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HomeMy WebLinkAbout2019-02-12 Joint & Regular Meeting Packet w/EDC/CDC AGENDA City Council & EDC/CDC Joint Meeting Tuesday, February 12, 2019 @ 6:30 PM Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 The City Council of the City of Anna will meet in Joint Meeting with EDC/CDC at 6:30 PM, on February 12, 2019, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1.Call to Order, Roll Call and Establishment of Quorum 2.JOINT MEETING Presentation and Discussion on EDC/CDC Year End Update. a 3.CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 4.Consider/Discuss/Action on any items listed on 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). 5.Adjourn. There being no further business before 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 F ebruary 8, 2019. ___________________________________ 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: 2/12/2019 AG E ND A IT E M : J O I NT ME E T I NG P resentation and Discussion on E D C/C D C Year End Update. S UM M ARY: S TAF F RE C O M M E ND AT I O N: AGENDA Regular City Council Meeting Tuesday, February 12, 2019 @ 7:00 P M A nna City Hall, Council Chambers 111 N. P owell P arkway, Anna, Texas 75409 T he City Council of the City of A nna will meet in R egular S ession at 7:00 P M, on F ebruary 12, 2019, at the Anna C ity Hall, L ocated at 111 North Powell P arkway (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 wi sh to speak on an open-session agenda i tem, please fill out the Opinion/Speaker Registration Form and turn it in to the Ci ty Secretary before the meeting starts. 1.Call to Order, Roll Call and Establishment of Quorum. 2.I nvocation and P ledge of A llegiance. 3.Citizen Comments. Citizens are allowed three mi nutes 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 informati on in response to a citizen's inquiry or to reci te existing poli cy i n response to the inquiry. 4.Receive reports from Staff or the City Council about items of community interest. Items of communi ty i nterest include: expressions of thanks, congratulations, or condolence; i nformation 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 publ ic empl oyment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or communi ty 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.Recognize Shef f ield F arms Home Owners Association (HO A ) f or their recent $1,500 donation to the f ire department. B art McDonald is the Shef f ield Farms HO A President and Gary B illups is a HO A member. (Fire Chief Ray I som) a b.Swearing in of the new F ire C hief to be conducted by the City Secretary. (Carrie S mith) a c.Police Department Update (Chief Caponera) a 5.Consent I tems. 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 Council Meeting Minutes for J anuary 22, 2019. (Carrie S mith) a b.Review minutes of the C D C meeting f rom November 1, 2018. (Ashley Stathatos) a c.Review minutes of the E D C meeting from November 1, 2018. (Ashley Stathatos) a d.Review the J anuary 7, 2019 P lanning and Zoning meeting minutes. (Maurice Schwanke) a e.Approve a R esolution approving the A nna Crossing P hase 1 C Preliminary Plat. (Maurice S chwanke) a f.Approve a Resolution approving the site and landscape plan for Texoma Fed located on the Northeast corner of Highway 75 and Hackberry Dr. (Maurice Schwanke) a g.Approve a R esolution approving the site and landscape plan for Walmart Anna Addition L ots 2 & 3 (Starbucks) located on the Northeast corner of Highway 75 and W hite St. (Maurice S chwanke) a h.Approve an Ordinance ordering for a May 4, 2019 General E le c ti o n; approving a E lection Service C ontract with Collin C ounty; and approving a J oint E lection A greement with A nna I ndependent S chool District and Collin College. (Carrie S mith) a i.Approve a Resolution approving a F acilities Use A greement with the Anna Sports Group f or 2019 and Authorizing the C ity Manager to E xecute Same. (Maurice Schwanke) a j.Review 2018 R acial P rofiling R eport as submitted to T C O L E by the Police Department. (Chief Caponera) a k.Review A nnual State A sset F orfeiture R eport as submitted to the Texas Attorney General's Office by the police department. (Chief Caponera) a l.Review F Y 18 Annual C ertif ication Report submitted by the Police Department to the US Department of J ustice. (Chief Caponera) a 6.Consider/Discuss/Action approving Third A mended Villages of Hurricane Creek S ubdivision I mprovement A greement. (Dana T hornhill) a 7.Consider/Discuss/Action on a Resolution of the City Of A nna, Texas determining the costs of certain authorized improvements to be financed by the Hurricane Creek P ublic I mprovement District; approving a preliminary service plan and assessment plan, including proposed assessment rolls; calling a regular meeting and noticing a public hearing for March 12, 2019 to consider an ordinance levying assessments on property located within the Hurricane C reek P ublic I mprovement District; directing the filing of the proposed assessment rolls with the City S ecretary to make available for public inspection; directing city staf f to publish and mail notice of said public hearing; and resolving other matters incident and related thereto. (Dana Thornhill) a 8.Consider/Discuss/Action on an Ordinance of the C ity Council of the C ity of A nna, Texas, terminating Tax I ncrement Reinvestment District Number One, City of A nna, Texas; providing for other matters related thereto; and providing an ef f ective date. (Dana Thornhill) a 9.Consider/Discuss/Action on a Resolution setting a public hearing under section 311.003 of the Texas Tax C ode for the creation of a tax increment reinvestment zone within the C ity Of A nna, Texas; authorizing the issuance of notice by the City S ecretary of A nna, Texas regarding the public hearing; and directing the city to prepare a preliminary reinvestment zone financing plan. (Dana Thornhill) a 10.A ppointment of I nterview A dvisory Committee for B oards and Commissions. (Mayor Pike) a 11.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 E conomic 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 C ity is conducting economic development negotiations; or (2) To deliberate the offer of a f inancial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t C ode §551.087); possible incentive agreements with property developers; pending negotiations on development agreements. a d.Deliberation regarding security devices or security audits. (Tex. Gov’t Code §551.076 and §551.089). a The Council f urther reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings A ct. 12.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). 13.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. 4.a. City Council Agenda Staff Report Meeting Date: 2/12/2019 AG E ND A IT E M : Recognize Sheffield F arms Home Owners A ssociation (HO A ) for their recent $1,500 donation to the fire department. Bart McDonald is the Sheffield F arms HO A President and Gary B illups is a HO A member. (Fire Chief Ray I som) S UM M ARY: S TAF F RE C O M M E ND AT I O N: Item No. 4.b. City Council Agenda Staff Report Meeting Date: 2/12/2019 AG E ND A IT E M : S wearing in of the new F ire Chief to be conducted by the City Secretary. (Carrie Smith) S UM M ARY: Ray Isom, has served as acting chief and interim chief since September of 2018. In this role he has served the community well and has exhibited leadership to which he has been recognized. As such the City Manager has selected Chief Isom as the new Fire Chief. It is customary to swear in the Chief and this will be executed by the City Secretary during this meeting. Ray is a second-generation firef ighter who began his career in 1996. W hile attending Oklahoma State University, he worked as a firefighter, fire inspector, and safety technician for the college. I n 2004, Mr. I som became a Deputy with the Texas S tate F ire Marshal's O f f ice in A ustin, Texas. During this time, Ray oversaw f ire prevention for state-owned facilities while also working on several high-profile arson and bomb cases. He was also involved in coastal relief ef f orts in the aftermath of Hurricanes K atrina and Rita. R ay joined the Allen F ire Department in 2008 as a Fire Prevention Specialist. W hile there, he was involved in countless new construction projects, arson investigations, and assisted with the city's E mergency Management efforts. Ray is a certified Master F iref ighter, a commissioned Master Peace Officer, and a National Registry Emergency Medical Technician. He is certif ied in the disciplines of A rson I nvestigator, F ire I nspector, F ire Officer, Driver/Operator/A erial, I ncident Safety Officer, F ire S ervice I nstructor, and L aw E nforcement I nstructor. Mr. I som was recognized as a Certified F ire Protection Specialist through the National Fire Protection A ssociation (NF PA ) in 2005. He has also completed the nation’s only F ire Executive Management Training (F E MT ) leadership program through the Bill B lackwood L aw E nforcement Management I nstitute of Texas (L E MI T ) located on the campus of Sam Houston State University. Additionally, Ray holds a General Class F C C A mateur Radio L icense. Mr. I som is a 2001 graduate of Oklahoma S tate University and holds a B achelor of S cience degree in P sychology with a minor in F ire P rotection. He earned his Master’s degree in Public Affairs from the University of Texas at Dallas in 2015. Ray is married to his wif e, L ola, and they have two wonderful children. I n his spare time, he enjoys listening to music, playing guitar, outdoor adventures, and the pursuit of knowledge. Congrats to Chief I som. S TAF F RE C O M M E ND AT I O N: AT TAC HM E NT S : Description Upload Date Type Chief I som Photo 2/8/2019 Staff Report *I Item No. 4.c. City Council Agenda Staff Report Meeting Date: 2/12/2019 AG E ND A IT E M : P olice Department Update (Chief Caponera) S UM M ARY: S TAF F RE C O M M E ND AT I O N: Item No. 5.a. City Council Agenda Staff Report Meeting Date: 2/12/2019 AG E ND A IT E M : A pprove Council Meeting Minutes for J anuary 22, 2019. (Carrie Smith) S UM M ARY: S TAF F RE C O M M E ND AT I O N: AT TAC HM E NT S : Description Upload Date Type Work Session 2/8/2019 Exhibit Regular Session 2/8/2019 Exhibit A NNA C I T Y C O UNC I L M I NUT E S W O R K S E S S I O N J anuary 22, 2019 T he City Council of the City of Anna met in Work S ession on the above date at A nna City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1.Call to Order, Roll Call and E stablishment of Quorum Mayor Pike called the meeting to order at 6:34 p.m. Council Members Tutson, Beazley and Reeves were absent. 2.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 E conomic 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 C ity is conducting economic development negotiations; or (2) To deliberate the offer of a f inancial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t C ode §551.087); possible incentive agreements with property developers; pending negotiations on development agreements. a d.Discuss or deliberate personnel matters (Tex. Gov’t C ode §551.074); City Manager a MO T I O N: Council Member B ryan moved to enter closed session. Council Member Miller seconded. Motion carried 4-0. Mayor Pike recessed the meeting at 6:36 p.m. Mayor Pike reconvened the meeting at 7:15 p.m. 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. 3.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. None. 4.A djourn. There being no f urther business bef ore the Council, we will consider this meeting adjourned at ___________ p.m. Mayor Pike adjourned the meeting at 7:15 p.m. Approved on the F ebruary 12, 2019. ________________________ Mayor Nate Pike AT T E S T: __________________________ City Secretary Carrie L . Smith A NNA C I T Y C O UNC I L M I NUT E S R E G UL A R S E S S I O N J anuary 22, 2019 1.Call to Order/Roll Call and E stablishment of Quorum Mayor Pike called the meeting to order at 7:15 p.m. Council Members Beazley and Reeves were absent. 2.Invocation and Pledge of Allegiance. Mayor Pike led the invocation and pledge. 3.Citizen Comments. Citizens are allowed three mi nutes 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 informati on in response to a citizen's inquiry or to reci te existing poli cy i n response to the inquiry. Toni Riggs, 1718 E lm S treet - discussed safety issues with roadway's in Oak Hollow being to narrow for safety personnel and vehicles to get down. Lynn Bryan, 1201 Oak Hollow - opposed to spending funds to put lighting on water tower. B ill Morgan, - opposed to locomotive purchase and use of eminent domain. Troy R eed, 8101 Red F ox R oad - requested a sound barrier wall on the north side of Finley B lvd. L onny Hayes, 8103 Red F ox Road - requested a sound barrier wall on the north side of F inley Blvd. 4.Receive reports from Staff or the City Council about items of community interest. Items of communi ty i nterest include: expressions of thanks, congratulations, or condolence; i nformation 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 publ ic empl oyment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or communi ty 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. Chief C aponera recognized Sgt. B utler for meeting with area churches to hold active shooters training. Mayor Pike commended Chief I som for the Push-in Ceremony. P ublic Works Director J oseph J ohnson noted there would be a tour of the North Texas Municipal Water D istrict on February 15 and US 75 north bound will be closed S aturday through S unday for construction. 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. I tems b, c and e were removed from the consent agenda. MO T I O N: C ouncil Member Bryan moved to approve consent items a and d. Council Member Miller seconded. Motion carried 5-0. a.Approve City Council Meeting Minutes for J anuary 8, 2019. (City S ecretary) b.Approve a R esolution authorizing the City Manager to execute a contract to purchase and ref urbish a 1906 2-6-0 Mogul A L C O locomotive. (Maurice Schwanke) P lanning Director Maurice S chwanke gave a brief overview of the park concept plan. A dvertisement for bids for a 1906 2-6-0 Mogul A L C O locomotive were conducted and one response was received f rom R eader I ndustries, I nc. located in Prescott, A rkansas. T he bid was received on J anuary 3, 2019 which is prior to the J anuary 8th deadline. T he bid amount was $348,360.00. There are f unds available for this park equipment in the 2019 F iscal Year B udget Park Trust F unds approved by the City Council. A R E S O L UT I O N O F T HE C I T Y O F A NNA , T E X A S A P P R O V I NG A ND A UT HO R I Z I NG T HE C I T Y MA NA G E R TO E X E C UT E C O NT R A C T TO P UR C HA S E A ND R E F UR B I S H A 1906 2-6-0 MO G UL A L C O L O C O MO T I V E. MO T I O N: Council Member B ryan moved to approve. C ouncil Member Miller seconded. Motion carried 5-0. c.Approve a resolution authorizing changes to the C D C bylaws. (J essica Perkins) The C D C B ylaws have not been amended since 2014. W ith the addition of an employee and af ter a review of day-to-day operations, staff and legal counsel recommend the following edits: - page 2 Housekeeping item - edited the definition of vacancy for clarity and consistency. T he proposed definition matches the E D C bylaws. - page 3 Housekeeping item - edited the def inition of "notice" for clarity and consistency. T he proposed definition matches the E D C bylaws. - page 9 Members - change requested by City Council to allow for council member liaisons and inclusion in executive session of C D C board meetings. - page 9 B udget - change recommended by staff to reflect the day-to-day operations of the C D C as a department of the city. - page 11 and 12 P ayments - change recommend by staf f to reflect the day- to-day operations of the C D C as a department of the city. - page 12 travel expenses - change recommend by staff to reflect approved travel arrangements on behalf of the operations of the C D C. - page 15 - change recommended by staff as the language is a duplication. A R E S O L UT I O N O F T HE C I T Y C O UNC I L O F T HE C I T Y O F A NNA , T E X A S, A P P R O V I NG T HE A NNA C O MMUNI T Y D E V E L O P ME NT C O R P O R AT I O N B YL AW S A S A P P R O V E D A ND A D O P T E D B Y T HE A NNA C O MMUNI T Y D E V E L O P ME NT C O R P O R AT I O N O N J A NUA RY 3, 2019 MO T I O N: Council Member Miller moved to approve. C ouncil Member Tutson seconded. Motion carried 5-0. d.Review Quarterly I nvestment Report (Dana Thornhill) e.Approve a Resolution authorizing the C ity Manager to solicit competitive sealed proposals f or the Hackberry E levated S torage Tank L ighting Project. (J oseph J ohnson) The Hackberry E levated Storage Tank (E S T ) L ighting Project is located near the northeast corner of US 75 and F M 455. T he project, if constructed, would provide illumination of the City of A nna logos to be installed on the Hackberry E S T. T he lighting system was previously f ully designed and bid as an additive alternate in the Hackberry E S T Project, but was not awarded as part of the project. A t a recent C ouncil meeting, the Council expressed interest in completing the lighting portion of the project. The project construction cost is expected to be $100,000 with the total project cost at $115,000. T hat being said, previous bids ranged f rom $54,100 to $130,000 so there is potential for a competitive bidding environment. Funding is available for the project in the Water & S ewer C apital P roject Non- B ond F und, said funds being assigned for this purpose. A R E S O L UT I O N O F T HE C I T Y O F A NNA , T E X A S A UT HO R I Z I NG T HE C I T Y MA NA G E R TO S O L I C I T C O MP E T I T I V E S E A L E D P R O P O S A L S F O R T HE HA C K B E R RY E L E VAT E D S TO R A G E TA NK L I G HT I NG P R O J E C T. MO T I O N: Mayor P ike moved to approve. Council Member Tutson seconded. Motion carried 5-0. 6.A.) P ublic Hearing on an Ordinance amending the S ubdivision Ordinance, the S ign Ordinance and the L andscape Ordinance B.) C onsider/Discuss/Action on an O rdinance amending the S ubdivision Ordinance, the S ign Ordinance and the L andscape Ordinance (M aurice S chwanke) a Mayor Pike opened the public hearing at 7:54 p.m. Marietta S chell stated the roadways and sidewalks need to be wider. David B riggs stated builders will still come with larger roadways. Mayor Pike closed the public hearing at 7:56 p.m. T he C ity Council of the City of A nna, Texas adopted a resolution on J anuary 23rd, 2018 to create the Neighborhood Design A dvisory Committee. T he members for the Neighborhood Design A dvisory Committee were later appointed by the City Council at the F ebruary 27th, 2018 City Council meeting. T he Neighborhood Design A dvisory C ommittee has been meeting once a month to discuss the City of A nna’s standards moving f orward for future subdivisions. Each item below was voted upon and passed by the majority of members at each meeting and passed again in its entirety in the final meeting before submittal. The f ollowing items will be considered standard f or every new, residential subdivision in addition to and amending the current subdivision standards. 1. Block lengths of a maximum of 1200 feet. 2. T he width of residential sidewalks within the subdivision shall be a minimum of five (5) feet. 3. T here will be a minimum of 15 f eet of green space for border treatments adjacent to major thoroughfares. 4. One large tree will be required every 40 feet along major thoroughfares. 5. A ll subdivisions will designate a primary entrance which must meet the base requirements in addition to meeting the required 20 point total f rom the list of approved, additional point features. 6. T he primary entrance f or a subdivision must have a divided entryway and have a minimum entryway length of one typical, residential lot size f rom the community. I n terms of subdivisions with a range of lot sizes, the median typical lot size will be required. 7. P rimary subdivision entrances are prohibited from terminating at a “Tintersection” unless it terminates on an approved option f rom Table A, or on the base requirement of green space equal to one typical (or median) residential lot. I t is prohibited for the Tintersection to terminate on a residential house. 8. Secondary subdivision entrances are required to have subdivision signage. 9. A n additional 15 point total must be met by adding upgraded secondary entrance features or features within the subdivision found in Table C. 10. A minimum of five (5) parking spaces will be required at major, neighborhood focal points (such as but not limited to pools, amenity centers, parks, and playgrounds). I f the major features are adjacent to each other, they can share a parking lot with a minimum of eight (8) parking spaces instead of ten (10). 11. A ll subdivisions shall have a 40 percent curvilinear nature. F or a street to be considered as a curve, the following criteria shall be met. a. 200’ centerline radius must have an arc length of 200’ long. b. For larger centerlines, the arc length shall increase by 70’ f or every 100’ increase in centerline radius or fraction thereof. (example 1,000’ radius = 760’ arc length) A N O R D I NA NC E O F T HE C I T Y O F A NNA, T E X A S, A ME ND I NG T HE A NNA C I T Y C O D E O F O R D I NA NC E S B Y A ME ND I NG PA RT I I I -A (S UB D I V I S I O N R E G UL AT I O NS), PA RT I I I -D (S I G N R E G UL AT I O NS), A ND PA RT I I I -E (L A ND S C A P E R E G UL AT I O NS); P R O V I D I NG F O R S AV I NG S , S E V E R A B I L I T Y, A ND R E P E A L I NG C L A US E S ; P R O V I D I NG F O R A N E F F E C T I V E D AT E ; P R O V I D I NG F O R A P E NA LT Y C L A US E NO T TO E X C E E D $2000 O R T HE HI G HE S T P E NA LT Y A MO UNT A L L O W E D B Y L AW, W HI C HE V E R I S L E S S ; A ND P R O V I D I NG F O R T HE P UB L I C AT I O N O F T HE C A P T I O N HE R E O F. MO T I O N: Mayor Pike moved to approve. Council Member Toten seconded. Motion carried 5-0. 7.Consider/Discuss/Action on a Resolution of the City C ouncil of the City of Anna, Texas, establishing a new administrative department, the City of Anna E conomic D evelopment Department, making certain related findings, and providing an effective date (J im Proce) a A R E S O L UT I O N O F T HE C I T Y C O UNC I L O F T HE C I T Y O F A NNA, T E X A S , E S TA B L I S HI NG A N E C O NO MI C D E V E L O P ME NT D E PA RT ME NT A ND MA K I NG R E L AT I NG F I ND I NG S ; P R O V I D I NG A N E F F E C T I V E D AT E. MO T I O N: Council Member B ryan moved to approve. Council Member Tutson seconded. Motion carried 5-0. 8.Consider/Discuss/Action regarding a Resolution authorizing the City M anager to negotiate the terms of a proposed contract for Construction M anager At Risk services for the construction of the proposed M unicipal Complex. (J im P roce) a I n preparation for construction of the proposed Municipal Complex, the City formally issued a Request F or Proposals (R F P ) on November 1, 2018 for Construction Manager at Risk (C MA R) Services. O n November 9, 2018, the City hosted a pre-proposal meeting. A dditionally, the City established a deadline of November 16, 2018 f or clarifications and questions. One addendum was issued by the City on November 19, 2018 in response to several questions that were received. On November 21, 2018, six proposals for C MA R services were opened and read publicly. P roposals were received from L ee L ewis Construction, I nc., Crossland C onstruction Company, I nc., K ey Construction, S teele & F reeman, I nc., Hill & W ilkinson General Contractors, and B yrne Construction Services. P rior to publishing the R F P, the City Manager f ormed a review committee consisting of: 1. J im Proce, City Manager 2. Randall S cott, A I A, Randall S cott Architects, I nc. 3. J oseph J ohnson, Director of P ublic Works 4. J eff Caponera, Chief of Police 5. Ray I som, I nterim Fire Chief 6. Dana T hornhill, Director of Finance 7. Maurice Schwanke, Director of Planning & Development 8. Steven S mith, A ssistant Director of P ublic Works S elect members of the committee attended the proposal opening, while the entire committee participated in the subsequent review process. The review process included a thorough and independent review by each member of the committee. The review included conversations with the references provided by each contractor. On D ecember 13, 2018 the committee met to review preliminary scoring matrices and identified the top four contractors based upon the matrices individually produced by each member of the committee. T he top four candidates were then contacted and interviews were scheduled. The four groups that were interviewed were B yrne Construction S ervices, Hill & W ilkinson General Contractors, S teele & Freeman, I nc., and L ee L ewis C onstruction, I nc. A ll interviews were conducted on J anuary 10, 2019 with all members of the review committee present. The scoring matrix f ollowed the exact procedure outlined in the R F P. P roposals were scored based upon the following factors: 1. F irm description, experience & understanding of C MA R - 10% 2. Key professionals & qualifications of individuals assigned - 10% 3. Philosophy & approach, firm's ability to meet City's objectives - 10% 4. Relevant project experience with same/similar facility construction, firm capacity - 10% 5. References - 10% 6. Cost proposal, preconstruction services, construction services, cost and extent of general services - 50% Following the interviews each member of the review committee completed an independent final scoring matrix based upon the prescribed criteria. T he matrices were then compiled into a master scoring matrix which is the basis for staff's recommendation. A R E S O L UT I O N O F T HE C I T Y O F A NNA , T E X A S A P P R O V I NG A ND A UT HO R I Z I NG T HE C I T Y MA NA G E R TO NE G O T I AT E T HE T E R MS O F A P R O P O S E D C O NT R A C T W I T H L E E L E W I S C O NS T R UC T I O N, I NC . O F D A L L A S, T E X A S F O R C O NS T R UC T I O N MA NA G E R AT R I S K S E RV I C E S F O R T HE C I T Y O F A NNA MUNI C I PA L C O MP L E X P R O J E C T. MO T I O N: Council Member Tutson moved to approve. C ouncil Member B ryan seconded. Motion carried 5-0. 9.Consider/Discuss/Action on a Resolution of the City C ouncil of the City of Anna, Texas, finding and determining that a public necessity exists for acquisition of approximately 2.03± acres of real property for municipal public use described as Anna Original Donation (Can), B lock 2, L ot 1-5 8 9 & AB S-71 Henry Brantley Survey T ract 147 and located at or near 206 E . 7th S treet, Anna, Texas; authorizing and ordering the City M anager, C ity staff, contractors, and the City’s attorneys to acquire said property by any lawful means, including but not limited to negotiations, and, if necessary, proceedings in eminent domain; providing an effective date. (J oseph J ohnson) a The City of Anna plans to construct new municipal f acilities to conduct its governmental functions benef iting the City of Anna, its citizens, and the general health, saf ety, and welf are of its citizens. I n order to construct the municipal facilities, it is necessary to acquire fee simple ownership of certain real property not owned by the C ity of Anna, said property being adjacent to certain property owned by the C ity of Anna for municipal f acilities. T he property is described and depicted in Exhibit A to the attached Resolution and is owned by J oiner Construction Company, I nc. and/or others. T he Resolution, if approved, finds a public necessity and authorizes City staff, contractors, and the City's attorneys to negotiate, and, if necessary, initiate proceedings in eminent domain to acquire the property. A R E S O L UT I O N O F T HE C I T Y C O UNC I L O F T HE C I T Y O F A NNA, T E X A S , F I ND I NG A ND D E T E R MI NI NG T HAT A P UB L I C NE C E S S I T Y E X I S T S F O R A C Q UI S I T I O N O F A P P R O X I MAT E LY 2.03± A C R E S O F R E A L P R O P E RT Y F O R MUNI C I PA L P UB L I C US E; A UT HO R I Z I NG A ND O R D E R I NG T HE C I T Y MA NA G E R, C I T Y S TA F F, C O NT R A C TO R S , A ND T HE C I T Y’S AT TO R NE YS TO A C Q UI R E S A I D P R O P E RT Y B Y A NY L AW F UL ME A NS , I NC L UD I NG B UT NO T L I MI T E D TO NE G O T I AT I O NS , A ND, I F NE C E S S A RY, P R O C E E D I NG S I N E MI NE NT D O MA I N; P R O V I D I NG A N E F F E C T I V E D AT E . MO T I O N: Mayor Pike moved that the C ity of A nna adopt this resolution and authorize the use of the power of eminent domain to acquire a fee simple interest in 2.03± acres of land for municipal f acilities and related public purposes. S aid fee simple interest to be acquired is described and depicted in E xhibit A attached to this Resolution. Said tract is 2.03± acres of land in the City of A nna, Collin County, Texas, shown as A nna Original D onation (Can), B lock 2, L ot 1-5 8 9 & A B S-71 Henry Brantley S urvey Tract 147. C ouncil Member Miller seconded. Motion carried 5-0. 10.Discuss E M S and ambulance service delivery options related to the fire department. (Ray Isom) a No action. 11.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 Manager a d.Discuss or deliberate E conomic 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 C ity is conducting economic development negotiations; or (2) To deliberate the offer of a f inancial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t C ode §551.087); possible incentive agreements with property developers; pending negotiations on development agreements. a MO T I O N: C ouncil Member Tutson moved to enter closed session. Council Member Miller seconded. Motion carried 5-0 Mayor Pike recessed the meeting at 9:00 p.m. Mayor Pike reconvened the meeting at 9:29 p.m. 12.Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary No action. 13.Adjourn. Mayor Pike adjourned the meeting at 9:29 p.m. Approved on the F ebruary 12, 2019. ________________________ Mayor Nate P ike AT T E S T: __________________________ City Secretary Carrie L . Smith Item No. 5.b. City Council Agenda Staff Report Meeting Date: 2/12/2019 AG E ND A IT E M : Review minutes of the C D C meeting from November 1, 2018. (A shley Stathatos) S UM M ARY: S TAF F RE C O M M E ND AT I O N: AT TAC HM E NT S : Description Upload Date Type Minutes 2/7/2019 Exhibit Anna Community Development Corporation Meeting Minutes Thursday, November 1, 2018 at 6:30 pm Anna Community Development Corporation Meeting Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 COMMUNITY DEVELOPMENT CORPORATION CDC Board Members Present: Anthony Richardson, Bruce Norwood, Stan Carver, Shelby Miles, Josh Vollmer, Jim Gurski CDC Board Members Absent: none Staff Present: Jessica Perkins, Ashley Stathatos 1. Call to Order, Roll Call and Establishment of Quorum. Meeting called to order by Anthony Richardson at 6:41 pm. 2. Invocation and Pledge of Allegiance. Invocation and pledge of allegiance led by Anthony Richardson. 3. Citizen Comments. No citizens came forward to speak at citizen comments. 4. Consider/Discuss/Action accepting Doug Hermann's resignation. Josh Vollmer made a motion to accept Doug Hermann's resignation. Jim Gurski seconded the motion. All in favor. Motion passed. 6. Consider/Discuss/Action regarding passing a resolution approving a project and related incentive agreement for new economic development with Q Seminole Anna Town Center L.P., the Anna Economic Development Corporation, and the City of Anna. After a brief discussion and review of the key points of the incentive agreement, Mr. Brian Bischoff briefly addressed the members of the board sharing his enthusiasm for the project and thanking them for their willingness to partner with Q Seminole. Stan Carver made a motion to accept the resolution approving the incentive agreement. Anthony Richardson seconded the motion. All in favor. Motion passed. 6. Consider and discuss SWOT Analysis, Survey and status of Workplan. 1 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 of the Anna Community Development Corporation may be delayed but will begin immediately after the conclusion of the meeting of the Anna Economic Development Corporation. 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. 11-1-2018 Regular CDC Minutes.doc Staff reviewed highlights from the SWOT analysis that was previously conducted and introduced a survey for the board to completed to round out the analysis. Staff will compile the information for the board's review. 7. 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. Stan Carver made a motion to go into Executive, Closed, Session at 6:43 pm to discuss or deliberate Economic Development Negotiations. seconded the motion. All were in favor. Motion passed. Doug Hermann made a motion to return to Open, Public, Session at 6:05 pm. Josh Vollmer seconded the motion. All were in favor. Motion passed. 1 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 of the Anna Community Development Corporation may be delayed but will begin immediately after the conclusion of the meeting of the Anna Economic Development Corporation. 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. 11-1-2018 Regular CDC Minutes.doc 8. Consider/Discuss/Action regarding minutes from October 4, 2018. Josh Vollmer made a motion to approve the minutes October 4, 2018. Shelby Miles seconded the motion. All were in favor. Motion passed. 9. Adjourn Stan Carver made a motion to adjourn at 7:52 pm. Anthony Richardson seconded the motion. All were in favor. Motion passed. Anthony Richardson President of CDC ATTESTED: Jim GL r4i Secretary of CDC 1 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 of the Anna Community Development Corporation may be delayed but will begin immediately after the conclusion of the meeting of the Anna Economic Development Corporation. 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. 11-1-2018 Regular CDC Minutes.doc Item No. 5.c. City Council Agenda Staff Report Meeting Date: 2/12/2019 AG E ND A IT E M : Review minutes of the E D C meeting from November 1, 2018. (Ashley S tathatos) S UM M ARY: S TAF F RE C O M M E ND AT I O N: AT TAC HM E NT S : Description Upload Date Type Minutes 2/7/2019 Exhibit i�:wrP `j Anna Economic Development Corporation Meeting Minutes Thursday, November 1, 2018 at 6:30 pm Anna City Hall, Council Chambers ECONOMIC 111 N. Powell Parkway, Anna, Texas 75409 DEVELOPMENT CORPORATION CDC Board Members Present: Anthony Richardson, Josh Vollmer, Bruce Norwood, Stan Carver, Shelby Miles, Jim Gurski CDC Board Members Absent: none Staff Present: Jessica Perkins, Ashley Stathatos 1. Call to Order, Roll Call and Establishment of Quorum. Josh Vollmer called the meeting to order at 6:35 pm. 2. Citizen Comments. No citizens came forward to speak at citizen comments. 3. Consider/Discuss/Action accepting Doug Hermann's resignation. Jim Gurski made a motion to accept Doug Hermann's resignation. Josh Vollmer seconded the motion. All in favor. Motion passed. 4. Consider/Discuss/Action regarding minutes from October 4, 2018. Josh Vollmer made a motion to approve the minutes from October 4, 2018. Stan Carver seconded the motion. All were in favor. Motion passed. 6. Adjourn. Bruce Norwood made a seconded the rnotionA APPROVED: Anthony RichardE President of EDC to adjourn the meeting at 6:40 pm. Shelby Miles in favor. Motion passed. ATTESTED: Jim =S)YI Secof EDC 1 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. IWORANT 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. 11-1-2018 Reg EDC Meeting — Page 1 Item No. 5.d. City Council Agenda Staff Report Meeting Date: 2/12/2019 AG E ND A IT E M : Review the J anuary 7, 2019 P lanning and Zoning meeting minutes. (Maurice Schwanke) S UM M ARY: S TAF F RE C O M M E ND AT I O N: Item No. 5.e. City Council Agenda Staff Report Meeting Date: 2/12/2019 AG E ND A IT E M : A pprove a Resolution approving the Anna Crossing P hase 1C Preliminary P lat. (Maurice S chwanke) S UM M ARY: T he A nna Crossing P hase 1C preliminary plat contains 49.433 acres located in the Granderson Stark S urvey, A bstract No. 798. T his tract is located on the Northeast corner of Highway 5 and East F oster C rossing Rd, just S outh of Anna Crossing Phase 1B . T he preliminary plat is for 101 residential lots, seven HO A tracts, and two f uture commercial tracts. T he tract of land was recently rezoned with a P D to allow for a S ingle F amily (S F -72) District and a C ommercial C-1 District. T he commercial component will be submitted at a later date. Any remaining comments f or the utilities and easements will be addressed during the civil reviews and final plat. S TAF F RE C O M M E ND AT I O N: Approval of a Resolution approving the Anna Crossing P hase 1C Preliminary P lat. AT TAC HM E NT S : Description Upload Date Type Resolution 2/5/2019 Resolution Preliminary P lat 1/31/2019 Exhibit L ocation Map 2/1/2019 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A PRELIMINARY PLAT OF ANNA CROSSING PHASE 1C. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Part III-A of the Anna City Code of Ordinances (“Subdivision Regulations”); and WHEREAS, Bannister Engineering, LLC has submitted an application for approval for the preliminary plat of Anna Crossing Phase 1C; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Preliminary Plat The City Council hereby approves the preliminary plat of Anna Crossing Phase 1C attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 12th day of February 2019. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L. Smith Mayor, Nate Pike 700 7 0 5 701 7 0 2 7 0 3 7 0 4 706 70 7 708 700 705 710 699 701 702 703 704 706 707 708 709 711 705702703704 706 707 708 700700700700 705 701 701702703704 709708706704702701702703 705 704706 701701Ex. WL Ex. WL Ex. WL Ex. WL Ex. WL Ex. WL Ex. WL Ex. WL Ex. WL Ex. WL Ex. WL Ex. WL Ex. WL Ex. WL Ex. WL Ex. WL Ex. WL Ex. WL Ex. WL Ex. WL Ex. WL Ex. WL Ex. WL Ex. WL Ex. WL Ex. WL Ex. WL Ex. WL Ex. WLEx.GASEx.GASEx.GASEx.GASEx.GASAPPROXIMATE LOCATION OF LONE STAR GAS EASEMENT VOLUME 280, PAGE 244 D.R.C.C.T. (BLANKET IN NATURE) PROPOSED 50' EASEMENT 20' UTILITY EASEMENT INSTRUMENT NUMBER 20080806000959210 O.P.R.C.C.T.DALLAS AREA RAPID TRANSIT (DART)VOLUME 5443, PAGE 5532, O.P.R.C.C.T.HOUSTON & TEXAS CENTRAL RAILWAY COMPANY150' RIGHT-OF-WAYVOLUME V, PAGE 603, D.R.C.C.T.DEED LINEEXISTING RAILROAD RIGHT-OF-WAY LINE75.0 0 ' 75.0 0 ' 20' PERMANENT WATER LINE EASEMENT INSTRUMENT NUMBER 20160607000708690 O.P.R.C.C.T. EAST FOSTER CROSSING ROAD ALSO KNOWN AS COUNTY ROAD 421 CECIL BURL CUNNINGHAM INSTRUMENT NUMBER 20151123001471250 O.P.R.C.C.T. TOMMY CUNNINGHAM VOLUME 4802, PAGE 3430 O.P.R.C.C.T. ANNA ECONOMIC DEVELOPMENT CORPORATION & ANNA COMMUNITY DEVELOPMENT CORPORATION INSTRUMENT NUMBER 20170103000004800 O.P.R.C.C.T. ANNA HIGHWAY 5, LLC INSTRUMENT NUMBER 20121228001650300 O.P.R.C.C.T. ROBERT W. PRICE INSTRUMENT NUMBER 19930202000078430 O.P.R.C.C.T. ROBERT W. PRICE AND WIFE, JESSICA M. PRICE (TRACT TWO) INSTRUMENT NUMBER 1997-69675 O.P.R.C.C.T. ANNA CROSSING PHASE 1B INSTRUMENT NUMBER 2017-570 O.P.R.C.C.T. LOT 5 LOT 6 LOT 75' WALLMAINTENANCEEASEMENT10' UTILITY EASEMENTBLOCK F LOT 57, BLOCK A OPEN SPACE / DRAINAGE EASEMENT BROOK DR I V E 50' RIGHT- O F - W A Y CAIN DRIVE50' RIGHT-OF-WAYCENTER LINE75.0 0 ' 75.0 0 ' SURVEY LINEGRANDERSON STARK SURVEYABSTRACT NUMBER 798 GRANDERSON STARK SURVEY, ABSTRACT NUMBER 798 DAVID E W BABB S U R V E Y ABSTRACT NUMB E R 3 3 DAVID E W BABB SURVEY, ABSTRACT NUMBER 33 FOUND 1/2" CAPPED IRON ROD STAMPED "CORWIN" FOUND 1/2" IRON ROD FOUND 1/2" IRON ROD FOUND 1/2" CAPPED IRON ROD STAMPED "CORWIN" FOUND 1/2" IRON ROD FOUND X-CUT IN CONCRETE FOUND 1/2" CAPPED IRON ROD STAMPED "CORWIN"DEED LINELOUIS C. MILLER INSTRUMENT NUMBER 19930204000086770 O.P.R.C.C.T. SANITARY SEWER EASEMENT INSTRUMENT NUMBER 20150619000737770 O.P.R.C.C.T. TEMPORARY GRADE TO DRAIN EASEMENT INSTRUMENT NUMBER 20150514000562250 O.P.R.C.C.T.Ex. 15" SSEx. 15" SS Ex. 15" SS Ex. 15" SS Ex. 15" SSEx. 15" SSEx. 15" SSEx. 15" SSEx. 15" SSEx. 15" SSEx. 15" SSEx. 15" SSEx. 15" SSEx. 15" SSEx. 15" SSEx. 15" SSLOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 HOA TRACT 1 HOA TRACT 2 HOA TRACT 3 HOA TRACT 4 HOA TRACT 5 HOA TRACT 6 LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7 LOT 8 LOT 9 LOT 10 LOT 11 LOT 12 LOT 13 LOT 14 LOT 15 LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6LOT 7 LOT 8 LOT 9 LOT 10 LOT 11 LOT 12 LOT 13 LOT 14 LOT 15 LOT 16 LOT 17 LOT 18 LOT 19 LOT 20 LOT 21 LOT 22 LOT 23 LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7 LOT 8 LOT 9 LOT 10 LOT 11 LOT 12 LOT 13 LOT 14 LOT 15 LOT 16 LOT 17 LOT 18 LOT 19 LOT 20 LOT 21 LOT 22 LOT 23 LOT 24 LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7 LOT 8 LOT 9 LOT 10 LOT 11 LOT 12 LOT 13 LOT 14 LOT 15 LOT 16 LOT 17 LOT 18 LOT 19 LOT 20 LOT 21 LOT 22 LOT 23 LOT 24 LOT 25 LOT 26 LOT 27 LOT 28 LOT 29 LOT 30 LOT 31 LOT 32 L2C2C1L1L6C11C12C13C14C15C3C4L3C5 C6 C7 C8 C9 C 1 0 L5L7C16C17L8L4L=19.82' L =5 0.21' 70.00'120.88'L =6 7 .0 0 ' 67.00'N00° 10' 30"W 122.89'L=37.65' L =2 9 .3 8 ' 67.00'122.67'L =6 7 .01' 67.00'120.62'L =6 7.0 2 ' 67.00'120.07'L=6 7.12 ' 67.00'121.74'L=65.9 0 'S20° 08' 10"W 140.35'114.34'N00° 10' 30"W 125.64'L=51.41'S20° 08' 10"W 146.90'53.32' L=45.43' L=39.41'S20° 08' 10"W 134.67'74.64'L=50.96' 19.11' 171.59' N71° 1 5 ' 0 9 " W 95.0 0 '217.40'N52° 27' 13"E 210.80'L=49.40'120.00'70.64'L=51.86'27.78'120. 0 0 '63.50'63.50'120. 0 0 '63.50'63.50'L=12.43' N71° 1 5 ' 0 9 " W 110. 1 1 '63.50'56.01'93.14'L=58.54'N 4 9 ° 3 4 ' 0 7 "W 1 0 5 . 9 1 ' 91.47'46.91'L=38.95'N04° 39' 55"W 94.93'80.67' L=62.6 3 'L=9.97' 89.25'S05° 45' 31"W 125.33'L=5 4.84 ' 53.07'S20° 08' 10"W 137.10'L=5 2.0 8 'N20° 08' 10"E 140.31'34.81' L=81.8 6 ' 60.00'S00° 33' 34"W 134.73'L =6 0.0 0 ' 60.00'134.87'L =6 0 .0 2 ' 60.00'133.56'L =3 8 .9 9 ' L=21.06' 70.00'S00° 33' 34"W 130.99'L =7 0 .0 2 '129.44'70.00'129.82'L=13.16' L=5 6 .8 5 'N00° 33' 34"E 130.81'60.00' L =6 0 .01 '129.75'60.00' L=38.00' L =2 2 .0 6 '127.11'60.00' L =6 0 .0 2 '125.53'60.00' L =6 0.0 0 '125.73'60.00' L=16.70' L =4 3.31'126.77'60.00' L =6 0 .01'N00° 33' 34"E 126.13'63.95' L =4 9 .6 8 ' L=10.36'N02° 22' 57"E 124.18'111.96' L=52.10'N26° 15' 49"E 151.40'N15° 04' 47"W 69.85' 74.77' L=52.10' N50° 08' 41"E 155.40'L=52.10' N74° 01 ' 3 3 " E 129.62 ' N15° 04' 47"W 113.53' L=34.47'39.61'N89° 49' 30"E 120.00' N00° 10' 30"W 108.93'60.00'N89° 49' 30"E 120.00'70.00'120.00' L =7 0.0 1 '120.02'70.00'N00° 10' 30"W 120.90'L =4 1.0 9 ' L=18.94' 60.00'122.74'L =6 0 .0 0 ' 60.00'122.93'L=6.25' L =5 3.7 7 ' 60.00'121.32'L=6 0 .0 2 ' 60.00'120.04'L =6 0 .0 0 ' 60.00'120.54'L=15.24' L =4 4 .8 0 ' 60.00'122.65'L =6 0.01 ' 60.00'122.58'1.76' C18 L=35.95' 60.00'120.00'60.00' 60.00'120.00'60.00' 60.00'120.00'60.00' 60.00'120.00'60.00' 60.00'120.00'60.00' 60.00'120.00'60.00' 60.00'120.00'120.00'L=75.74'247.96'L=68.88'N20° 08' 10"E 252.44'L=52.0 0' L=51.49 'N20° 08' 10"E 254.43'L=5 9.4 8 '133.88'N89° 49' 30"E 105.86' L =6 0.0 3 'S00° 10' 30"E 122.31'60.00' L =6 0.0 0 '120.46'60.00' L =6 0.0 1 '120.03'60.00' L =3 8 .6 8 ' L=21.35'121.03'60.00' L =6 0 .0 0 '122.78'60.00' L=8.27' L =51.75 '122.91'60.00' L =6 0 .01 '121.25'60.00' L =6 0.0 0 '120.03'60.00' L=29.54' L =3 0 .4 9 '120.59'60.00' L =6 0.0 0 '122.49'60.00' L =6 0 .0 2'123.04'60.00' L =5 4 .7 2 ' L=5.30'121.76'60.00' L =6 0 .0 0 'S00° 10' 30"E 120.15'60.00'120.31'L =4 2 .1 5 '95.31'N89° 49' 30"E 120.00' 21.54' L=12 0 .68'70.00'70.00'S89° 49' 30"W 120.00'75.56'L =1 0 4 .4 0 ' L=15.67'78.05'60.00' L =4 7 .5 3 ' L=12.50'120.56'60.00' L =6 0 .0 0 'N00° 10' 30"W 122.63'60.00' L=6 0 .0 2 '122.99'60.00' L =6 0 .0 2 '121.53'60.00' L =6 0 .0 0 '120.09'60.00' L=21.98' L =3 8 .0 5 '120.42'60.00' L =6 0.01 '122.30'60.00' L =6 0.01'123.07'60.00' L =4 7.17 ' L=12.86'122.02'60.00' L =6 0 .0 0 '120.26'60.00' L=8.41' L =5 1 .6 1'120.19'60.00' L =6 0 .0 1 '121.87'60.00' L=6 0 .01 '123.05'60.00' L =6 0.0 5'122.42'45.86'120.55'L=8 7.9 9'N00° 10' 30"W 119.95'70.00'118.01' 70.00'61.00'N89° 49' 30"E 118.09' 61.00'61.00'118.17' 61.00'61.00'118.24' 61.00'61.00'118.31' 61.00'61.00'118.38' 61.00' 26.64' 17.70'L=140.87'L=100.64'N89° 49' 30"E 118.46' 233.53' 18.48'259.25'60.19'L=42.41' 252.10'60.01'L=15.01' L=58.21' N89° 16' 12"W 210.47'60.01'L=69.05'N89° 16' 12"W 176.24' 17.86'47.36'5.00' L=56.84' S89° 49' 30"W 154.88'62.09'60.00'138.91'62.09'60.00'122.94' 11.45'48.93'120.00'60.00'60.00'120.00'60.00'60.00'60.00'S89° 49' 30"W 120.00'70.00'120.00'70.00'N18° 45' 20"E 637.69' 21.05' 21.14' Ex.OHEEx.GASEx.GASEx.GASEx.GASEx.GASEx.GASEx.GASEx. WLEx. WLEx. WLEx. WLEx. WLEx. WLEx. WLEx. WLEx. WLEx. WLEx. WLEx. WLEx. WLEx. WLEx. WLEx. WLEx. WLPOSSIBLE LOCATION OF WATER LINE POSSIBLE LOCATION OF 15' WATER LINE EASEMENT VOLUME 1057, PAGE 11 D.R.C.C.T. 65' EASEMENT TO COLLIN COUNTY VOLUME 5357, PAGE 3284 D.R.C.C.T. LOT 16 HOA TRACT 7 60.00' 32.95' 32.81' 60.00'N00° 10' 30"W 120.00'5' WALL MAINTENANCE EASEMENT 5' WALL MAINTENANCE EASEMENT 5' WALL MAINTENANCE EASEMENT 20' B.L.20' B.L. 20' B.L.20' B.L. 20' B.L.20' B.L. 20' B.L.20' B.L.20' B.L.10' B.L.10' B.L.10' B.L.10' B.L.20' B.L.20' B.L.20' B.L.20' B.L.20' B.L. 10' B.L.10' B.L.10' B.L.DRAINAGE & UTILITY EASEMENT L =4 3.85 ' 21.76'290.00'142.98' L=37.50' DRAINAGE & UTILITY EASEMENT WATER EASEMENT GAS LINE EASEMENT GAS LINE EASEMENT GAS LINE EASEMENT OPEN SPACE CAIN DRIVE50' RIGHT-OF-WAYVAIL BOULEVARD50' RIGHT-OF-WAYPENN STREET 50' RIGHT-OF-WAYCROSSE DRIVE50' RIGHT-OF-WAYTATE LANE 50' RIGHT-OF-WAY RILEY DRIVE50' RIGHT-OF-WAYTATE LANE50' RIGHT-OF-WAYPENN STREET 50' RIGHT-OF-WAY BLOCK 2BLOCK 2BLOCK 3 BLOCK 3 BLOCK 3 BLOCK 3 BLOCK 4 BLOCK 4 BLOCK 4 BLOCK 1 BLOCK 5 BLOCK 5 BLOCK 5 IRF IRF FOUND 1/2" CAPPED IRON ROD STAMPED "CORWIN" PLACE OF BEGINNING IRF TEMPORARY GRADE TO DRAIN EASEMENT INSTRUMENT NUMBER 20150514000562250 O.P.R.C.C.T. SANITARY SEWER EASEMENT INSTRUMENT NUMBER 20150619000737770 O.P.R.C.C.T. 50 . 0 0 '50.00 '25'25'25'25'25'25'25'25'25'25'25'25' 25'25' 25'25' 15' UTILITY EASEMENT 20' DRAINAGE EASEMENT (BY SEPARATE INSTRUMENT)20' DRAINAGE EASEMENT (BY SEPARATE INSTRUMENT) PLAT LIMITS PLAT LIMITS REMAINDER OF 40 PGE, LTD. VOLUME 5387, PAGE 468 O.P.R.C.C.T. BLOCK 6 10.882 ACRES OR 474,026 SQUARE FEET REMAINDER OF ANNA TOWN CENTER NO.8/CTS, LTD. INSTRUMENT NUMBER 20141203001315490 O.P.R.C.C.T.DEED LINEEx.GASAPPROXIMATE LOCATION OF LONE STAR GAS EASEMENT VOLUME 280, PAGE 244 D.R.C.C.T. (BLANKET IN NATURE) APPROXIMATELY 40' - 50' WIDE RIGHT-OF-WAY BY USE AND OCCUPATION (NO DOCUMENT FOUND) 40' 50' 45'L9S89° 26' 26"E 1351.10'N00° 11' 26"W 197.69'S89° 16' 12"E 335.89'S00° 06' 25"E 1313.74'N89° 11' 34"W 2063.93'N18° 45' 20"E 1166.38'SET MAG NAIL SET MAG NAIL58.30'58.30'L=107.19'L=126.67'L=111.95'L=132.31'166.86'166.85'L11S89° 11' 34"E 1019.69' S89° 11' 34"E 607.30' L 1 0486.37'495.20'N89° 49' 30"E 840.03'N89° 49' 30"E 1002.81' LOT 1LOT 1 BLOCK 7 10.201 ACRES OR 444,372 SQUARE FEET REMAINDER OF 40 PGE, LTD. VOLUME 5387, PAGE 468 O.P.R.C.C.T. 40' RIGHT-OF-WAY DEDICATION 40' RIGHT-OF-WAY DEDICATION EAST FOSTER CROSSING ROAD EAST FOSTER CROSSING ROADS20° 08' 10"W 496.16'N20° 08' 10"E 495.19'267.37' 253.31' 52.99' S89° 11' 34"E 333.35'40.01'42.05'TEMPORARY ACCESS EASEMENTINSTRUMENT NUMBER 20190114000042400O.P.R.C.C.T.IRF IRF VICINITY MAP NOT TO SCALE ANNA, TEXAS SITE SHARPFINLEY EAST FOSTER CROSSINGCOUNTY ROAD 423POWELL PARKWAYHIGHLAND ROADLEONARD AVENUECOUNTY ROAD 421COUNTY ROAD 422B A N N I S T E R E N G I N E E R I N G 240 North Mitchell Road Mansfield, TX 76063 817.842.2094 817.842.2095 fax TBPLS REGISTRATION NO. 10193823 ENGINEER / SURVEYOR: BANNISTER ENGINEERING, LLC 240 NORTH MITCHELL ROAD MANSFIELD, TEXAS 76063 CONTACT: MICHAEL DAVIS, RPLS PHONE: 817-842-2094 Mike@bannistereng.com DEVELOPER: SKORBURG COMPANY 8214 WESTCHESTER DRIVE, SUITE 710 DALLAS, TEXAS 75225 PHONE: 214-522-4945 CONTACT: JOHN ARNOLD LOT EASEMENT & BUILDING LINE DETAIL NOT TO SCALE STREET STREETLOT LOT 25' X 25' VISIBILITY EASEMENT & SIDEWALK MAINTENANCE EASEMENT STATE OF TEXAS § COUNTY OF COLLIN § I, ____________________, Mayor, City of Anna, Collin County, Texas, do hereby certify that the above plat and dedication was approved by the City of Anna, Texas, for filing in the map or deed records of Collin County, Texas, on the _______ day of ___________________, 2019. __________________________________________ Mayor City of Anna, Texas ATTEST: ______________________________________ City Secretary City of Anna, Texas PRELIMINARY PLAT OF ANNA CROSSING PHASE 1C LOTS 1 thru 6, BLOCK 1, LOTS 1 thru 16, BLOCK 2 LOTS 1 thru 23, BLOCK 3, LOTS 1 thru 24, BLOCK 4 LOTS 1 thru 32, BLOCK 5 and HOA TRACTS 1 thru 7 49.433 acres out of the Granderson Stark Survey, Abstract Number 798 City of Anna, Collin County, Texas 101 Residential Lots, 7 HOA Tracts & 2 Commercial Lots Preparation Date: January 2019 SHEET 1 OF 2 25' X 25' VISIBILITY EASEMENT & SIDEWALK MAINTENANCE EASEMENT OWNER: 40 PGE, LTD. & ANNA TOWN CENTER NO. 8/CTS, LTD. & ANNA CROSSING 40PGE, LTD. 8214 WESTCHESTER DRIVE, SUITE 710 DALLAS, TEXAS 75225 PHONE: 214-522-4945 General Notes: 1. All coordinates and bearings shown herein are Texas State Plane Coordinate System, NAD83 (CORS), Texas North Central Zone (4202). All distances shown herein are surface distances. 2. Notice: Selling a portion of any lot in this addition by metes and bounds is a violation of state law and City Ordinance and is subject to penalties imposed by law. 3. All HOA Tracts are to be owned and maintained by the Home Owners Association. 4. According to surveyor's interpretation of information shown on the National Flood Insurance Program (NFIP) “Flood Insurance Rate Map” (FIRM), Community Panel No. 48085C0160J, dated June 2, 2009. The property appears to lie within Zone “X” and the entire property lies within a “Areas determined to be outside the 0.2% annual chance floodplain” zone as defined by the U.S. Department of Housing and Urban Development, Federal Insurance Administration, or the Federal Emergency Management Agency. 5. The above referenced “FIRM” map is for use in administering the “NFIP”; it does not necessarily show all areas subject to flooding, particularly from local sources of small size, which could be flooded by severe, concentrated rainfall coupled with inadequate local drainage systems. There may be other streams, creeks, low areas, drainage systems or other surface or subsurface conditions existing on or near the subject property which are not studied or addressed as a part of the “NFIP”. 6. See Sheet 2 for Curve Table and Line Table. 7. See Sheet 2 for Lot Area Tables. 20' B.L.20' B.L.10' B.L.10' B.L.COUNTY ROAD 421THAYNE CAINBRO O K Curve Table Curve # C16 C17 C18 C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 C13 C14 C15 Length 120.77' 120.75' 22.35' 122.13' 116.93' 156.82' 431.44' 404.90' 152.34' 156.82' 156.82' 154.93' 160.91' 20.63' 114.05' 168.96' 156.82' 156.82' Radius 150.00' 150.00' 325.00' 300.00' 300.00' 2000.00' 2000.00' 2500.00' 2000.00' 2000.00' 2000.00' 1999.99' 100.00' 300.00' 1000.00' 1999.99' 2000.00' 2000.00' Delta 46°07'51" 46°07'17" 3°56'27" 23°19'32" 22°19'55" 4°29'34" 12°21'35" 9°16'47" 4°21'51" 4°29'34" 4°29'34" 4°26'19" 92°11'32" 3°56'27" 6°32'05" 4°50'25" 4°29'34" 4°29'34" Chord Direction N22° 53' 25"E N22° 53' 42"E N88° 12' 16"W S10° 50' 39"E S11° 20' 27"E S89° 49' 30"W N86° 14' 29"W S87° 39' 11"E N89° 53' 21"E N89° 49' 30"E N89° 49' 30"E N89° 51' 08"E S46° 16' 16"E N88° 12' 16"W N89° 30' 05"W S89° 39' 04"W S89° 49' 30"W S89° 49' 30"W Chord Length 117.53' 117.51' 22.35' 121.29' 116.19' 156.78' 430.60' 404.46' 152.30' 156.78' 156.78' 154.89' 144.10' 20.63' 113.99' 168.91' 156.78' 156.78' Line Table Line # L10 L11 L7 L8 L1 L2 L9 L4 L3 L5 L6 Length 28.28' 28.29' 400.00' 18.09' 226.85' 203.60' 226.85' 154.48' 297.60' 194.61' 454.74' Direction S44° 11' 34"E N45° 48' 26"E N0° 10' 30"W N0° 09' 57"W S0° 49' 07"W S0° 10' 30"E S0° 49' 07"W N0° 33' 34"E N18° 45' 20"E S0° 10' 30"E S89° 49' 30"W Lot Area Table Lot No. 1 2 3 4 5 6 Area: 8264 SF 7206 SF 7210 SF 7215 SF 7219 SF 7224 SF Area: 0.190AC 0.165AC 0.166AC 0.166AC 0.166AC 0.166AC Lot Area Table Lot No. 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Area: 7200 SF 8418 SF 7314 SF 7379 SF 7336 SF 7232 SF 7209 SF 7291 SF 7375 SF 7270 SF 7200 SF 7200 SF 7200 SF 7200 SF 7200 SF 7200 SF Area: 0.165AC 0.193AC 0.168AC 0.169AC 0.168AC 0.166AC 0.165AC 0.167AC 0.169AC 0.167AC 0.165AC 0.165AC 0.165AC 0.165AC 0.165AC 0.165AC Lot Area Table Lot No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Area: 8541 SF 8239 SF 8153 SF 8051 SF 8088 SF 8275 SF 11635 SF 10268 SF 16712 SF 14507 SF 7720 SF 7619 SF 7620 SF 7580 SF 7246 SF 9017 SF 7519 SF 9206 SF 7831 SF 8096 SF 8060 SF 7939 SF 9100 SF Area: 0.196AC 0.189AC 0.187AC 0.185AC 0.186AC 0.190AC 0.267AC 0.236AC 0.384AC 0.333AC 0.177AC 0.175AC 0.175AC 0.174AC 0.166AC 0.207AC 0.173AC 0.211AC 0.180AC 0.186AC 0.185AC 0.182AC 0.209AC Lot Area Table Lot No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Area: 9134 SF 7826 SF 7709 SF 7570 SF 7529 SF 7581 SF 7596 SF 7749 SF 10685 SF 14947 SF 11195 SF 11091 SF 7200 SF 8400 SF 8400 SF 7200 SF 7200 SF 7216 SF 7856 SF 8814 SF 10318 SF 11427 SF 14087 SF 15504 SF Area: 0.210AC 0.180AC 0.177AC 0.174AC 0.173AC 0.174AC 0.174AC 0.178AC 0.245AC 0.343AC 0.257AC 0.255AC 0.165AC 0.193AC 0.193AC 0.165AC 0.165AC 0.166AC 0.180AC 0.202AC 0.237AC 0.262AC 0.323AC 0.356AC Lot Area Table Lot No. 22 23 24 25 26 27 28 29 30 31 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Area: 7380 SF 7333 SF 7229 SF 7210 SF 7292 SF 7375 SF 7353 SF 7249 SF 7205 SF 10347 SF 8400 SF 9107 SF 7302 SF 7378 SF 7345 SF 7240 SF 7206 SF 7278 SF 7370 SF 7362 SF 7261 SF 7205 SF 7254 SF 7357 SF 7373 SF 7280 SF 7882 SF 10271 SF 7276 SF 7207 SF 7225 SF 7318 SF Area: 0.169AC 0.168AC 0.166AC 0.166AC 0.167AC 0.169AC 0.169AC 0.166AC 0.165AC 0.238AC 0.193AC 0.209AC 0.168AC 0.169AC 0.169AC 0.166AC 0.165AC 0.167AC 0.169AC 0.169AC 0.167AC 0.165AC 0.167AC 0.169AC 0.169AC 0.167AC 0.181AC 0.236AC 0.167AC 0.165AC 0.166AC 0.168AC Lot Area Table Lot No. 7 1 2 3 4 5 6 Area: 3945 SF 15521 SF 7176 SF 12673 SF 17648 SF 6940 SF 12764 SF Area: 0.091AC 0.356AC 0.165AC 0.291AC 0.405AC 0.159AC 0.293AC B A N N I S T E R E N G I N E E R I N G 240 North Mitchell Road Mansfield, TX 76063 817.842.2094 817.842.2095 fax TBPLS REGISTRATION NO. 10193823 ENGINEER / SURVEYOR: BANNISTER ENGINEERING, LLC 240 NORTH MITCHELL ROAD MANSFIELD, TEXAS 76063 CONTACT: MICHAEL DAVIS, RPLS PHONE: 817-842-2094 Mike@bannistereng.com DEVELOPER: SKORBURG COMPANY 8214 WESTCHESTER DRIVE, SUITE 710 DALLAS, TEXAS 75225 PHONE: 214-522-4945 CONTACT: JOHN ARNOLD PRELIMINARY PLAT OF ANNA CROSSING PHASE 1C LOTS 1 thru 6, BLOCK 1, LOTS 1 thru 16, BLOCK 2 LOTS 1 thru 23, BLOCK 3, LOTS 1 thru 24, BLOCK 4 LOTS 1 thru 32, BLOCK 5 and HOA TRACTS 1 thru 7 26.543 acres out of the Granderson Stark Survey, Abstract Number 798 City of Anna, Collin County, Texas 101 Lots & 7 HOA Tracts Preparation Date: January 2019 SHEET 2 OF 2 OWNER: 40 PGE, LTD., ANNA TOWN CENTER NO. 8/CTS, LTD. & ANNA CROSSING 40PGE, LTD 8214 WESTCHESTER DRIVE, SUITE 710 DALLAS, TEXAS 75225 PHONE: 214-522-4945 SURVEYOR’S CERTIFICATION: STATE OF TEXAS § COUNTY OF TARRANT § THIS is to certify that I, Michael Dan Davis, Registered Professional Land Surveyor Number 4838 for the State of Texas, have performed, for this plat, an actual survey on the ground, and that this plat correctly represents that survey made by me or under my direction or supervision. ________________________________________ Michael Dan Davis DATE: Registered Professional Land Surveyor No. 4838 BANNISTER ENGINEERING, LLC T.B.P.L.S. REGISTRATION NO. 10193823 240 N. MITCHELL ROAD MANSFIELD, TEXAS 76063 Office (817) 842-2094 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a notary public in and for said County and State, on this day appeared personally Michael Dan Davis, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledge to me that he has executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office this ____________ day of __________________________, 2019. _______________________________________ Notary Public in and for the State of Texas My Commission Expires: ___________________ MICHAEL DAN DAVIS 4838STATEOFTEX A SLAN D SUR V E YORREG I S T E R E DPRO FES S I O N ALPRELI MI N A R Y PRELIMINARY THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED AS A FINAL SURVEY DOCUMENT OWNER'S CERTIFICATION: NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT 40 PGE, Ltd., Anna Town Center No. 8/CTS, Ltd. and Anna Crossing 40PGE, Ltd. acting herein by and through it's duly authorized officers, does hereby adopt this plat designating the hereinabove described property as ANNA CROSSING PHASE 1C, an addition to the City of Anna, Texas, and does hereby dedicate, in fee simple, to the public use forever, the streets and alleys shown thereon. The streets and alleys are dedicated for street purposes. The easements and public use areas, as shown, are dedicated for the public use forever, for the purposes indicated on this plat. In addition, utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public's and City of Anna's use thereof. The City of Anna and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Anna and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time of procuring permission from anyone. This approved subject to all platting ordinances, rules, and regulations of the City of Anna, Texas. WITNESS my hand this the ____ day of ______________________, 2019. 40 PGE, Ltd., Anna Town Center No. 8/CTS, Ltd. and Anna Crossing 40PGE, Ltd. _________________________________________________ Owner: STATE OF TEXAS § COUNTY OF ___________________ § BEFORE ME, the undersigned authority, a notary public in and for said County and State, on this day appeared personally ________________________, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledge to me that he has executed the same for the purpose and consideration therein expressed. Given under my hand and seal of office this ____________ day of _________________________, 2019. ______________________________________ Notary Public in and for the State of Texas My Commission Expires: ___________________ OWNER’S CERTIFICATE: STATE OF TEXAS § COUNTY OF COLLIN § WHEREAS 40 PGE, Ltd. and Anna Town Center No. 8/CTS, Ltd. and Anna Crossing 40PGE, Ltd., acting by and through the undersigned, its duly authorized agent is the owner of 49.433 acres (2,153,287 square feet) of land in the Granderson Stark Survey, Abstract No. 798, City of Anna, Collin County, Texas; said 49.433 acres (2,153,287 square feet) of land being a portion of that certain tract of land described in a Warranty Deed with Vendor's Lien to 40 PGE, Ltd. (hereinafter referred to as 40 PGE tract), as recorded in Volume 5387, Page 468, Official Public Records, Collin County, Texas (O.P.R.C.C.T.) and being a portion of that certain tract of land described in a Special Warranty Deed to Anna Town Center No. 8/CTS, Ltd. (hereinafter referred to as Anna Town Center No. 8 tract), as recorded in Instrument Number 20141203001315490, O.P.R.C.C.T. and being all of that certain tract of land described in a Special Warranty Deed With Vendor's Lien to Anna Crossing 40PGE, Ltd., as recorded in Instrument Number 20190114000044870, O.P.R.C.C.T. and being all of that certain tract of land described in a Special Warranty Deed With Vendor's Lien to Anna Crossing 40PGE, Ltd. (collectively hereinafter referred to as Anna Crossing 40PGE tract), as recorded in Instrument Number 20190114000044860, O.P.R.C.C.T.; said 49.433 acres (2,153,287 square feet) of land being more particularly described, by metes and bounds, as follows: BEGINNING a one-half inch iron rod with plastic cap stamped "CORWIN" found for the Northerly Northwest corner of said Anna Crossing 40PGE tract, same being the Southwesterly corner of that certain tract of land described as Anna Crossing Phase 1B (hereinafter referred to as Anna Crossing Phase 1B), an addition to the City of Anna, Collin County, Texas, according to the plat recorded in Instrument number 2017-570, Plat Records, Collin County, Texas, same being in the East line of that certain tract of land described in a General Warranty Deed to Cecil Burl Cunningham (hereinafter referred to as Cunningham tract), as recorded in Instrument Number 20151123001471250, O.P.R.C.C.T.; THENCE South 89 degrees 16 minutes 12 seconds East, departing the East line of said Cunningham tract and with the common line between said Anna Crossing 40PGE tract, and said Anna Crossing Phase 1B, a distance of 335.89 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the Northeast corner of said Anna Crossing 40PGE tract, same being the Northwest corner of that certain tract of land described in a Contract of Sale and Purchase to Robert W. Price (hereinafter referred to as Price tract), as recorded in Instrument Number 1993-8676, O.P.R.C.C.T.; THENCE South 00 degrees 06 minutes 25 seconds East, departing the South line of said Anna Crossing Phase 1B and with the common line between said Anna Crossing 40PGE tract and said Price tract, pass at a distance of 665.04 feet, the Northwest corner of that certain tract of land described in a Deed of Trust to Robert W. Price and wife, Jessica M. Price (hereinafter referred to as Robert and Jessica Price tract), as recorded in Instrument Number 1997-69675, O.P.R.C.C.T. and continue with said course and the common line between said Anna Crossing 40PGE tract and said Robert and Jessica Price tract, pass at a distance of 764.85 feet, the Westerly Southwest corner of said Robert and Jessica Price tract, same being the Northwest corner of that certain tract land described in a Deed of Trust to Louis C. Miller (hereinafter referred to as Miller tract), as recorded in 19930204000086770, O.P.R.C.C.T., and continue with said course and the common line between said Anna Crossing 40PGE tract and said Miller tract, pass at a distance of 778.53 feet, a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" found for the Southeast corner of said Anna Crossing 40PGE tract, same being the Northeast corner of the remainder of said Anna Town Center No. 8 tract and continue with said course and the common line between said Anna Crossing 40PGE tract and Miller tract for a total distance of 1313.74 feet to a mag nail set for the Southeast corner of said Anna Town Center No. 8 tract, same being the Southwest corner of said Miller tract, same being the North line of that certain tract of land described in a Warranty Deed with Vendor's Lien to Anna Highway 5, LLC (hereinafter referred to as Anna Highway 5 tract) as recorded in Instrument Number 20121228001650300, O.P.R.C.C.T., same also being in East Foster Crossing Road also known as County Road 421; THENCE North 89 degrees 11 minutes 34 seconds West with the common line between said Anna Town Center No. 8 tract and said Anna Highway 5 tract and with said East Foster Crossing Road, pass at a distance of 333.98 feet, the Southwest corner of said Anna Town Center No. 8 tract, same being the Southeast corner of the aforesaid 40 PGE tract and continue with said course and the common line between said 40 PGE tract and said Anna Highway 5 tract and with said East Foster Crossing Road, pass at a distance of 346.13 feet, the Northwest corner of said Anna Highway 5 tract, same being the Northeast corner of that certain tract of land described in a Special Warranty Deed to Anna Economic Development Corporation and Anna Community Development Corporation (hereinafter referred to as Anna EDC tract), as recorded in Instrument Number 20170103000004800, O.P.R.C.C.T. and continue with said course and the common line between said 40 PGE tract and said Anna EDC tract and with said East Foster Crossing Road for a total distance of 2063.93 feet to a mag nail set for the Southwest corner of said 40 PGE tract, same being the existing Easterly right-of-way line of Dallas Area Rapid Transit (DART), as recorded in Volume 5443, Page 5532, O.P.R.C.C.T. and further described in a deed to Houston & Texas Central Railway Company (150' right-of-way), as recorded in Volume V, Page 603, Deed Records, Collin County, Texas; THENCE North 18 degrees 45 minutes 20 seconds East with the common line between the remainder of said 40 PGE tract and the existing Easterly right-of-way line of said Dallas Area Rapid Transit, pass at a distance of 528.41 feet, a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" found for the Northwest corner of the remainder of said 40 PGE tract, same being the Southwest corner of the aforesaid Anna Crossing 40PGE tract and continue with said course and the common line between said Anna Crossing 40PGE tract and the existing Easterly right-of-way line of said Dallas Area Rapid Transit for a total distance of 1166.38 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" found for the Westerly Northwest corner of said Anna Crossing 40PGE tract, same being in the South line of that certain tract of land described in Warranty Deed to Tommy Cunningham, (hereinafter referred to as Tommy Cunningham tract), recorded in Volume 4802, Page 3430, O.P.R.C.C.T.; THENCE South 89 degrees 26 minutes 26 seconds East, departing the existing Easterly right-of-way line of said Dallas Area Rapid Transit, and with the common line between said Anna Crossing 40PGE tract and said Tommy Cunningham tract, passing at a distance of 663.56 feet a one-half inch iron rod found for the Southeast corner of said Tommy Cunningham tract, same being the Southwest corner of said Cunningham tract, continue same course for a total distance of 1351.10 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" found for an inner-ell corner of said Anna Crossing 40PGE tract, same being the Southeast corner of said Cunningham tract; THENCE North 00 degrees 11 minutes 26 seconds West, with the common line between said Anna Crossing 40PGE tract and said Cunningham tract, a distance of 197.69 feet to the PLACE OF BEGINNING, and containing a calculated area of 49.433 acres (2,153,287 square feet) of land. BLOCK 1 BLOCK 2 BLOCK 3 BLOCK 4 BLOCK 5 HOA TRACTS LEONARD AVENUE 418423EAST FOSTER CROSSING ROADEAST FOSTER CROSSING ROAD422C.R. 1036423SHARP STN U E H O F F D R I V E NUEHOFF CIRBROOKLYN DRIVEEVELYN CIRFINLEYTHAYNE DR. ASKEW CIR.WARNER DRIVEMASTON DR. WILSON DR.BURGERT DR.HAVEN DR .SHARP STREET5ELIZABETH STRENDYN ST.CLARK ST CAROLINE ST MAE ST.HILLRICH DR.BROOK DR IVE CAIN DR.BROCK DR.COLLIN COUNTY OUTER LOOPFI N L E Y B O U L E V A R D FLORENCE WAYFI N L E Y B O U L E V A R D LEONARD DRIVE FINLEY BOULEVARDCOWBOY WAYABIG A I L L A N E STARS DRIVEMAVERICK STSTARS DRIVEBURN STREET CODY DRIVEMAVERICK STBRITTANY DRIVEKATELYNN LANEFI N L E Y B O U L E V A R D FLORENCE WAYFI N L E Y B O U L E V A R D LEONARD DRIVE FINLEY BOULEVARDCOWBOY WAYABIG A I L L A N E STARS DRIVESTARS DRIVEBURN STREET CODY DRIVEALLYSSA STREETADRIANA DRIVETIANA STCARINNA DRSHARP STCAROLINE STSITE Item No. 5.f. City Council Agenda Staff Report Meeting Date: 2/12/2019 AG E ND A IT E M : A pprove a Resolution approving the site and landscape plan for Texoma Fed located on the Northeast corner of Highway 75 and Hackberry Dr. (Maurice S chwanke) S UM M ARY: Kent Hedges, the owner of the property, has submitted a site and landscape plan f or Texoma F ed located on the Northeast corner of Highway 75 and Hackberry Dr. Also known as L ot 8, B lock A, on the A nna Town C enter A ddition F inal P lat. T he site contains approximately 14.895 acres of land that are zoned P D f or commercial uses. P lanned for the site is the Texoma Fed medical office building with an imaging center. S TAF F RE C O M M E ND AT I O N: Approval of a Resolution approving the Texoma F ed site and landscape plan. AT TAC HM E NT S : Description Upload Date Type Resolution 2/5/2019 Resolution Site P lan 1/30/2019 Exhibit L andscape Plan 1/28/2019 Exhibit L ocation Map 1/16/2019 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SITE PLAN AND LANDSCAPE PLAN OF TEXOMA FED. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Part III-C of the Anna City Code of Ordinances (“Zoning Ordinance”); and WHEREAS, Kent Hedges has submitted an application for approval of a site plan and landscape plan of Texoma Fed; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Site and Landscape Plan The City Council hereby approves the site and landscape plan of Texoma Fed attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 12th day of February, 2019. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L Smith Mayor, Nate Pike This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECTLAST SAVED1/23/2019 4:54 PMPLOTTED BYHolmes, Taylor 1/29/2019 2:10 PMDWG PATHK:\DAL_Civil\064465504-AnnaTC-Phase 2\CAD\Plan Sheets\UHS SHEETSDWG NAMEC-Site.dwg , [ SP-1 ] TEXOMA FEDPREPARED FORGA STUDIO‹ 2018 KIMLEY-HORN AND ASSOCIATES, INC.PHONE: 972-770-1300 FAX: 972-239-3820WWW.KIMLEY-HORN.COM TX F-928IMAGESXREFS xBase-064531100 : xRoads-064465505 : xSSWR-064465505 : xStrm-06446505 : xWater-064465505 : xBdry-064465505 : xWaterTower : x2436-KH-064531100 : xTXDOT-Roads : xWater-064531100 : xDims-064531100 : xSSWR-064531100 : xExUtil-064465505 : xBdry-064531100 : xStrm-064531100CITY OF ANNA, TXJANUARY 201906453110013455 NOEL RD. TWO GALLERIA OFFICE TOWERSUITE 700 DALLAS, TX 752400 GRAPHIC SCALE IN FEET SCALE @ 24"x36" 1530 30 30 AS SHOWNSITE PLANJAFMTHMALSP-1 THE SITE PLAN IS FOR CITY REVIEW ONLY TO ILLUSTRATE COMPLIANCE WITH ZONING AND DEVELOPMENT REGULATIONS. IT IS NOT INTENDED FOR CONSTRUCTION PURPOSES. SITE DATA SUMMARY TABLE LAND USE GENERAL COMMERCIAL ZONING (PD) ORD. 648-2014 LOT AREA GROSS 648,821 S.F. LOT COVERAGE (Bldg Footprint Area / Lot Area)“ BUILDING FOOTPRINT “6) TOTAL IMPERVIOUS AREA “6) PARKING SPACES REQUIRED 70 SPACES PARKING SPACES PROVIDED (REG., 9'x20')67 SPACES HC PARKING SPACES PROVIDED 4 SPACES TOTAL PARKING SPACES PROVIDED 71 SPACES SITE PLAN TEXOMA FED BLOCK A, LOT 8 F.T. DAFFAU SURVEY, A-288 THOMAS RATTON SURVEY, A-782, CITY OF ANNA, COLLIN COUNTY, TEXAS ENGINEER/SURVEYOR: KIMLEY-HORN AND ASSOCIATES, INC 13455 NOEL ROAD, TWO GALLERIA OFFICE TOWER, SUITE 700 DALLAS, TEXAS 75240 PHONE: 972-770-1300 CONTACT: JOE FRACCARO, P.E. OWNER: UHS OF TEXOMA, INC. C/0 UHS OF DELAWARE, INC. 367 SOUTH GULPH ROAD KING OF PRUSSIA, PA 19406 PHONE: 521-971-6269 CONTACT: KENT HEDGES PROPERTY LINE EXISTING CONTOURS PROPOSED CONTOURS730 LEGEND 730 PROPOSED BACKFLOW PREVENTOR PROPOSED WATER VALVE PROPOSED FIRE HYDRANT PROPOSED TEE PROPOSED CURB INLET PROPOSED WATER METER NORTH PROPOSED GRATE INLET KEY MAP THROCKMORTON BLVD SITE FIRE LANE EX. 18" STRMWWWWWWWWWWWWWWWWWWWWWWWWWWWFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FLFLFLFLFLSTOPN82°23'04" W 100.47'∆=44°10'38"R=325.00'L=250.59'CB=N75°31'37"EC=244.43'∆=37°12'43"R=405.00'L=263.04'CB=S72°02'39"WC=258.44'N7°36'48"E1262.58'US 75 NORTHBOUNDFRONTAGE ROADHACKBERRY DRIVE (80' RIGHT-OF-WAY) FED AT ANNA APPROX 14,000 SF FFE = 733.0' OUTPATIENT IMAGING FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLF L VANONLY\\\\\\\\\\\\\\Bermuda GrassSeed AreaBermuda GrassBermuda GrassNellie Stevens Holly\\\\L.O.W.L.O.W.L.O.W.PROPERTY LINEL.O.W.L.O.W.L.O.W.L.O.W.L.O.W.PROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINELive OakLive Oak\\\\\\\\\\\\\\\\\\\\\\Indian HawthornCedar ElmBermuda GrassCedar ElmBermuda GrassDecomposed GraniteTREESCOMMON NAME / BOTANICAL NAMECONT.SIZESPACINGREMARKSCedar Elm / Ulmus crassifolia3" cal. min.14`-16`CONTAINER, NURSERY GROWN, MATCHED,FULL, WELL-BRANCHED, STRONG CENTRALLEADER, 7` CLEAR AT SIDEWALKS, 14`CLEAR AT FIRELANELive Oak / Quercus virginana3" cal. min.14`-16`CONTAINER, NURSERY GROWN, MATCHED,FULL, WELL-BRANCHED, STRONG CENTRALLEADER, 7` CLEAR AT SIDEWALKS, 14`CLEAR AT FIRELANESHRUBSCOMMON NAME / BOTANICAL NAMECONT.SIZESPACINGREMARKSIndian Hawthorn / Rhaphiolepis indica3 gal24" ht. min.24" OCNellie Stevens Holly / Ilex x `Nellie R Stevens`15 gal36" ht. min.48" OCCONTAINER, NURSERY GROWN, MATCHEDAND WELL ROOTEDGROUND COVERSCOMMON NAME / BOTANICAL NAMECONT.SIZEREMARKSDecomposed GraniteROCKSeed AreaseedREF. ERROSION CONTROL PLANSBermuda Grass / Cynodon dactylonsodPLANT SCHEDULEThis document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc. BY DATE AS SHOWN REVISIONSNo.DATESHEET NUMBERCHECKED BY SCALE DESIGNED BY DRAWN BY KHA PROJECT LAST SAVED 1/23/2019 1:43 PMPLOTTED BY McKee, Emily 1/23/2019 1:44 PMDWG PATH K:\MKN_LALP\_projects\064531100 - uhs texoma\CAD\SheetsDWG NAME L1.01 Code Compliance Plan.dwg , [ L1.01 LANDSCAPE PLAN ] TEXOMA FED PREPARED FOR GA STUDIO © 2018 KIMLEY-HORN AND ASSOCIATES, INC. PHONE: 972-770-1300 FAX: 972-239-3820 WWW.KIMLEY-HORN.COM TX F-928 IMAGESXREFS xWaterTower : xBdry-064465505 : xExUtil-064465505 : xSSWR-064465505 : xStrm-06446505 : xTXDOT-Roads : xWater-064465505 : xWater-064531100 : xPlant : Tree Planting Details : Shrub Planting Details : Steel edge @ landscape : Decomposed granite : x_seal-Andy-TX : xBase-064531100 CITY OF ANNA, TEXAS JANUARY 2019 064531100 13455 NOEL RD. TWO GALLERIA OFFICE TOWER SUITE 700 DALLAS, TX 75240 AJB EJM KWS FOR REVIEW ONLYNot for construction or permit purposesP.L.A.L.A. No.DateAndy Budke307501/24/2019LANDSCAPE PLANL1.01Landscape PlanAScale: 1" = 30"NORTH0'30'60'Scale: 1" = 30'-0"GENERAL NOTES:1.WRITTEN DIMENSIONS PREVAIL OVER SCALED DIMENSIONS. NOTIFY LANDSCAPE ARCHITECT OF ANY DISCREPANCIES.2.THE CONTRACTOR BEARS ALL RESPONSIBILITY FOR VERIFYING ALL UNDERGROUND UTILITIES, PIPES, STRUCTURES, AND LINE RUNS IN THE FIELDPRIOR TO CONSTRUCTION. ANY DAMAGE TO UTILITIES THAT ARE TO REMAIN SHALL BE REPAIRED IMMEDIATELY AT NO EXPENSE TO THE OWNER.LANDSCAPE ARCHITECT ASSUMES NO RESPONSIBILITY FOR ANY NOT SHOWN ON PLANS.3.ALL PROPOSED AND FINISHED GRADES ARE BASED ON INFORMATION PROVIDED BY THE OWNER'S SURVEY AND/OR CIVIL ENGINEER. ANYDISCREPANCIES IN ACTUAL FIELD MEASUREMENTS ARE TO BE REPORTED TO THE LANDSCAPE ARCHITECT IMMEDIATELY.4.PRIOR TO COMMENCEMENT OF HARDSCAPE CONSTRUCTION, ALL PIERS, FOOTINGS, AND WALLS ARE TO BE SURVEYED, LAID OUT, AND STAKED INFIELD FOR REVIEW BY LANDSCAPE ARCHITECT. CONTRACTOR SHALL ASSUME RESPONSIBILITY FOR ANY DEMOLITION, ADJUSTMENTS, ORRECONSTRUCTION RESULTING FROM UNAUTHORIZED CONSTRUCTION ACTIVITIES.5.CONTRACTOR IS RESPONSIBLE FOR ALL QUANTITIES PER DRAWINGS AND SPECIFICATIONS. ANY QUANTITIES PROVIDED BY LANDSCAPE ARCHITECTARE PROVIDED FOR CONVENIENCE ONLY. CONTRACTORS ARE TO BID THEIR OWN VERIFIED QUANTITIES. NOTIFY LANDSCAPE ARCHITECT OF ANYDISCREPANCIES.6.EASEMENTS SETBACKS, BUILDING, CURB AND GUTTER, UNDERGROUND UTILITIES HAVE BEEN SUPPLIED TO LANDSCAPE ARCHITECT BY THE PROJECTCIVIL ENGINEER. REFER TO CIVIL ENGINEERS DRAWINGS FOR ADDITIONAL INFORMATION.IRRIGATION NOTES:1.AN AUTOMATIC IRRIGATION SYSTEM SHALL BE PROVIDED FOR ALL PLANTING AREAS. OVER SPRAY ON STREETS AND WALKS IS PROHIBITED.2.IRRIGATION SYSTEMS SHALL BE MAINTAINED AND REPLACED AS NECESSARY.3.ALL PERMANENT PLANTING AREAS TO BE FULLY IRRIGATED.4.ALL SEEDED AREAS TO BE IRRIGATED WITH ABOVE GROUND SYSTEM UNTIL ESTABLISHED.5.IRRIGATION SYSTEM TO HAVE A FULLY AUTOMATED CONTROL SYSTEM.6.ANY EXISTING PLANTING DAMAGED DURING CONSTRUCTION IS TO BE REPLACED AT NO COST THE OWNER.7.IF THE EXISTING IRRIGATION SYSTEM IS DAMAGED OR TURNED OFF DURING CONSTRUCTION ACTIVITIES, IT WILL BE THE RESPONSIBILITY OF THECONTRACTOR TO HAND WATER ALL PLANT MATERIAL AS NEEDED.PLANTING NOTES:1.LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFYING THE LOCATION OF ALL UNDERGROUND UTILITIES, PIPES, STRUCTURES, AND LINERUNS IN THE FIELD PRIOR TO THE INSTALLATION OF ANY PLANT MATERIAL.2.IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO ADVISE THE LANDSCAPE ARCHITECT OF ANY CONDITION FOUND ON THE SITE WHICH PROHIBITSINSTALLATION AS SHOWN ON THESE DRAWINGS.3.ALL PLANT MATERIAL SHALL BE MAINTAINED IN A HEALTHY AND GROWING CONDITION AND MUST BE REPLACED WITH PLANT MATERIAL OF SAMEVARIETY AND SIZE IF DAMAGED, DESTROYED, OR REMOVED.4.LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR FINE GRADING AND REMOVAL OF DEBRIS PRIOR TO PLANTING IN ALL AREAS.5.FINAL FINISH GRADING SHALL BE REVIEWED BY THE LANDSCAPE ARCHITECT. LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR ANYADDITIONAL TOPSOIL REQUIRED TO CREATE A SMOOTH CONDITION PRIOR TO PLANTING.6.ALL PLANT QUANTITIES LISTED ARE FOR INFORMATION ONLY. IT IS THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE FULL COVERAGE IN ALLPLANTING AREAS AS SPECIFIED IN THE PLANT SCHEDULE AND VERIFY ALL QUANTITIES.7.LANDSCAPE CONTRACTOR TO PROVIDE STEEL EDGING AS SPECIFIED BETWEEN ALL PLANTING BEDS AND LAWN AREAS.8.ALL PLANT MATERIAL SHALL CONFORM TO THE SPECIFICATIONS AND SIZES GIVEN IN THE PLANT LIST AND SHALL BE NURSERY GROWN INACCORDANCE WITH THE AMERICAN STANDARD FOR NURSERY STOCK. LATEST EDITION AMERICAN ASSOCIATION OF NURSERYMEN STANDARDS. ANYPLANT SUBSTITUTION SHALL BE APPROVED BY LANDSCAPE ARCHITECT PRIOR TO PURCHASE.9.LANDSCAPE CONTRACTOR IS RESPONSIBLE FOR ANY COORDINATION WITH OTHER CONTRACTORS ON SITE AS REQUIRED TO ACCOMPLISH ALLPLANTING OPERATIONS.10.ALL NEW PLANTING AREAS TO BE AMENDED PER SPECIFICATIONS.11.ANY PLANT MATERIAL THAT DOES NOT SURVIVE SHALL BE REPLACED WITH AN EQUIVALENT SIZE AND SPECIES WITHIN THIRTY (30) DAYS.12.PLANT MATERIAL SHALL BE PRUNED AS NECESSARY TO CONTROL SIZE BUT NOT TO DISRUPT THE NATURAL GROWTH PATTERN OR CHARACTERISTICFORM OF THE PLANT EXCEPT AS NECESSARY TO ACHIEVE HEIGHT CLEARANCE FOR VISIBILITY AND PEDESTRIAN PASSAGE OR TO ACHIEVE ACONTINUOUS OPAQUE HEDGE IF REQUIRED.13.LANDSCAPED AREAS SHALL BE KEPT FREE OF TRASH, WEEDS, DEBRIS, AND DEAD PLANT MATERIAL.14.ALL LIME STABILIZED SOIL & INORGANIC SELECT FILL FOR BUILDING SHOULD BE REMOVED FROM PLANTING AREAS TO A DEPTH OF 24" & REPLACEDWITH ORGANIC IMPORTED TOPSOIL FILL.15.ALL DISTURBED AREAS TO BE FINE GRADED AND SEEDEDLANDSCAPE REGULATIONSMINIMUM LANDSCAPING REQUIREMENTS15% OF THE STREET YARD SHALL BE PERMANENT LANDSCAPE AREA.HACKBERRY ROAD AREA=2,342US 75 NORTHBOUND FRONTAGE ROAD AREA=34,156A MINIMUM OF 10% OF THE ENTIRE SITE SHALL BE DEVOTED TOLIVING LANDSCAPE.215,329 SF X 10% = 21,533 SF REQUIRED LANDSCAPE AREAONE LARGE TREE PER 40 LINEAR FEET OF STREET FRONTAGE.HACKBERRY ROAD = 256 LF / 40 =US 75 NORTHBOUND FRONTAGE ROAD =INTERNAL LANDSCAPE AREAS SHALL EQUAL A TOTAL OF 8 S.F. PERPARKING SPACE.THERE SHOULD BE ONE TREE WITHIN 65 FEET OF EVERY PARKINGSPACE.A LANDSCAPE ISLAND SHALL BE LOCATED AT THE TERMINUS OFEACH PARKING ROW.A MINIMUM OF 50% OF THE TOTAL TREES REQUIRED FOR THEPROPERTY SHALL BE LARGE CANOPY TREES.36 TREES X 50% = 18 REQUIRED LARGE TREESEVERGREEN SHRUBS SHALL BE PROVIDED AROUND DUMPSTERSCREENING WALL.600 SF. OF PERMANENT CORNER LANDSCAPINGREQUIRED352 SF5,124 SF21,533 SF7 TREES20 TREES560 SFYESYES18 TREESYESYESPROVIDED768 SF34,156 SF94,456 SF7 TREES20 TREES19,570 SFYESYES36 TREESYESYES 6"3 X ROOTBALL WIDTH4" MULCH LAYER. PLACE NO MORE THAN 1" OF MULCH ONTOP OF ROOTBALL (REF. PLANTING SPECIFICATIONS FORMULCH TYPE)4" HIGH x 8" WIDE BERM SHALL BE CONSTRUCTED AROUNDTHE ROOT BALL. BERM SHALL BEGIN AT ROOT BALLPERIPHERY, FIRMLY COMPACTED.6" DIA. CLEAR OF MULCH AT ROOT FLARE. IFREQUIRED, REMOVE EXCESS SOIL ON TOP OFROOTBALL (MAX 2") AND EXPOSE TREE ROOT FLARE.ORIGINAL GRADESCARIFY BOTTOM AND LOOSEN SIDES OF PLANTING PITNATIVE LOOSENED PLANTING SOIL BACKFILL. DIG AND TURNTHE SOIL TO REDUCE COMPACTION TO THE AREA ANDDEPTH SHOWN. LIGHTLY TAMP SOIL AROUND ROOTBALL IN6" LIFTS TO BRACE TREE. DO NOT OVER COMPACT. IN THETOP 1/3 DEPTH OF BACK FILL, MIX 1/2" LAYER OF COMPOSTINTO EACH 6" LIFT OF BACKFILL. WHEN THE PLANTING HOLEHAS BEEN BACKFILLED, POUR WATER AROUND ROOTBALLTO SETTLE THE SOIL. ADD ADDITIONAL SOIL AS NEEDED TOMEET REQUIRED FINISH GRADE.TRUNK/ROOTBALL TO BE CENTERED ANDPLUMB/LEVEL IN PLANTING PITUNDISTURBED NATIVE SOILMINIMUMSECTIONFINISHED GRADE4"NOTES:1.REF. PLANTING SPECIFICATIONS FORADDITIONAL INFORMATION.2.SEE ROOTBALL PREPARATION DETAILS FORADDITIONAL INFORMATION.3.SEE TREE PRUNING DETAILS FOR ADDITIONALINFORMATION.4.REF. TREE STAKING DETAIL THIS SHEET.5.PERFORM PERCOLATION TEST PER PLANTINGSPECIFICATIONS. IF SUBSURFACE DRAINAGEPROBLEMS ARE ENCOUNTERED, NOTIFYPROJECT LANDSCAPE ARCHITECT.8' DIA. MULCH RING (MIN.) FOR INDIVIDUALTREES NOT IN LANDSCAPE BEDSTYPICAL TREE PLANTING (UP TO 3" CALIPER)AScale: NTS6"8"SET ROOTBALL ON UNDISTURBED STABLESUBSOIL SO THAT TOP OF ROOTBALL IS2-3" ABOVE FINISHED GRADE.STABILIZE/PLUMB TREE BY TAMPING SOILFIRMLY AROUND THE LOWER 1/4 OF THEROOTBALL.·FOR CONTAINER STOCK: REMOVEENTIRE CONTAINER.·FOR B&B STOCK: COMPLETELYREMOVE TOP 1/2 OF THE ENTIREWIRE BASKET. COMPLETELYREMOVE ALL BURLAP/SYNTHETICFABRICS AND STRAPPING.DOUBLE STAKE PLAN1-1/2" UP TO 3" CALIPERTREE TRUNKNON-ABRASIVE TREE TIESLOOPED IN A FIGURE 8AROUND TREE TRUNK ANDSTAKETREE STAKEEACH TREE TIE SHALL BENAILED TO STAKE USINGGALVANIZED NAILSNOTES:1.THIS DETAIL IS FOR ABOVE GRADE TREESTAKING ONLY. REF. DETAIL A THIS SHEETFOR TYPICAL TREE PLANTING.2.REFERENCE PLANTING SPECIFICATIONS FORADDITIONAL INFORMATION.3.LOCATE ALL STAKES OUTSIDE OFROOTBALL. DO NOT DRIVE STAKES INTOROOTBALL.4.STAKE MUST BE DRIVEN MIN. 24" INTO SOIL.5.ALL MULTI-TRUNK TREES SHALL BE TRIPLESTAKED.TREE TRUNKNON-ABRASIVE TREE TIESLOOPED AROUND TREETRUNK AND STAKETREE STAKEEACH TREE TIE SHALL BENAILED TO STAKE USINGGALVANIZED NAILSPREVAILINGWINDSINGLE STAKE PLANLESS THAN 1-1/2" CALIPERPREVAILING WINDPREVAILING WINDTREE CANOPYTREE CANOPYMULCH LAYERSOIL BERMORIGINAL GRADEPLANTING SOIL BACKFILLTRUNK/ROOTBALL TO BE CENTERED ANDPLUMB/LEVEL IN PLANTING PITUNDISTURBED NATIVE SOILSECTIONTREE STAKES. STAKE LOCATION SHALL NOTINTERFERE WITH BRANCHES.6"FINISHED GRADESINGLE STAKE: 7'-0" MIN. DOUBLE STAKE: 6'-0" MIN. TRIPLE STAKE: 6'-0" MIN.ROOT BALLROOT BALLTRIPLE STAKE PLAN3" CALIPER AND GREATER2 NON-ABRASIVE TREE TIES. TREE TIES SHALL BE6" ABOVE BENDING MOMENT OF TREE. TIESSHOULD PROVIDE FLEXIBILITY OF TRUNK BUT NOTALLOW RUBBING OF TRUNK AGAINST STAKE.TYPICAL TREE STAKINGCScale: NTS2-3" MULCH LAYER (REF.PLANTING SPECIFICATIONS)4" HIGH x 8" WIDE BERM SHALL BECONSTRUCTED AROUND EDGE OF BED,FIRMLY COMPACTED (ALONGADJACENT TURF AREAS IF NOEDGING/PAVEMENT SHOWN ON PLANS)FINISHED GRADEUNDISTURBED NATIVE SOILMODIFIED SOIL (ENTIRE BED). DEPTH VARIES ( REF. PLANTINGAND PLANTING SOIL PLANS AND PLANTING SPECIFICATIONS).LIGHTLY TAMP SOIL AROUND ROOTBALL IN 6" LIFTS TOBRACE PLANT. DO NOT OVER COMPACT. WHEN PLANTINGHOLE HAS BEEN BACKFILLED, POUR WATER AROUNDROOTBALL TO SETTLE THE SOIL. ADD ADDITIONAL SOIL ASREQUIRED TO MEET REQUIRED FINISH GRADESECTIONSCARIFY BOTTOM AND SIDES OF PLANTING PITPLANNOTES:1.REF. PLANTING SPECIFICATIONS FORADDITIONAL INFORMATION.2.REF. PLANT SCHEDULE AND PLANTINGPLANS FOR SPACING/LAYOUT.FRONT OF BED4"EQ.EQ.GROUNDCOVER PLANTS TO BE TRIANGULARLY SPACEDUNLESS SHOWN DIFFERENTLY ON PLANTING PLANS.GROUNDCOVER PLANTTYPICAL GROUNDCOVER PLANTINGGScale: NTSBEST FACE OF PLANT TO FACE FRONT OF PLANTING BED3 XROOTBALL WIDTH2-3" MULCH LAYER (REF. PLANTING SPECIFICATIONS)4" HIGH x 8" WIDE BERM SHALL BE CONSTRUCTEDAROUND THE ROOT BALL. BERM SHALL BEGIN ATROOT BALL PERIPHERY, FIRMLY COMPACTED.FINISHED GRADE.UNDISTURBED NATIVE SOILSCARIFY BOTTOM AND SIDES OF PLANTING PITSET ROOTBALL ON UNDISTURBED STABLE SUBSOILLOOSENED SOIL. DIG AND TURN THE SOIL TO REDUCE THECOMPACTION TO THE AREA AND DEPTH SHOWN. LIGHTLYTAMP SOIL AROUND ROOTBALL IN 6" LIFTS TO BRACESHRUB. DO NOT OVER COMPACT. WHEN PLANTING HOLEHAS BEEN BACKFILLED, POUR WATER AROUND ROOTBALLTO SETTLE THE SOIL. ADD ADDITIONAL SOIL AS NEEDEDTO MEET REQUIRED FINISH GRADE.PLANT ROOTBALL TO BE INSTALLED CENTEREDAND PLUMB/LEVEL IN PLANTING PITNOTES:1.REF. PLANTING SPECIFICATIONS FOR ADDITIONAL INFORMATION.2.WHEN SHRUBS MASSED TOGETHER WITH GROUNDCOVER BEDS, ALL SOIL IN BED TO BE AMENDED. (REF.PLANTING SPECIFICATIONS)3.WHEN SHRUBS ARE USED IN MASSES, PRUNE ALL SHRUBS TO ACHIEVE UNIFORM MASS/HEIGHT.4.REF. TO PLANT SCHEDULE AND PLANTING PLANS FOR SPACING/LAYOUT.SECTIONBEST FACE OF SHRUB TO FACEFRONT OF PLANTING BEDPLAN4"FRONT OF BEDEQ.EQ.SHRUBS TO BE TRIANGULARLY SPACED UNLESSSHOWN DIFFERENTLY ON PLANTING PLANS.SHRUBTYPICAL SHRUB PLANTINGEScale: NTSLEAVE 6" OF TOP OF ROOTBALL EXPOSEDAROUND BASE OF STEMS.MIN. 1/2 MATURESHRUB WIDTH2'-0"MIN. CLEARSHRUB PLANTING, REF.DETAIL B THIS SHEETBUILDINGSLOPE AWAYPER GRADINGPLANSHRUB PLANTING AT BUILDING FACEHScale: NTSCLMIN. 1/2 MATURESHRUB WIDTHBACK OF CURBSHRUB PLANTING,REF. DETAIL B THISSHEETSIDEWALK ZONEREF. PLANSSHRUB PLANTING AT SIDEWALKIScale: NTSCL18-24"LANDSCAPE BED/MULCH (TYP.)MIN. 1/2 MATURESHRUB WIDTHBACK OF CURBSHRUB PLANTING,REF. DETAIL B THISSHEETSHRUB PLANTING,REF. DETAIL B THISSHEETHARDSCAPE CONDITION(PER PLANS)BACK OF CURBHARDSCAPE CONDITION(PER PLANS)18-24"LANDSCAPE BED/MULCH (TYP.)MIN. 1/2 MATURESHRUB WIDTHSHRUB PLANTING AT CURBJScale: NTSCLCLAeccDbSurfaceTin1"HScale: 1 1/2" = 1'-0"METAL EDGING (AT TURF & LANDSCAPE BED)MULCH LAYER REF. PLANTINGPLANS AND SPECIFICATIONSAMENDED PLANTING SOIL, REF.PLANTING SOIL PLANS ANDPLANTING SPECIFICATIONSMETAL EDGING STAKES REF.PLANTING SPECIFICATIONSMETAL EDGING, REF.PLANTING SPECIFICATIONSUNDISTURBED NATIVE SOILTURF (SOD)LANDSCAPE BEDTOPSOIL, REF. PLANTINGSOIL PLAN AND PLANTINGSPECIFICATIONSAeccDbSurfaceTin1/2"M-1STEEL EDGINGFILTER FABRIC, TURN UP AT EDGES,SECURE WITH SUB-GRADE STAPLESCOMPACTED SUB-BASEAG-1DECOMPOSED GRANITEINSTALL IN LIFTS, REF. SPECIFICATIONS4"NOTE:DECOMPOSED GRANITE TO BE INSTALLED,COMPACTED AND MAINTAINED TO BEFLUSH WITH ADJACENT PEDESTRIAN SURFACES.FLUSHPAVING VARIES, REF.PLANS FOR TYPEMScale: 1 1/2"=1'-0"Decomposed GraniteAeccDbSurfaceTinThis document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc. BY DATE AS SHOWN REVISIONSNo.DATESHEET NUMBERCHECKED BY SCALE DESIGNED BY DRAWN BY KHA PROJECT LAST SAVED 1/23/2019 1:43 PMPLOTTED BY McKee, Emily 1/23/2019 1:44 PMDWG PATH K:\MKN_LALP\_projects\064531100 - uhs texoma\CAD\SheetsDWG NAME L1.01 Code Compliance Plan.dwg , [ L2.02 LANDSCAPE DETAILS ] TEXOMA FED PREPARED FOR GA STUDIO © 2018 KIMLEY-HORN AND ASSOCIATES, INC. PHONE: 972-770-1300 FAX: 972-239-3820 WWW.KIMLEY-HORN.COM TX F-928 IMAGESXREFS xWaterTower : xBdry-064465505 : xExUtil-064465505 : xSSWR-064465505 : xStrm-06446505 : xTXDOT-Roads : xWater-064465505 : xWater-064531100 : xPlant : Tree Planting Details : Shrub Planting Details : Steel edge @ landscape : Decomposed granite : x_seal-Andy-TX : xBase-064531100 CITY OF ANNA, TEXAS JANUARY 2019 064531100 13455 NOEL RD. TWO GALLERIA OFFICE TOWER SUITE 700 DALLAS, TX 75240 AJB EJM KWS FOR REVIEW ONLYNot for construction or permit purposesP.L.A.L.A. No.DateAndy Budke307501/24/2019LANDSCAPE DETAILSL2.02DO NOTUSE 370 PENTON LINNS DR.HILLTOP DRIVESTANLEY FALLS DRIVENIA G A R A F A L L S D RI V E VICTORIA FALLS DRIVERHYMERS GLEN DR. TANUR CASCADE DRIVEHILLTOP DRIVEHILLSIDE DRIVE WILEY FARM CREEKSIDE DRIVECREEKVIEW DRIVECREEKVIEW DRIVESTANLEY FALLS DRIVEATHABASCA FALLS DRIVE HANAKOA FALLS DRIVE HELMOKEN DRIVE FALLS PARKVIEW DR.CENTRAL EXPRESS WAY (U.S. 75)WHITE STREET (F.M. 455) HACKBERRY L N . SITE Item No. 5.g. City Council Agenda Staff Report Meeting Date: 2/12/2019 AG E ND A IT E M : A pprove a Resolution approving the site and landscape plan for Walmart Anna Addition L ots 2 & 3 (S tarbucks) located on the Northeast corner of Highway 75 and W hite S t. (Maurice Schwanke) S UM M ARY: Brian Bischof f , the representative f or the owners of the property, Q S eminole A nna Town Center, L P, has submitted a site and landscape plan for Walmart A nna A ddition L ots 2 & 3 (Starbucks) located on the Northeast corner of Highway 75 and W hite St. The site contains approximately 2.11 acres of land that are zoned P D f or commercial uses. P lanned f or the site is S tarbucks and a proposed retail center. S TAF F RE C O M M E ND AT I O N: Approval of a Resolution approving the Walmart Anna A ddition L ots 2 & 3 (Starbucks) site and landscape plan. AT TAC HM E NT S : Description Upload Date Type Resolution 2/5/2019 Resolution Site P lan 1/30/2019 Exhibit L andscape Plan 1/31/2019 Exhibit L ocation Map 1/28/2019 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SITE PLAN AND LANDSCAPE PLAN OF THE WALMART ANNA ADDITION LOTS 2 & 3 (STARBUCKS). WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the “City Council”) has adopted Part III-C of the Anna City Code of Ordinances (“Zoning Ordinance”); and WHEREAS, Brian Bischoff has submitted an application for approval of a site plan and landscape plan of the Walmart Anna Addition Lots 2 & 3 (Starbucks); NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Site and Landscape Plan The City Council hereby approves the site and landscape plan of the Walmart Anna Addition Lots 2 & 3 (Starbucks) attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 12th day of February, 2019. ATTEST: APPROVED: _____________________________ ____________________________ City Secretary, Carrie L Smith Mayor, Nate Pike N89°46'13"W207.53'N7°36'56"E104.53'N3°02'30"E96.45'N3°02'30"E104.19'N3°55'31"W119.05'S84°25'07"W 225.20'N0°13'47"E163.50'S89°46'13"E 225.70' ∆=5°48'40" R=360.50' L=36.56' CB=S2°40'33"E C=36.55' 20' PERMANENT WATER EASEMENT CITY OF ANNA, TEXAS INST. NO. 20150623000757310 R.P.R.C.C.T. 20' x 20' DRAINAGE EASEMENT VOL. 2017, PG. 549 P.R.C.C.T. 51.5' FIRELANE, ACCESS, UTILITY AND DRAINAGE EASEMENT VOL. 2017, PG. 549 P.R.C.C.T. 15' SANITARY SEWER EASEMENT VOL. 2017, PG. 549 P.R.C.C.T. 25' BUILDING SETBACK VOL. 2017, PG. 549 P.R.C.C.T. 10' ELECTRIC EASEMENT INSTR. NO. 20150602000647420 R.P.R.C.C.T. 10' ELECTRIC EASEMENT VOL. 2017, PG. 549 P.R.C.C.T. 20' x 20' DRAINAGE EASEMENT VOL. 2017, PG. 549 P.R.C.C.T. 20' LANDSCAPE AND WATER EASEMENT VOL. 2017, PG. 549 P.R.C.C.T.N0°13'47"E200.00'SSSSS S SS SS SSWWWWW WUG E UGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGE UGE UGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGESS W WWWWWT WUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGE UGEUGEUGEUGEUGEUGEUGEUGE UGE UGEUGEUGEUGEUGE U G E U G E U G E U G EUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGE UGEUGEUGESST W W W W W W W W W W W W W W W W W W W W WW W W715712713714716717720719721722723724715720712713714716717718719721722711715713714716717712712712712720720720720FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLF L FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL37 8 VAN1 6452 VANVAN3 5 7 8 6 11 7 8 5 5 FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLF L F L FL FL FL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLVAN 9 10 11 S S S S SS EX. 8" WATEREX. 12WATERR=20.0' R=20.0' R=20.0' R=25.0' 114'20'8'8' 12'12'24'20'TYP.20'R=10.0' R=10.0' R=30.0' 9' TYP.20'TYP.R=30.0' R=54.0' R=20.0' R=30.0' R=54.0' 95.9'51.1'47.6'115.7'77.8' R=54.0'24' FIRE LANE8'8'9'TYP.20' TYP. 24' FIRE LANE 24' FIRE LANE 9'TYP.20' TYP. 6'20'R=10.0'R=10.0' GREASE TRAP BIKE RACKS FADE OUT CURB FADE OUT CURB OVER 17'3' CONC. STEP OUT (TYP.) 3' CONC. STEP OUT (TYP.) CURB RAMP (TYP.) CROSSWALK (TYP.) 6' SIDEWALK (TYP.) 3' CONC. STEP OUT (TYP.) HC SIGNAGE WHEEL STOP (TYP.) BUILDING ENTRANCE (TYP.) BUILDING ENTRANCE (TYP.) PATIO AREA HC SIGNAGE PROP. CURB RAMP HC SIGNAGE PROP. 2" DOM. METER PROP. DOMESTIC BACKFLOW PREVENTER LA GI EX. LIGHT POLE EX. FIRE HYDRANT EX. SS MANHOLE CROSS ACCESS PROP. CHICK-FIL-A (BY OTHERS) NO CURB EX. WALMART EX. WAL-MART POLE SIGN LOT 2, BLOCK A WALMART ANNA ADDITION PROP. STARBUCKS ±2,355 SF BUILDING FOOTPRINT (±2,200 SF LEASE AREA) LOT 3, BLOCK A WALMART ANNA ADDITION PROP. RETAIL ±7,400 SFUS 75 NORTHBOUND FRONTAGE ROADPROP. GAS LINE PROPOSED SIGN PROPOSED SIGN 20'22'18'CI GI GI CI UNDERGROUND ELECTRIC LINE REF. MEP PLANS FOR DETAIL 28.0 ' PROP. LIGHT POLE (TYP.) EX. WYE INLET POSSIBLE LOCATION OF FUTURE GREASE TRAPS (FINAL LOCATION TO BE DETERMINED BY TENANT) PROP. TRANSFORMER PAD 7'FADE OUT CURB OVER 6' GI GI PROP. BOLLARDS REF. ARCH PLANS GI R=10.0' FIRELANE, ACCESS AND UTILITY EASEMENT FIRELANE, ACCESS AND UTILITY EASEMENT 84.3'62.1'156.2'8' 95.3'45.9'65.0' GI R=30.0' R=12.0' R=30.0' R=12.0' CURB RAMP (TYP.) UNDERGROUND ELECTRIC LINE REF. MEP PLANS FOR DETAIL PROP. TRANSFORMER PAD 36" X 36" STOP SIGN (R1-1) 4" WHITE PAINTED STOP BAR 15.0' R=10.0' R=10.0' R=10.0' R=20.0'This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECTLAST SAVED1/29/2019 3:59 PMPLOTTED BYHOLMES, TAYLOR 1/30/2019 11:25 AMDWG PATHK:\DAL_CIVIL\064465505-ANNATC-SBUX\CAD\PLAN SHEETSDWG NAMEC-SITE.DWG , [ SITE PLAN ]© 2018 KIMLEY-HORN AND ASSOCIATES, INC.13455 NOEL ROAD, TWO GALLERIA OFFICE TOWER, SUITE 700972-770-1300 972-239-3820WWW.KIMLEY-HORN.COM TX F-928IMAGESXREFS xExUtil-064465505 : xSurv - 064465505 : x2436 - 064465505 : oEG - 064465505 : xsite - 064465505 : xwm-bndy : xwm-site : xwm-storm : xtxdot-roads : xbase - cfa : xutil - 064465505 : xbdry-064465505 : xwm-utilCITY OF ANNA, TEXAS1/30/2019064465505LOTS 2 & 3 BLOCK AWALMART ANNA ADDITIONPREPARED FORCHIEF PARTNERS, LPFOR REVIEW ONLY Engineer P.E. No.Date JOSEPH A. FRACCARO 125676 Not for construction or permit purposes. 1/30/19 MCSMCSJAFSITE PLAN1 OF 1 LOT 3 SITE DATA SUMMARY TABLE LAND USE RETAIL / RESTAURANT ZONING (PD) ORD. 648-2014 LOT AREA (NET & GROSS)48,158 S.F. (1.11 AC) LOT COVERAGE (Bldg Footprint Area / Lot Area)15.26% FLOOR AREA (RETAIL) 50% OF TOTAL ± 3,700 S.F. FLOOR AREA (RESTAURANT) 50% OF TOTAL ± 3,700 S.F. TOTAL FLOOR AREA (Bldg Footprint)± 7,400 S.F. TOTAL LANDSCAPED AREA PROVIDED 12,868 S.F. PARKING SPACES PROVIDED (REG., 9'x20')44 SPACES HC PARKING SPACES PROVIDED 2 SPACES TOTAL PARKING SPACES PROVIDED 46 SPACES SITE PLAN ANNA STARBUCKS - LOT 2 AND 3 WALMART ANNA ADDITION F.T. DAFFAU SURVEY, A-288 THOMAS RATTON SURVEY, A-782, CITY OF ANNA, COLLIN COUNTY, TEXAS ENGINEER/SURVEYOR: KIMLEY-HORN AND ASSOCIATES, INC 13455 NOEL ROAD, SUITE 700 DALLAS, TEXAS 75240 TEL. NO. 972-770-1300 CONTACT: JOE FRACCARO, P.E. APPLICANT/OWNER: Q SEMINOLE ANNA TOWN CENTER,LP 8111 WESTCHESTER DR.,SUITE 800 DALLAS, TEXAS 75225 Ph: 214.884.3249 CONTACT: BRIAN BISCHOFF LOT 2 SITE DATA SUMMARY TABLE LAND USE RESTAURANT ZONING (PD) ORD. 648-2014 LOT AREA (NET & GROSS)43,726 S.F. (1.00 AC) LOT COVERAGE (Bldg Footprint Area / Lot Area)5.39% TOTAL FLOOR AREA (Bldg Footprint)± 2,355 S.F. TOTAL LEASE AREA ±2,200 SF TOTAL LANDSCAPED AREA PROVIDED 19,869 S.F. PARKING SPACES PROVIDED (REG., 9'x20')28 SPACES HC PARKING SPACES PROVIDED 2 SPACES TOTAL PARKING SPACES PROVIDED 30 SPACES THIS SITE PLAN IS FOR CITY REVIEW ONLY TO ILLUSTRATE COMPLIANCE WITH ZONING AND DEVELOPMENT REGULATIONS. IT IS NOT INTENDED FOR CONSTRUCTION PURPOSES. NORTH 0 GRAPHIC SCALE IN FEET SCALE @ 24"x36" 1020 20 20 PROPERTY LINE EXISTING CONTOURS LEGEND 730 PROPOSED BACKFLOW PREVENTOR PROPOSED WATER VALVE PROPOSED FIRE HYDRANT PROPOSED TEE PROPOSED CURB INLET PROPOSED WATER METER PROPOSED GRATE INLET PROPOSED LIGHT POLE N89°46'13"W207.53'N7°36'56"E104.53'N3°02'30"E96.45'N3°02'30"E104.19'N3°55'31"W119.05'S84°25'07"W 225.20'N0°13'47"E163.50'S89°46'13"E 225.70' ∆=5°48'40" R=360.50' L=36.56' CB=S2°40'33"E C=36.55' 20' PERMANENT WATER EASEMENT CITY OF ANNA, TEXAS INST. NO. 20150623000757310 R.P.R.C.C.T. 20' x 20' DRAINAGE EASEMENT VOL. 2017, PG. 549 P.R.C.C.T. 51.5' FIRELANE, ACCESS, UTILITY AND DRAINAGE EASEMENT VOL. 2017, PG. 549 P.R.C.C.T. 15' SANITARY SEWER EASEMENT VOL. 2017, PG. 549 P.R.C.C.T. 25' BUILDING SETBACK VOL. 2017, PG. 549 P.R.C.C.T. 10' ELECTRIC EASEMENT INSTR. NO. 20150602000647420 R.P.R.C.C.T. 10' ELECTRIC EASEMENT VOL. 2017, PG. 549 P.R.C.C.T. 20' x 20' DRAINAGE EASEMENT VOL. 2017, PG. 549 P.R.C.C.T. 20' LANDSCAPE AND WATER EASEMENT VOL. 2017, PG. 549 P.R.C.C.T.N0°13'47"E200.00'SSSSS S SS SS SSWWWWW WUG E UGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGE UGE UGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGESS W WWWWWT WUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGE UGEUGEUGEUGEUGEUGEUGEUGE UGE UGEUGEUGEUGEUGE U G E U G E U G E U G EUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGE UGEUGEUGESST W W W W W W W W W W W W W W W W W W W W WW W W715712713714716717723724715720712713714716717718719721722711715713714716717712712712712720720720720FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLF L FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLVAN VANVANFL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLF L F L FL FL FL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLVAN S S S S SS EX. 8" WATEREX. 12WATERS S S S S UGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGES S S S S UGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEPROP. CHICK-FIL-A EX. WALMART LOT 2, BLOCK A WALMART ANNA ADDITION PROP. STARBUCKS ±2,355 SF BUILDING FOOTPRINT (±2,200 SF LEASE AREA) LOT 3, BLOCK A WALMART ANNA ADDITION PROP. RETAIL ±7,400 SF PROPOSED SIGN PROPOSED SIGN \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \ \ \ \ \ \ \ \ \ \ \ \ \\\\ \\\\\\\\\\\\\\\\\\ LT 3 TA 69 TA 23 TA 104TA 117TA 103 TA 155 TA 60 IC 20 AS 19 IC 19 AS 20 TA 146 TA 112 TA 42 TA 105 TA 248 IC 17 TA 66 TA 73 \\AS 20 IC 15 LT 1 QV 3 QR 3 VA 2 LT 1 VA 3 LT 2 QV 2 QV 2 QR 3 TA 10 VA 3 QV 1 QV 1 QV 1 STEEL EDGING (TYP.) STEEL EDGING (TYP.) STEEL EDGING (TYP.)This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECTLAST SAVED1/31/2019 9:31 AMPLOTTED BYMIKULIK, BLAINE 1/31/2019 9:32 AMDWG PATHK:\DAL_CIVIL\064465505-ANNATC-SBUX\CAD\PLAN SHEETS\LANDSCAPEDWG NAMELP 1.00 - LANDSCAPE PLAN.DWG , [ LP 1.00 ]© 2018 KIMLEY-HORN AND ASSOCIATES, INC.13455 NOEL ROAD, TWO GALLERIA OFFICE TOWER, SUITE 700972-770-1300 972-239-3820WWW.KIMLEY-HORN.COM TX F-928IMAGESXREFS xExUtil-064465505 : xSurv - 064465505 : oeg - 064465505 : xsite - 064465505 : xwm-bndy : xwm-site : xwm-storm : xwm-util : xtxdot-roads : xbase - cfa : xutil - 064465505 : xbdry-064465505 : xlandscape - 064465505 : x2436 landscape - 064465505CITY OF ANNA, TEXAS01/30/2019064465505LOTS 2 & 3 BLOCK AWALMART ANNA ADDITIONPREPARED FORCHIEF PARTNERS, LPBDMBDMPBHLANDSCAPE PLANLP 1.00 SITE PLAN ANNA STARBUCKS - LOT 2 AND 3 WALMART ANNA ADDITION F.T. DAFFAU SURVEY, A-288 THOMAS RATTON SURVEY, A-782, CITY OF ANNA, COLLIN COUNTY, TEXAS ENGINEER/SURVEYOR: KIMLEY-HORN AND ASSOCIATES, INC 12750 MERIT DRIVE, SUITE 1000 DALLAS, TEXAS 75251 TEL. NO. 972-770-1300 CONTACT: JOE FRACCARO, P.E. APPLICANT/OWNER: Q SEMINOLE ANNA TOWN CENTER,LP 8111 WESTCHESTER DR.,SUITE 800 DALLAS, TEXAS 75225 Ph: 214.884.3249 CONTACT: BRIAN BISCHOFF NORTH 0 GRAPHIC SCALE IN FEET SCALE @ 24"x36" 1020 20 20 PD Ordinance 648-2014 - Lot 2 Landscape Summary Minimum Landscape Area Requirements:REQUIRED PROVIDED Percentage of total site in permanent landscaping 10% (4,373 SF)45% (19,869 SF) Percentage of street yard in permanent landscaping 15% (1,506 SF)100% (10,038 SF) Minimum Street Trees 1 tree per 40' U.S. Highway 75 5 Street Trees 5 Street Trees Percent coverage of frontage facing parking lots 75% (242')100% (322') Percentage of total trees to be large canopy trees 50% (6.5 canopy trees)54% (7 canopy trees) Interior landscape requirements Equal a total of at least eight square feet per parking space 30 parking spaces (240 square feet needed)2,953 square feet Have a landscaped area with at least one tree within 65 feet of every parking space Yes Have a minimum of one tree planted in the parking area for every 10 parking spaces within parking lots with more than 20 spaces Yes PD Ordinance 648-2014 - Lot 3 Landscape Summary Minimum Landscape Area Requirements:REQUIRED PROVIDED Percentage of total site in permanent landscaping 10% (4,816 SF)27% (12,868 SF) Percentage of street yard in permanent landscaping 15% (1,653 SF)100% (11,022 SF) Minimum Street Trees 1 tree per 40' U.S. Highway 75 6 Street Trees 6 Street Trees Percent coverage of frontage facing parking lots 75% (67.5')100% (90') Percentage of total trees to be large canopy trees 50% (9 canopy trees)50% (9 canopy trees) Interior landscape requirements Equal a total of at least eight square feet per parking space 46 parking spaces (368 square feet needed)5,121 square feet Have a landscaped area with at least one tree within 65 feet of every parking space Yes Have a minimum of one tree planted in the parking area for every 10 parking spaces within parking lots with more than 20 spaces Yes LOT 3 SITE DATA SUMMARY TABLE LAND USE RETAIL / RESTAURANT ZONING (PD) ORD. 648-2014 LOT AREA (NET & GROSS)48,158 S.F. (1.11 AC) LOT COVERAGE (Bldg Footprint Area / Lot Area)15.26% FLOOR AREA (RETAIL) 50% OF TOTAL ± 3,700 S.F. FLOOR AREA (RESTAURANT) 50% OF TOTAL ± 3,700 S.F. TOTAL FLOOR AREA (Bldg Footprint)± 7,400 S.F. TOTAL LANDSCAPED AREA PROVIDED 12,868 S.F. PARKING SPACES PROVIDED (REG., 9'x20')44 SPACES HC PARKING SPACES PROVIDED 2 SPACES TOTAL PARKING SPACES PROVIDED 46 SPACES LOT 2 SITE DATA SUMMARY TABLE LAND USE RESTAURANT ZONING (PD) ORD. 648-2014 LOT AREA (NET & GROSS)43,726 S.F. (1.00 AC) LOT COVERAGE (Bldg Footprint Area / Lot Area)5.39% TOTAL FLOOR AREA (Bldg Footprint)± 2,355 S.F. TOTAL LEASE AREA ±2,200 SF TOTAL LANDSCAPED AREA PROVIDED 19,869 S.F. PARKING SPACES PROVIDED (REG., 9'x20')28 SPACES HC PARKING SPACES PROVIDED 2 SPACES TOTAL PARKING SPACES PROVIDED 30 SPACES COTT O N W O O D HILLTOP DRIVE HILLTOP DRIVEHILLSIDE DRIVEWILEY FARMCREEKSIDE DRIVE CR E E K V I E W D R I V E CREEKVIEW DRIVE PARKVIEW DR.CENTRAL E X P R E S S W A Y ( U . S . 7 5 )WHITE STREET (F.M. 455)SITE Item No. 5.h. City Council Agenda Staff Report Meeting Date: 2/12/2019 AG E ND A IT E M : A pprove an Ordinance ordering for a May 4, 2019 General Election; approving a Election Service Contract with Collin County; and approving a J oint E lection Agreement with Anna I ndependent S chool District and Collin College. (Carrie S mith) S UM M ARY: I n accordance with S ecs. 3.004, 3.006, 85.004, and 85.007, Texas E lection Code, the Mayor and City Council are to authorize the election not later than F ebruary 19, 2016. T his ordinance calls and gives notice of the May general election and approves a contract for election services with Collin County Elections A dministrator and an agreement with A I S D for a joint election. S TAF F RE C O M M E ND AT I O N: Staff recommends approval of the attached ordinance, contract and agreement. AT TAC HM E NT S : Description Upload Date Type Ordinance 2/8/2019 Ordinance Service Contract 2/8/2019 Exhibit Cost Estimate Exhibit 2/8/2019 Exhibit J oint A greement 2/8/2019 Exhibit CITY OF ANNA, TEXAS ORDINANCE__________ PAGE 1 OF 3 CITY OF ANNA, TEXAS ORDINANCE NO. ______________ (May 4, 2019 General Election Order) AN ORDINANCE OF THE CITY OF ANNA, TEXAS, ORDERING A GENERAL ELECTION FOR MAY 4, 2019 TO ELECT (3) THREE CITY COUNCIL MEMBERS AT- LARGE, ALL FOR THREE-YEAR TERMS; PROVIDING FOR RUNOFF ELECTION; PROVIDING FOR A JOINT ELECTION WITH COLLIN COUNTY ELECTIONS ADMINISTRATION, ANNA INDEPENDENT SCHOOL DISTRICT AND COLLIN COLLEGE, DESIGNATING POLLING PLACES AND PROVIDING FOR EARLY VOTING, NOTICE AND OTHER MATTERS RELATING TO SAID ELECTION. WHEREAS, state law has established the second Saturday in May as the date for general municipal elections; and WHEREAS, by this ordinance, it is the intention of the City Council to call the General Election, designate a polling place for the election, to appoint the necessary election officers and to establish and set forth procedures for conducting the election. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1. ELECTION ORDER An election is hereby, ordered to be held in the City of Anna, Texas on Saturday, May 4, 2019, for the purpose of, electing three (3) city council members at-large for each a three- year term to the following offices: Council Member Place 2 Council Member Place 4 Council Member Place 6 SECTION 2. JOINT ELECTION Such election shall be held jointly with Collin Council Elections Administration, Anna Independent School District and Collin College. (Exhibits A & B) SECTION 3. ELECTION DAY POLLING PLACE On May 4, 2019, Election Day, the polls shall be open from 7:00 a.m. to 7:00 p.m. and shall be held at Collin County Vote Centers* which includes: CITY OF ANNA, TEXAS ORDINANCE__________ PAGE 2 OF 3 Anna City Hall 111 N. Powell Parkway Anna, Texas 75409 *Vote Centers - City and School District voters may vote at any of the additional Election Day Vote Centers open under full contract services with the Collin County Elections Administration. SECTION 3. EARLY VOTING Early voting by personal appearance shall be by the use of the Digital Reading Equipment (DRE) voting system in accordance with the Texas Election Code. Early Voting by personal appearance shall be held at Collin County Vote Centers* which includes: Anna City Hall 111 N. Powell Parkway Anna, Texas 75409 The dates and times for early voting by personal appearance are as follows: Monday April 22, 2019 8:00 a.m. to 5:00 p.m. Tuesday April 23, 2019 8:00 a.m. to 5:00 p.m. Wednesday April 24, 2019 8:00 a.m. to 5:00 p.m. Thursday April 25, 2019 8:00 a.m. to 7:00 p.m. Friday April 26, 2019 8:00 a.m. to 5:00 p.m. Saturday April 27, 2019 8:00 a.m. to 5:00 p.m. Monday April 29, 2019 7:00 a.m. to 7:00 p.m. Tuesday April 30, 2019 7:00 a.m. to 7:00 p.m. *Vote Centers - City and School District voters may vote at any of the additional Election Day Vote Centers open under full contract services with the Collin County Elections Administration. SECTION 4. VOTE BY MAIL Collin County Elections Administrator, Bruce Sherbet is designated as the early voting clerk. Applications for ballots by mail must be mailed to: Bruce Sherbet Elections Administrator 2010 Redbud Blvd., Ste 102 McKinney, Texas 75069 SECTION 6. PERSONS QUALIFIED TO VOTE CITY OF ANNA, TEXAS ORDINANCE__________ PAGE 3 OF 3 Eligible voters include qualified voters residing within the corporate limits of the City of Anna. This election shall be held and conducted in accordance with the provisions of the Texas Election Code. SECTION RUNOFF DATE Any Runoff Election required for the election of Council members, ensuing from the general election of May 4, 2019 shall be held on Saturday June 08, 2019 or as designated by the joint election contract in accordance with the Texas Election Code. SECTION 5. ADMINISTRATION AND PROCEDURES OF THE ELECTION The City Manager is hereby authorized and directed to enter into a joint elections agreement for said election with Collin County Elections Administration and Anna Independent School District and to execute such election agreements for said election. SECTION 6. DISCLAIMER If any section, subsection, sentence, clause, or phrase of this ordinance, or its application to a particular set of persons or circumstances, is declared invalid or adjudged unconstitutional by a court of competent jurisdiction, it does not affect the remaining portions of this ordinance, as the various portions and provisions of this ordinance are severable. The City Council of the City of Anna, Texas, declares that it would have passed each and every part of this ordinance notwithstanding the omission of any part that is declared invalid or unconstitutional. PASSED by the City Council of the City of Anna, Texas, this 12th day of February, 2019. ATTESTED: _________________________ City Secretary Carrie L. Smith APPROVED: _________________________ Mayor Nate Pike May 4, 2019 Joint General Election Contract for Election Services City of Anna/Anna ISD May 4, 2019 Joint General Election – City of Anna & AISD 01/28/19 – Page 2 May 4, 2019 Joint General Election Table of Contents I………………………………………………Duties and Services of Contracting Officer II………………………………..……….Duties and Services of City and School District III……………………….………………………………………………..Cost of Election IV……………………………………………………………….Joint General Agreement V………………….……………………………………………….…..General Provisions Exhibits Exhibit A...…………………………………….……Early Voting Schedule and Locations Exhibit B.….……………………………………………...……Election Day Vote Centers Exhibit C…………………………………………………………………..Cost of Services Exhibit D………………………………………………….……..Joint General Agreement May 4, 2019 Joint General Election – City of Anna & AISD 01/28/19 – Page 3 THE STATE OF TEXAS CONTRACT FOR COUNTY OF COLLIN § CITY – SCHOOL ANNA ELECTION SERVICES BY THE TERMS OF THIS CONTRACT made and entered into by and between the CITY OF ANNA, hereinafter referred to as the "CITY," and the BOARD OF TRUSTEES OF THE ANNA INDEPENDENT SCHOOL DISTRICT, hereinafter referred to as the “SCHOOL DISTRICT,” and BRUCE SHERBET, Elections Administrator of Collin County, Texas, hereinafter referred to as "Contracting Officer," pursuant to the authority in Subchapter D, of Chapter 31, of the Texas Election Code, agree to the following particulars in regard to coordination, supervision and running of the City and School District's May 4, 2019 Joint General Election and a City Runoff Election, if necessary, on June 8, 2019. An additional cost estimate, early voting calendar, and Election Day polling place schedule will be prepared should a Runoff Election be necessary. THIS AGREEMENT is entered into in consideration of the mutual covenants and promises hereinafter set out. IT IS AGREED AS FOLLOWS: I. DUTIES AND SERVICES OF CONTRACTING OFFICER. The Contracting Officer shall be responsible for performing the following duties and shall furnish the following services and equipment: A. The Contracting Officer shall arrange for appointment, notification (including writ of election), training and compensation of all presiding judges, alternate judges, the judge of the Central Counting Station and judge of the Early Voting Ballot Board. a. The Contracting Officer shall be responsible for notification of each Election Day and Early Voting presiding judge and alternate judge of his or her appointment. The recommendations of the City and the School District will be the accepted guidelines for the number of clerks secured to work in each Vote Center. The presiding election judge of each Vote Center, however, will use his/her discretion to determine when additional manpower is needed during peak voting hours. The Contracting Officer May 4, 2019 Joint General Election – City of Anna & AISD 01/28/19 – Page 4 will determine the number of clerks to work in the Central Counting Station and the number of clerks to work on the Ballot Board. Election judges shall be secured by the Contracting Officer with the approval of the City and the School District. b. Election judges shall attend the Contracting Officer's school of instruction (Elections Seminar); calendar will be provided. c. Election judges shall be responsible for picking up from and returning election supplies to the county election warehouse located at 2010 Redbud Blvd., Suite 102, McKinney. Compensation for this pickup and delivery of supplies will be $25.00. d. The Contracting Officer shall compensate each election judge and worker. Each judge shall receive $12.00 per hour for services rendered. Each alternate judge and clerk shall receive $10.00 per hour for services rendered. Overtime will be paid to each person working over 40 hours per week. B. The Contracting Officer shall procure, prepare, and distribute voting machines, election kits and election supplies. a. The Contracting Officer shall secure election kits which include the legal documentation required to hold an election and all supplies including locks, pens, magic markers, etc. b. The Contracting Officer shall secure all tables, chairs, and legal documentation required to run the Central Counting Station. c. The Contracting Officer shall provide all lists of registered voters required for use on Election Day and for the early voting period required by law. May 4, 2019 Joint General Election – City of Anna & AISD 01/28/19 – Page 5 d. The Contracting Officer shall procure and arrange for the distribution of all election equipment and supplies required to hold an election. 1. Equipment includes the rental of voting machines, ADA compliance headphones and keypads (1 per site), transfer cases, voting signs and election supply cabinets. 2. Supplies include smart cards, sample ballots, provisional forms, maps, labels, pens, tape, markers, etc. C. The Contracting Officer, Bruce Sherbet, shall be appointed the Early Voting Clerk by the City and the School District. a. The Contracting Officer shall supervise and conduct Early Voting by mail and in person and shall secure personnel to serve as Early Voting Deputies. b. Early Voting by personal appearance for the City and School District's May 4, 2019, Joint General Election shall be conducted during the time period and at the locations listed in Exhibit “A”, attached and incorporated by reference into this contract. c. All applications for an Early Voting mail ballot shall be received and processed by the Collin County Elections Administration Office, 2010 Redbud Blvd., Suite 102, McKinney, Texas 75069. 1. Application for mail ballots erroneously mailed to the City or School District shall immediately be faxed to the Contracting Officer for timely processing. The original application shall then be forwarded to the Contracting Officer for proper retention. 2. All Federal Post Card Applicants (FPCA) will be sent a mail ballot. No postage is required. May 4, 2019 Joint General Election – City of Anna & AISD 01/28/19 – Page 6 d. All Early Voting ballots (those cast by mail and those cast by personal appearance) shall be prepared for count by the Early Voting Ballot Board in accordance with Chapter 87 of the Texas Election Code. The presiding judge of this Board shall be appointed by the Contracting Officer. D. The Contracting Officer shall arrange for the use of all Election Day Vote Centers. The City and School District shall assume the responsibility of remitting the cost of all employee services required to provide access, provide security or provide custodial services for the Vote Centers. The Election Day Vote Centers are listed in Exhibit “B”, attached and incorporated by reference into this contract. E. The Contracting Officer shall be responsible for establishing and operating the Central Counting Station to receive and tabulate the voted ballots in accordance with Section 127.001 of the Election Code and of this agreement. Counting Station Manager and Central Count Judge shall be Bruce Sherbet. The Tabulation Supervisor shall be Patty Seals. a. The Tabulation Supervisor shall prepare, test and run the county's tabulation system in accordance with statutory requirements and county policies, under the auspices of the Contracting Officer. b. The Public Logic and Accuracy Test of the electronic voting system shall be conducted. c. Election night reports will be available to the City and School District at the Central Counting Station on election night. Provisional ballots will be tabulated after election night in accordance with law. d. The Contracting Officer shall prepare the unofficial canvass report after all precincts have been counted, and will provide a copy of the unofficial canvass to the City and School District as soon as possible after all returns have been tallied. e. The Contracting Officer shall be appointed the custodian of the voted ballots and shall retain all election material for a period of 22 months. May 4, 2019 Joint General Election – City of Anna & AISD 01/28/19 – Page 7 1. Pending no litigation and as prescribed by law, the voted ballots shall be shredded 22 months after the election. 2. The City and School District can obtain the list of registered voters from the Elections Administration Office after this retention period. Pending no litigation and if the City or School District does not request the lists, the Contracting Officer shall destroy them. f. The Contracting Officer shall conduct a manual count as prescribed by Section 127.201 of the Texas Election Code and submit a written report to the City and School District in a timely manner. The Secretary of State may waive this requirement. If applicable, a written report shall be submitted to the Secretary of State as required by Section 127.201(E) of the aforementioned code. II. DUTIES AND SERVICES OF THE CITY AND SCHOOL DISTRICT. The City and School District shall assume the following responsibilities: A. The City and School District shall prepare the election orders, resolutions, notices, official canvass and other pertinent documents for adoption by the appropriate office or body. The City and School District assumes the responsibility of posting all notices and likewise promoting the schedules for Early Voting and Election Day. B. The City and School District shall provide the Contracting Officer with an updated map and street index of their jurisdiction in an electronic (shape file preferred) or printed format as soon as possible but no later than Friday, March 8, 2019. C. The City and School District shall procure and provide the Contracting Officer with the ballot layout and Spanish interpretation in an electronic format. a. The City and School District shall deliver to the Contracting Officer as soon as possible, but no later than 5:00 PM Thursday, February 21, 2019, the official wording for the City and School District's May 4, 2019, Joint General Election. May 4, 2019 Joint General Election – City of Anna & AISD 01/28/19 – Page 8 b. The City and School District shall approve the "blue line" ballot format prior to the final printing. D. The City and School District shall post the publication of election notice by the proper methods with the proper media. E. The City and School District shall compensate the Contracting Officer for any additional verified cost incurred in the process of running this election or for a manual count this election may require, consistent with charges and hourly rates shown on Exhibit “C” for required services. F. The City and School District shall pay the Contracting Officer 90% of the estimated cost to run the said election prior to Friday, April 5, 2019. The Contracting Officer shall place the funds in a "contract fund" as prescribed by Section 31.100 of the Texas Election Code. The Deposit should be delivered within the mandatory time frame to: Collin County Treasury 2300 Bloomdale Rd. #3138 McKinney, Texas 75071 Made payable to: “Collin County Treasury” with the note “for election services” included with check documentation. G. The City and School District shall pay the cost of conducting said election, less partial payment, including the 10% administrative fee, pursuant to the Texas Election Code, Section 31.100, within 30 days from the date of final billing. III. COST OF SERVICES. See Exhibit “C.” IV. JOINT GENERAL AGREEMENT. See Exhibit “D”. V. GENERAL PROVISIONS. A. Nothing contained in this contract shall authorize or permit a change in the officer with whom or the place at which any document or record relating to the City and School District's May 4, 2019, Joint General Election is to be filed or the place at which May 4, 2019 Joint General Election – City of Anna & AISD 01/28/19 – Page 9 any function is to be carried out, or any nontransferable functions specified under Section 31.096 of the Texas Election Code. B. Upon request, the Contracting Officer will provide copies of all invoices and other charges received in the process of running said election for the City and School District. C. If the City and/or School District cancel their election pursuant to Section 2.053 of the Texas Election Code, the Contracting Officer shall be paid a contract preparation fee of $75. An entity canceling an election will not be liable for any further costs incurred by the Contracting Officer in conducting the May 4, 2019, Joint General Election. All actual shared cost incurred in the conduct of the election will be divided by the actual number of entities contracting with the Contracting Officer and holding a May 4, 2019, Joint General Election. D. The Contracting Officer shall file copies of this contract with the County Judge and the County Auditor of Collin County, Texas. WITNESS BY MY HAND THIS THE DAY OF 2019. Bruce Sherbet Collin County, Texas WITNESS BY MY HAND THIS THE DAY OF 2019. By:___________________________ Attest:____________________________ Jim Proce, City Manager Carrie Smith, City Secretary City of Anna City of Anna May 4, 2019 Joint General Election – City of Anna & AISD 01/28/19 – Page 10 WITNESS BY MY HAND THIS THE DAY OF 2019. By:______________________________ Attest:______________________________ Michael Comeaux, Superintendent Heather J. Mackey, Secretary Anna Independent School District Anna Independent School District May 4, 2019 Joint General Election – City of Anna & AISD 01/28/19 – Page 11 Exhibit “A” MAY 4, 2019 JOINT GENERAL ELECTION Early Voting Locations and Hours City of Anna & AISD* Polling Place Address City Collin County Election Office (Main Early Voting Location) 2010 Redbud Blvd., #102 McKinney Anna City Hall 111 N. Powell Parkway Anna Sunday Monday Tuesday Wednesday Thursday Friday Saturday April 21 April 22 8am – 5pm April 23 8am – 5pm April 24 8am – 5pm April 25 8am - 7pm April 26 8am - 5pm April 27 8am - 5pm April 28 April 29 7am – 7pm April 30 7am – 7pm May 1 May 2 May 3 May 4 7am – 7pm Election Day * City and School District voters may vote at any of the additional Early Voting locations open under full contract services with the Collin County Elections Administration. May 4, 2019 Joint General Election – City of Anna & AISD 01/28/19 – Page 12 Exhibit “B” MAY 4, 2019 JOINT GENERAL ELECTION Election Day Vote Centers – City of Anna & AISD* Precincts Location Address City “VOTE CENTER” Anna City Hall 111 N. Powell Parkway Anna *City and School District voters may vote at any of the additional Election Day Vote Centers open under full contract services with the Collin County Elections Administration. ESTIMATED COSTS FOR CITY OF ANNAMay 4, 2019Exhibit "C"SUPPLY COSTNumber of Early Voting Locations 1Number of Election Day Locations 1Units Cost ACTY/CC Units Cost ACTY/AISD/CCSample Ballots $0.1866 each 100 $18.66 250 $46.65Early Voting Mail Ballots $1.20 each 15 $18.00 25 $30.00Early voting and election day kits $25.00 each 0 $0.00 2 $50.00Central Counting kit and supplies $50.00 each 0 $0.00 1 $50.00County Precinct Maps $12.00 each 0 $0.00 2 $24.00Printer Labels $5.27 each 0 $0.00 6 $31.62Total$36.66 $232.27Number of Entities Sharing Costs 2 3SubTotal$18.33 $77.42Grand Total$95.75EQUIPMENT RENTAL COSTNumber of Early Voting Locations 1Number of Election Day Locations 1Units Cost ACTY/CC Units Cost ACTYAISD/CCVoting Machines (7's) $150.00 each 0 $0.00 10 $1,500.00Transfer Cases $5.00 each 0 $0.00 2 $10.00Metal Signs $1.00 each 0 $0.00 4 $4.00Wood Signs $2.00 each 0 $0.00 2 $4.00EV Security Cabinets $200.00 each 0 $0.00 1 $200.00EV Computer Cabinet $50.00 each 0 $0.00 1 $50.00ED Security Cabinets $200.00 each 0 $0.00 1 $200.00EV/ED Cabinet Drayage $260.00 each 0 $0.00 2 $520.00Total$0.00 $2,488.00Number of Entities Sharing Costs 2 3SubTotal$0.00 $829.33Grand Total$829.33 EARLY VOTING Number of Early Voting Locations 1Workers each location 4 Units Cost ACTY/CC Units Cost ACTY/AISD/CCMailed Ballot Kits $1.00 each 15 $15.00 25 $25.00Postage for Ballots $0.88 each 10 $8.80 20 $17.60Assemble EV Location $50.00 each 0 $0.00 1 $50.00Total Judge Hours $12.00 hour 0 $0.00 68 $816.00Overtime Judge Hours $18.00 hour 0 $0.00 23 $414.00Total Alt. Judge & Clerk Hours $10.00 hour 0 $0.00 204 $2,040.00Overtime Alt. Judge & Clerk Hours $15.00 hour 0 $0.00 70 $1,050.00Pickup & Delivery of Supplies $25.00 each 0 $0.00 1 $25.00Total$23.80 $4,437.60Number of Entities Sharing Costs2 3SubTotal$11.90 $1,479.20Grand Total$1,491.10ELECTION DAYNumber of Election Day Locations 1Workers each location 4Units Cost ACTY/CC Units Cost ACTY/AISD/CCTotal Judge Hours $12.00 hour 0 $0.00 14 $168.00Total Alt. Judge & Clerk Hours $10.00 hour 0 $0.00 42 $420.00Pickup & Delivery of Supplies $25.00 each 0 $0.00 1 $25.00Total$0.00 $613.00Number of Entities Sharing Costs2 3SubTotal$0.00 $204.33Grand Total$204.33ADMINISTRATIVE EXPENSESNumber of Early Voting Locations 1Number of Election Day Locations 1Units Cost ACTY/CC Units Cost ACTY/AISD/CCProcess Pollworker Checks $1.50 each 0 $0.00 8 $12.00Process Election Judge Notices $1.50 each 0 $0.00 4 $6.00Total$0.00 $18.00Number of Entities Sharing Costs2 3SubTotal$0.00 $6.00Grand Total$6.00 TABULATIONTabulation Network $4,000.00Election Night Vendor Support $1,800.00Notice of Inspection/Tabulation Test $2,250.00Total $8,050.00Number of Entities 35 Total $230.00PROGRAMMINGDominion Project Management $5,000.00Full Service Programming w/Audio $25,000.00Total $30,000.00 Number of Entities 35Total $857.14CENTRALIZED COSTSEarly Voting Ballot Board $2,000.00Cost for Central Count Workers $1,400.00FICA on Election Workers $2,500.00Assemble EV Location $50.00Early Voting Machines in McKinney (10) $1,500.00Early Voting Personnel in McKinney $4,500.00Warehouse Gas Mileage $2,500.00County Overtime and IT Support $35,000.00Warehouse Temporaries $25,000.00FICA for County Employees $2,500.00Total $76,950.00 Full Service Jurisdictions - 1,523,359 voters City of Anna - 7,160 .47% of Total = $361.67 Anna ISD - 9,186 .60% of Total = $461.70 SUMMARY OF COSTS FOR CITY OF ANNASUPPLY COST$95.75EQUIPMENT RENTAL COST$829.33EARLY VOTING $1,491.10ELECTION DAY$204.33ADMINISTRATIVE EXPENSES$6.00TABULATION/PROGRAMMING COSTS$1,087.14CENTRALIZED COSTS$361.67Total$4,075.3210% Administrative Fee $407.53Grand Total$4,482.8590% Deposit due by 4/05/19$4,034.57 JOINT ELECTION AGREEMENT between The City Council of the City of Anna (the City), the Board of Trustees of the Anna Independent School District (AISD), known as (the School), and the Board of Trustees of Collin College District (the College). BY THE TERMS OF THIS AGREEMENT, the City, the School and the College, do hereby agree, pursuant to the provisions of the Texas Election Code, to hold a joint election for the General Election should it be called, of the City and the General Election should it be called, of the School District and the College to be held on Saturday, May 4, 2019. The entities have contracted with the Collin County Elections Administrator (Election Administrator) to perform various duties and responsibilities on their behalf. The City, AISD and the College shall share equally in shared expenses applicable for the Early Voting location and Election Day Vote Center at the Anna City Hall. Expenses include polling location costs, election officials, supplies, ballots and any other and all necessary expenses for the election upon receipt of satisfactory billing and invoices reflecting the total of such election. Tabulation and programming costs shall be shared equally between the number of entities holding an election on May 4, 2019. Centralized costs will be determined based on voter registration per jurisdiction. An entity canceling an election pursuant to Section 2.053 of the Texas Election Code will not be liable for costs incurred by the Elections Administrator in conducting the May 4, 2019, Joint General of the City, the School District and the College; they will be liable only for the contract preparation fee of $75.00. APPROVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS in its meeting held the day of , 2019, and executed by its authorized representative. By: Attest: Jim Proce, City Manager Carrie Smith, City Secretary City of Anna City of Anna APPROVED BY THE TRUSTEES OF THE ANNA INDEPENDENT SCHOOL DISTRICT in its meeting held the day of , 2019, and executed by its authorized representative. By: ______ Attest: __________ Michael Comeaux, Superintendent Heather J. Mackey, Secretary Anna Independent School District Anna Independent School District APPROVED BY THE TRUSTEES OF THE COLLIN COLLEGE DISTRICT in its meeting held the day of , 2019, and executed by its authorized representative. By: Attest: ______ H. Neil Matkin, Ed. D., District President Kim Davison, Chief of Staff Collin College Collin College Item No. 5.i. City Council Agenda Staff Report Meeting Date: 2/12/2019 AG E ND A IT E M : A pprove a Resolution approving a F acilities Use A greement with the A nna S ports Group f or 2019 and Authorizing the City Manager to Execute S ame.(Maurice S chwanke) S UM M ARY: Attached is a Resolution authorizing the renewal of the F acilities Use A greement with the A nna Youth S ports A ssociation f or 2019. T he Anna Sports Group is set up to provide fundamental sports for children ages 5 to 18 years S TAF F RE C O M M E ND AT I O N: Approval of a R esolution approving the F acilities Use Agreement with the A nna S ports Group for 2019. AT TAC HM E NT S : Description Upload Date Type Resolution A pproving a F acility Use A greement with A S G 2/6/2019 Resolution Anna S ports Group A greement 3/7/2018 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. __________________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FACILITIES USE AGREEMENT WITH THE ANNA SPORTS GROUP FOR 2019 AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME. WHEREAS, the Anna Sports Group (ASG) is set up to provide fundamental sports for children ages 5 to 18 years; and, WHEREAS, ASG’s goal is to provide a basic knowledge of sports to the players and to instill teamwork and good sportsmanship into every player; and, WHEREAS, ASG desires to use facilities owned by the City of Anna (“City”) to operate their programs; and, WHEREAS, the City desires to enter into a Facilities Use Agreement (the “Agreement”) that formally authorizes the ASG to use City facilities to operate their programs. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. The City Council of the City of Anna, Texas hereby approves the Agreement attached hereto as Exhibit 1 and authorizes the City Manager to execute same. PASSED by the City Council of the City of Anna, Texas, on this 12th day of February, 2019. ATTEST: APPROVED: _____________________________ __________________________ City Secretary, Carrie L. Smith Mayor, Nate Pike 1 FACILITIES USE AGREEMENT This Facilities Use Agreement (this “Agreement”) is made by and between the City of Anna, Texas (the “City”) and the Anna Sports Group (“ASG”), a Texas nonprofit association. The City and ASG are collectively referenced in this Agreement as “the Parties.” FOR AND IN CONSIDERATION of the mutual promises and undertakings herein set out, the Parties agree as follows: I. The City agrees to permit the use of its facilities commonly known as the Johnson Park baseball/softball fields, and the Slayter Creek Park baseball/softball fields (collectively, the “Spring Ball Facilities”) for ASG’s 2019 Spring Baseball and Softball Regular Season. The Spring Baseball and Softball Regular Season shall run from March 1 through July 31 and shall consist of the regular season games with a maximum of two post-season tournaments. ASG shall not schedule games to be played on the fields at Slayter Creek Park without prior approval from the City. Any request by ASG for field usage after July 31 for the Spring Baseball and Softball Regular Season will be negotiated between the City and ASG. “Regular Season” is defined as actual regular season games and post-season tournaments, not including practices, try-outs, scrimmages, or preseason games. The City agrees that with the exception of the fields at Slayter Creek Park, ASG shall have priority use of the Spring Ball Facilities for team practices during the regular season from 5:00 p.m. to 9:30 p.m. Monday through Friday, and from 9:00 a.m. to 9:30 p.m. on Saturday and Sunday. ASG shall provide the City with the regular season practice schedule for each field. II. The City agrees to allow ASG to use and manage the concession buildings at Johnson Park and Slayter Creek Park (collectively, the “Concession Buildings”) in connection with athletic events that occur during the term of this Agreement, except that the Anna Athletic Booster Club shall be given the first option to use the Concession Buildings in connection with UIL baseball and softball games sponsored by Anna ISD. All concession operations shall be in compliance with applicable state and local health codes, and ASG shall obtain any required health permits prior to its use of the Concession Buildings. ASG agrees to pay the City a flat fee of $1,000 for the entire calendar year or $350 per quarter. Such payment(s) shall be due on March 30th or (if made on a quarterly basis) the first payment is due on March 30th with additional quarterly payments due the first day of May, July, and October. In the event ASG does not provide concessions for athletic events that occur during the term of this Agreement, the City may authorize other organizations to use and manage the Concession Buildings to provide concessions at those events. 2 III. ASG acknowledges that its use of the Spring Ball Facilities and Concession Buildings (collectively, the “Park Facilities”) under this Agreement is non-exclusive and that the City has final authority over the scheduling of all Association use (including games and team practices) of the Park Facilities under this Agreement. ASG shall provide the City with the schedule of games for each regular season at least two weeks prior to the start of each regular season. Except as noted below, ASG may reschedule regular season games provided that, the authorized Association representative notifies the City of the schedule change in advance, and the change does not interfere with another previously scheduled use of the Park Facilities. ASG shall not schedule or reschedule games to be played on the athletic fields at Slayter Creek Park without prior approval from the City. IV. Not withstanding anything in this Agreement, ASG’s use of the Park Facilities shall be subject to and yield to any and all repairs, maintenance, and construction activities, deemed necessary by the City to preserve, repair, maintain, or expand the Park Facilities or any public facilities owned or operated by the City. The City shall not be liable for any damages that may be caused or occasioned by any such repair, maintenance, or construction activity. V. The term of this Agreement shall be for one year from January 1, 2019 through December 31, 2019. VI. Upon termination of this Agreement, ASG and the City may negotiate a new agreement. ASG shall have 30 days to remove movable equipment that it owns that is not of a permanent nature, upon termination of this Agreement. Nothing herein shall prohibit the City from entering into facilities use agreements with other organizations provided that other such agreements do not conflict with this Agreement. The City reserves the right to utilize the Park Facilities at all times other than when the City’s use would unreasonably interfere with Association regular-season games that have been properly scheduled in accordance with this Agreement. VII. ASG shall not assign this Agreement nor shall it sublease or rent out any property of the City. This provision includes sports camps and tournaments. Due to the necessity of inter-league play in order to compete some leagues, ASG shall insure that an Association team is scheduled for each game played on any part of the Park Facilities. 3 VIII. ASG shall not engage in any business on any part of the Park Facilities or do anything in connection therewith which shall be in violation of any existing state or federal law or municipal ordinances, or use the same in such manner as to constitute a nuisance. The collection of admission or “gate” fees by ASG is permissible, for no more than two tournaments or special events per calendar year, as long as ASG makes the request to the City for approval at least two weeks prior to the start of the tournament or special event. Association agrees that the location of such admission access points shall not prevent or impede other park users from accessing other common or general areas of the park, including but not limited restrooms. The collection of tournament entry/registration fees by ASG is permissible. IX. ASG SHALL INDEMNIFY AND HOLD HARMLESS THE CITY, ITS AGENTS, OFFICIALS AND EMPLOYEES FROM ANY AND ALL CLAIMS FOR BODILY INJURY, ILLNESS, DEATH, PERSONAL INJURY AND PROPERTY DAMAGE AND ALL OTHER CLAIMS IN ANY WAY RELATED TO, ARISING OUT OF, OR MADE IN CONNECTION WITH ANY ACTIVITIES OF ASG OR ANY OF ITS MEMBERS OR PARTICIPANTS. ASG shall maintain a general liability insurance policy in the amount of at least one million dollars ($1,000,000) and shall name the City as an additional insured on its said policy. The coverage shall contain no special limitations on the scope or protection afforded to ASG, its officials, officers and employees. At least two weeks in advance of the first regular season identified in this Agreement, ASG must provide the City with a certificate of such insurance issued by the insurer. The certificate shall state that the City is an additional insured and that the insurer must provide at least 30 days notice to the City prior to the cancellation of the policy. X. ASG shall submit to the City the names, addresses and phone numbers of all Association officers and board members within two weeks after election or appointment. ASG shall furnish to the City rosters of all teams, players, coaches and other participants including names, addresses and telephone numbers for all such persons and a listing of the full schedule for the season. The rosters shall be submitted within four weeks after completion of registration and the full schedule shall be submitted at least two weeks prior to the first regular season game. ASG shall also submit a copy of all contracts, if any, entered into by ASG for any of its operations related to the Park Facilities including but not limited to concessions, umpires/referees, equipment rentals, and field maintenance. XI. Within 60 days of the end of the calendar year, ASG shall submit to the City Manager ASG’s annual financial report for the prior year which shall include the revenue collected and expenditures that occurred during the reporting period, and the reporting period ending balance of any bank accounts operated by ASG. 4 XII. ASG shall conduct criminal background checks on all of its volunteers and participants, including but not limited to coaches, board members, and any other person acting in an official capacity with any organization directly overseeing ASG’s youth activities. ASG shall employ the National Alliance for Youth Sports to conduct such checks or a reputable company licensed by the State of Texas to conduct such checks. These checks shall be conducted prior to the beginning of each regular season and shall remain valid for the calendar year. ASG shall also adopt and publish a criminal background check policy to be used for determining an individual’s eligibility to coach or otherwise participate in its youth activities. Should an individual be disqualified as a result of the check, ASG will prohibit that individual from serving in any capacity with ASG’s activities. ASG shall establish a policy as to how its criminal background checks will be processed and will pay for the cost of each check. ASG shall furnish to the City a listing of the persons that have successfully undergone a criminal background check prior to the beginning of any individual’s involvement with any youth- related activities. An Association Board Member shall sign this listing for final verification of the actions taken by ASG. XIII. ASG shall furnish in writing to the City the names, addresses, and telephone numbers of persons designated as ASG’s “Field Managers.” In the case of inclement weather, it shall be the responsibility of a Field Manager to contact and discuss field playability with a “City Representative” before a scheduled game, said Representative(s) to be designated in writing by the City Manager. When this Agreement provides for a City Representative to make a decision, consult with a Field Manager, or otherwise act in connection with ASG’s use of the Park Facilities, the Field Manager must solely rely on the decision or action of a City Representative, subject to any contrary decision or action by the City Manager or a licensed peace officer acting in a law- enforcement capacity. XIV. ASG agrees to stop play and all other operations on any part of the Park Facilities by 11:00 p.m., unless it receives written permission to go beyond 11:00 p.m. from the City’s Representative. ASG shall have the responsibility to turn off all field lighting. XV. ASG agrees to pay the City a fee of $0 per resident player and $10 per non-resident player per regular season for those leagues/teams scheduled to play on any part of the Park Facilities. This fee is due to the City within two weeks after the start of each regular season. ASG shall pay a 10% late fee in addition to any fees paid after the due date. XVI. The Parties shall have the obligations and shall abide by the standards set forth in the below referenced exhibits as qualified herein. The City’s obligations as to maintenance of the Park 5 Facilities shall be limited to providing the Park Facilities in a reasonably useable condition, subject to weather and other factors beyond the City’s control. Notwithstanding any part of this Agreement, the Parties understand and agree that by entering into this Agreement, the City is not waiving any immunities or limitations of liability available to it under the law and that its obligations as set forth in this Agreement are not intended to create and do not create any duty or standard of care that a municipality would not otherwise be required to meet to avoid liability under Texas law. The nature of this Agreement is to allow ASG limited use of certain City-owned facilities provided that ASG observes the various obligations, restrictions, and limitations set forth herein. Said obligations, restrictions, and limitations are not in the nature of services provided to the City. All services that ASG provides and that relate to its use of facilities under this Agreement are services that ASG provides exclusively to its members and participants, and while this Agreement governs to some extent the manner in which said services are to be provided, the Parties understand and agree that ASG is not providing and shall not provide any goods or services to the City under this Agreement. It is further understood and agreed to by the Parties that this Agreement is not a contract subject to Chapter 271, Subchapter I. of the Texas Local Government Code. This Agreement is intended to be exclusively between and to benefit only the City and ASG, and the Parties do not intend that any third party should benefit from this Agreement or obtain any rights or claims hereunder. It is especially provided and agreed by and between ASG and the City that the exhibits referenced below shall be part of this Agreement as if set out in their entirety said exhibits being: EXHIBIT A – Facilities Maintenance EXHIBIT B – Field Inspection and Closure EXHIBIT C – Concession Buildings Maintenance XVII. This Agreement shall not become effective unless and until ASG provides the City with a true and correct copy of a certificate issued by the Office of the Texas Secretary of State—or other proof satisfactory to the City—that ASG has properly filed with said Office a statement appointing an agent authorized to receive service of process in accordance with Vernon's Ann.Texas Civ.St. Art. 1396-70.01, Sec.12 (a), et seq., as amended (the “Agent”). ASG shall thereafter provide the City with a copy, upon filing, of any amendment(s) to such statement that occur during the term of this Agreement and for two years thereafter. Further, ASG shall take all necessary steps to assure that the City has been provided written notice of the identity and the mailing address and the physical address of the Agent. The obligations in this paragraph shall survive for two years after the termination of this Agreement. XVIII. Any violation by ASG of any of the provisions of this Agreement shall result in the termination of this Agreement and the City’s obligations hereunder once the City has provided ASG with sufficient time to cure such violation after the City provides written notice of such violation. In the event any such violation relates to nonpayment or untimely payment by ASG of any sums due hereunder, ASG shall have 60 days after the City provides said notice in which to cure the violation, or such 6 other time as agreed to by the Parties in writing. In the event said violation is for other than nonpayment or untimely payment by ASG, ASG shall have 30 days after the City provides said notice in which to cure said violation, or such other time as is agreed to by the Parties in writing. Notices required to be provided under this Agreement shall be sent by certified U.S. mail, return receipt requested, and shall be considered to have been provided on the date of mailing to the following addresses: If to the City: City Manager City of Anna 111 N. Powell Parkway City of Anna, Texas 75409 If to ASG: _________________________ _________________________ _________________________ This agreement is made and entered into on the ________ day of ___________________, __________. CITY OF ANNA: ____________________________________ City Manager ANNA SPORTS GROUP: ____________________________________ Association President EXHIBIT A FACILITIES MAINTENANCE 1. The City shall maintain the turf area of all athletic fields. 2. The City shall maintain all back-stops, fences, and gates. 3. The City shall maintain all bleachers and dugouts. 4. The City shall maintain the ball field lighting systems. 5. The City shall be responsible for the maintenance of any irrigation systems. 6. The City shall be responsible for hauling off trash that has been properly deposited in trash dumpsters. 7. ASG shall provide all bases, pitching plates, soccer goals, and all other equipment required for game play. All soccer goals provided by ASG shall be removed to the edge of the maintained turf areas at the conclusion of each practice or game. Other than bases, pitching plates, soccer goals, and other game-play equipment owned by ASG, ASG shall not permit any damage or removal of any part of the Park Facilities, and shall at all times during its use of the Park Facilities maintain the Park Facilities in good and safe condition. If at any time ASG discovers any poor, damaged or unsafe condition of the Park Facilities, it shall immediately notify a City Representative of same. 8. Unless otherwise provided by the City, ASG shall perform all pre-season infield clay maintenance to include adding clay, clay renovation, and cutting infield areas and base paths. The City shall provide the clay for said maintenance. ASG shall build the pitcher’s mounds if needed. The City shall provide clay, sand, soil, etc. to be used in leveling or backfilling low areas when deemed necessary by the City. 9. Unless otherwise provided by the City, ASG shall regularly drag and maintain the infields in a weed-free and playable condition. 10. Unless otherwise provided by the City, ASG shall mark all foul lines, boundary lines, and other field markings required for game play. 11. Following any use by ASG of the athletic fields at Slayter Creek Park, ASG shall ensure that the athletic fields (turf, infields, home plate, bases, base lines, pitcher’s mound, etc.) are returned to an acceptable condition for use by other organizations consistent with the City’s policies for athletic field maintenance. ASG shall not adjust or allow any adjustment of the athletic fields at Slayter Creek Park that create bases or baselines inside a grass infield. ASG shall not make or allow any other alterations or adjustments to the athletic fields at Slayter Creek Park that are inconsistent with the use required by the Anna ISD for their UIL baseball and softball practices and games. 12. ASG shall be responsible for maintaining all Park Facilities areas and all adjacent grounds in a litter-free condition during its use of the Park Facilities. All litter shall be placed in the bins, cans, and receptacles provided by the City. The City shall provide pick up for these receptacles. 13. ASG shall be responsible for cleaning the City owned restroom facilities adjacent to the Park Facilities and shall provide all necessary supplies, during and immediately after its use of the Park Facilities. 14. ASG shall not perform any maintenance to any turf area or make any modifications to the Park Facilities without written permission from the City. 15. ASG shall be responsible for securing the Park Facilities at the end of each day or evening of play. This includes, but is not limited to, locking all gates and doors and turning off all interior building lighting, and field lighting. 16. ASG shall prohibit its coaches/players from hitting baseballs into any fence unless it occurs in the natural course of a game. Failure to enforce this policy may result in ASG incurring the costs associated with the repairs of the fencing. 17. If ASG desires to request any special park components or other special services be provided by the City for tournaments or other special events, such request shall be submitted to the City at least two weeks prior to the start of the tournament or event. EXHIBIT B FIELD INSPECTION AND CLOSURE Reasons for Athletic Field Closure 1. It is raining or there is a threat of lightning or other dangerous weather condition at game time. 2. Baseball/softball infields, outfields, soccer fields, or other turf areas are too wet. 3. Athletic Fields need to be closed in the interest of participant safety and/or preservation of good playing surfaces. City’s General Procedures for Athletic Field Closure (these are internal City procedures for informational purposes and are subject to change without notice) (Weekdays) 1. Inspect Athletic Fields by 3:00 p.m. 2. Make -decision based upon field condition or weather. 3. Consult with the appropriate Field Manager, or his/her designee, about the status of the field(s). 4. Should ASG’s Field Manager and the City Representative not agree, the decision of the City Representative shall be final. 5. Check weather and field conditions on evenings when fields will be in use after 6:00 p.m. When necessary, a City Representative will come in and close the fields affected. (Weekends) 1. Inspect Athletic Fields by 3:00 p.m. on Friday and by 7:00 a.m. on Saturday. 2. Make a decision based upon field condition or weather at the time if possible. 3. If a decision at 3:00 p.m. Friday is not possible, a City Representative familiar with the Athletic Fields will make decisions on field closure as needed throughout the weekend. 4. A City Representative will consult with ASG’s Field Manager about the status of the fields. 5. Should ASG’s Field Manager and a City Representative not agree, the decision of the City Representative shall be final. Implementation 1. The primary responsibility for making field closure decisions rests with the City Representative responsible for Athletic field maintenance. However, to the extent a Field Manager observes any weather condition or condition of the field or Park Facilities that threatens safe play, the Field Manager must stop play until the condition has ceased or been repaired and the condition is no longer a threat to safety. 2. The appropriate Association’s Field Manager has the responsibility to inform ASG and the participants about the field closure decision. EXHIBIT C CONCESSION BUILDINGS MAINTENANCE 1. ASG shall appoint a Concession Buildings manager who shall be responsible for the maintenance and operation on ASG’s concession operations and for compliance with the policies outlined in this Exhibit “C”. 2. ASG shall be responsible for cleaning the interior of the building after each and every use or event. Cleaning shall include but is not limited to the following: • All food products and all opened pre-packaged food bags or containers shall be removed from the building. Unopened pre-packaged food left in the building must be placed in the storage area off the floor and stored in a manner that prevents contamination or access by rodents, roaches or other vermin. • All countertops, tables, and other surfaces shall be wiped clean with a disinfectant cleaning product. Any stains, dirt, grease, or food product residue on the walls, doors, and window coverings shall also be removed and surfaces shall be wiped clean. • All floor spills shall be mopped and cleaned with water and a disinfectant cleaning product. • The entire floor area shall be swept clean and all food product residue shall be removed from the building. • All trash containers must be emptied and fitted with a clean plastic liner. All trash must be placed in the trash dumpster provided by the City located in the parking lot. • Barbeque grills and propane containers shall not be stored in the Concession Buildings 3. ASG shall be responsible for securing the Concession Buildings at the end of each day or evening of play, or event. This includes, but is not limited to, locking all doors and service windows and turning off all interior building lighting. 4. ASG shall not permit any damage or removal of any part of the Concession Buildings, the associated equipment and facilities, and shall at all times maintain the buildings, equipment and facilities in good and safe condition. If at any time ASG discovers any poor, damaged or unsafe condition of the building facilities or equipment, it shall immediately notify the City of same. 5. ASG shall be responsible for maintaining all Concession Building and all adjacent grounds in a litter-free condition during its use of the facilities. All litter shall be placed in the bins, cans, and receptacles provided by the City. 6. ASG shall be prohibited from performing any maintenance or making any modifications to the Facilities without written permission from the City. Item No. 5.j. City Council Agenda Staff Report Meeting Date: 2/12/2019 AG E ND A IT E M : Review 2018 Racial Profiling Report as submitted to T C O L E by the Police Department. (Chief Caponera) S UM M ARY: Texas Occupations Code 1701.164 specifies that T C O L E collect incident-based data in accordance with the C ode of Criminal P rocedure Article 2.131 – 2.138 . C hief administrators of law enf orcement agencies that meet the criteria must submit racial profiling reports to their governing body, as well as T C O L E. Each agency must file an annual online report by selecting and completing the reporting option that applies to their particular situation. Reports are filed online through the T C O L E Department Reporting System (D R S). I n Anna, we must submit a complete report. T his report must be submitted to T C O L E no later than March 1, 2019. T he purpose of the report is to ensure our police officers are not making traffic stops solely because of a persons race, gender, or ethnicity. T he completed report that was submitted to T C O L E is attached. S TAF F RE C O M M E ND AT I O N: Staff recommends approval. AT TAC HM E NT S : Description Upload Date Type Racial Profiling Report (Full Report)2/7/2019 Staff Report Racial Profiling Report (S upplemental I nformation)2/7/2019 Staff Report Racial Profiling Report | Full report Agency Name:Agency Name:Anna Police Department Reporting Date:Reporting Date:02/05/2019 TCOLE Agency Number:TCOLE Agency Number:85204 Chief Administrator:Chief Administrator:Jeff A. Caponera Agency Contact Information:Agency Contact Information: Phone:Phone:972-924-2848 Email:Email:policecomments@annatexas.gov Mailing Address:Mailing Address:101 S. Powell Parkway This Agency filed a full report Anna Police Department has adopted a detailed written policy on racial profiling. Our policy: 1.) clearly defines acts constituting racial profiling; 2.) strictly prohibit peace officers employed by the Anna Police Department from engaging in racial profiling; 3.) implements a process by which an individual may file a complaint with the Anna Police Department if the individual believes that a peace officer employed by the Anna Police Department has engaged in racial profiling with respect to the individual; 4.) provides public education relating to the agency's complaint process; 5.) requires appropriate corrective action to be taken against a peace officer employed by the Anna Police Department who, after an investigation, is shown to have engaged in racial profiling in violation of the Anna Police Department's policy adopted under this article; 6.) require collection of information relating to motor vehicle stops in which a citation is issued and to arrests made as a result of those stops, including information relating to: a.) the race or ethnicity of the individual detained; b.) whether a search was conducted and, if so, whether the individual detained consented to the search; and c.) whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; and 7.) require the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under Subdivision(6) to: a.) the Commission on Law Enforcement; and b.) the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. Executed Executed by: by: Jeff A. Caponera Chief Administrator Anna Police DepartmentAnna Police Department Date: Date: 02/05/2019 Anna Police Department Motor Vehicle Racial Profiling InformationAnna Police Department Motor Vehicle Racial Profiling Information Total stops: 2665 Gender Female:Female: 1041 Male:Male: 1624 Race or ethnicity Black:Black: 400 Asian/Pacific Islander:Asian/Pacific Islander: 35 White:White: 1947 Hispanic/Latino:Hispanic/Latino: 274 Alaska Native/American Indian:Alaska Native/American Indian: 9 Was race or ethnicity known prior to stop? Yes:Yes: 272 No:No: 2393 Reason for stop? Violation of law:Violation of law: 253 Pre existing knowledge:Pre existing knowledge: 29 Moving traffic violation:Moving traffic violation: 1804 Vehicile traffic violation:Vehicile traffic violation: 579 Street address or approximate location of the stop City street:City street: 1732 US highway:US highway: 594 State highway:State highway: 160 County road:County road: 42 Private property or other:Private property or other: 137 Was a search conducted? Yes:Yes: 66 No:No: 2599 Reason for Search? Consent:Consent: 18 Contraband:Contraband: 0 Probable cause:Probable cause: 32 Inventory:Inventory: 7 Incident to arrest:Incident to arrest: 9 Was Contraband discovered? Yes:Yes: 35 No:No: 31 Description of contraband Drugs:Drugs: 32 Currency:Currency: 0 Weapons:Weapons: 0 Alchohol:Alchohol: 6 Stolen property:Stolen property: 0 Other:Other: 0 Result of the stop Verbal warning:Verbal warning: 0 Written warning:Written warning: 1642 Citation:Citation: 994 Written warning and arrest:Written warning and arrest: 3 Citation and arrest:Citation and arrest: 26 Arrest:Arrest: 0 Arrest based on Violation of Penal Code:Violation of Penal Code: 28 Violation of Traffic Law:Violation of Traffic Law: 0 Violation of City Ordinance:Violation of City Ordinance: 0 Outstanding WarrantOutstanding Warrant 1 Was physical force resulting in bodily injury used during stop Yes:Yes: 7 No:No: 2658 Submitted electronically to the The Texas Commission on Law Enforcement Anna, TX PD Jan 1, 2018 - Dec 31, 2018 Racial Profiling Report 2018 PLEASE NOTE: The official form does not allow for Other and Unknown in the Race or Ethnicity boxes on the TCOLE website. Please contact TCOLE for instructions on how to resolve these issues. This report only includes traffic stops resulting in a citation, traffic stops resulting in a citation with an arrest, traffic stops resulting in a warning with an arrest, and field interviews that resulted in an arrest. This report does not include any stops from traffic collisions. 1. Gender FEMALE 1041 MALE 1624 Total 2665 2. Race or ethnicity ALASKA NATIVE/AMERICAN INDIAN 9 ASIAN/PACIFIC ISLANDER 35 BLACK 400 HISPANIC/LATINO 274 WHITE 1947 Total 2665 3. Was race or ethnicity known prior to stop? N 2393 Y 272 Total 2665 4. Reason for Stop? MOVING TRAFFIC VIOLATION 1804 PRE EXISTING KNOWLEDGE 29 VEHICLE TRAFFIC VIOLATION 579 VIOLATION OF LAW 253 Total 2665 7. Reason for Search? CONSENT 18 INCIDENT TO ARREST 9 INVENTORY 7 NO SEARCH 2599 PROBABLE CAUSE 32 Total 2665 8. Was Contraband discovered? N 31 Y 35 Total 66 9. Description of contraband ALCOHOL 6 DRUGS 32 Total Contraband Found 38 10. Result of the stop CITATION 994 CITATION AND ARREST 26 WRITTEN WARNING 1642 WRITTEN WARNING AND ARREST 3 Total 2665 11. Arrest based on OUTSTANDING WARRANT 1 Report Created on: Feb 5, 2019 9:42 PM Page: 1 of 2 Anna, TX PD Jan 1, 2018 - Dec 31, 2018 Racial Profiling Report 2018 PLEASE NOTE: The official form does not allow for Other and Unknown in the Race or Ethnicity boxes on the TCOLE website. Please contact TCOLE for instructions on how to resolve these issues. This report only includes traffic stops resulting in a citation, traffic stops resulting in a citation with an arrest, traffic stops resulting in a warning with an arrest, and field interviews that resulted in an arrest. This report does not include any stops from traffic collisions. 5. Street address or approximate location of the stop CITY STREET 1732 COUNTY ROAD 42 PRIVATE PROPERTY OR OTHER 137 STATE HIGHWAY 160 US HIGHWAY 594 Total 2665 6. Was a search conducted? N 2599 Y 66 Total 2665 11. Arrest based on VIOLATION OF PENAL CODE 28 Arrest Total 29 12. Was physical force resulting in bodily injury used during stop? N 2658 Y 7 Total 2665 Report Created on: Feb 5, 2019 9:42 PM Page: 2 of 2 Item No. 5.k. City Council Agenda Staff Report Meeting Date: 2/12/2019 AG E ND A IT E M : Review Annual S tate Asset Forfeiture Report as submitted to the Texas A ttorney General's Office by the police department. (Chief Caponera) S UM M ARY: Every year, police departments that seize assets under C hapter 59 of the C ode of Criminal Procedure, must complete an annual report that summarizes the number of assets forf eited and the monetary value gained by the department from their respective seizure. I n addition, the agency must certif y the expenditure of f unds received from the sale or transf er of seized assets were spent by the agency on projects and equipment pertinent to the reduction of crime. I n 2018, we started the year with a balance of $6,011 and gained $129 in interest. We sold assets that were received in F Y 2017 and received $20,985 on the sale of those assets. I n F Y 2018, we were awarded $377 from a seizure in F Y 2017. I n F Y 2018, we spent $20,626 f or equipment to help the agency become more prepared to respond to crime trends. S TAF F RE C O M M E ND AT I O N: Staff recommends approval. AT TAC HM E NT S : Description Upload Date Type State A sset F orfeiture Report 2/7/2019 Staff Report CHAPTER 59 ASSET FORFEITURE REPORT BY LAW ENFORCEMENT AGENCY :: Page 1 of 13 CHAPTER 59 ASSET FORFEITURE REPORT BY LAW ENFORCEMENT AGENCY Agency Information Agency Information Year:2018 Agency Name:Anna Police Department Agency Mailing Street: 101 S. Powell Pkwy City:Anna ZIP:75409 State:TX County:Collin Phone Number:(972) 924-2848 Agency Fiscal Beginning Month:October Agency Fiscal Ending Month:September I. Seized Funds Do not include federal seizures and/or forfeitures on this form. This form is only for those seizures and/or forfeitures made pursuant to Chapter 59 of the Texas Code of Criminal Procedure. Seized Funds Pursuant to Chapter 59 Funds that have been seized but have not yet been awarded/forfeited to your agency by the judicial system. A) Beginning Balance:$0.00 B) Seizures During Reporting Period Include only those seizures which occurred during the reporting period and where the seizure affidavit required by Article 59.03 is sworn to by a peace officer employed by your agency (E.G. seizing officer's affidavit). 1) Amount seized and retained in your agency's custody:$377.00 CHAPTER 59 ASSET FORFEITURE REPORT BY LAW ENFORCEMENT AGENCY :: Page 2 of 13 2) Amount seized and transferred to the District Attorney pending forfeiture: $0.00 3) Total Seizures - This field will be auto-calculated when you SAVE or switch sections: $377.00 C) Interest Earned on Seized Funds During Reporting Period: $0.00 D) Amount Returned to Defendants/Respondents:$0.00 E) Amount Transferred to Forfeiture Account:$0.00 F) Other Reconciliation Items (Must provide detail in box below): $0.00 Description: G) Ending Balance - This field will be auto-calculated when you SAVE or switch sections: $377.00 Ending Balance - Mailed Form: II. Forfeited Funds & Other Court Awards Forfeited Funds and Other Court Awards Pursuant to Chapter 59 Funds awarded to your agency by the judicial system and which are available to spend. A) Beginning Balance:$6,011.00 B) Amount Forfeited to and Received by Reporting Agency (Including Interest) During Reporting Period: $0.00 CHAPTER 59 ASSET FORFEITURE REPORT BY LAW ENFORCEMENT AGENCY :: Page 3 of 13 C) Interest Earned on Forfeited Funds During Reporting Period: $129.00 D) Amount Awarded Pursuant to 59.022:$0.00 E) Amount Awarded Pursuant to 59.023:$0.00 F) Proceeds Received by Your Agency From Sale of Forfeited Property: $20,985.00 G) Amount Returned to Crime Victims:$0.00 H) Other Reconciliation Items (Must provide detail in box below): $0.00 Description: I) Total Expenditures of Forfeited Funds During Reporting Period. This field will be auto-calculated once section VI has been completed and you save or switch sections.: $20,626.00 J) Ending Balance - This field will be auto-calculated when you SAVE or switch sections.: $6,499.00 I) Total Expenditure from Mailed Form: J) Ending Balance from Mailed Form: III. Other Property CHAPTER 59 ASSET FORFEITURE REPORT BY LAW ENFORCEMENT AGENCY :: Page 4 of 13 Other Property List the number of items seized for each category. Include only those seizures where a seizure is made by a peace officer employed by your agency. If property is sold, list under "Proceeds Received by Your Agency From Sale of Forfeited Property" in Section II (F) in the reporting year in which the proceeds are received. Please note - this should be a number not a currency amount. Example 4 cars seized, 3 cars forfeited and 0 cars put into use. A) Motor Vehicles (Include cars, motorcycles, tractor trailers,etc.) 1) Seized:1 2) Forfeited to Agency:0 3) Returned to Defendants/Respondents:0 4) Put into use by Agency:0 B) Real Property (Count each parcel seized as one item) 1) Seized:0 2) Forfeited to Agency:0 3) Returned to Defendants/Respondents:0 4) Put into use by Agency:0 C) Computers (Include computer and attached system components, such as printers and monitors, as one item) Please note - this should be a number not a currency amount. For example, 4 computers seized, 3 computers forfeited and 0 computers put into use. 1) Seized:0 2) Forfeited to Agency:0 3) Returned to Defendants/Respondents:0 4) Put into use by Agency:0 D) Firearms (Include only firearms seized for forfeiture under Chapter 59. Do not include weapons disposed under Chapter 18) Please note - this should be a number not a currency amount. For example, 4 firearms seized, 3 firearms forfeited, 0 firearms put into use. 1) Seized:0 2) Forfeited to Agency:0 3) Returned to Defendants/Respondents:0 4) Put into use by Agency:0 E) Other Property Please note - this should be a number not a currency amount.For example, 4 lots of tools seized, 3 lots of tools forfeited, 0 lots of tools put into use. Description Seized Forfeited To Agency Returned to Defendants/Respondents Put into use by Agency CHAPTER 59 ASSET FORFEITURE REPORT BY LAW ENFORCEMENT AGENCY :: Page 5 of 13 IV. Forfeited Property Received Forfeited Property Received From Another Agency Enter the total number of items transferred to your agency where the forfeiture judgment awarded ownership of the property to another agency prior to the transfer. A) Motor Vehicles:0 B) Real Property:0 C) Computers:0 D) Firearms:0 E) Other:0 V. Forfeited Property Transferred/Loaned Forfeited Property Transferred or Loaned to Another Agency Enter the total number of items transferred or loaned from your agency where the forfeiture judgment awarded ownership of the property to your agency prior to the transfer. A) Motor Vehicles:0 B) Real Property:0 C) Computers:0 D) Firearms:0 E) Other:0 CHAPTER 59 ASSET FORFEITURE REPORT BY LAW ENFORCEMENT AGENCY :: Page 6 of 13 VI. Expenditures: A - D A) Salaries 1) Increase of Salary, Expense or Allowance for Employees (Salary Supplements): $0.00 2) Salary Budgeted Solely From Forfeited Funds:$0.00 3) Number of Employees Paid Using Forfeiture Funds:0 4) TOTAL SALARIES PAID OUT OF CHAPTER 59 FUNDS: $0.00 Total Salaries from Mailed Form: B) Overtime 1) For Employees Budgeted by Governing Body:$0.00 2) For Employees Budgeted Solely out of Forfeiture Funds:$0.00 3) Number of Employees Paid Using Forfeiture Funds:0 4) TOTAL OVERTIME PAID OUT OF CHAPTER 59 FUNDS: $0.00 Total Overtime from Mailed Form: C) Equipment 1) Vehicles:$0.00 2) Computers:$0.00 3) Firearms, Protective Body Armor, Personal Equipment:$5,873.00 4) Furniture:$0.00 5) Software:$3,500.00 6) Maintenance Costs:$0.00 7) Uniforms:$0.00 CHAPTER 59 ASSET FORFEITURE REPORT BY LAW ENFORCEMENT AGENCY :: Page 7 of 13 8) K9 Related Costs:$0.00 9) Other (Must provide detail in box below):$11,253.00 Description: Wireless Routers (Sierra Wireless) for patrol vehicles. Assist with better connectivity to receive critical notifications and updates for officer safety, narcotic trafficking, human trafficking and wanted persons. 10) TOTAL EQUIPMENT PURCHASED WITH CHAPTER 59 FUNDS: $20,626.00 Total Equipment from Mailed Form: D) Supplies 1) Office Supplies:$0.00 2) Mobile Phone and Data Account Fees:$0.00 3) Internet:$0.00 4) Other (Must provide detail in box below):$0.00 Description: 5) TOTAL SUPPLIES PURCHASED WITH CHAPTER 59 FUNDS: $0.00 Total Supplies from Mailed Form: VI. Expenditures: E E) Travel 1) In State Travel a) Transportation:$0.00 b) Meals & Lodging:$0.00 c) Mileage:$0.00 CHAPTER 59 ASSET FORFEITURE REPORT BY LAW ENFORCEMENT AGENCY :: Page 8 of 13 d) Incidental Expenses:$0.00 e) Total In State Travel:$0.00 Total In State Travel from Mailed Form: 2) Out of State Travel a) Transportation:$0.00 b) Meals & Lodging:$0.00 c) Mileage:$0.00 d) Incidental Expenses:$0.00 e) Total Out of State Travel:$0.00 Total Out of State Travel from Mailed Form: 3) Total Travel Paid Out of Chapter 59 Funds Total Travel Paid Out of Chapter 59 Funds:$0.00 Total Travel from Mailed Form: VI. Expenditures: F - G F) Training 1) Fees (Conferences, Seminars):$0.00 2) Materials (Books, CDs, Videos, etc.):$0.00 3) Other (Must provide detail in box below):$0.00 Description: 4) TOTAL TRAINING PAID OUT OF CHAPTER 59 FUNDS: $0.00 CHAPTER 59 ASSET FORFEITURE REPORT BY LAW ENFORCEMENT AGENCY :: Page 9 of 13 Total Training from Mailed Form: G) Investigative Costs 1) Informant Costs:$0.00 2) Buy Money:$0.00 3) Lab Expenses:$0.00 4) Other (Must provide detail in box below):$0.00 Description: 5) TOTAL INVESTIGATIVE COSTS PAID OUT OF CHAPTER 59 FUNDS: $0.00 Total Investigative Costs from Mailed Form: VI. Expenditures: H - N H) Prevention / Treatment Programs / Financial Assistance / Donation 1) Total Prevention/Treatment Programs (pursuant to 59.06 (d-3(6), (h), (j) ): $0.00 2) Total Financial Assistance (pursuant to Articles 59.06 (n) and (o) ): $0.00 3) Total Donations (pursuant to Articles 59.06 (d-2)):$0.00 4) Total scholarships to children of officers killed in the line of duty (pursuant to Article 59.06 (r)): $0.00 5) TOTAL PREVENTION/TREATMENT PROGRAMS/FINANCIAL ASSISTANCE/DONATIONS (Pursuant to Articles 59.06 (d-3(6)), (h), (j), (n), (o), (d-2),$0.00 CHAPTER 59 ASSET FORFEITURE REPORT BY LAW ENFORCEMENT AGENCY :: Page 10 of 13 (r)) - This field will be auto-calculated when you SAVE or switch sections: Total PREVENTION/TREATMENT PROGRAMS/FINANCIAL ASSISTANCE/DONATIONS from Mailed Form: I) Facility Costs 1) Building Purchase:$0.00 2) Lease Payments:$0.00 3) Remodeling:$0.00 4) Maintenance Costs:$0.00 5) Utilities:$0.00 6) Other (Must provide detail in box below):$0.00 Description: 7) TOTAL FACILITY COSTS PAID OUT OF CHAPTER 59 FUNDS: $0.00 Total Facility Costs from Mailed Form: J) Miscellaneous Fees 1) Court Costs:$0.00 2) Filing Fees:$0.00 3) Insurance:$0.00 4) Witness Fees (including travel and security):$0.00 5) Audit Costs and Fees (including audit preparation and professional fees): $0.00 6) Other (Must provide detail in box below):$0.00 Description: 7) Total Miscellaneous Fees Paid Out of Chapter 59 Funds $0.00 CHAPTER 59 ASSET FORFEITURE REPORT BY LAW ENFORCEMENT AGENCY :: Page 11 of 13 - This will be auto-calculated when you SAVE or switch sections: Total Miscellaneous Costs from Mailed Form: K) Paid to State Treasury / General Fund / Health & Human Services Commission 1) Total paid to State Treasury due to lack of local agreement pursuant to 59.06 (c): $0.00 2) Total paid to State Treasury due to participating in task force not established in accordance with 59.06 (q)(1): $0.00 3) Total paid to General Fund pursuant to 59.06 (c-3) (C) (Texas Department of Public Safety only): $0.00 4)Total forfeiture funds transferred to the Health and Human Services Commission pursuant to 59.06 (p): $0.00 5) TOTAL PAID TO STATE TREASURY/ GENERAL FUND/ HEALTH & HUMAN SERVICES COMMISSION OUT OF CHAPTER 59 FUNDS: $0.00 Total Paid to State Treasury/General fund/ Health & Human Services Commission from Mailed Form: L) Total Paid to Cooperating Agency(ies) Pursuant to Local Agreement TOTAL PAID TO COOPERATING AGENCY(IES) PURSUANT TO LOCAL AGREEMENT: $0.00 M) Total Other Expenses Paid Out of Chapter 59 Funds Which Are Not Accounted For In Previous Categories TOTAL OTHER EXPENSES PAID OUT OF CHAPTER 59 FUNDS WHICH ARE NOT ACCOUNTED FOR IN PREVIOUS CATEGORIES (Must provide detail in box below): $0.00 CHAPTER 59 ASSET FORFEITURE REPORT BY LAW ENFORCEMENT AGENCY :: Page 12 of 13 Description: N) Total Expenditures TOTAL EXPENDITURES:$20,626.00 Total Expenditures from Mailed Form: Financial Professional Signature After signing and pressing "Save", using your email address and password account access, and pursuant to the terms of service, you certify that you swear or affirm that the Commissioners Court, City Council or Head of Agency (if no governing body) has requested that you conduct the audit required by Article 59.06 of the Code of Criminal Procedure and that upon diligent inspection of all relevant documents and supporting materials, you believe that the information contained in this report is true and correct to the best of your Knowledge. Do you acknowledge the above terms :Yes Typed Name of Auditor/Treasurer/Accounting Professional/Preparer:: Dana Thornhill Title:Finance Director Head of Agency Certification After signing and pressing "Submit" using your email address and password account access, and pursuant to the terms of service you swear or affirm, under penalty of perjury, that you have accounted for the seizure, forfeiture, receipt, and specific expenditure of all proceeds and property subject to Chapter 59 of the Code of Criminal Procedure, and that upon diligent inspection of all relevant documents and supporting materials, this asset forfeiture report is true and correct and contains all information required by Article 59.06 of the Code of Criminal Procedure. You further swear or affirm that, to the best of your knowledge, all expenditures reported herein were lawful and proper, and made in accordance with Texas law. Do you acknowledge the above terms :Yes Year:2018 Typed Name of Head of CHAPTER 59 ASSET FORFEITURE REPORT BY LAW ENFORCEMENT AGENCY :: Page 13 of 13 Agency::Jeff A Caponera Title:Chief of Police Date:1/4/2019 Comments: Item No. 5.l. City Council Agenda Staff Report Meeting Date: 2/12/2019 AG E ND A IT E M : Review F Y 18 A nnual Certification Report submitted by the Police Department to the US Department of J ustice. (Chief Caponera) S UM M ARY: Similar to the State Asset F orf eiture program, one of the ancillary benef its of asset f orfeiture is the potential to share federal forfeiture proceeds with cooperating state and local law enforcement agencies through equitable sharing. The Department of J ustice and the Department of the Treasury Equitable Sharing P rograms enhance cooperation among federal, state, local, and tribal law enf orcement by providing valuable additional resources to state and local law enforcement agencies. F ederal law authorizes the A ttorney General and the S ecretary of the Treasury to share federally f orf e ited property with participating state and local law enforcement agencies. Anna P D is a participant in this program. Although we did not receive or expend any funds through this program during F Y 2018, we must submit an Equitable S haring A greement and C ertif ication (E S A C ) to the Department of J ustice (D O J ) within 60 days of the close of the previous fiscal year to remain compliant. The attached E S A C is what we submitted to the D O J . S TAF F RE C O M M E ND AT I O N: Staff recommends approval. AT TAC HM E NT S : Description Upload Date Type E S A C 2/7/2019 Staff Report OMB Number 1123-0011 Expires: November 30, 2021 Equitable Sharing Agreement and Certification NCIC/ORI/Tracking Number: TX0432600 Agency Name: Anna Police Department Type: Police Department Mailing Address: 101 South Powell Parkway Anna, TX 75409 Agency Finance Contact Name: Caponera, Jeff A Phone: 214-831-5312 Jurisdiction Finance Contact Name: Thornhill, Dana Phone:2148315371 ESAC Preparer Name: Caponera, Jeff A Phone: 214-831-5312 Email:jcaponera@annatexas.gov Email: dthornhill@annatexas.gov Email:jcaponera@annatexas.gov FY End Date: 09/30/2018 Agency FY 2019 Budget: $2,376,057.00 Annual Certification Report l Summary of Equitable Sharing Activity Justice FundsTreasury Funds z 1 Begining Equitable Sharing Fund Balance $2,888.11 $0.00 2 Equitable Sharing Funds Received $0.00 $0.00 3 Equitable Sharing Funds Received from Other Law Enforcement Agencies and Task Force $0.00 $0.00 4 10ther Income $0.00 $0.00 5 Interest Income $28.05 $0.00 6 Total Equitable Sharing Funds Received (total of lines 1-5) $2,916.16 $0.00 7 Equitable Sharing Funds Spent (total or lines a - n ) $0.00 $0.00 8 Ending Equitable Sharing Funds Balance difference between line 7 and line 6 $2,916.16 $0.00 1Department of Justice Asset Forfeiture Program participants are: FBI, DEA, ATF, USPIS, USDA, DCIS, DSS, and FDA 2Department of the Treasury Asset Forfeiture Program participants are: IRS, ICE, CBP and USSS. Summary of Shared Funds Spent Justice Funds Treasury Funds a Law Enforcement Operations and Investigations $0.00 $0.00 b Training and Education $0.00 $0.00 c Law Enforcement, Public Safety, and Detention Facilities $0.00 $0.00 d Law Enforcement Equipment $0.00 $0.00 e lJoint Law Enforcement/Public Safety Equipment and Operations $0.00 $0.00 f Contracts for Services $0.00 $0.00 Law Enforcement Travel and Per Diem $0.00 $0.00 h Law Enforcement Awards and Memorials $0.00 $0.00 i Drug, Gang, and Other Education or Awareness Programs $0.00 $0.00 j IMatching Grants $0.00 $0.00 k ITransfers to Other Participating Law Enforcement Agencies $0.00 $0.00 1 Support of Community -Based Programs $0.00 m Non -Categorized Expenditures $0.00 $0.00 In Salaries $0.00 $0.00 Total $0.00 $0.00 Date Printed: 11/19/2018 Page 1 of 5 Equitable Sharing Funds Received From Other Agencies Transferring Agency Name Justice Funds Treasury Funds ncome Other Income Type Justice Funds Treasury Funds ng Grants Matching Grant Name Justice Funds Treasury Funds Transfers to Other Participating Law Enforcement Agencies Receiving Agency Name Justice Funds Treasury Funds Support of Community -Based Programs Recipient Justice Funds Non -Categorized Expenditures Description Justice Funds Treasury Funds Salaries Salary Type Justice Funds Treasury Funds Paperwork Reduction Act Notice Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a valid OMB control number. We try to create accurate and easily understood forms that impose the least possible burden on you to complete. The estimated average time to complete this form is 30 minutes. If you have comments regarding the accuracy of this estimate, or suggestions for making this form simpler, please write to the Asset Forfeiture and Money Laundering Section at 1400 New York Avenue, N.W., Washington, DC 20005. Privacy Act Notice The Department of Justice is collecting this information for the purpose of reviewing your equitable sharing expenditures. Providing this information is voluntary; however, the information is necessary for your agency to maintain Program compliance. Information collected is covered by Department of Justice System of Records Notice, 71 Fed. Reg. 29170 (May 19, 2006), JMD-022 Department of Justice Consolidated Asset Tracking System (CATS). This information may be disclosed to contractors when necessary to accomplish an agency function, to law enforcement when there is a violation or potential violation of law, or it accordance with other published routine uses. For a complete list of routine uses, see the System of Records Notice as amended by subsequent publications. Single Audit Information Independent Auditor Name: Abbott, Rod Company: LaFollett and Abbott Phone:903-546-6975 Email: rod.abbott@lafollettcpa.com Date Printed: 11/19/2018 Page 2 of 5 Were equitable sharing expenditures included on your jurisdiction's prior fiscal year's Schedule of Expenditures of Federal Awards (SEFA)? YES ❑ NO X❑ Prior year Single Audit Number Assigned by Harvester Database: Date Printed: 11/19/2018 Page 3 of 5 Guide to Equitable Sharing for State, Local, and Tribal Law Enforcement Agencies (Guide) et seq.et seq et seq Guide Guide Guide, Guide 7. Freedom of Information Act (FOIA). Information provided in this Document is subject to the FOIA requirements of the Department of Justice and the Department of the Treasury. Agencies must follow local release of information policies. 8. Waste, Fraud, or Abuse. An Agency or governing body is required to immediately notify the Money Laundering and Asset Recovery Section of the Department of Justice and the Executive Office for Asset Forfeiture of the Department of the Treasury of any allegations or theft, fraud, waste, or abuse involving federal equitable sharing funds. Civil Rights Cases During the past fiscal year: (1) has any court or administrative agency issued any finding, judgment, or determination that the Agency discriminated against any person or group in violation of any of the federal civil rights statutes listed above; or (2) has the Agency entered into any settlement agreement with respect to any complaint filed with a court or administrative agency alleging that the Agency discriminated against any person or group in violation of any of the federal civil rights statutes listed above? ❑ Yes ® No Agency Head Name:Caponera, Jeff Title: Chief of Police Email: jcaponera@annatexas.gov Signature: Submitted Electronically Date: 11 /19/2018 To the best of my knowledge and belief, the information provided on this ESAC is true and accurate and has been reviewed and authorized by the Law Enforcement Agency Head whose name appears above. Entry of the Agency Head name above indicates his/her agreement to abide by the Guide, any subsequent updates, and the Code of Federal Regulations, including ensuring permissibility of expenditures and following all required procurement policies and procedures. Governing Body Head Name: Pike, Nathan Title: Mayor Email: npike@annatexas.gov Signature: Submitted Electronically Date: 11 /19/2018 To the best of my knowledge and belief, the Agency's current fiscal year budget reported on this ESAC is true and accurate and the Governing Body Head whose name appears above certifies that the agency's budget has not been supplanted as a result of receiving equitable sharing funds. Entry of the Governing Body Head name above indicates his/her agreement to abide by the policies and procedures set forth in the Guide, any subsequent updates, and the Code of Federal Regulations. X❑ I certify that I have obtained approval from and I am authorized to submit this form on behalf of the Agency Head and the Governing Body Head. Submitted Electronically on 11/19/2018 Date Printed: 11/19/2018 Page 5 of 5 Item No. 6. City Council Agenda Staff Report Meeting Date: 2/12/2019 AG E ND A IT E M : Consider/Discuss/Action approving Third A mended Villages of Hurricane Creek S ubdivision I mprovement Agreement. (Dana Thornhill) S UM M ARY: S TAF F RE C O M M E ND AT I O N: AT TAC HM E NT S : Description Upload Date Type Agreement 2/7/2019 Exhibit THIRD AMENDED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT PAGE 1 THIRD AMENDED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT This Third Amended Villages of Hurricane Creek Subdivision Improvement Agreement (this “Third Amendment”) is entered into between the CITY OF ANNA, TEXAS, (the “City”), and CADG Hurricane Creek, LLC, a Texas limited liability company (“Developer”): RECITALS WHEREAS, this Third Amendment amends that certain First Amended and Restated Villages of Hurricane Creek Subdivision Improvement Agreement entered into between the City and the Developer effective as of August 28, 2018 and recorded under Instrument No. 20181002001230020 in the real property records of Collin County, Texas (the “First Amendment”), as amended by that certain Second Amended Villages of Hurricane Creek Subdivision Improvement Agreement between the City and the Developer effective as of November 13, 2018 and recorded under Instrument No. 20181214001522280 in the real property records of Collin County, Texas (the “Second Amendment”); and WHEREAS, the First Amendment and Second Amendment are only modified as expressly set forth in this Third Amendment and the First Amendment and Second Amendment otherwise remain in full force and effect; and WHEREAS, the First Amendment states that the boundaries of the TIRZ created on December 8, 2015 (“TIRZ No. 1”) are coterminous with the boundaries of the PID; and WHEREAS, the Parties intend to terminate TIRZ No. 1 and create a new TIRZ (“TIRZ No. 2”) that encompasses the Phase 1 Development (as such term is defined in the First Amendment) for a term of thirty years; and WHEREAS, the Parties intend for the City to create an additional TIRZ for each subsequent phase of development on the Property; and WHEREAS, under the First Amendment the City and the Developer agreed to certain deadlines involving the Developer’s request for the City to issue PID Bonds and the City’s issuance of PID Bonds, which deadlines were extended under the Second Amendment; and WHEREAS, the City and the Developer desire to extend said deadlines as set forth in this Third Amendment; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and the Developer agree as follows: 1. The First Amendment and Second Amendment Remain in Full Force and Effect. The City and Developer acknowledge and agree that, except to the extent amended herein, all provisions and terms contained in the First Amendment and Second Amendment remain in full force and effect. THIRD AMENDED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT PAGE 2 2. Specific provisions contained in the First Amendment shall be amended as follows: Amendments to Article II “Definitions”. The City and the Developer agree that those certain defined terms in Article II of the First Amendment shown below are hereby deleted and replaced with the following: TIRZ means a tax increment reinvestment zone the City intends to create for the benefit of the Property or a portion of the Property pursuant to Chapter 311, Texas Tax Code. TIRZ Board means the board of directors of each TIRZ created on the Property that will be established in accordance with the TIRZ Act. TIRZ Increment means an amount currently estimated at 64.19%, which actual percentage shall be determined at the sale of the series of PID Bonds for each respective phase (such bonds to include financing of major improvements for the Property in one or more series), of the ad valorem tax increment, as determined on a parcel by parcel basis each year under Section 311.012 of the Texas Tax Code, that is generated by the portion of the Property within each TIRZ from ad valorem taxes levied and collected by the City, less TIRZ administrative expenses for a term of thirty years. TIRZ Projects means a certain portion of the Authorized Improvements, as described in Exhibit B, not to exceed $7,400,000.00 to be undertaken by the PID as well as any TIRZ. Amendment to Section 5.3 “Roadway Facilities” subsection (a) “Developer’s Obligations”. The City and the Developer agree that Section 5.3(a) of the First Amendment is hereby amended to add an additional Developer roadway obligation and to add Exhibit D-5 depicting such obligation as follows: (4) Prior to recording a final plat in the Land Recordings with the Collin County Clerk’s Office for the first (1st) phase of the Development, Developer shall complete in a good and workmanlike manner construction of the Developer’s proportionate share of the portion of Standridge Boulevard estimated to cost $198,000, as such portion of Standridge Boulevard is depicted on Exhibit D-5 attached hereto. Amendments to Section 5.9 “Performance Window; Development Agreement Extension Fee, Election to Terminate”. The City and the Developer agree that Section 5.9 of the First Amendment, as amended by the Second Amendment, is hereby amended so that: (1) all instances of the date “March 15, 2019” are hereby changed to “April 15, 2019”. The City and the Developer further agree that, by signing this Third Amendment, the Developer has fully satisfied its obligation to request that the City issue PID Bonds on or before December 10, 2018 in accordance with Section 5.9 of the First Amendment, as amended by the Second Amendment, and no further action is needed by the Developer with respect to such request. Amendment to Article VIII, “TIRZ”. The City and the Developer agree that Article VIII of the First Amendment is hereby deleted and replaced with the following: THIRD AMENDED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT PAGE 3 ARTICLE VIII TIRZ 8.1 Tax Increment Reinvestment Zone. (a) Prior to the issuance of the first series of PID Bonds, the City shall exercise its powers under the TIRZ Act and: (i) terminate TIRZ No. 1 encompassing the Property, (ii) create TIRZ No. 2 encompassing the Phase 1 Development for a term of thirty years, and (iii) subject to TIRZ Board and City Council approval adopt, approve, and execute the TIRZ Documents for TIRZ No. 2. (b) If the PID Bonds are issued in accordance with this Agreement, the City agrees that it will create, operate and maintain a TIRZ over each development phase of the Property with the intention to provide revenue to pay for: (i) the construction or acquisition of Authorized Improvements to serve the Property; (ii) to reimburse the Developer for any costs advanced or expended by the Developer related to the construction or acquisition of Authorized Improvements; and/or (iii) to pay PID Bond Assessments or to retire all or part of the debt created by PID Bonds. Determination of which of the three purposes (or a combination of those purposes), referenced above, for which the TIRZ Increment shall be expended will be at the City’s sole discretion. The City shall deposit and disburse, or cause to be deposited and disbursed, the TIRZ Increment in accordance with the TIRZ Project and Finance Plan for each TIRZ created for each phase of development. The term of each TIRZ created on the Property shall be thirty (30) years from the year of its creation, and the total combined amount of the TIRZ Increment to be provided for the purposes described above shall not exceed the Maximum TIRZ Contribution; provided that any TIRZ Increments due and uncollected as of the termination date of the last remaining TIRZ created on the Property shall be deposited and disbursed, when and if received by the City, in accordance with the TIRZ Project and Finance Plan. If the total amount of the TIRZ Increment collected and disbursed reaches the Maximum TIRZ Contribution during the term of any TIRZ, then the remaining TIRZs may be terminated at the City's sole discretion and the City shall have no further obligations with respect to any TIRZ. The members of each TIRZ Board shall be appointed by the City Council in accordance with Chapter 311, Texas Tax Code. 8.2 Adjustment. The amount of the Maximum TIRZ Contribution shall be reduced by: (i) the amount that actual debt service and additional interest for delinquency and prepayment reserves on the PID Bonds (plus TIRZ administrative expenses) issued to fund the first $7,400,000 of Authorized Improvements is less than the amount shown as “Net Debt Service and Other Payments” on page 6 of Exhibit P; (ii) the amount of debt service of the PID Bonds issued to fund the first $7,400,000 of Authorized Improvements is reduced as a result of the City providing funds, other than PID Bond Assessment or TIRZ Increments, to discharge or pay debt service on such PID Bonds; and (iii) the amount of any payments of assessments made by the City from funds other than PID Bond Assessment or TIRZ Increments. 8.3 Additional TIRZ Qualified Projects. In addition to the Authorized Improvements attached as Exhibit B, qualified public improvement projects such as roads, sewers, drainage, water, right-of-way and real estate acquisition projects (including the public safety property) totaling $2,629,943.00 (the “TIRZ Qualified Projects”) are included in the Maximum TIRZ THIRD AMENDED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT PAGE 4 Contribution, subject to Section 8.2, and shall be added to the Authorized Improvements to the extent such TIRZ Qualified Projects are not already included. 8.4 Conflict. To that this Agreement conflicts with the TIRZ Project and Finance Plan approved by the City, this Agreement shall control. Amendment to Section 10.2 “Remedies”. The City and the Developer agree that Section 10.2 of the First Amendment, as amended by the Second Amendment, is hereby amended so that: (1) the date of “March 15, 2019” is hereby changed to “April, 2019”. The City and the Developer further agree that, by signing this Third Amendment, the Developer has fully satisfied its obligation to request that the City issue PID Bonds on or before December 10, 2018 in accordance with Section 10.2 of the First Amendment, as amended by the Second Amendment, and no further action is needed by the Developer with respect to such request. 3. The City represents and warrants that this Third Amendment has been duly adopted by official action of the City Council in accordance with all applicable public notice requirements (including, but not limited to, notices required by the Texas Open Meetings Act), and that the individual executing this Third Amendment on behalf of the City has been duly authorized to do so. The Developer represents and warrants that this Third Amendment has been approved by the appropriate action of the Developer, and that the individuals executing this Third Amendment on behalf of the Developer have been duly authorized to do so. 4. This Third Amendment may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. EXECUTED BY THE PARTIES TO BE EFFECTIVE ON FEBRUARY 12, 2019: THIRD AMENDED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT S-1 CITY OF ANNA By: ______________________________ Name: Nate Pike Title: Mayor Date: APPROVED AS TO FORM Name: Clark McCoy Title: City Attorney STATE OF TEXAS § § COUNTY OF COLLIN § This instrument was acknowledged before me on the __ day of _______, 2019 by Nate Pike, Mayor of the City of Anna, Texas on behalf of said City. Notary Public, State of Texas (SEAL) Name printed or typed Commission Expires: THIRD AMENDED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT S-2 DEVELOPER: CADG Hurricane Creek, LLC, a Texas limited liability company By: CADG Holdings, LLC, a Texas limited liability company Its: Member By: MMM Ventures, LLC, a Texas limited liability company Its: Manager By: 2M Ventures, LLC, a Delaware limited liability company Its: Manager By:______________________________ Name: Mehrdad Moayedi Its: Manager STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of ________________, 2019 by Mehrdad Moayedi, Manager of 2M Ventures, LLC, a Delaware limited liability company, as Manager of MMM Ventures, LLC, a Texas limited liability company, as Manager of CADG Holdings, LLC, a Texas limited liability company, as Member of CADG Hurricane Creek, LLC, a Texas limited liability company, on behalf of said company. ___________________________________ Notary Public, State of Texas THIRD AMENDED VILLAGES OF HURRICANE CREEK SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT D-5 Exhibit D-5 [ROAD] IMPROVEMENT Item No. 7. City Council Agenda Staff Report Meeting Date: 2/12/2019 AG E ND A IT E M : Consider/Discuss/Action on a Resolution of the City Of A nna, Texas determining the costs of certain authorized improvements to be financed by the Hurricane Creek P ublic I mprovement District; approving a preliminary service plan and assessment plan, including proposed assessment rolls; calling a regular meeting and noticing a public hearing for March 12, 2019 to consider an ordinance levying assessments on property located within the Hurricane Creek Public I mprovement District; directing the filing of the proposed assessment rolls with the City Secretary to make available for public inspection; directing city staff to publish and mail notice of said public hearing; and resolving other matters incident and related thereto. (Dana T hornhill) S UM M ARY: S TAF F RE C O M M E ND AT I O N: AT TAC HM E NT S : Description Upload Date Type Resolution 2/7/2019 Resolution CITY OF ANNA, TEXAS RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF ANNA, TEXAS DETERMINING THE COSTS OF CERTAIN AUTHORIZED IMPROVEMENTS TO BE FINANCED BY THE HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT; APPROVING A PRELIMINARY SERVICE PLAN AND ASSESSMENT PLAN, INCLUDING PROPOSED ASSESSMENT ROLLS; CALLING A REGULAR MEETING AND NOTICING A PUBLIC HEARING FOR March 12, 2019 TO CONSIDER AN ORDINANCE LEVYING ASSESSMENTS ON PROPERTY LOCATED WITHIN THE HURRICANE CREEK PUBLIC IMPROVEMENT DISTRICT; DIRECTING THE FILING OF THE PROPOSED ASSESSMENT ROLLS WITH THE CITY SECRETARY TO MAKE AVAILABLE FOR PUBLIC INSPECTION; DIRECTING CITY STAFF TO PUBLISH AND MAIL NOTICE OF SAID PUBLIC HEARING; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO. RECITALS WHEREAS, the Public Improvement District Assessment Act, Texas Local Government Code, Chapter 372, as amended (the "Act") authorizes the governing body (the “City Council”) of the City of Anna, Texas (the “City”) to create a public improvement district within the City; and WHEREAS, on October 23, 2018, the City Council conducted a public hearing to consider a petition received by the City on October 19, 2018 titled “Petition for the Creation of a Public Improvement District within the city of Anna, Texas, for the Hurricane Creek Public Improvement District” requesting the creation of a public improvement district; and WHEREAS, on November 13, 2018, the City Council approved Resolution No. 2018-11- 506 (the “Authorization Resolution”), authorizing, establishing and creating the Hurricane Creek Public Improvement District (the "District"); and WHEREAS, the City authorized the creation of the District and the issuance of up to $30,000,000.00 in bonds for the District to finance certain public improvements authorized by the Act for the benefit of the property within the District (the "Authorized Improvements"); and WHEREAS, the City Council and the City staff have been presented a " Hurricane Creek Public Improvement District Preliminary Service and Assessment Plan", including the proposed assessment rolls attached thereto (the "Proposed Assessment Rolls"), dated _________, 2019 (collectively, the "Preliminary SAP"), a copy of which is attached hereto as Exhibit A and is incorporated herein for all purposes; and WHEREAS, the Preliminary SAP sets forth the estimated total costs of certain Authorized Improvements to be financed by the District for the initial phase of development and the Proposed Assessment Rolls state the assessments proposed to be levied against each parcel of land in the District as determined by the method of assessment chosen by the City; and WHEREAS, the Act requires that the Proposed Assessment Rolls be filed with the City Secretary of the City (the “City Secretary”) and be subject to public inspection; and WHEREAS, the Act requires that a public hearing (the “Assessment Hearing”) be called to consider proposed assessments and requires the City Council to hear and pass on any objections to the proposed assessments at, or on the adjournment of, the Assessment Hearing; and WHEREAS, the Act requires that notice of the Assessment Hearing be mailed to property owners liable for assessment and published in a newspaper of general circulation in the City before the tenth (10th) day before the date of the Assessment Hearing. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS AS FOLLOWS: SECTION 1. THAT the recitals set forth above in this Resolution are true and correct and are hereby adopted as findings of the City Council and are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2. THAT the City Council does hereby accept the Preliminary SAP for the District, including the Proposed Assessment Rolls, a copy of which is attached hereto as Exhibit A and is incorporated herein for all purposes. All capitalized terms not otherwise defined herein shall have the meanings given to such terms in the Preliminary SAP. SECTION 3. THAT the City Council hereby determines that the total costs of the Major Improvement Area Projects (as defined in the Preliminary SAP) to be financed by the District are as set forth in Exhibit G and the total costs of the Improvement Area #1 Projects (as defined in the Preliminary SAP) to be financed by the District are as set forth in Exhibit G of the Preliminary SAP, which costs do include the payment of expenses incurred in the administration of the District or related to the issuance of any bonds. SECTION 4. THAT the City Council’s final determination and approval of the costs of the Major Improvement Area Projects and the Improvement Area #1 Projects, or any portion thereof, shall be subject to and contingent upon City Council approval of a final Service and Assessment Plan which will include final Assessment Rolls, after the properly noticed and held Assessment Hearing. SECTION 5. THAT the Proposed Assessment Rolls state the assessment proposed to be levied against each parcel of land in the District as determined by the method of assessment chosen by the City in the Authorization Resolution and as more fully described in the Preliminary SAP. SECTION 6. THAT the City Council expressly defers the levy of assessments against property within future phases for phase-specific improvements that will benefit only the property within each subsequent phase until such time as the costs of such phase-specific improvements can be determined with certainty as referenced in the Preliminary SAP. SECTION 7. THAT the City Council hereby authorizes and directs the filing of the Proposed Assessment Rolls with the City Secretary and the same shall be available for public inspection. SECTION 8. THAT the City Council hereby authorizes, and calls, a meeting and a public hearing (the Assessment Hearing as defined above) to be held on March 12, 2019 at 7:00 p.m. at Anna Council Chambers, 111 N. Powell Parkway, Anna, TX 75409, at which the City Council shall, among other actions, hear and pass on any objections to the proposed assessments; and, upon the adjournment of the Assessment Hearing, the City Council will consider an ordinance levying the assessments as special assessments on property within the District (which ordinance shall specify the method of payment of the assessments). SECTION 9. THAT the City Council hereby authorizes and directs the City Secretary to publish notice of the Assessment Hearing to be held on March 12, 2019, in substantially the form attached hereto as Exhibit B and incorporated herein for all purposes, in a newspaper of general circulation in the City, on or before March 1, 2019, which is before the tenth (10th) day before the date of the Assessment Hearing, as required by Section 372.016(b) of the Act. SECTION 10. THAT when the Proposed Assessment Rolls are filed with the City Secretary, the City Council hereby authorizes and directs the City Secretary to mail to owners of property liable for assessment notice of the Assessment Hearing to be held on March 12, 2019, on or before March 1, 2019, as required by Section 372.016(c) of the Act. SECTION 11. THAT City staff is authorized and directed to take such other actions as are required (including, but not limited to, notice of the public hearing as required by the Texas Open Meetings Act) to place the public hearing on the agenda for the March 12, 2019 meeting of the City Council. SECTION 12. THAT this Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED on this the 12th day of February, 2019. ATTEST: _____________________________ Nate Pike, Mayor ____________________________ Carrie L. Smith, City Secretary EXHIBIT A PRELIMINARY SERVICE AND ASSESSMENT PLAN EXHIBIT B CITY OF ANNA, TEXAS NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT a public hearing will be conducted by the City Council of Anna, Texas on March 12, 2019 at 7:00 p.m.at Anna City Council Chambers, 111 N. Powell Parkway., Anna, Texas 75409. The public hearing will be held to consider proposed assessments to be levied against the assessable property within the Hurricane Creek Public Improvement District (the “District”) pursuant to the provisions of Chapter 372 of the Texas Local Government Code, as amended (the “Act”). The general nature of the proposed public improvements (collectively, the "Authorized Improvements") may include: (i) street and roadway improvements, including related sidewalks, drainage, utility relocation, signalization, landscaping, lighting, signage, off-street parking and right-of-way; (ii) establishment or improvement of parks and open space, together with the design, construction and maintenance of any ancillary structures, features or amenities such as trails, playgrounds, walkways, lighting and any similar items located therein; (iii) sidewalks and landscaping, including entry monuments and features, fountains, lighting and signage; (iv) acquisition, construction, and improvement of water, wastewater and drainage improvements and facilities; (v) projects similar to those listed in subsections (i) - (iv) above authorized by the Act, including similar off-site projects that provide a benefit to the property within the District; (vi) special supplemental services for improvement and promotion of the District as approved by the City; (vii) payment of costs associated with operating and maintaining the public improvements listed in subparagraphs (i) - (vi) above; and (viii) payment of costs associated with developing and financing the public improvements listed in subparagraphs (i) - (vi) above, and costs of establishing, administering and operating the District. These Authorized Improvements shall promote the interests of the City and confer a special benefit upon the Property. The total costs of the Major Improvement Area Projects and the Improvement Area #1 Projects, including the costs of creating the District and issuing the bonds, is approximately $12,240,435. The total costs of Authorized Improvements to benefit future phases within the District cannot be determined with certainty at this time, but shall not exceed an additional $17,759,565. The boundaries of the District include approximately 368.2 acres of land generally located north of FM 455, west of US highway 75, and east of Anna’s western city limits, located within the City and as more particularly described by a metes and bounds description available at Anna City Hall located 11 N. Parkway, Anna, Texas 75409 and available for public inspection. All written or oral objections on the proposed assessment within the District will be considered at the public hearing. A copy of the Major Improvement Area Assessment Roll and the Improvement Area #1 Assessment Roll, (collectively, the "Assessment Rolls"), which Assessment Rolls include the assessments to be levied against each parcel in the District for the Improvement Area #1 Projects and the Major Improvement Area Projects, is available for public inspection at the office of the City Secretary, 111 N. Powell Parkway, Anna, Texas 75409. Item No. 8. City Council Agenda Staff Report Meeting Date: 2/12/2019 AG E ND A IT E M : Consider/Discuss/Action on an Ordinance of the City Council of the City of A nna, Texas, terminating Tax I ncrement Reinvestment District Number One, City of A nna, Texas; providing for other matters related thereto; and providing an effective date. (Dana Thornhill) S UM M ARY: S TAF F RE C O M M E ND AT I O N: AT TAC HM E NT S : Description Upload Date Type Ordinance 2/7/2019 Ordinance 1 CITY OF ANNA ORDINANCE NO. ____________ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, TERMINATING TAX INCREMENT REINVESTMENT DISTRICT NUMBER ONE, CITY OF ANNA, TEXAS; PROVIDING FOR OTHER MATTERS RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 708-2015, the City of Anna, Texas (the "City"), created Tax Increment Reinvestment District Number One, City of Anna, Texas ("TIRZ No. 1"); WHEREAS, Ordinance No. 708-2015 provides that TIRZ No. 1 may be terminated in the event there has been insufficient private investment in TIRZ No. 1 or for other good cause; WHEREAS, this City Council hereby finds and determines that there has been insufficient private investment In TIRZ No. 1, there has been no tax increments collected in TIRZ No. 1, there are no outstanding obligations of TIRZ No.1 and there have been no project costs incurred by the TIRZ No. 1; WHEREAS, this City Council hereby further finds and determines that the continued existence of TIRZ No. 1 will not promote the development and redevelopment of the property within TIRZ No. 1 and that it is in the best interests of the City and to enable the development and redevelopment of such property to terminate TIRZ No. 1; and WHEREAS, it is hereby officially found and determined that the meeting at which this ordinance is adopted was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Government Code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. The recitals set forth in the preamble hereof are incorporated herein and shall have the same force and effect as if set forth in this Section. Section 2. Tax Increment Reinvestment District Number One, City of Anna, Texas, is hereby terminated and shall no longer be in force or effect. Section 3. This Ordinance shall be effective immediately upon its adoption by the City Council. 2 PASSED, APPROVED AND EFFECTIVE this February 12, 2019. ATTESTED: ______________________________ _______________________________ Carrie L. Smith, City Secretary Nate Pike, Mayor City of Anna, Texas City of Anna, Texas [CITY SEAL] Item No. 9. City Council Agenda Staff Report Meeting Date: 2/12/2019 AG E ND A IT E M : Consider/Discuss/Action on a Resolution setting a public hearing under section 311.003 of the Texas Tax Code for the creation of a tax increment reinvestment zone within the City Of A nna, Texas; authorizing the issuance of notice by the City Secretary of Anna, Texas regarding the public hearing; and directing the city to prepare a preliminary reinvestment zone financing plan. (Dana Thornhill) S UM M ARY: S TAF F RE C O M M E ND AT I O N: AT TAC HM E NT S : Description Upload Date Type Resolution 2/7/2019 Resolution TIRZ Hearing Resolution Page 1 of 5 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION SETTING A PUBLIC HEARING UNDER SECTION 311.003 OF THE TEXAS TAX CODE FOR THE CREATION OF A TAX INCREMENT REINVESTMENT ZONE WITHIN THE CITY OF ANNA, TEXAS; AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY SECRETARY OF ANNA, TEXAS REGARDING THE PUBLIC HEARING; AND DIRECTING THE CITY TO PREPARE A PRELIMINARY REINVESTMENT ZONE FINANCING PLAN. WHEREAS, the City of Anna, Texas (the “City”), is authorized under Chapter 311 of the Texas Tax Code, as amended (the “Act”), to create a tax increment reinvestment zone within its city limits; WHEREAS, the City Council of the City (the “City Council”) wishes to hold a public hearing in accordance with Section 311.003 of the Act regarding the establishment of a tax increment reinvestment zone in the City (the “Zone”) with the boundaries being described in the metes and bounds attached as Exhibit A; and WHEREAS, in order to hold a public hearing for the creation of the Zone, notice must be given in a newspaper of general circulation in the City no later than the 7th day before the date of the hearing in accordance with Section 311.003 of the Act; and WHERAS, the City Council has determined to hold a public hearing on March 12, 2019 on the creation of the Zone. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: Section 1. That a public hearing is hereby called for March 12, 2019 at 7:00 p.m. at Anna Council Chambers, 111 N. Powell Parkway, Anna, TX 75409, for the purpose of hearing any interested person speak for or against the inclusion of property in the proposed Zone, the creation of the Zone, its boundaries, or the concept of tax increment financing with respect to the creation of the Zone. Section 2. At such time and place the City Council will hear testimony regarding the creation of the Zone and will provide a reasonable opportunity for the owner of any property within the proposed Zone to protest the inclusion of their property within the Zone. Upon closing the public hearing, the City Council may consider the adoption of an ordinance authorizing the creation of the Zone. Section 3. Attached hereto as Exhibit B is a form of the Notice of Public Hearing, the form and substance of which is hereby adopted and approved. TIRZ Hearing Resolution Page 2 of 5 Section 4. The City Secretary is hereby authorized and directed to cause said notice to be published in substantially the form attached hereto in a newspaper of general circulation in the City on or before March 4, 2019. Section 5. Before the March 12, 2019 hearing concerning the Zone, the City shall prepare a preliminary reinvestment zone financing plan. Section 6. This resolution shall be in full force and effect from and after its passage and it is accordingly so resolved. PASSED AND APPROVED on this the 12th day of February, 2019. ATTEST: _____________________________ Nate Pike, Mayor ____________________________ Carrie L. Smith, City Secretary TIRZ Hearing Resolution Page 3 of 5 EXHIBIT A Metes and Bounds for the Zone LEGAL DESCRIPTION BEING a tract of land situated in the Joseph Boyle Survey, Abstract Number 105, W.S. Rattan Survey, Abstract Number 752, T. Rattan Survey, Abstract Number 782, and the J. Coffman Survey, Abstract Number 197, Collin County, Texas and being part of that tract of land described in deed to CADG Hurricane Creek, LLC, recorded in Instrument Number 20150529000631020 of the Official Public Records of Collin County, Texas and being more particularly described as follows: BEGINNING at a 5/8” iron rod found for the northeast corner of a remainder tract WBK Partners, LTD recorded in Volume 4292, Page 27 of said Official Public Records and the easternmost southeast corner of said CADG Hurricane Creek, LLC tract; THENCE S 88°58'27” W, 1,910.63 feet with the south line of said CADG tract to a 5/8” iron rod with plastic cap stamped “PELOTON” set; THENCE departing said south line of the CADG Hurricane Creek, LLC tract, N 00°15'27” E, 421.11 feet to a 5/8” iron rod with plastic cap stamped “PELOTON” set; THENCE N 46°18'49” E, 320.76 feet to a 5/8” iron rod with plastic cap stamped “PELOTON” set; THENCE N 43°41'11” W, 120.00 feet to a 5/8” iron rod with plastic cap stamped “PELOTON” set; THENCE S46°18'49” W, 117.06 feet to a 5/8” iron rod with plastic cap stamped “PELOTON” set; THENCE N 43°41'11” W, 50.00 feet to a 5/8” iron rod with plastic cap stamped “PELOTON” set; THENCE N 46°18'49” E, 145.00 feet to a 5/8” iron rod with plastic cap stamped “PELOTON” set; THENCE N 43°41'11” W, 120.00 feet to a 5/8” iron rod with plastic cap stamped “PELOTON” set; THENCE N 46°18'49” E, 570.00 feet to a 5/8” iron rod with plastic cap stamped “PELOTON” set; THENCE N 43°41'11” W, 170.00 feet to a 5/8” iron rod with plastic cap stamped “PELOTON” set; THENCE N 46°18'49” E, 2.17 feet to a 5/8” iron rod with plastic cap stamped “PELOTON” set to the beginning of a curve to the right; THENCE, with said curve to the right, an arc distance of 47.91 feet, through a central angle of 05°54'13”, having a radius of 465.00 feet, the long chord bears N 49°15'56” E, 47.89 feet to a 5/8” iron rod with plastic cap stamped “PELOTON” set; THENCE N 43°41'11” W, 163.78 feet to a 5/8” iron rod with plastic cap stamped “PELOTON” set; THENCE N 46°18'49” E, 259.23 feet to a 5/8” iron rod with plastic cap stamped “PELOTON” set; THENCE N 89°13'07” E, 741.15 feet to a 5/8” iron rod with plastic cap stamped “PELOTON” set; TIRZ Hearing Resolution Page 4 of 5 THENCE S 23°12'58” E, 16.58 feet to a 5/8” iron rod with plastic cap stamped “PELOTON” set; THENCE N 89°13'07” E, 140.84 feet to a 5/8” iron rod with plastic cap stamped “PELOTON” set; THENCE N 59°26'33” E, 195.37 feet to a 5/8” iron rod with plastic cap stamped “PELOTON” set; THENCE N 89°13'07” E, 731.48 feet to a 5/8” iron rod with plastic cap stamped “PELOTON” set; THENCE S 00°46'53” E, 284.46 feet to a 5/8” iron rod with plastic cap stamped “PELOTON” set; THENCE N 89°13'07” E, 525.00 feet to a 5/8” iron rod with plastic cap stamped “PELOTON” set; THENCE S 00°46'53” E, 460.00 feet to a 5/8” iron rod with plastic cap stamped “PELOTON” set; THENCE S 89°13'07” W, 170.00 feet to a 5/8” iron rod with plastic cap stamped “PELOTON” set; THENCE S 01°32'35” W, 138.83 feet to a 5/8” iron rod with plastic cap stamped “PELOTON” set; THENCE S 03°56'49” W, 63.28 feet to a 5/8” iron rod with plastic cap stamped “PELOTON” set; THENCE S 20°40'36” W, 64.06 feet to a 5/8” iron rod with plastic cap stamped “PELOTON” set; THENCE S 34°31'32” W, 64.92 feet to a 5/8” iron rod with plastic cap stamped “PELOTON” set; THENCE S 56°29'24” W, 66.49 feet to a 5/8” iron rod with plastic cap stamped “PELOTON” set; THENCE S 55°11'09” W, 70.72 feet to a 5/8” iron rod with plastic cap stamped “PELOTON” set; THENCE S 33°07'12” E, 131.90 feet to a 5/8” iron rod with plastic cap stamped “PELOTON” set; THENCE S 36°16'47” E, 50.00 feet to a 5/8” iron rod with plastic cap stamped “PELOTON” set; THENCE S 53°43'13” W, 1.72 feet to a 5/8” iron rod with plastic cap stamped “PELOTON” set; THENCE S 36°16'47” E, 163.61 feet to a 5/8” iron rod with plastic cap stamped “PELOTON” set in the east line of said CADG Hurricane Creek, LLC. Tract at the beginning of a curve to the right; THENCE with said curve to the right, an arc distance of 61.57 feet, through an angle of 05°02'21”, having a radius of 700.00 feet, and a long chord which bears S 56°44'35” W, 61.55 feet to a 5/8” iron rod with plastic cap stamped “PELOTON” set; THENCE S 59°01'02” W, 294.65 feet to a 5/8” iron rod with plastic cap stamped “PELOTON” set; THENCE S 89°21'12” W, 420.50 feet to a 5/8” iron rod with plastic cap stamped “PELOTON” set; THENCE S 01°31'10” E, 184.67 feet to the POINT OF BEGINNING and containing 4,015,625 square feet or 92.186 acres of land, more or less. TIRZ Hearing Resolution Page 5 of 5 EXHIBIT B City of Anna City Council Notice of Public Hearing On Creation of Reinvestment Zone THE ANNA CITY COUNCIL WILL HOLD A PUBLIC HEARING ON TUESDAY MARCH 12, 2019 AT 7:00 P.M. AT ANNA CITY COUNCIL CHAMBERS, 111 N. POWELL PARKWAY., ANNA, TEXAS 75409, ON THE CREATION OF A REINVESTMENT ZONE AND ITS BENEFITS TO THE CITY OF ANNA AND TO PROVIDE A REASONABLE OPPORTUNITY FOR ANY OWNER OF PROPERTY WITHIN THE PROPOSED REINVESTMENT ZONE TO PROTEST THE INCLUSION OF THEIR PROPERTY WITHIN THE PROPOSED REINVESTMENT ZONE, WHICH PROPOSED ZONE CONSISTS OF APPROXIMATELY 92.186 ACRES GENERALLY LOCATED NORTH OF FM 455, WEST OF US HIGHWAY 75, AND EAST OF ANNA’S WESTERN CITY LIMITS, LOCATED WITHIN THE CITY AND AS MORE PARTICULARLY DESCRIBED BY A METES AND BOUNDS DESCRIPTION AVAILABLE AT ANNA CITY HALL LOCATED 11 N. PARKWAY, ANNA, TEXAS 75409 AND AVAILABLE FOR PUBLIC INSPECTION. AT THE PUBLIC HEARING, ANY INTERESTED PERSON MAY SPEAK FOR OR AGAINST THE INCLUSION OF PROPERTY WITHIN THE ZONE, THE CREATION OF THE REINVESTMENT ZONE, ITS BOUNDARIES, OR THE CONCEPT OF TAX INCREMENT FINANCING. FOLLOWING THE PUBLIC HEARING, ANNA CITY COUNCIL WILL CONSIDER ADOPTION OF AN ORDINANCE CREATING THE REINVESTMENT ZONE. Item No. 10. City Council Agenda Staff Report Meeting Date: 2/12/2019 AG E ND A IT E M : A ppointment of I nterview Advisory Committee for Boards and Commissions. (Mayor P ike) S UM M ARY: T he I nterview Advisory C ommittee will be charged with conducting interviews with board and commission applicants. O nce interviews are complete they will bring recommendations back to Council for a final decision. T he Committee is to consist of no more than three (3) Council Members. I nterviews will be held in A pril and May. S TAF F RE C O M M E ND AT I O N: Appoint three (3) members to the interview committee.