HomeMy WebLinkAbout2019-06-11 Work Session & Regular Meeting PacketAGENDA
City Council Work Session
THE CITY OF
Anna Tuesday, June 11, 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 Work Session at 6:30 PM, on June 11,
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. CLOSED SESSION (EXCEPTIONS)
Under Tex. Gov't Code Chapter 551, the City Council may enter into closed
session to discuss any items listed or referenced on this agenda under the
following exceptions:
a. Consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code
§551.071). Development Fees; Law Enforcement Services.
b. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072); city facilities; acquisition of easements
C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To deliberate the offer
of a financial or other incentive to a business prospect described by
subdivision (1). (Tex. Gov't Code §551.087); possible incentive agreements
with property developers; pending negotiations on development agreements.
d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); Boards
and Commissions
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.
3. 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).
4. Adjourn. There being no further business before the Council, we will consider this
meeting adjourned at p.m.
This is to certify that I, Carrie L. Smith, City Secretary, posted this agenda at a place
readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at
or before 5:00 p.m. on June 7, 2019.
Carrie L. Smith, City Secretary
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on
this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact
the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate
arrangements can be made.
AGENDA
THE CITY OF Regular City Council Meeting
Anna Tuesday, June 11, 2019 @ 7:00 PM
Anna City Hall, Council Chambers
111 N. Powell Parkway, Anna, Texas 75409
The City Council of the City of Anna will meet in Regular Session at 7:00 PM, on June
11, 2019, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to
consider the following items.
Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of
attendance. If you wish to speak on an open -session agenda item, please fill out the
Opinion/Speaker Registration Form and turn it in to the City Secretary before the
meeting starts.
1. Call to Order, Roll Call and Establishment of Quorum.
2. Invocation and Pledge of Allegiance.
3. Citizen Comments.
Citizens are allowed three minutes to speak. The Council is unable to respond
to or discuss any issues that are brought up during this section that are not on
the agenda, other than to make statements of specific factual information in
response to a citizen's inquiry or to recite existing policy in response to the
inquiry.
4. Receive reports from Staff or the City Council about items of community interest.
Items of community interest include: expressions of thanks, congratulations, or
condolence; information regarding holiday schedules; an honorary or salutary
recognition of a public official, public employee, or other citizen (but not
including a change in status of a person's public office or public employment), a
reminder about an upcoming event organized or sponsored by the governing
body; information regarding a social, ceremonial, or community event organized
or sponsored by an entity other than the goveming body that was attended or is
scheduled to be attended by a member of the governing body or an official or
employee of the municipality; and announcements involving an imminent threat
to the public health and safety of people in the municipality that has arisen after
the posting of the agenda.
a. Proclamation -Anna Lady Coyotes Softball Team Day June 12, 2019
5. Consent Items.
These items consist of non -controversial or "housekeeping" items required by
law. Items may be considered individually by any Council member making
such request prior to a motion and vote on the Consent Items.
a. Approve Council Meeting Minutes for May 28, 2019. (Carrie Smith)
b. Review minutes of the April 4, 2019 Economic Development Corporation
meeting. (Joey Grisham)
C. Review Minutes of the April 10, 2019 Economic Development Corporation
Special Meeting. (Joey Grisham)
d. Review Minutes of the April 4. 2019 Community Development Corporation
meeting. (Joey Grisham)
e. Review Minutes of the April 10, 2019 Community Development Corporation
Special Meeting. (Joey Grisham)
f. Review minutes of the May 6, 2019 Planning and Zoning Meeting. (Maurice
Schwanke)
g. Approve a Resolution approving the Daniel Rodriguez Development Plat.
(Maurice Schwanke)
6. Consider/Discuss/Action on an Ordinance Amending the FY 2019 Budget (Dana
Thornhill)
7. Consider/Discuss/Action on a Resolution Opposing House Bill 2439.
8. A) Conduct a public hearing to consider public comments regarding a request by
John Rattan, the owner of the property. The property is currently zoned Restricted
Commercial (C-1) and Thoroughfare Overlay District (THOR). The applicant
requests to replace the existing Zoning with a Commercial Planned Development.
The section of property is located on the Southwest corner of White St (FM 455)
and Ferguson Pkwy. (Maurice Schwanke)
B) Consider/Discuss/Action on an Ordinance approving the request by the
applicant and owners of the property to replace the existing zoning with a new,
Planned Development zoning.
9. Consider/Discuss/Action approving a Resolution approving a Development
Agreement with Bloomfield Homes to make improvements to Lakeview Park and
Slayter Creek Park. (Maurice Schwanke)
10. Consider/Discuss/Action on an Ordinance Amending the Fee Schedule relating to
Building Permit Fees and Building Inspection Fees. (Ashley Stathatos)
11. Consider/Discuss/Action on an Ordinance Amending the Subdivision Regulations
and Schedule of Fees Regulating the Park Development Fund. (Ashley Stathatos)
12. Consider/Discuss/Act on a Resolution approving a Marketing Agreement with Utility
Service Partners Private Label, Inc. (Jim Proce)
13. CLOSED SESSION (EXCEPTIONS)
Under Tex. Gov't Code Chapter 551, the City Council may enter into closed
session to discuss any items listed or referenced on this agenda under the
following exceptions:
a. Consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under
the Texas Disciplinary Rules of Professional Conduct of the State Bar of
Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't
Code §551.071). Development Fees; Law Enforcement Services.
b. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072); city facilities; acquisition of easements
c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To deliberate the offer
of a financial or other incentive to a business prospect described by
subdivision (1). (Tex. Gov't Code §551.087); possible incentive agreements
with property developers; pending negotiations on development agreements.
d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); Boards
and Commissions
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.
14. 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).
15. Adjourn. There being no further business before the Council, we will consider this
meeting adjourned at p.m.
This is to certify that I, Carrie L. Smith, City Secretary, posted this agenda at a place
readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at
or before 5:00 p.m. on June 7, 2019
Carrie L. Smith, City Secretary
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on
this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact
the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate
arrangements can be made.
THE CITY OF
Anna
AGENDA ITEM:
Proclamation -Anna Lady Coyotes Softball Team Day June 12, 2019
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
Description
Proclamation
I[r-T1i1► -
City Council Agenda
Staff Report
Meeting Date: 6/11 /2019
Upload Date Type
6/6/2019 Presentation
Cite of Anna, Texas
Proclamation
2019 ANNA LADY COYOTES SOFTBALL TEAM DAY
June 12, 2019
WHEREAS, the Anna Lady Coyotes Softball Team competed in the 2019 Class 4A State Tournament
after winning the Class 4A Region by defeating North Lamar High School 5-4.
WHEREAS, the Lady Coyotes competed in the state tournament for the first time in school history.
WHEREAS, the Lady Coyotes traveled to Austin, Texas, and in the semifinals of the Class 4A State
Tournament defeated Decatur High School 6-4 to advance to the state championship game
where they faced off against Huffman Hargrave High School, ultimately falling just shy of
winning the state championship.
WHEREAS, the 2019 Anna Lady Coyotes Softball Team was comprised of members Hannah Price,
Amber Thille, Jakquelyn Packard, Kallie Harris, Carly Fullenwider, Adrienne Newman,
Shelby Dombrowski, Madison McPherson, Hannah Howell, Madison Gaston, JaQualah
Fisher, Hannah Morland and was led by Head Coach Lindsey Gage and Assistant Coaches
Jennifer Sluder and Jacqueline Rosson.
WHEREAS, the 2019 Anna Lady Coyotes Softball Team finished the year 25-9-1 and their impressive
and unparalleled run to the state championship game was the pride of the City of Anna
community, uniting the community in a loud, undivided cheer, and bringing honor and
recognition to the City of Anna.
Now I, Nate Pike, Mayor of the City of Anna, Texas, do recognize June 12, 2019 as
2019 ANNA LADY COYOTES SOFTBALL TEAM DAY
in Anna, Texas and encourage neighbors to celebrate the accomplishments this past season of the 2019
Anna Lady Coyotes Softball Team.
c5n n7tness whereof CN7 have hereunto set mp hand this
I Ith d,v f&une 201-9 and called this seal tc, be c€eal
Mayor Nate Pike
THE CITY OF
Anna
AGENDA ITEM:
Approve Council Meeting Minutes for May 28, 2019. (Carrie Smith)
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
Description
Work Session
Regular Session
Item No. 5.a.
City Council Agenda
Staff Report
Meeting Date: 6/11 /2019
Upload Date Type
6/4/2019 Exhibit
6/4/2019 Exhibit
ANNACITYCOUNCIL
MINUTES
WORK SESSION
May 28, 2019
The City Council of the City of Anna met in Work Session on the above date at Anna
City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following items.
1. Call to Order, Roll Call and Establishment of Quorum
Mayor Pike called the meeting to order at 6:31 p.m.
Council Member Tutson was absent.
2. CLOSED SESSION (EXCEPTIONS)
Under Tex. Gov't Code Chapter 551, the City Council may enter into closed
session to discuss any items listed or referenced on this agenda under the
following exceptions:
a. Consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code
§551.071). Development Fees; Law Enforcement Services.
b. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072); city facilities; acquisition of easements
C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To deliberate the offer
of a financial or other incentive to a business prospect described by
subdivision (1). (Tex. Gov't Code §551.087); possible incentive agreements
with property developers; pending negotiations on development agreements.
MOTION: Council Member Beazley moved to enter closed session. Council
Member Miller seconded. Motion carried 6-0.
Mayor Pike recessed the meeting at 6:32 p.m.
Mayor Pike reconvened the meeting at 7:21 p.m.
The Council further reserves the right to enter into executive session at any time
throughout any duly noticed meeting under any applicable exception to the
Open Meetings Act.
3. 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.
None.
4. Adjourn. There being no further business before the Council, we will consider this
meeting adjourned at p.m.
Mayor Pike adjourned the meeting at 7:21 p.m.
Approved on the June 11, 2019.
Mayor Nate Pike
ATTEST:
City Secretary Carrie L. Smith
ANNA CITY COUNCI L
MINUTES
REGULAR SESSION
May 28, 2019
1. Call to Order/Roll Call and Establishment of Quorum
Mayor Pike called the meeting to order at 7:21 p.m.
Council Member Tutson was absent.
2. Invocation and Pledge of Allegiance.
Mayor Pike led the invocation and pledge.
3. Citizen Comments.
Citizens are allowed three minutes to speak. The Council is unable to respond
to or discuss any issues that are brought up during this section that are not on
the agenda, other than to make statements of specific factual information in
response to a citizen's inquiry or to recite existing policy in response to the
inquiry.
None.
4. Receive reports from Staff or the City Council about items of community
interest.
Items of community interest include: expressions of thanks, congratulations, or
condolence; information regarding holiday schedules; an honorary or salutary
recognition of a public official, public employee, or other citizen (but not
including a change in status of a person's public office or public employment); a
reminder about an upcoming event organized or sponsored by the governing
body; information regarding a social, ceremonial, or community event organized
or sponsored by an entity other than the governing body that was attended or is
scheduled to be attended by a member of the governing body or an official or
employee of the municipality; and announcements involving an imminent threat
to the public health and safety of people in the municipality that has arisen after
the posting of the agenda.
a. Presentation to Mayor Pike from the Greater Anna Chamber of Commerce.
(Kevin Hall)
The Greater Anna Chamber of Commerce presented a plaque to Mayor Nate Pike
to commemorate his being named to the list of "Top 40 Under 40 Business
Leaders" in Grayson County. A contingent of Chamber board members made the
presentation at a Council meeting.
b. Proclamation - Tech4 Glen Hubbard Stevens Day - June 6, 2019 (Mayor Pike)
In remembrance of Anna resident, Tech4 Glen Hubbard Stevens that served and
died on D-day.
C. Introduce Assistant Fire Chief Dan Wood (Chief Isom)
Growing up in Colorado, Dan Wood's parents both served the community as
volunteer firefighters and EMT's. Tragically, Dan's father lost his life in the line of
duty in February 1981 while protecting a home from destruction.
Mr. Wood began his professional fire service career with the Addison Fire
Department in 1983, promoting to the rank of Battalion/Captain. After leaving
Addison in 2006, he worked for the Sachse Fire Department as a Lieutenant. In
2012, Dan moved on to Sherman Fire -Rescue reaching the position of Division
Chief over Operations and Logistics. While in Sherman, Dan was also responsible
for fire department recruiting, training, and staff development.
Chief Wood is certified through the Texas Commission on Fire Protection as a
Master Firefighter, Fire Officer II, Driver/Operator, Advanced Aircraft Rescue
Firefighter, Fire Instructor, and Fire Inspector. He is a 2018 graduate of the Texas
Fire Chief's Academy and is also a licensed Paramedic, Fire Department Fitness
Specialist, and has advanced training in Critical Incident Stress Management.
Dan holds an associate's degree in Fire Administration from Midland College and is
working to complete a bachelor's degree in Organizational Leadership. His
leadership philosophy is rooted in the concepts of honorable servanthood,
purposed -driven followership, relationship development, and vision casting.
Dan and his wife have five adult children and his son is also a firefighter with the
Dallas Fire Department. His first day with the Anna Fire Department begins on May
6, 2019.
5. Consent Items.
These items consist of non -controversial or "housekeeping" items required by
law. Items may be considered individually by any Council member making such
request prior to a motion and vote on the Consent Items.
a. Approve City Council Meeting Minutes for May 14, 2019. (Carrie Smith)
b. Consider/Discuss/Action on a Resolution appointing Fire Chief Isom as the
Emergency Operations Management Coordinator for the City of Anna. (Chief
Ray Isom)
Emergency Management is a division within the fire department that is
overseen by the Fire Chief. The recent appointment of Ray Isom to this
position requires an update to the resolution and notification to the State of
Texas.
A RESOLUTION OF THE CITY OF ANNA, TEXAS NOMINATING AN
EMERGENCY MANAGEMENT COORDINATOR
c. Approve a Resolution approving a special event permit application by Kevin
Hall, representative for the Greater Anna Chamber of Commerce regarding
the "July 4th Fire Works Shove' at the Middle School on July 4th, 2019
(Maurice Schwanke)
The City has received a special event permit application for a 4th of July
fireworks display to be held at the Middle School facility located at 1201
Powell Pkwy at the northwest corner of the football stadium. GACC is working
with the Anna Fire Department and Anna Police Department in regard to
public safety and the directing of traffic and pedestrians in and around the
Middle School facility. Insurances from GACC and the firework company
have been provided to the City.
The Park Board recommended approval of the event at their meeting May 20,
2019.
RESOLUTION REGARDING THE APPROVAL OF A SPECIAL EVENT
PERMIT AND AUTHORITY TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF ANNA AND THE GREATER ANNA
CHAMBER OF COMMERCE FOR 4 th of JULY FIREWORK DISPLAY
ATANNA HIGH SCHOOL
MOTION: Council Member Miller moved to approve. Council Member Toten
seconded. Motion carried 6-0.
6. Briefing/Discussion regarding the FY 2020 General Fund Prelimininary
Revenue Estimates. (Dana Thornhill)
Staff reviewed the Fiscal Year 2020 preliminary General Fund revenue estimates.
7. Briefing/Discussion regarding the FY 2019 and FY 2020 Administrative,
Planning, Parks & Streets Budgets (Dana Thornhill)
Staff reviewed the following preliminary budgets with the City Council:
Administrative Budgets:
• City Council
• City Manager's
• City Secretary
• Finance
• General Administration
Additional Budgets:
• Planning
• Parks
• Streets
H.
9
Consider/Discuss/Action on a Resolution Approving the City of Anna
Strategic Plan 2019-2024-2034 (Ryan Henderson)
The City of Anna Strategic Plan: 2019-2024-2034 was developed through a
collaborative effort amongst the City Council and City Management through the
consulting guidance of Sumek Associates. The Strategic Plan includes the City's
Mission Statement, Vision Statement, Core Values, and Goals for achieving
success. The 2019-2024-2034 City of Anna Strategic Plan represents action;
definitive goals with deliverables, guided by a mission statement and born from a
vision of what we, the City Council representing the neighbors of the City of Anna,
and the community builders serving as public stewards, will have this City become.
Adopting the Strategic Plan was identified as a high priority for management under
Goal 4: Having a High Performing, Professional City from the City of Anna
Strategic Plan 2019-2024-2034.
A RESOLUTION OF THE CITY OF ANNA, TEXAS ADOPTING THE 2019-
2024-
2034 STRATEGIC PLAN
MOTION: Council Member Beazley moved to approve subject to the removal of
the copyright. Council Member Bryan seconded. Motion carried 6-0.
Consider/Discuss/Action on a Resolution Approving the Governance Guide
(Ryan Henderson)
During the process of the development of the City of Anna Strategic Plan: 2019-
2024-2034, Lyle Sumek of Sumek Associates led a discussion with the City of
Anna, City Council on the formation of a City of Anna Governance Guide; a plan of
protocols on how Council can best conduct business with the City Manager and
staff. The protocols were devised by City Council and then discussed in an open
forum led by Lyle Sumek of Sumek Associates. Protocols listed within the City of
Anna Governance Guide include:
• Simple Information Requests
• Research on a Topic
• Neighbor Service Request
• Agenda
• Urgent Information
• Employee Contact
• Email
• Representative/Liaison
Though the City of Anna Governance Guide was developed during the process of
the City of Anna Strategic Plan: 2019-2024-2034, staff recommends approving this
document as a separate resolution from the resolution approving the strategic plan
as the document
will serve as a form of policy for how business is conducted between the City
Council and City Staff.
A RESOLUTION OF THE CITY OF ANNA, TEXAS ADOPTING THE CITY
OF ANNA GOVERNANCE GUIDE
MOTION: Council Member Toten moved to approve subject to copyright being
removed. Council Member Miller seconded. Motion denied 1-5.
10. CLOSED SESSION (EXCEPTIONS)
Under Tex. Gov't Code Chapter 551, the City Council may enter into closed
session to discuss any items listed or referenced on this agenda under the
following exceptions:
a. Consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code
§551.071). Development Fees; Law Enforcement Services.
b. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072); city facilities; acquisition of easements
c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To deliberate the offer
of a financial or other incentive to a business prospect described by
subdivision (1). (Tex. Gov't Code §551.087); possible incentive agreements
with property developers; pending negotiations on development agreements.
None.
11. Consider/Discuss/Action on any items listed on the posted agenda or any
closed session occurring during this meeting, as necessary
None.
12. Adjourn.
Mayor Pike adjourned the meeting at 9:18 p.m.
Approved on the June 11, 2019.
Mayor Nate Pike
ATTEST:
City Secretary Carrie L. Smith
THE CITY OF
Anna
AGENDA ITEM:
I[L�ii1►C��•�:a
City Council Agenda
Staff Report
Meeting Date: 6/11 /2019
Review minutes of the April 4, 2019 Economic Development Corporation meeting. (Joey
Grisham)
SUMMARY:
The April 4, 2019 Economic Development Corporation meeting minutes are enclosed for your
review.
STAFF RECOMMENDATION:
Review the April 4, 2019 Economic Development Corporation meeting minutes.
ATTACHMENTS:
Description Upload Date Type
April 4, 2019 EDC Meeting Minutes 6/3/2019 Staff Report
Anna Economic Development Corporation Meeting Minutes
Thursday, April 4, 2019 at 6:30 pm
Anna City Hall, Council Chambers
111 N. Powell Parkway, Anna, Texas 75409
EDC Board Members Present: Anthony Richardson, James Gurski, Stan Carver, Bruce
Norwood, Josh Vollmer. Rocio Gonzalez and Shelby Miles were absent. Staff Members
present: Joey Grisham (EDC Director), Ashley Stathatos (CAO) and CDC/EDC Legal
Counsel Clark McCoy.
1. Call to Order, Roll Call and Establishment of Quorum.
Board President Anthony Richardson called the meeting to order at 9:09 pm.
2. Invocation and Pledge.
3. Citizen Comments.
No citizens came forward to speak at citizen comments.
4. ConsiderlDiscusslAct approving the minutes from the EDC Meetings from January
2019, February 2019, and March 2019.
Bruce Norwood made a motion to approve the minutes from the January 2019, February
2019, and March 2019 EDC meetings. Josh Vollmer seconded the motion. All were in
favor. Motion passed.
5. Consider/Discuss/Act on a Resolution authorizing the Anna Economic Development
Director to enter into amendments to modify or terminate existing lease agreements
with Inc -Cube tenants.
Joey Grisham stated that some of the Inc -Cube tenants wanted to terminate their lease
agreements and that he needed the authority to modify or terminate such agreements.
Bruce Norwood made a motion to approve a Resolution authorizing the Anna Economic
Development Director to enter into amendments to modify or terminate existing lease
agreements with Inc -Cube tenants. Stan Carver seconded the motion. All were in favor.
Motion passed.
6. Consider/Discuss/Act on a Resolution entering into a contract for real estate
services for the Anna Business Paris and authorizing the Board President to execute
all necessary documents on behalf of the Corporation.
No action was taken.
7. Cons iderlDiscusslAction on authorizing the Anna Economic Development Director
to accept offer of payment in exchange for real property and to initiate competitive
bidding or proposals for demolition, repair, and renovation of the Inc -Cube Building
located at 312 N. Powell Pkwy., Anna, Texas.
Joey Grisham stated that TxDOT had submitted an offer letter for the portion of the Inc -
Cube property in the ROW, and that Lased on research it is a fair offer. He stated that the
CDC/other tenants will be allowed to remain at the property after the modifications are
made to the building. He lastly said that he needed the authority to accept the offer and
initiate the bidding process for modifications to the building. Stan Carver made a motion
authorizing the Anna Economic Development Director to accept offer of payment in
exchange for real property and to initiate competitive bidding or proposals for demolition,
repair, and renovation of the Inc -Cube Building located at 312 N. Powell Pkwy., Anna,
Texas. Josh Vollmer seconded the motion. All were in favor. Motion passed.
8. CLOSED SESSION (exceptions):
A. Deliberate regarding the purchase, exchange, lease or value of real property. (Tex.
Gov't Code §651.072) possible property acquisition; possible land sale/purchase;
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)
The Board did not go into closed session.
9. Reconvene into open session and take any action on closed session items.
No action was taken.
10. Announcements
There were no announcements.
11. Adjourn.
Anthony Richardson made a motion to adjourn the meeting at 9:31 pm. Josh Vollmer
seconded the motion. All were in favor. Motion passed.
APPROVED:
E$TED:
Anthony Richardson Jim Zslki President of EDC Secry of EDC
THE CITY CIF
Anna
AGENDA ITEM:
Item No. 5.c.
City Council Agenda
Staff Report
Meeting Date: 6/11 /2019
Review Minutes of the April 10, 2019 Economic Development Corporation Special Meeting. (Joey
Grisham)
SUMMARY:
The April 10. 2019 Economic Development Corporation Special Meeting minutes are enclosed
for your review.
STAFF RECOMMENDATION:
Review the April 10, 2019 Economic Development Corporation Special Meeting minutes.
ATTACHMENTS:
Description Upload Date Type
April 10, 2019 EDC Special Meeting Minutes 6/3/2019 Staff Report
Anna Economic Development Corporation Meeting Minutes
Wednesday, April 10, 2019 at 6:30 pm
Anna City Hall, Council Chambers
111 N. Powell Parkway, Anna, Texas 75409
EDC Board Members Present: Anthony Richardson, James Gurski, Stan Carver, Bruce
Norwood, Rocio Gonzalez. Josh Vollmer and Shelby Miles were absent. Staff Members
present: Joey Grisham (EDC Director), Ashley Stathatos (CAO) and CDCIEDC Legal
Counsel Clark McCoy.
1. Call to Order, Roll Call and Establishment of Quorum.
Board President Anthony Richardson called the meeting to order at 7:42 pm.
2. Invocation and Pledge.
3. Citizen Comments.
No citizens came forward to speak at citizen comments.
4. Consider/Discuss/Act on a Resolution entering into a contract for real estate
services for the Anna Business Park and authorizing the Board President to execute
all necessary documents on behalf of the Corporation.
Anthony Richardson made a motion to approve a Resolutions entering into a contract for
real estate services with Carey Cox Real Estate Company for the Anna Business Park and
authorizing the Board President to execute all necessary documents on behalf of the
Corporation. Stan Carver seconded the motion. All were in favor. Motion passed.
5. Consider/Discuss/Action on amending a Professional Services Agreement between
the Anna Economic Development Corporation and Funderburgh Realty for project
management and real estate services related to the Anna Business Park and
authorizing the Board President to execute all necessary documents on behalf of the
Corporation.
Joey Grisham stated that the CDC approved this item at its last meeting and that the EDC
Board also needed to approve. Bruce Norwood made a motion to amend the Professional
Services Agreement between the Anna CDC and Funderburgh Realty for project
management and real estate services related to the Anna Business Park and authorizing
the Board President to execute all necessary documents on the behalf of the Corporation.
Jim Gurski seconded the motion. All were in favor. Motion passed.
IMPOR ANT 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.
4-10-19 EDC Meeting — Page 1
6. ConsiderlDiscuss/Act on accepting the resignation of Shelby Miles from the EDC
Board.
Joey Grisham stated that Shelby Miles had notified he and Ashley Stathatos that she was
relocating and resigning from the Board. Anthony Richardson made a motion to accept the
resignation of Shelby Miles from the EDC Board. Jim Gurski seconded the motion. All
were in favor. Motion passed.
7. CLOSED SESSION (exceptions):
A. Deliberate regarding the purchase, exchange, lease or value of real property. (Tex.
Gov't Code §551.072) possible property acquisition; possible land sale/purchase;
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 §661.071); Discuss contract concerning real estate services;
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)
The Board did not go into closed session.
8. Reconvene into open session and take any action on closed session items.
No action was taken.
9. Receive reports from staff or Board Members about items of community interest.
Items of community interest include: expressions of thanks, congratulations, or
condolence; information regarding holiday schedules; an honorary or salutary recognition
of a public official, public employee, or other citizen (but not including a change in status of
a person's public office or public employment); a reminder about an upcoming event
organized or sponsored by the governing body, information regarding a social, ceremonial,
or community event organized or sponsored by an entity other than the governing body
IMPORANT LEGAL NOTICE; The Corporation may vote and/or act upon each ofthe items listed in this agenda The Corporation
reserves the right to retire into executive session 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.
4-10-19 EDC Meeting — Page 2
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.
There were no items of community interest.
10. Adjourn.
Anthony Richardson made a motion to adjourn the meeting at 7:45 pm. Rocio Gonza[ez
seconded the motion. All were in favor. Motion passed.
APPROVED:
Anthony RichardE
President of EDC
TED:
Jim Jqrski
Secr6fary of EDC
IMPORANT LEGAL NOTICE: The Corporation may vote and/or act upon each of the items listed in this agenda. The Corporation
reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered
necessary and legally justified under the Open Meetings Act. Disabled person who want to attend the meeting and may need
assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate
arrangements can be made.
4-10-19 EDC Meeting — Page 3
THE CITY OF
Anna
AGENDA ITEM:
Item No. 5.d.
City Council Agenda
Staff Report
Meeting Date: 6/11 /2019
Review Minutes of the April 4. 2019 Community Development Corporation meeting. (Joey
Grisham)
SUMMARY:
The April 4, 2019 Community Development Corporation Meeting minutes are enclosed for your
review.
STAFF RECOMMENDATION:
Review the April 4, 2019 Community Development Corporation Meeting minutes.
ATTACHMENTS:
Description Upload Date Type
April 4, 2019 CDC Meeting Minutes 6/3/2019 Staff Report
Anna Community Development Corporation Meeting Minutes
Thursday, April 4, 2019 at 6:30 pm
Anna City Hall, Council Chambers
111 N. Powell Parkway, Anna, Texas 75409
CDC Board Members Present: Anthony Richardson, James Gurski, Stan Carver,
Bruce Norwood, Josh Vollmer. Rocio Gonzalez and Shelby Miles were absent.
Staff Members present: Joey Grisham (EDC Director), Ashley Stathatos (CAO),
and Clark McCoy (CDCfEDC Legal Counsel)
Call to Order. Roll Call and Establishment of Quorum.
The meeting was called to order by Anthony Richardson, Board President, at 6.32
pm.
2. Invocation and Pledge.
Invocation and pledge of allegiance led by Anthony Richardson.
3. Citizen Comments.
No citizens came forward for citizen's comments.
4. Consider/Discuss/Action approving minutes from the CDC meeting from
March 2019.
Josh Vollmer made a motion to approve the minutes from the March 2019 meeting.
Jim Gurksi seconded the motion. All were in favor. Motion passed.
5. Consider/DiscussfAction on amending a Professional Services Agreement
between the Anna Community Development Corporation and Funderburgh
Realty for project management and real estate services related to the Anna
Business Park and authorizing the Board President to execute all necessary
documents on behalf of the Corporation.
Joey Grisham said that he and Ashley had discussed the contract at length with
Mr. Funderburgh and agreed upon a negotiated final payment of $43,225 (35%
less than the original $66,500). Bruce Norwood made a motion to amend the
Professional Services Agreement between the Anna CDC and Funderburgh Realty
for project management and real estate services related to the Anna Business Park
and authorizing the Board President to execute all necessary documents on the
behalf of the Corporation. Stan Carver seconded the motion. All were in favor.
Motion passed.
6. Consider/Discuss/Act on a Resolution entering into a contract for real estate
services for the Anna Business Park and authorizing the Board President to
execute all necessary documents on behalf of the Corporation.
Joey Grisham stated that he had narrowed the search down to two for representing
and listing the Anna Business Park —Carey Cox Company and NAI Robert Lynn.
He said that Carey Cox was not able to attend tonight and would be presenting at a
Special Called Meeting on April 'loth. He then introduced Dave Peterson and Rick
Medina with NAI Robert Lynn who gave a presentation outlining their approach and
background related to industrial sites and buildings in the DFW region. No action
was taken on the item.
7. Director's Report
A. Ashley Stathatos transitioning to Planning Dept. -Joey Grisham said that Jim
Proce had promoted Ashley to Managing Director of Community Services.
B. May meeting to be held on May 161 -- Joey Grisham said that he would be out
of town during the first few weeks of May and need to re -schedule May Meeting
to May 16th,
C. Report on current financial status- Discussion only --Joey Grisham stated that
sales tax numbers were up significantly.
D. Chamber Golf Tournament on May 6, 2019—Joey Grisham said that the
CDCfEDC had eight slots for the Golf Tournament.
E. Marketing materialslwebsite update ---Joey Grisham updated the Board and
said that misfit Brands was already working on marketing materials for ICSC.
F. Joint Meeting with Council ---Joey Grisham said that the Council wanted to
have another joint meeting with CDC in the near future to discuss goals.
8. CLOSED SESSION (exceptions):
A. Deliberate regarding the purchase, exchange, lease or value of real
property. (Tex. Gov't Code §561.072) possible property acquisition;
possible land sale/purchase;
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);
Discuss contract concerning Revolving Loan Fund;
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; potential retail and medical projects.
Stan Carver matte a motion to go into closed session at 7:48 pm. Bruce
Norwood seconded the motion. All were in favor. Motion passed.
9. Reconvene into open session and take any action on closed session items.
Bruce Norwood made a motion to reconvene into open session at 8:59 pm. Jim
Gurski seconded the motion. All were in favor. Motion passed_ No action was
taken.
14. Announcements:
There were no announcements.
11. Adjourn.
Anthony Richardson made a motion to adjourn the meeting at 8:59 pm. Josh
Vollmer seconded the motion. All were in favor. Motion passed.
Anthony Richardson
President of CDC
ATTESTED:
Jim G
of CDC
THE CITY CIF
Anna
AGENDA ITEM:
Item No. 5.e.
City Council Agenda
Staff Report
Meeting Date: 6/11 /2019
Review Minutes of the April 10, 2019 Community Development Corporation Special Meeting.
(Joey Grisham)
SUMMARY:
The April 10, 2019 Community Development Corporation Special Meeting minutes are enclosed
for your review.
STAFF RECOMMENDATION:
Review the April 10, 2019 Community Development Corporation Special Meeting minutes.
ATTACHMENTS:
Description Upload Date Type
April 10, 2019 CDC Special Meeting Minutes 6/3/2019 Staff Report
Anna Community Development Corporation Meeting Minutes
Wednesday, April 10, 2019 at 6:30 pm
Anna City Hall, Council Chambers
111 N. Powell Parkway, Anna, Texas 75409
CDC Board Members Present: Anthony Richardson, James Gurski, Stan Carver,
Bruce Norwood, and Rocio Gonzalez. Josh Vollmer and Shelby Miles were absent.
Staff Members present: Joey Grisham (EDC Director), Ashley Stathatos (CAO),
and Clark McCoy (CDCIEDC Legal Counsel)
1. Call to Order. Roll Call and Establishment of Quorum.
The meeting was called to order by Anthony Richardson, Board President, at 6:30
pm.
2. Invocation and Pledge.
Invocation and pledge of allegiance led by Anthony Richardson.
3. Citizen Comments.
Board Member Stan Carver said that the National Day of Prayer event was on May
2, 2019 at 6:30 pm at City Hall.
4. Consider/Discuss/Act on a Resolution entering into a contract for real estate
services for the Anna Business Park and authorizing the Board President to
execute all necessary documents on behalf of the Corporation.
After a presentation from Carey Cox Real Estate and some discussion, Anthony
Richardson made a motion to approve a Resolution entering into a contract with
Carey Cox Real Estate Company for real estate services for the Anna Business
Park and authorizing the Board President to execute all necessary documents on
behalf of the Corporation. Stan Carver seconded the motion. All were in favor.
Motion passed.
5. Consider/Discuss/Act on accepting the resignation of Shelby Miles from the
CDC Board.
Joey Grisham stated that Shelby had sent an email stating that she was relocating
and was resigning from the Board. Stan Carver made a motion accepting the
resignation of Shelby Miles from the CDC Board. Jim Gurski seconded the motion.
All were in favor. Motion passed.
6. CLOSED SESSION (exceptions):
A. Deliberate regarding the purchase, exchange, lease or value of real
property. (Tex. Gov't Code §651.072) possible property acquisition;
possible land sale/purchase;
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);
Discuss contract concerning real estate services;
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.
The Board did not go into closed session.
7. Reconvene into open session and take any action on closed session items.
No action was taken.
8. Receive reports from staff or Board Members about items of community
interest.
Items of community interest include: expressions of thanks, congratulations,
or condolence; information regarding holiday schedules, an honorary or
salutary recognition of a public official, public employee, or other citizen (but
not including a change in status of a person's public office or public
employment); a reminder about an upcoming event organized or sponsored
by the governing body, information regarding a social, ceremonial, or
community event organized or sponsored by an entity other than the
governing body that was attended or is scheduled to be attended by a
member of the governing body or an official or employee of the municipality,
and announcements involving an imminent threat to the public health and
safety of people in the municipality that has arisen after the posting of the
agenda.
There were no items of community interest.
9. Adjourn.
Anthony Richardson
Vollmer seconded the
APPROVED:
Anthony Richardson
President of CDC
made a motion to adjourn the meeting at 8:59 pm. Josh
;nortion. All were in favor. Motion passed.
ATTESTED:
THE CITY OF
Anna
AGENDA ITEM:
Item No. 5.f.
City Council Agenda
Staff Report
Meeting Date: 6/11 /2019
Review minutes of the May 6, 2019 Planning and Zoning Meeting. (Maurice Schwanke)
SUMMARY:
STAFF RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
May 6, 2019 Meeting Minutes 6/4/2019 Exhibit
MINUTES
PLANNING AND ZONING COMMISSION
May 6, 2019
The Planning and Zoning Commission of the City of Anna held a meeting at 7:00 p.m. on May 6, 2019, at the
Anna City Hall Administration Building located, 111 North Powell Parkway, to consider the following items.
Call to Order and Establishment of Quorum
The meeting was called to order at 7:01 pm. Members present were Sandy Setliff, Don Callaham, Wayne
Barton, Janine Johnson, and Danny Ussery. Leslie Voss and Donald Henke were absent. Staff present
was Maurice Schwanke and Alexis Vanderslice.
2. Invocation and Pledge of Allegiance
Mr. Schwanke gave the invocation and led the Pledge of Allegiance.
3. Consider/Discuss/Action on recommendation regarding the Amber Smith Development Plat.
Mr. Schwanke gave a brief presentation and answered questions from the Commission. The
development plat is located within Anna's extra territorial jurisdiction and is generally known as 1961
County Road 376. The tract is in the Richard Whitaker Survey, Abstract No. 1011 and contains 4.35
acres of land. The owner is proposing to place a mobile home on the property and then in the future
build a home, shop, barn and pond.
A motion was made by Commissioner Setliff, seconded by Commissioner Callaham to recommend
approval of the development plat. The vote was unanimous.
4. Consider/Discuss/Action on recommendation regarding the Jackson Estates Development Plat.
Mr. Schwanke gave a brief presentation and answered questions from the Commission. The
development plat is located within Anna's extra territorial jurisdiction and is located on the North side of
White Oak Circle. The tract is in the John Rowland Survey, Abstract No. 784 and contains 4.716 acres
of land. The owner is proposing to put a new home and shed on the property.
A motion was made by Commissioner Callaham, seconded by Commissioner Ussery to recommend
approval of the development plat. The vote was unanimous.
5. Consider/Discuss/Action on recommendation regarding the Pope Development Plat.
Mr. Schwanke gave a brief presentation and answered questions from the Commission. The
development plat is located within Anna's extra territorial jurisdiction and is located off of the East side
of County Road 479, North of FM 2862. The tract is in the G.W. Daniels Survey, Abstract No. 289 and
contains 7.2 acres of land. The owner is proposing to put a new home and shop on the property.
A motion was made by Commissioner Setliff, seconded by Commissioner Callaham to recommend
approval of the development plat. The vote was unanimous.
6. Consider/Discuss/Action on recommendation regarding the Farrell Development Plat.
Mr. Schwanke gave a brief presentation and answered questions from the Commission. The
development plat is located within Anna's extra territorial jurisdiction and is located off of the East side
of County Road 479, North of FM 2862. The tract is in the M. R. Roberts Survey, Abstract No. 742 and
contains 6.367 acres of land. The owner is proposing to put a new home, barn, and two shops on the
property.
P & Z Minutes 05-06-19 Page 1 of 2 05-06-19
A motion was made by Commissioner Ussery, seconded by Commissioner Callaham to recommend
approval of the development plat. The vote was unanimous. .
7. Consider/Discuss/Action on recommendation regarding the Jackman Real Estate Building Site and
Landscape Plan.
Mr. Schwanke gave a brief presentation and answered questions from the Commission. The proposed
site and landscape plan is located at 600 W White St. The site contains approximately 1.11 acres of
land that are zoned PD for commercial uses. The site already contains an existing 3,300 SF medical
office building and is proposing a new 2,450 SF Medical/General office building. Daniel Mangum, the
applicant, also answered a few minor questions from the Commission.
A motion was made by Commissioner Callaham, seconded by Commissioner Ussery to recommend
approval of the site and landscape plan. The vote was unanimous.
8. A) Conduct a public hearing to consider public comments regarding a request by Scot Albert, the
representative for Starlight Homes Texas, LLC, the owners of the property. The property is currently zoned
by a Planned Development (PD 127-2004). The applicant requests to replace the existing Planned
Development with a new Planned Development. The section of property is located in Phase 2 of
Sweetwater Crossing, Block C, Lots 8-14.
The public hearing opened at 7:16 pm.
Mr. Schwanke gave a brief presentation of the history of the property and the gas line easement that cuts
through the subdivision. He explained the need for the proposed change in terms of the placement of the
building pads on the lots in relation to the gas easement. He also explained that a twenty (20) foot front
setback is not uncommon in subdivisions in town and that the staff does not think it will be a detriment to
the neighborhood. He answered other minor questions from the committee.
The public hearing closed at 7:18 pm.
B) Consider/Discuss/Action on a recommendation regarding the request by the applicant and owners of
the property to replace the existing zoning with a new Planned Development zoning.
A motion was made by Commissioner Callaham, seconded by Commissioner Setliff to recommend
approval of the proposed planned development. The vote was unanimous.
9. Consider action to approve minutes of the April 8, 2019 Planning and Zoning meeting.
A motion was made by Commissioner Setliff, seconded by Commissioner Callaham to approve the April
meeting minutes. The vote was unanimous.
10. Adjourn
A motion was made by Commissioner Johnson, seconded by Commissioner Callaham to adjourn the
meeting. The vote was unanimous. The meeting adjourned at 7:21 pm.
Ja ' e John
Planning & Zoning Commission Chair
ATTEST:
P & Z Minutes 05-06-19 Page 2 of 2 05-06-19
THE CITY OF
Anna
AGENDA ITEM:
Item No. 5.g.
City Council Agenda
Staff Report
Meeting Date: 6/11 /2019
Approve a Resolution approving the Daniel Rodriguez Development Plat. (Maurice Schwanke)
SUMMARY:
The development plat for your review is located within Anna's extra territorial jurisdiction and is
generally located on the West side of County Road 479, South of County Road 429. The tract is
in the Mark R. Roberts Survey, Abstract No. 742 and contains 6.794 acres of land. The owner is
proposing to put a new home and shop on the property. The submittal meets the City of Anna
development plat requirements.
STAFF RECOMMENDATION:
Approval of a resolution approving the Daniel Rodriguez Development Plat.
ATTACHMENTS:
Description
Resolution
Development Plat
Location Map
Upload Date
Type
6/3/2019
Exhibit
5/28/2019
Exhibit
5/23/2019
Exhibit
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE DANIEL
RODRIGUEZ DEVELOPMENT PLAT
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, Daniel Rodriguez has submitted an application for approval of the Daniel
Rodriguez development plat;
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 Development Plat.
The City Council hereby approves the Daniel Rodriguez development plat attached
hereto as Exhibit 1.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 11tn
day of June 2019.
ATTEST: APPROVED:
City Secretary, Carrie L. Smith Mayor, Nate Pike
N 03°50'15" E
43.54'
N 29°36'25" E
170.11' 1
ALTON KEITH POWELL
RONDA POWELL WATKINS
CC# 20180212000170430
N 12°11'l6" E
1 14.45'
a
N 20°36'04 " E
65.96' Q
N 47'02'12" E
7.92'
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N 06'24'56" E
10.5 7'
STATE OF TEXAS
COUNTY OF COLLIN
v5/8"SRS
I @ 60.00'
I
I
I
i
F
S 86°32'00" E
351.27'
5/8"SRS
O 100.00'
ofN
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Zone 'X'
S 88'28'42" E
FNC, COR.
POST FND.
CALLED 25 ACRES
BETTY T. HAGER
VOL, 5013, PG, 1025
323.85'
6.794 ACRES
5/8"SRS
CALLED 6.794 ACRES
REYES DANIEL RODRIGUEZ L6
CC# 20190403000353610 1 n
PROPOSED
RESIDENCE ------- 324.0'-------
5, 925 SQ. FT.
0
0
0
PROPOSED U7
SHOP �o
2,000 SQ. F140.0
' 433.0'
---------------------L5/8»SRS
of
0
DESCRIPTION
N 89°42'53" W 1552.90'
REMAINDER OF
CALLED 135.609 ACRES
2727 DEVELOPMENT 3, LP
CC# 20180517000602130
BEING all that tract of land in Collin County, Texas, out of the Mark R. Roberts Survey, A-742, and being all
of that called 6.794 acres of land described in a deed to Reyes Daniel Rodriguez as recorded under CC#
20190403000353610 of the Official Public Records of Collin County, Texas, and being further described as
follows:
BEGINNING at a point in the center of County Road No. 479, and at the Southeast corner of that called 5.410
acres of land described in a deed to Guillermo Lopez and Wendy Lopez as recorded under CC#
20190131000100580 of the Official Public Records of Collin County, Texas, from which a 518 inch steel rod
set bears North 89 degrees 42 minutes 53 seconds West, 30.00 feet for witness;
a
THENCE South 01 degrees 31
minutes 55
seconds West
(Directional Control Line), 30.01 feet along the center of
said County Road No. 479 to
a point for
corner, from
which a 518 inch steel rod set bears North 89 degrees
42 minutes 53 seconds West,
30.00 feet
for witness;
THENCE North 89 degrees 42 minutes 53 seconds West, 1552.90 feet to a point for corner in the center of
Sister Grove Creek, from which a 518 inch steel rod set bears South 89 degrees 42 minutes 53 seconds East, Note:
60.00 feet for witness;
THENCE along the center of Sister Grove Creek as follows:
North
06
degrees
24 minutes
56
seconds
East,
10.57
feet;
North
47
degrees
02 minutes
12
seconds
East,
7.92
feet;
North
20
degrees
36 minutes
04
seconds
East,
65.96
feet;
North
12
degrees
11 minutes
16
seconds
East,
114.45
feet;
North
29
degrees
36 minutes
25
seconds
East,
170.11
feet;
North
03
degrees
50 minutes
15
seconds
East,
43.54
feet to a point at the Northwest corner of said 135.609
acres,
and on the South line
of
that called 25
acres
of land described in a deed to Bett T. Hager as recorded
in Volume
5013,
Page 1025 of the
Land
Records of
Collin County, Texas, from which a 518 inch steel rod set
bears
South 86 degrees 32 minutes
00 seconds
East,
100.00 feet for witness;
THENCE
South
86
degrees
32
minutes
00 seconds
East, 351.27
feet
to a fence corner post found at angle
point of
said
135.609 acres;
THENCE
South
88
degrees
28
minutes
42 seconds
East, 323.85
feet
to a 518 inch steel rod set at the
Northwest corner
of said
5.410
acres;
THENCE
South
00
degrees
17
minutes
07 seconds
West, 325.07
feet
along the West line of said 5.410 acres to
a 518
inch steel
rod set
at
the Southwest
corner
of said 5.410
acres;
THENCE
South
89
degrees
42
minutes
53 seconds
East, 739.64
feet
along the South line of said 5.410 acres
to the
POINT
OF
BEGINNING,
containing
6.794 acres
of land.
FLOOD DEFINITIONS
FA.R.M. 48085CO070J, dated June 2, 2009.
Zone 'X' - "Areas determined to be outside the
0.2% annual chance floodplain."
Zone 'A' - "Special flood hazard areas subject
to inundation by the 1 % annual chance flood.
No base flood elevations determined."
1/2'SRF
"GEER 3258"
CALLED 5.410 ACRES
GUILLERMO LOPEZ
WENDY LOPEZ
CC# 20190131000100580
MARK R. ROBERTS SURVEY, A- 742
S 89°42'53" E 739.64'
IN
III
100' 200'
1/2'SRF PK NAIL
"RPLS 5674" FOUND
300' 400'
5/8'SRS
30.00,
40' R.O.W.
RESERVATION
30.00'
ANNA
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Easement to Grayson —Collin Electric, Vol. 1927, Pg. 603 — Blanket.
F. M.
POINT OF
BEGINNING
VICINITY MAP
not to scale
427
SRS = STEEL ROD SET
SRF = STEEL ROD FOUND
Note: Bearings based on Texas State Plane Coordinate System, Texas North Central
Zone 4202, NAD83.
Note: Verify exact location of underground utilities prior to construction.
Note: All 518 inch steel rods set have red plastic cap stamped "Boundary Solutions"
The plat as shown hereon was prepared from an on —the —ground survey
performed under my supervision during the month of March, 2019; the
visible improvements on the ground are as shown on the survey; there are
no visible intrusions, protrusions, overlapping of improvements or conflicts
found except as shown on the survey plat.
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CLIENT:
Daniel Rodriguez
May 28, 2019 �P�Q�O fRFTF9
G.F. # 195254
MATTHEW BUSBY. . //
........................ I ...... ...... Matthew Busby
l e 5751 ��o� R. P.L.S. No. 5 751
Drawn by: mjb
B.S.I.Job# 1903-003
THE CITY CIF
Anna
AGENDA ITEM:
Item No. 6.
City Council Agenda
Staff Report
Meeting Date: 6/11 /2019
Consider/Discuss/Action on an Ordinance Amending the FY 2019 Budget (Dana Thornhill)
SUMMARY:
The proposed budget amendment includes funding for the following purposes:
Utility Fund
Sewer Department - The City has experienced torrential rainfall since the beginning of the
fiscal year. With this comes inflow and infiltration of the rainwater into the sewer system.
The Public Works Department is working diligently to evaluate the system and to minimize
the impact.
As a result of the rainfall, the City has been faced with escalating costs associated with the
transportation and treatment costs paid to North Texas Water District. To assist with the
increased costs, staff is recommending a budget adjustment to transfer $839,000 from the
Water Development Agreement Fund, as well as increasing other revenues within the
fund in the amount of $393,397. Total revenues to be increased are $1,232,397.
The FY 2019 budget for treatment and transportation was budgeted at $1,200,000. This
budget adjustment will increase the budget to $2,432,397. Staff will continue to evaluate
additional ways to offset the increased costs.
Community Development Fund
On May 16, 2019, the Anna Community Development Corporation Board approved a
Resolution amending the promotion expense line item by $20,313. This amendment will
allow staff to more effectively promote the City and capture past funds allowable for
promotions to be utilized.
Economic Development Fund
On May 16, 2019, the Anna Economic Development Corporation Board approved a
Resolution amending the promotion expense line item by $18,213. This amendment will
allow staff to more effectively promote the City and capture past funds allowable for
promotions to be utilized.
Exhibit A is attached reflecting the requested budget adjustments.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Ordinance amending the FY 2019 budget.
ATTACHMENTS:
Description
Budget Amendment Ordinance
Exhibit A
CDC EDC Resolutions BudgetAmendment
Upload Date Type
6/5/2019 Staff Report
6/5/2019 Staff Report
6/5/2019 Staff Report
CITY OF ANNA
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 783-2018 ADOPTING THE BUDGET
FOR THE 2018-2019 FISCAL YEAR; PROVIDING FOR SAVINGS, SEVERABILITY,
AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, on September 11, 2018, the City Council of the City of Anna, Texas ("City
Council"), after a duly noticed public hearing as required under Texas Local Gov't Code
§102.106, and in accordance with applicable provisions of the City of Anna, Texas
Home -Rule Charter ("Charter"), adopted a budget of all municipal appropriations and
expenditures for the 2018-2019 fiscal year; and
WHEREAS, the City is authorized to make this budget amendment by majority vote of
the City Council under Section 7.09 of the Charter;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
SECTION 1. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this ordinance for all purposes and are
adopted as a part of the judgment and findings of the City Council with respect to the
budget amendments described herein.
SECTION 2. The City Council of the City officially finds, determines, and declares that
the City of Anna 2018-2019 fiscal year budget is hereby amended with respect to its
Utility Fund (Fund 60), Community Development Fund (Fund 89), and the Economic
Development Fund (Fund 90) as set forth in the original budget adopted under
Ordinance No. 783-2018 by replacing the information regarding said funds with the
information relating to said funds set forth in the attached Exhibit A, incorporated herein
for all purposes.
SECTION 4. Upon adoption and execution of this ordinance, the City Secretary is
directed to attach same and its exhibits to the original City of Anna 2018-2019 fiscal
year budget in all places where said budget is filed as of public record or posted for
public inspection.
SECTION 5. If any provision of this ordinance or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this ordinance and the
application of such provision to other persons and circumstances shall nevertheless be
valid, and the City Council hereby declares that this ordinance would have been
enacted without such invalid provision.
SECTION 6. It is officially found, determined, and declared that the meeting at which
this ordinance is adopted was open to the public and public notice of the time, place,
PAGE 1 OF 2
and subject matter of the public business to be considered at such meeting, including
this ordinance, was given, all as required by Chapter 551, as amended, Texas
Government Code.
PASSED, APPROVED, AND ADOPTED on first and final reading on this 11th day of
June, 2019.
ATTESTED:
City Secretary, Carrie Smith
APPROVED:
Mayor, Nate Pike
PAGE 2OF2
Fund 60
Administration
Transfer In from Water Dev Agreement Fd
Transfer In
$
$
839,000
$ =
839,000
Administration
Increase Revenue from Inspection Fees
Inspection Fee Revenue
$
325,000
$
235,000
$
560,000
Sewer
Increase Sewer Revenue
Sewer Revenue
$
2,624,098
$
71,367
$
2,695,465
Sewer
Increase Late Payment Pentalty Revenue
Late Payment Penalty
$
50,000
$
5,600
$
55,600
Water
Increase Meter Install Fee
Meter Install Fee
$
112,000
$
81,430
$
193,815
Total Revenue Increase
$
1,232,397
Sewer Increase NTMWD Contract NTMWD Contract $ 1,200,000 $ 1,232,397 $ 2,432,397
Total Expenditure Increase $ 1,232,397
Fund 89
CDC Increase to Promotions Promotion Expens`e� $ 90,000 $ 110,313
7Dept Request Cost Center FY 18 Adopted Budget Proposed Increase Proposed FY 18 Amended Budget
. . . .IL
-
Total Expenditure Increase I $ 18,213
ANNA ECONOMIC DEVELOPMENT CORPORATION
RESOLUTION NO. -5.
A RESOLUTION OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION
REGARDING THE APPROVAL OF AND AUTHORITY TO AMEND THE 2018-2019
FISCAL YEAR BUDGET BY CARRYING FORWARD UNEXPENDED PROMOTIONAL
FUNDS IN THE AMOUNT OF $18,213.
WHEREAS, effective October 1, 2018, the Anna Economic Development Corporation
(the "EDC"), with the approval of the City of Anna City Council, approved its current fiscal
year budget; and
WHEREAS, the EDC seeks to make one or more line item amendments to its budget
due to additional funds being needed in the promotion line item (90-826-6735).
NOW THEREFORE, BE IT RESOLVED BY THE ANNA ECONOMIC
DEVELOPMENT CORPORATION, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Adoption of Amendment to the Current Fiscal Year Budget
The EDC Board of Directors hereby approves amending the Anna Economic
Development Corporation current fiscal year budget as set forth in Exhibit A, amended
budget, attached hereto and incorporated herein for all purposes as if set forth in full. The
Board further directs that this amendment to the current fiscal year budget be submitted
to the City of Anna City Council for approval.
PASSED AND APPROVED by the Anna Economic Development Corporation this day
of ,ac/ 2019.
APPROVED:
Anthony Ri"chai
EDC President
ATTEST:
FUND 90 90 ECONOMIC DEVELOPMENT CORPORATION E�4, A %L A-
DEPT 6E EDC
DIV 6E 926
OBJECT ACCOUNT DESCRIPTION
2018
ACTUAL
2019
BUDGET
2019
AMENDED
2019
YTD
2019
ESTIMATE
2020
PROPOSED
6208 OFFICE SUPPLIES
$0
$0
$0
$0
$0
$0
6209 OTHER SUPPLIES - MISC.
$447
$500
$0
$136
$500
$0
6210 CLOTHING SUPPLIES
$0
$0
$0
$0
$0
$0
6212 POSTAGE
$0
$0
$0
$0
$0
$0
TOTALSUPPLIES
$447
$500
$0
$136
$500
$0
G303 MAINT. AND REPAIR- BUILDINGS
$3,082
$5,000
%
$765
$5,000
$5,000
TOTAL MAINTENANCE
$3,087
$5,000
$0
$765
$5,000
$5,000
6703 CONTRACT SERVICES
$14,818
$58,300
$0
$2,490
$58,680
$8,680
6708 IT SUPPORT SERVICES
$1,920
$500
$0
$497
$500
$500
6710 TRAVEL/TRAINING EXPENSE
$500
$0
$0
$0
$0
$0
6722 INSURANCE - PROPERTY AND LIABILITY
$1,450
$1,550
$D
$955
$955
$1,050
6735 PROMOTION EXPENSE
$0
$0
$0
$0
$18,213
$0
6753 LEGAL EXPENSE
$4,517
$7,500
$0
$1,059
$5,000
$5,000
6755 AUDIT EXPENSE
$2,240
$2,300
$0
$0
$2,300
$3,000
6756 ENGINEERING
$0
$0
$0
$0
$0
$0
6761 DUES, PUBLICATIONS, PERMITS AND LICENSES
$0
$0
$0
$0
$0
$0
5780 ELECTRICITY
$2,381
$2,000
$0
$972
$2,700
$2,850
6781 GAS - NATURAL/PROPANE
$848
$1,100
$0
$291
$1,000
$1,050
6782 CITY UTILITIES WATER/SEWER/TRASH
$1,449
$1,500
$0
$436
$1,800
$1,800
6783 TELECOM
$0
$1,800
$0
$0
$1,800
$1,800
6789 DEBT -SERVICE PRINCIPAL
$0
$0
$0
$0
$0
$0
6790INTEREST EXPENSE
$0
$0
$0
$0
$0
$0
6799 OTHER SERVICES- MISC.
$0
$0
$0
$0
$0
$0
TOTAL SERVICES
$30,122
$76,550
$0
$6,700
$92,948
$25,730
6931 LAND AND IMPROVEMENTS
$0
$0
$0
$0
$0
$0
6941 OTHER CAPITAL EXPENDITURES
$43,382
$0
$0
$0
$0
$0
TOTAL CAPITAL EXPENDITURES
$43,382
$0
$0
$0
$0
$0
9800 TRANSFERS OUT
$0
$0
$0
$0
$0
$0
TOTAL OTHER USES OF FUNDS
$0
$0
$0
$0
$0
$0
ANNA COMMUNITY DEVELOPMENT CORPORATION
RESOLUTION NO. S, 1 . Zo
A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION
REGARDING THE APPROVAL OF AND AUTHORITY TO AMEND THE 2018-2019
FISCAL YEAR BUDGET BY CARRYING FORWARD UNEXPENDED PROMOTIONAL
FUNDS IN THE AMOUNT OF $20,313.
WHEREAS, effective October 1, 2018, the Anna Community Development Corporation
(the "CDC"), with the approval of the City of Anna City Council, approved its current fiscal
year budget; and
WHEREAS, the CDC seeks to make one or more line item amendments to its budget
due to additional funds being needed in the promotion line item (89-825-6735).
NOW THEREFORE, BE IT RESOLVED BY THE ANNA COMMUNITY
DEVELOPMENT CORPORATION, THAT;
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Adoption of Amendment to the Current Fiscal Year Budget
The CDC Board of Directors hereby approves amending the Anna Community
Development Corporation current fiscal year budget as set forth in Exhibit A, amended
budget, attached hereto and incorporated herein for all purposes as if set forth in full. The
Board further directs that this amendment to the current fiscal year budget be submitted
to the City of Anna City Council for approval.
Community Development Corporation this iA
PASSED AND_APPROVED by the Anna
day of 2019.
APPROVED:
Anthony Richardson,
CDC President
ATTEST:
Jim GurM i,
CDC Se tary
89 COMMUNITY DEVELOPMENT
FUND 89 CORPORATION
DEPT 5E CDC
DIV SE 825
2018
2019
2029
2019
2019
2020
OBJECT ACCOUNT DESCRIPTION
ACTUAL
BUDGET
AMENDED
YTD
ESTIMATE
PROPOSED
6101 SALARIES
$36,861
$65,407
$0
$21,284
$65,407
$67,698
6114 PAYROLL TAXES -CITY PART FICA
$2,725
$5,011
$0
$1,734
$5,011
$5,1,87
6121 HEALTH INSURANCE
$3,648
$9,322
$0
$781
$9,322
$9,322
6125 TMRS RETIREMENT
$5,200
$9,420
$0
$1,842
$9,420
$10,034
6126 UNEMPLOYMENT
$162
$250
$0
$0
$250
$250
6127 WORKERS COMPENSATION
$123
$233
$0
$116
$233
$242
6129 MISCELLANEOUS PAYROLL
$0
$100
$0
$100
$100
$100
TOTAL PAYROLL
$48,718
$89,743
$0
$25,856
$89,743
$92,832
6208 OFFICE SUPPLIES
$746
$500
$0
$25
$750
$1,000
6209 OTHER SUPPLIES - MISC.
$987
$1,800
$0
$424
$7,800
$3,000
6210 CLOTHING SUPPLIES
$0
$0
$4
$0
$0
$350
6212 POSTAGE
$17
$100
$0
$13
$100
$100
TOTAL SUPPLIES
$1,750
$2,400
$0
$462
$8,650
$4,450
6303 MAINT. AND REPAIR - BUILDINGS
$0
$0
$0
$0
$0
$0
TOTAL MAINTENANCE
$0
$0
$0
$0
$0
$0
6700 ECONOMIC DEVELOPMENT GRANT EXPENSE
$203,847
$210,870
$0
$0
$247,124
$360,210
6703 CONTRACT SERVICES
$86,055
$86,400
$0
$72,140
$111,370
$101,780
6722 INSURANCE - PROPERTY AND LIABILITY
$3,500
$3,500
$0
$0
$0
$3,500
6731PUBLIC NOTICES -ADVERTISING
$91
$250
$0
$0
$0
$250
6735 PROMOTION EXPENSE
$48,368
$9�
$0
$24,000
$110,313
$112,519
6753 LEGAL EXPENSE
$10,217
$15,000
$0
$1,343
$15,000
$15,000
6755 AUDIT EXPENSE
$2,240
$2,300
$0
$0
$2,300
$3,000
6756 ENGINEERING
$3,577
$2,500
$0
$270
$0
$2,500
6761 DUES, PUBLICATIONS, PERMITS AND LICENSES
$625
$3,350
$0
$150
$3,350
$4,270
6782 CITY UTILITIES WATFR/SEWER/TRASH
$0
$0
$0
$0
$0
$0
6793 TELECOM
$0
$0
$0
$0
$+I00
$1;400
6789DEBT-SERVICE PRINCIPAL
$204,000
$210,000
$0
$210,000
$210,000
$215,000
6790INTEREST EXPENSE
$121,867
$116,983
$0
$59,874
$116,883
$110,876
6799 OTHER SERVICES - M15C.
$92,000
$56,424
$0
$23,280
$45,000
$70,000
6710 TRAVEL/TRAINING EXPENSE
$8,416
$11,080
$0
$1,579
$16,600
$27,600
TOTAL SERVICES
$784,802
$808,557
$0
$392,636
$878,340
$1,027,905
6912 BOND COST
$0
$0
$0
$0
$0
$0
6921 BUILDINGS AND IMPROVEMENTS
$0
$0
$0
$0
$0
$0
6941 OTHER CAPITAL EXPENDITURES
$0
$0
$0
$0
$0
$0
TOTAL CAPITAL EXPENDITURES
$0
$0
$0
$0
$0
$0
8900 OTHER FINANCING USE - DEBT REFUNDINGS
$0
$0
$0
$0
$0
$0
9800 TRANSFERS OUT
$0
$0
$0
$0
$0
$0
9812TRANSFERS OUT -GENERAL FUND
$0
$0
$0
$0
$0
$0
TOTAL OTHER USES OF FUNDS
$0
$0
$0
$0
$0
$0
THE CITY OF Item No. 7.
Anna City Council Agenda
Staff Report
Meeting Date: 6/11 /2019
AGENDA ITEM:
Consider/Discuss/Action on a Resolution Opposing House Bill 2439.
SUMMARY:
A bill introduced in the Texas House of Representatives, HB 2439 (and its companion in the
Senate, SB 1266), would prevent local governments from directly or indirectly prohibiting the use
of specific building products or materials in the construction, renovation, maintenance or alteration
of residential or commercial structures, whether by ordinance or regulation.
HB 2439 would enable the use of any building material or product anywhere, as long as it has
been approved for use by a national model building code that has been adopted by the local
government.
Cities and local governmental bodies across the State have passed resolutions formally declaring
their opposition to HB 2439.
STAFF RECOMMENDATION:
Staff recommends approving a resolution declaring the City of Anna's opposition to House Bill
2439 and communicating the resolution to the Texas Governor's Office.
ATTACHMENTS:
Description Upload Date Type
Exhibit 1 - Resolution 6/6/2019 Resolution
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA OPPOSING HB 2439 RELATING TO
CERTAIN REGULATIONS ADOPTED BY GOVERNMENTAL ENTITIES FOR THE
BUILDING PRODUCTS, MATERIALS, OR METHODS USED IN THE
CONSTRUCTION OR RENOVATION OF RESIDENTIAL OR COMMERCIAL
BUILDINGS.
WHEREAS, the City of Anna regulates the building materials and methods used in
construction of residential and commercial buildings; and
WHEREAS, the City of Anna recognizes that regulations of these type promotes
aesthetics and quality development that increases property values
throughout the City; and
WHEREAS, prohibiting the regulation of aesthetics in buildings will adversely affect
economic development in the City as the City will no longer be able to
create a sense of community; and
WHEREAS, regulating building materials allows the City to require sustainable
development for their residents including using materials that last over a
longer period of time; and
WHEREAS, regulating building materials protects the property owner's investment; and
WHEREAS, regulating building materials prevents the rapid deterioration of new
construction thus preventing substandard building issues and protecting
property values; and
WHEREAS, the inability of the City of Anna to regulate aesthetics in construction will
cause irreparable damage to areas of new construction; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Formal Opposition to House Bill No. 2439
The City opposes House Bill No. 2439 and requests that the Governor veto the bill as it
will:
1. Limit the City's ability to promote quality development within the City; and
2. Adversely affect the City's economic development within the City by
allowing low quality construction; and
3. Lessen the property values in the City of Anna by constraining the City's
ability to create a sense of place.
The City Council directs the Mayor to submit this resolution to the Governor and to sign
the petition in opposition to this bill.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 11th
day of June 2019.
/_YINIx S
r_1,W: WIa193
City Secretary, Carrie Smith Mayor, Nate Pike
THE CITY OF
Anna
AGENDA ITEM:
Item No. 8.
City Council Agenda
Staff Report
Meeting Date: 6/11 /2019
A) Conduct a public hearing to consider public comments regarding a request by John Rattan, the
owner of the property. The property is currently zoned Restricted Commercial (C-1) and
Thoroughfare Overlay District (THOR). The applicant requests to replace the existing Zoning with
a Commercial Planned Development. The section of property is located on the Southwest corner
of White St (FM 455) and Ferguson Pkwy. (Maurice Schwanke)
B) Consider/Discuss/Action on an Ordinance approving the request by the applicant and owners
of the property to replace the existing zoning with a new, Planned Development zoning.
SUMMARY:
The proposed use for this site is a Chase Bank. The existing zoning on the property is "C-1"
which allows for the bank use, however, the site is overlain with the Thoroughfare Overlay District
which requires a front setback of 50 feet from the right-of-way of West White Street (F.M. 455).
The Chase Bank developers are wanting to put their parking behind the building and have just
landscaping between the building and the street. Therefore, they are proposing the attached "PD"
with a front setback of 20 feet which would override the 50 foot requirement. Additionally, they are
requesting the separation of driveways be a minimum of 100 feet instead of 150 feet and the use
of EI FS (Exterior Insulation Finishing System) over 15 feet above surface elevation. A concept
plan is attached.
The Planning and Zoning Commission recommended approval of the zoning request at their
regularly scheduled meeting on June 3rd, 2019.
STAFF RECOMMENDATION:
Approval of the proposed Planned Development Ordinance.
ATTACHMENTS:
Description
Planned Development Ordinance
Location Map
Concept Plan
Upload Date Type
6/5/2019 Ordinance
5/23/2019 Exhibit
6/5/2019 Staff Report
CITY OF ANNA, TEXAS
ORDINANCE NO.
(SW Corner of White St and Ferguson Pkwy Zoning Change from Commercial C-1 &
Thoroughfare Overlay District to a Commercial Planned Development.)
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE
PLAN, ZONING MAP, AND ZONING ORDINANCE, AND CHANGING THE ZONING OF
CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING
AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A
PENALTY CLAUSE NOT TO EXCEED $2000 OR THE HIGHEST PENALTY AMOUNT
ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF
THE CAPTION HEREOF.
WHEREAS, the owner of the property described in Exhibit A attached hereto, John Rattan, has
requested a certain zoning for said property; and
WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of
Anna have given the requisite notices by publication and otherwise and have held the public
hearings as required by law and afforded a full and fair hearing to all property owners and
generally to all persons interested in and situated in the affected area and in the vicinity thereof,
the City Council of the City of Anna has concluded that the Zoning Ordinance of the City of Anna
should be amended as follows:
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS:
Section 1. The Comprehensive Zoning Ordinance of the City of Anna, Texas, is amended by
changing the zoning of the tract described in Exhibit A, attached hereto and made an integral part
of this ordinance, from Restricted Commercial (C-1) and Thoroughfare Overlay (THOR) to a
Commercial Planned Development zoning.
Section 2. All regulations pertaining to the Restricted Commercial (C-1) and Thoroughfare
Overlay (THOR) District with the development regulations as specified by the Development
Standards (Exhibit B) or amended shall be applicable to this Tract.
Section 3. The official Zoning Map of the City of Anna shall be corrected to reflect the change in
zoning described herein.
Section 4. All ordinances of the City of Anna in conflict with the provisions of this ordinance are
repealed to the extent of that conflict.
Section 5. This Ordinance shall take effect immediately from and after its passage and the
publication of the caption of said ordinance as the law in such case provides.
PASSED by the City Council of the City of Anna, Texas, this 11t" day of June, 2019
ATTESTED: APPROVED:
City Secretary, Carrie L. Smith Mayor, Nate Pike
Exhibit "A"
BEGINNING at the North West corner of Joseph Schluter Survey, Abstract No. 856 an addition
to the City of Anna, Collin County, Texas, also being in the existing right-of-way line of FM
Highway 455 of said Lot;
"THENCE along the South and Easterly line of said FM Highway 455, the following courses and
distances:
South 89 deg 01 min 35 sec East, along East line, at a distance of 249.24 feet to the North East
corner of the lot;
South 01 deg, 39 min 01 sec East, along Ferguson Parkway, at a distance of 183.39 feet to a
point;
North 89 deg, 01 min 35 sec West, at a distance of 60.63 feet to a point, -
North 01 deg 20 min 28 sec West, at a distance of 4.89 feet to a point;
South 88 deg 39 min 32 sec West, at a distance of 188.81 feet to a point;
THENCE, North 01 deg 32 min 11 sec West, at a distance of 186.15 feet to the POINT
OF BEGINNING".
CONTAINING within these metes and bounds 45,496 square feet or 1.04 acres of land
approximately.
Exhibit "B"
Planned Development Standards
(SW Corner of White St and Ferguson Pkwy)
1.01 Permitted Uses
A Building or premise in this PD shall be used only for the uses as listed in Appendix 2 of Zoning
Ordinance of C-1 (Restricted Commercial) Part of the Code (Ord. No. 654-2014, adopted
412212014)
1.02 Height and Area Regulations
(a) Front yard setbacks shall be a minimum of 20 feet. If construction is not completed on or before
December 31, 2020, the front yard setback shall revert back to 50 feet.
(b) No side yard setback is required between adjacent non -residentially zones.
(c) Driveway entries and exits on the same tract shall be separated by at least 100 feet.
1.03 Masonry Regulations
Except as otherwise authorized in this section, the exterior walls (excluding doors, door frames,
windows, and window frames) of buildings in this District shall use only stone, brick, and/or split
face concrete masonry units (CMU). Any use of EIFS for architectural accent shall be done 15 feet
from the floor elevation. The use of other high -quality materials for building trim, architectural
decoration, and other design elements shall not be precluded; however, they are subject to
approval by the Director of Planning & Development and should contribute to the overall design
concept.
1.04 Permitted Accessory Uses
Accessory uses customarily appurtenant to a permitted Use, and Accessory Uses as permitted in
the Schedule of Uses as per C-1 (Restricted Commercial) District.
THE CITY OF
Anna
AGENDA ITEM:
Item No. 9.
City Council Agenda
Staff Report
Meeting Date: 6/11 /2019
Consider/Discuss/Action approving a Resolution approving a Development Agreement with
Bloomfield Homes to make improvements to Lakeview Park and Slayter Creek Park. (Maurice
Schwanke)
SUMMARY:
Bloomfield homes is willing to make improvements to Lakeview Park and Slayter Creek park in
return for park credits. The improvements would include the following:
Lakeview Park
A Playground facility (including fall zone and concrete ribbon edging), bathroom facilities, picnic
shelter, a lake wall, associated trail, sod and irrigation at Lakeview Park as shown in Exhibit F-K.
Slayter Creek Park
A Playground facility (including fall zone and concrete ribbon edging) east of Bambrough Drive at
Chatsworth in Slayter Creek Park and improvements along the eastern edge of phases 8, 10, and
12 as shown in Exhibit L -O.
These plans have been recommended by the Parks Board. Park credits available within
Lakeview phases and West Crossing phases exceeds $1,000,000. This agreement will allow the
City to have improvements earlier than if the City waits until all funds are in place.
STAFF RECOMMENDATION:
Approve the Resolution approving the Development Agreement with Bloomfield homes.
ATTACHMENTS:
Description
Resolution
Development Agreement
Figures F-O
Upload Date Type
6/5/2019 Resolution
6/5/2019 Staff Report
6/5/2019 Exhibit
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT
AGREEMENT WITH BLOOMFIELD HOMES, L.P., A TEXAS LIMITED PARTNERSHIP AND
THE CITY OF ANNA
WHEREAS, Bloomfield Homes, L.P., a Texas limited partnership (Owner) desires to make park
improvements within the corporate limits of the City of Anna, Texas (the City); and,
WHEREAS, the Owner has agreed to construct certain park improvements connection with
development of the property; and,
WHEREAS the Owner has requested park fee credits for the construction of said park
improvements;
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 Subdivision Improvement Agreement
The City Council hereby approves the Development Agreement with Bloomfield Homes,
attached hereto as Exhibit 1, and ratifies and approves the City Manager's execution of the
same. The City Manager is hereby authorized to execute all documents and to take all other
actions necessary to finalize, act under, and enforce the Agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 11th day
of June 2019.
ATTEST:
APPROVED:
Carrie L. Smith, City Secretary Mayor, Nate Pike
DEVELOPMENT AGREEMENT
This Development Agreement (this "Agreement") is entered into between the City of
Anna, Texas (the "City") and BLOOMFIELD HOMES, L.P. ("Owner"). The term
"Owner" includes all owners of the Property, and each of the owners of the Property
are jointly and severally bound to the obligations of the "Owner" under this Agreement.
WHEREAS, Owner and the City are sometimes collectively referenced in this
Agreement as the "Parties"; and
WHEREAS, it is the Parties mutual intent that this Agreement shall govern only the subject
matter specifically set forth herein and that this Agreement shall supersede any other
agreement between the Parties and the City's ordinances and other regulations only to the
extent that any such agreements, ordinances or regulations directly conflict with the terms
of this Agreement; and
WHEREAS, the Owner owns parcels of real property in Collin County, Texas, said real
property being located entirely within the corporate limits of the City of Anna and being
described and/or depicted in the attached EXHIBITS A, B, C and D (collectively, the
"Property"); and,
WHEREAS, the Owner has dedicated property to the City for the development of park
and recreation facilities or other public use (the "Land Dedication for Public Use"); and
WHEREAS, the Parties desires to make certain public improvements (the "Public
Improvements") to the Property; and
WHEREAS, the Owner acknowledges that the City's acceptance of the Land
Dedication for Public Use and Public Improvements places a significant burden upon
the City to thereafter maintain the Land Dedication for Public Use and Public
Improvements for public purposes;
WHEREAS, the City acknowledges that the Owner will incur significant costs in the
making of the Public Improvements and that those costs will result in some public benefit;
WHEREAS, the City is agreeable to the Owner's proposal to the Public Improvements
and in consideration thereof is willing to forgo collection of certain Park Fees with
respect to the Property;
WHEREAS, in consideration of the construction of the Public Improvements, the City
agrees to forgo collection of certain fees to be paid in connection with the issuance of
single-family home building permits and fees in lieu of park land dedication required
on the Property;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties agree as follows:
Section 1. Recitals Incorporated. The recitals set forth above are incorporated
herein as if set forth in full to further describe the Parties' intent under this Agreement
and said recitals constitute the representations by the owner:
Section 2. Terms. Unless the context requires otherwise, and in addition to the terms
defined above, the following terms and phrases used in this Agreement have the
meanings set out below:
Park Fees means any applicable fees described in Part IV, Article 4, Section 6 of the
Anna City Code of Ordinances.
Section 3. Public Improvements. The Owner shall fund, and complete construction
of the Public Improvements as indicated in EXHIBIT E and shown on EXHIBITS F-K
within 120 days of the effective date of this Agreement. To the extent not already
dedicated to the City, the Owner shall dedicate the Public Improvements to the City
within 30 days after the City provides a written request for such dedication(s) and such
dedication shall be in a form acceptable to the City such as a plat or a separate
instrument.
Section 4. Park Fees. Provided that the Owner fulfills its obligations under this
Agreement to timely complete construction of all of the Public Improvements, the City
agrees that it shall not be entitled to collect, and shall forgo collection of the Park Fees
that would normally be charged in connection with the issuance of building permits
and filing of final plats for up to a maximum of $956,879 Notwithstanding any provision
of this Agreement, inspection fees and other customary fees apart from Park Fees
shall remain applicable to the Property and Public Improvements, and such fees shall
be collected, under applicable ordinances and regulations. If Owner fails to fulfill its
obligation to timely complete construction of all of the Public Improvements, then the
Park Fees that would be due for the areas comprising the Property shall be paid by
the Owner to the City upon 30 days' written request by the City to the Owner.
Section 5. Effective Date. The effective date of this Agreement is the date that the
last of the Parties' signatures to this Agreement is fully and properly affixed to this
Agreement and acknowledged by a public notary. The City's duties and obligations
hereunder shall not arise unless and until the City Council has duly adopted this
Agreement and the Owner has duly executed same.
Section 6. INDEMNIFICATION, HOLD HARMLESS AND RIGHT OF CONTROL.
THE OWNER, INCLUDING ITS RESPECTIVE SUCCESSORS AND ASSIGNS,
HEREBY COVENANT AND AGREE TO RELEASE, DEFEND, HOLD HARMLESS,
AND INDEMNIFY THE CITY AND ITS OFFICERS, AGENTS, SERVANTS AND
EMPLOYEES, FROM AND AGAINST ALL THIRD -PARTY CLAIMS, SUITS,
JUDGMENTS, DAMAGES, AND DEMANDS (TOGETHER, "CLAIMS") AGAINST THE
CITY, WHETHER REAL OR ASSERTED INCLUDING WITHOUT LIMITATION
REASONABLE ATTORNEY'S FEES, RELATED EXPENSES, EXPERT WITNESS
FEES, CONSULTANT FEES, AND OTHER COSTS, ARISING OUT OF THE
NEGLIGENCE, GROSS NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF
OWNER, INCLUDING WITHOUT LIMITATION THE NEGLIGENCE, GROSS
NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF ITS RESPECTIVE
EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN, AND
AGENTS, IN CONNECTION WITH OR IN ANY MANNER RELATING TO THE
CONSTRUCTION AND INSTALLATION OF THE PUBLIC IMPROVEMENTS AND
ANY OTHER CLAIMS ARISING UNDER OR RELATED IN ANY WAY TO THE
PERFORMANCE OF THIS AGREEMENT. THE OWNER COVENANTS AND
AGREES, JOINTLY AND SEVERALLY, TO INDEMNIFY, HOLD HARMLESS, AND
DEFEND THE CITY AGAINST ANY AND ALL CLAIMS, BY ANY PERSON CLAIMING
AN OWNERSHIP INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THIS
AGREEMENT AND WHICH CLAIMS ARISE IN ANY WAY FROM THE CITY'S
RELIANCE ON THIS AGREEMENT, AND RELATE IN ANY MANNER OR ARISE IN
CONNECTION WITH THIS AGREEMENT.
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT THE CITY SHALL HAVE
NO RIGHT OF CONTROL, SUPERVISION, OR DIRECTION OVER THE DESIGN OR
CONSTRUCTION OF ANY PUBLIC IMPROVEMENT, NOR THE MEANS,
METHODS, SEQUENCES, PROCEDURES, AND TECHNIQUES UTILIZED TO
COMPLETE THE PUBLIC IMPROVEMENTS. CITY SHALL EXERCISE
CUSTOMARY INSPECTION AND PERMITTING FUNCTIONS, AS REQUIRED BY
CITY ORDINANCES AND REGULATIONS.
During the term of this Agreement and until Owner fully completes the Public
Improvements, Owner shall secure polices of insurance for work place general liability and
worker's compensation. Owner or its contractor(s) shall acquire and maintain, during the
period of time when any of work under this Agreement is being performed or is under
construction (and until the full and final completion of said work): (a) workers
compensation insurance in the amount required by law; and (b) commercial general
liability insurance including personal injury liability, premises operations liability, and
contractual liability, covering, but not limited to, the liability assumed under any
indemnification provisions of this Agreement, with limits of liability for bodily injury, death
and property damage of not less than $1,000,000.00. Such insurance shall also cover any
and all claims which might arise out of this Agreement or any subcontracts, whether by
Owner, a contractor, subcontractor, material man, or otherwise. Coverage must be on an
"per occurrence" basis. All such insurance shall: (i) be issued by a carrier which is rated
"A-1" or better by A.M. Best's Key Rating Guide and licensed to do business in the State of
Texas; and (ii) name the City as an additional insured and contain a waiver of subrogation
endorsement in favor of the City. Upon request, Owner shall provide to the City certificates
of insurance evidencing such insurance coverage together with the declaration of such
policies, along with the endorsement naming the City as an additional insured. Each such
policy shall provide that, at least 30 days prior to the cancellation, non -renewal or
modification of the same, the City shall receive written notice of such cancellation, non -
renewal or modification.
Section 7. This Agreement may be enforced by the City by any proceeding at law or
in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of
this Agreement thereafter. From and after the inspection and acceptance by the City
of the Public Improvement or any part thereof, such Public Improvement shall be
owned by the City. Owner agrees to take any action reasonably required by the City to
transfer or otherwise dedicate ownership and use of the Public Improvements to the
City and the public. Once a Public Improvement is owned by the City, the City shall
operate and maintain such Public Improvement. The Owner's sole remedy for
nonperformance by the City shall be to seek specific performance of the terms of this
Agreement. This Agreement does not waive any rights or immunities otherwise
existing under law unless expressly set forth herein and the Parties understand and
agree that this Agreement is not one for the provision of goods or services to the City
by the Owner or any other person. Owner does not boycott Israel and will not Boycott
Israel during the term of this Agreement.
Section 8. Exclusive jurisdiction, forum and venue for any dispute arising out of this
Agreement shall be in Collin County, Texas.
Section 9. Notwithstanding any other provision of this Agreement, Owner and Its
successors or assigns must comply with all applicable statutes or regulations of the
United States and the State of Texas, as well as any City ordinances in effect on the
Effective Date and not in conflict with this Agreement. and any rules implementing
such statutes or regulations.
Section 10. Assignment by Owner.
(a) Except as otherwise provided in this paragraph, Owner has the right (from time to time
upon delivery of two week's prior written note to the City) to assign this Agreement, in whole or
in part, and including any obligation, right, title, or interest of Owner under this Agreement, to
any person or entity (an "Assignee") that is or will become an owner of any portion of the
Property or that Is an entity that is controlled by or under common control with Owner.
Notwithstanding the foregoing, Owner shall not assign this Agreement, in whole or in part, to
an Assignee if the City, after action by the City Council (which action shall be
considered by the City In good faith based upon financial and performance criteria,
and which action shall not be unreasonably withheld, conditioned or delayed), notifies
Owner within 14 days of receipt of the written notice required by this Section 10(a) that
such Assignee fails to satisfy the City's financial and performance criteria. If the City
provides such notice to Owner then the Parties, within 14 days of such notice, shall
mediate the dispute. The mediator shall be mutually agreed upon; and the cost of
such mediator shall be paid equally by the Parties. The mediator's determination shall
be binding on the Parties. If a Party refuses to mediate, then the decision of the Party
willing to mediate shall be binding.
(b) Each assignment shall be in writing executed by Owner and the Assignee and
shall obligate the Assignee to be bound by this Agreement to the extent this Agreement
applies or relates to the obligations, rights, title, or interests being assigned. From and
after such assignment, the City agrees to look solely to the Assignee for the
performance of all obligations assigned to the Assignee and agrees that Owner shall
be released from subsequently performing the assigned obligations and from any
liability that results from the Assignee's failure to perform the assigned obligations;
provided, however, Owner shall not be released until the City receives an executed
copy of such assignment. No assignment by Owner shall release Owner from any
liability that resulted from an act or omission by Owner that occurred prior to the
effective date of the assignment unless the City approves the release in writing. Owner
shall maintain written records of all assignments made by Owner to Assignees,
including a copy of each executed assignment and the Assignee's Notice information
as required by this Agreement, and, upon written request from any Party or Assignee,
shall provide a copy of such records to the requesting person or entity.
Section 11. This Agreement is for the sole and exclusive benefit of the City and the
Owner and is not Intended to and shall not confer any rights or benefits on any third
party not a signatory hereto.
Section 12. This Agreement may be separately executed in individual counterparts
and, upon execution, shall constitute one and same instrument.
Section 13. All notices, demands or other communications required or provided
hereunder shall be in writing and shall be deemed to have been given on the earner to
occur of actual receipt or three (3) days after the same are deposited in the United
States mail, certified or registered, postage prepaid, return receipt requested,
addressed to the parties at the addresses set forth below or at such other addresses as
such parties may designate by notice to the other parties. Such notices shall be given
to the Parties at their respective addresses as follows:
If to the City:
Attn: City Manager
City of Anna, Texas
111 N. Powell Pkwy
Anna, Texas 75409
With a copy to:
Clark McCoy
Wolfe, Tidwell & McCoy, LLP
2591 Dallas Parkway, Suite 300
Frisco, Texas 75034
If to the Owner:
EXECUTED by the Parties on the following pages.
BLOOMFIELD HOMES, LP.,
a Texas limited partnership
By: Bloomfield Properties, Inc.,
a Texas corporation, its General Partner
Donald J. Dykstra, its President
IN WITNESS WHEREOF:
STATE OF TEXAS §
COUNTY OF §
Before me, the undersigned notary public, on the day of 2019,
personally appeared Donald J. Dykstra, known to me (or proved to me) to be the
person whose name is subscribed to the foregoing instrument and acknowledged to
me that he executed the same in his capacity as President of Bloomfield Properties,
Inc., a Texas corporation, as General Partner of Bloomfield Homes, LP., a Texas
limited partnership, and on its behalf.
[SEAL]
Notary Public, State of Texas
CITY OF ANNA
Jim Proce, City Manager
STATE OF TEXAS §
§ COUNTY OF §
Before me, the undersigned notary public, on the day of , 2019,
personally appeared Jim Proce, known to me (or proved to me) to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that he executed
the same in his capacity as City Manager of the City of Anna, Texas.
[SEAL]
Notary Public, State of Texas
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The Owner shall construct the following public improvements:
1. A Playground facility (including fall zone and concrete ribbon
edging), bathroom facilities, picnic shelter, a lake wall,
associated trail, sod and irrigation at Lakeview Park as shown in
Exhibit F-K.
2. A Playground facility (including fall zone and concrete ribbon
edging) east of Bambrough Drive at Chatsworth in Slayter Creek
Park and improvements along the eastern edge of phases 8, 10,
and 12 as shown in Exhibit L- O.
EXHIBIT F
Park Improvements
Lakeview Estates, Anna
Irrigation
130,560.00
10 Trees (3")
2,500.00
Hydro Mulch (see reap)
2,000.00
Bermuda Sod (see map)
73,000.00
Grading/Spraying weeds for New Grass Area
12,000.00
Dock Repairs
10,000.00
Playground (Installation, Material, Wood Fiber)
160,000.00
Concrete Edge for Playground
12,000.00
4 ft Tall Fence by Playground (approx. 200 LF)
3,800.00
Pavilion with engineered drawings and install (24x24)
36,000.00
Pavilion concrete pad (24' x 24')
4,500.00
Additional 8' wide Hike and Bike Trail (1,250 LF)
76,375.00
Restroom Structure
105,000.00
4 Pet Stations
3,000.00
Water Fountain/Pet Fountain
4,500.00
3 Trash. Receptacles
2,700.00
Retaining Wall along parking lot
3,500.00
Head Wall along pond
25,000.00
Contingency
27,364.00
Total
693,799.00
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Park Improvements
West crossing
Anna
Irrigation 72,800.00
Bermuda Sod (see reap) 22,800.00
Playground (Installation, Material, Wood Fiber) 103,000.00
Concrete Edge for Playground 12,000.00
Additional 8' wide Hike and Bike Trail (300 LF) 18,330.00
4 Pet Stations 3,000.00
Grading 6,000.00
Curlex and Seed in additional disturbed area 6,250.00
1 Trash Recptacle 900.00
Contingency 18,000.00
Total 263,080.00
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THE CITY OF
Anna
AGENDA ITEM:
[Lai4111 z r-Mto]
City Council Agenda
Staff Report
Meeting Date: 6/11 /2019
Consider/Discuss/Action on an Ordinance Amending the Fee Schedule relating to Building Permit
Fees and Building Inspection Fees. (Ashley Stathatos)
SUMMARY:
Staff is bringing new building permit and inspection fees to Council for consideration.
The goals for doing so are to ensure compliance with recently adopted state legislation, provide
funding to cover third party fee restructuring and increases beyond City control, as well as, initiate
an internal business unit to provide timely permitting and cost containment going forward.
Staff completed a market assessment to ensure Anna's fees remain competitive with neighboring
cities while at the same time, they are high enough to cover costs associated with growth and
development. The aim is to move beyond the current status quo and provide higher service levels
to the development community. Staff aims to streamline building processes making it quick and
easy to get permits in Anna, a much desired need of all builders and contractors.
Additionally, at a future meeting, staff will present a comprehensive plan to transition to an in-
house building department. An in-house building department is necessary to be able to sustain
the city's growth.
STAFF RECOMMENDATION:
Approve Ordinance Amending the Building Permit Fees and Building Inspection Fees.
ATTACHMENTS:
Description
Building Fees Ordinance
BV 2009 Contract
BV 2010 Contract
BV Letter
BV Amendment
House Bill 852
Upload Date
Type
6/6/2019
Staff Report
6/6/2019
Staff Report
6/6/2019
Staff Report
6/6/2019
Staff Report
6/6/2019
Staff Report
6/6/2019
Staff Report
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY
CODE OF ORDINANCES BY AMENDING PART IV; SCHEDULE OF FEES;
PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT
TO EXCEED $500; PROVIDING FOR SAVINGS, SEVERABILITY, AND
REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City of Anna, Texas ("the City") has previously adopted
ordinances, rules and regulations governing Schedule of Fees; and
WHEREAS, the City of Anna, Texas City Council has investigated and determined
that it would be advantageous and beneficial to the City and its citizens to amend
Part IV, Schedule of Fees, Article 2, Sections 1, 2, 3, and 4; and Article 3,
Sections 1 and 2 of The Anna City Code of Ordinances ("Anna Code") by adjusting
rates for permits and inspections to reflect actual costs of administration, plan
review and field inspections and removing items no longer used;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Amendment.
In accordance with Part II of Anna City Code of Ordinances, ("Anna Code"), the
following amendments are made to Part IV, Schedule of Fees, Article 2, Sections 1, 2,
3 and 4 and Article 3, Sections 1 and 2;
1
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Article 2. Building Permit Fees
Section 1. Building Registration Permit Fees
Registration of contractors is required. The fee for registration shall be $100 and shall be
submitted with each application for registration. Registration shall expire annually on the date
of the initial registration and shall be routinely reactivated by the payment of a renewal fee if
the application information remains accurate. The fee for renewal shall be the same as for the
initial registration. No permits will be issued to a contractor whose registration has expired.
Section 2. Residential Construction Permit Fees
2.01 Residential Building Application
Residential Building Application $60
2.02 Residential Certificate of Occupancy
Residential Certificate of Occupancy $50
2.03 Master Permit Plan Review
$200 per Elevation or Floorplan
SF, Duplex, Townhouse, Condominium, Multi -family
2.04 Plan Review
$150 per Unit
SF, Duplex, Townhouse, Condominium, Multi -family
$100 per Room for Additions, Alterations, Repairs, Remodels
2.05 Building Permit
$2,200 per Unit
SF, Duplex, Townhouse, Condominium
$1,100 per Unit
Multi -family
2.06 Additions, Alterations, Repairs, Remodels
$200 Plus $.70 of Total Enclosed Area, Minimum Charge of $785
2.07 Mechanical Permit
Mechanical Permit $125
2.08 Electrical Permit
Electrical Permit $125
2.09 Plumbing Permit
Plumbing Permit $125
2.10 Replacement Boilers/Water Heaters
Replacement Boilers/Water Heaters $125
Section 3. Commercial Construction Permit Fees
3.01 Commercial Building Application
Commercial Building Application $60
3.02 Commercial Certificate of Occupancy
Commercial Certificate of Occupancy $100
3.04 Change of Occupancy/New Business Name/New Owner
Change of Occupancy/New Business Name/New Owner $100
3.05 Plan Review
$.20 per SF
3.06 Building Permit
$.50 per SF of Total Enclosed Area
3.07 Shell Commercial Permit
$.35 per SF of Total Enclosed Area for Plan Review and Building Permit
3.08 Foundation Permit
All Building Permit Fees Must Be Paid Prior to Issuing Foundation Permit
3.09 Additions, Alterations, Repairs, Remodels
$.70 per SF of Total Enclosed Area
3.10 Commercial Electrical for Remodel
Included in Building Permit
3.11 Mechanical Permit
Mechanical Permit $125
3.12 Electrical Permit
Electrical Permit $125
3.13 Plumbing Permit
Plumbing Permit $125
3.14 Health Permit
Health Permit Per Collin County (If Applicable)
3.15 Dumpster Enclosure Permit
Dumpster Enclosure Permit $125
Section 4. Miscellaneous Permit Fees
4.01 Windows and Doors
Windows & Doors $100
4.02 Reroofing
Reroofing $100
4.03 Foundation Repair
Foundation Repair $100
4.04 Sewer Camera
Sewer Camera $100
4.05 Sidewalks, Approaches (Outside Right -of -Way)
Sidewalks, Approaches (Outside Right -of -Way) $100
4.06 Driveways (Outside Right -of -Way)
Driveways (Outside Right -of -Way) $100
4.07 Retaining Walls
Retaining Wall (Residential) $100
Retaining Wall (Commercial) $250
4.08 New Fence
New Fence $100
4.09 Irrigation
Irrigation Residential $100
Irrigation Commercial $250
4.10 Swimming Pools
Swimming Pool (In Ground) $450
Swimming Pool (Above Ground) $250
Spa/Hot Tub $100
4.11 Accessory/Storage Building/Pergola/Covered Patio/Deck
Accessory/Storage Building/Pergola/Covered Patio/Deck $125
(If less than 120 sf, there is no fee.)
4.12 Temporary Building/Construction Trailer
Temporary Building/Construction Trailer $200
4.13 Moving, Relocation, Demolition
Moving $100
Relocation $100
Demolition $100
(For demolition, mustprovide a letter regarding asbestos with application for
commercial building permit.)
4.14 Re -Inspection (In -House)
First Time $50
Second Time $75
Third Time or Thereafter $100
4.15 After Hours Inspection (In -House)
After Hours Inspection $200
4.16 Annual Rental Registration
Annual Rental Registration $25
4.17 Rental Inspection Program Certificate of Occupancy
Rental Inspection Program Certificate of Occupancy $50
Article 3. Building Inspection Fees
Section 1. Inspection Fees
1.01 General Construction Inspection Fee
A construction fee equal to 4% of the cost of the construction (as determined by the City's
consulting engineer), including water, sewer, streets and drainage facilities, shall be paid to the
City prior to the construction of any facilities.
The City shall hold 25% of the Subdivider's inspection fee in an Escrow account.
Section 1. Penalty.
Any violation of any of the terms of this ordinance, whether denominated in this
ordinance as unlawful or not, shall be deemed a misdemeanor. Any person
convicted of any such violation shall be fined in an amount not to exceed $500 for
each incidence of violation. Each violation is considered a separate offense and will
be punished separately.
Section 4. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are
repealed to the extent of that conflict. If any provision of this ordinance shall be
held to be invalid or unconstitutional, the remainder of such ordinance shall
continue in full force and effect the same as if such invalid or unconstitutional
provision had never been a part hereof. The City declares that it would have
passed this ordinance, and each section, subsection, clause, or phrase thereof
irrespective of the fact that any one or more sections, subsections, sentences,
clauses, and phrases be declared unconstitutional or invalid.
Section 5. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and after its passage and
upon the posting and/or publication, if required by law, of its caption and the City
Secretary is hereby directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, this 11t" day of June 2019.
APPROVED:
Mayor Nate Pike
ATTEST:
City Secretary Carrie Smith
CITY OF ANNA, TEXAS
RESOLUTION NO. 2009-09-01
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING
THE CITY MANAGER TO ACT ON THE CITYS BEHALF IN EXECUTING THE
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES WITH BUREAU
VERITAS NORTH AMERICA INC.
WHEREAS, the City Council ("City Council") of the City of Anna, Texas ("City") desires to
approve and authorize the engagement of BUREAU VERtTAs NORTH AMERICA INC. ("Bureau
Veritas") to provide the services specifically described in the attached Agreement for
Professional Consulting Services ("Agreement") that is attached hereto as Exhibit 1 and
incorporated herein as if set forth in full; and,
WHEREAS, the City Council has determined that the services of Bureau Veritas under the
Agreement will benefit the health, safety and welfare of the citizens of the City in providing for
Public Works Plan Review and/or Inspection Services to verify conformance of construction
plans and construction of a project with approved plans and specifications provided by the City;
and,
WHEREAS, the City Council recognizes that the Agreement between the City and Bureau
Ventas be approved and the City Manager's execution of same should be authorized and
approved, as set forth herein.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval and Authorization of Agreement.
The City Council hereby approves the Agreement attached hereto as Exhibit 1 and authorizes,
ratifies and approves the City Manager's execution of same. The City Manager and the City
Attorney are hereby authorized to execute all documents in a form approved by the City
Attorney and to take all other actions necessary to finalize, act under and enforce the
Agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas this the 8th day of
September, 2009.
FAL110fon
rrYi. W� 4W9&VR % -retary, Natha Wilkison
` "INN t',ka!:ittltl
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yor
Res. 200MM1 Agreement with Bureau Vedtas.doc 11 141%
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AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
THIS AGREEMENT is made and entered into to be effective as of the 8t" day of September,
2009, by and between the City of Anna, Texas (CLIENT), and Bureau Veritas North America
Inc, (CONSULTANT).
IN CONSIDERATION of the covenants hereinafter set forth, the parties hereto mutually agree
as follows:
ARTICLE I
SCOPE OF SERVICES
1.1 froiect Description
Each project shall be approved in writing, and signed by the City Manager, on a project sheet
example attached as Exhibit "C"
1.2 'Description of Services
(a) CONSULTANT shall perform Services described in Exhibit "A", Scope Scope of Services,
attached hereto and incorporated herein by this reference.
(b) CONSULTANT shall not have control over or charge of and shall not be responsible for
construction means, methods, techniques, sequences or procedures, or for safety
precautions and programs in connection with the work because these are solely the
construction contractor's responsibility. CONSULTANT shall not be responsible for the
construction contractor's schedules or failure to carry out the work in accordance with
the contract documents. CONSULTANT'shall not have control over or charge of acts or
omissions of the construction contractor, subcontractors, or their agents or employees,
or of any other persons- performing portions of the work.
1.3 Resnonsibilities of CLIENT
The Responsibilities of the CLIENT are described in Exhibit "B" attached hereto and
incorporated herein by this reference,
1.4 Schedule of Services
Upon receipt of written Notice to Proceed from the CLIENT, CONSULTANT shall perform
Services in the Scope of Services with diligence. CONSULTANT shall not be responsible for
delay, nor shall CONSULTANT be responsible for damages or be in default or deemed to be in
default by reason of strikes, lockouts, accidents, or acts of God, or the failure of CLIENT to
furnish timely information or to approve or disapprove CONSULTANTS work promptly, or delay
or faulty performance by CLIENT, other contractors, or governmental agencies, or any other
delays beyond CONSULTANTS control or without CONSULTANTS fault.
Exhlb
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792
ARTICLE 2
COMPENSATION
2.1 fee
CLIENT agrees to compensate CONSULTANT for the services, in accordance with the
approved project sheet, which shall include the applicable fees as set forth in this Section 2.1.
Example attached as Exhibit "C".
PLAN REVIEW ONLY - The fee is 1 % of the cost of construction.
INSPECTION ONLY - The fee is 2,5% of the cost of construction
PLAN REVIEW AND INSPECTION - The fee is 3% of the cost of construction
TEMPORARY BACK UP INSPECTION - The fee is $75/hour, minimum 2 hours.
EXISTING PROJECTS TBD based on percent completion
2.2 Payment Address
All payments due CONSULTANT shall be paid to:
Bureau Veritas
1000 Jupiter Road Suite 800
Plano, Texas 75074
2.3 Terms of Compensation
CONSULTANT will submit invoices monthly, in accordance with the payment schedule on the
approved project sheet example attached as Exhibit "C".
2.4 Additional Services
CLIENT may request CONSULTANT to perform additional services not covered by the specific
Scope of Services set forth in this Agreement, and CONSULTANT shall perform such services
and will be paid for such additional services when they are mutually agreed to and made part of
this Agreement by written amendment signed by both parties, or in a separate written
agreement signed by both parties.
ARTICLE 3 INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE
3.1 Indemnification
CONSULTANT agrees to indemnify and hold harmless CLIENT its officers and employees from
and against liability, damages, costs, losses, claims and expenses, including reasonable
attorneys' fees, arising out of the negligent acts, errors, or omissions of CONSULTANT in the
performance of this Agreement.
In the event CLIENT obtains indemnification for itself from another party performing work on the
Project, CLIENT shall require that party to indemnify CONSULTANT -to the same extent that
party indemnifies CLIENT, provided that CLIENT has the legal right to do so.
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3.2 Standard of Care.
The Services shall be performed in a manner consistent with the level of care and skill ordinarily
exercised by members of CONSULTANTS profession currently practicing under similar
conditions in Collin County, Texas.
3.3 Workers' Corn oensaton
CONSULTANT shall, edits own expense, purchase and maintain in full force atall times during
the term of this Agreement, Workers' Compensation and Employer's Liability Insurance of
form and in anamount aorequired by state |ovv.
3'4 Amsmromse
CONSULTANT shall, at its 0vvn expenme, purchase and maintain in full force at all times during
the term ofthis Agreement the following insurance:
Cwmmmngxc8mU General Liability Insurance. CONSULTANT shall maintain commercial general
liability insurance with limits of no |eea than one million dollars ($1.000`000.00) combined single
limit per occurrence or two million ($2.000.000.00) aggregate limit for bodily injury, personal
injury and property damage.
Automobile Liability Coverage. CONSULTANT shall maintain automobile liability insurance
covering all vehicles used in the performance ofthis Agreement providing a one million dollar
($1`000.000.00) combined singled limit per occurrence for bodily injury, personal injury and
property damage.
Professional Liability Coverage. CONSULTANT shall maintain professional liability insurance
with coverage for all negligent errors, acts oromissions committed by CONSULTANT, its agents
and employees inthe performance ofthis Agreement. The amount ofthis insurance shall not be
less than Uwe hundred thousand ($500.000.00) on a claims made annual aggregate basis or o
combined single limit per occurrence basis.
Other Insurance provisions
1. With respect to the insurance policies described in this Section 3/4, except as to
professional UabUb« the CLIENT, its officials, ofUmana and employees shall be covered
as an additional inured for liability arising out of activities performed by or on behalf of
CONSULTANT and operations of CONSULTANT. The coverage shall contain no special
limitations on the scope or protection afforded to CL|ENT, its officials, officers and
employees. The certificate of insurance shall state that the insurance company must
provide atleast 3Udays notice tothe CLIENT prior tocancellation ofany policy.
2. CONSULTANT'S policies shall be primary insurance with respect to CLIENT, its officials,
officers and employees. Any insurance, risk pooling pn|ioy, or self-insurance programs
maintained by CL|ENT, its ofhnia|s, officers or employees mho|| be in excess of
CONSULTANT'S insurance and shall not contribute with it.
3' CC}/VSL8-T4/VT shall maintain the required insurance policies during the term of this
Agreement and shall provide to CL|ENT, prior to CONSULTANTS performance
hereunder, proof that these insurance policies are infull force and effect.
minowe
4. Any failure 10 comply with the reporting provisions ofthe policy shall not affect the
coverage provided huthe CLIENT, its officials, officers nremployees.
3~5 Notice of Cancellation
CONSULTANT agrees to provide thirty (30) days written Notice to CLIENT prior to oanme||abon
ofany policy.
3.6 CLIENT Provided Information
CONSULTANT shall not be liable for damages, costa. |osoea, dainno and expenses, including
reasonable atblrneya'feea, due to incorrect data or information provided by the CLIENT, except
that in any event of alleged joint or concurrent negligence or fault of both CONSULTANT and
the CLIENT, /emponsibi|ity, if any, shall be apportioned comparatively in accordance with the
laws of the State of Texas vvi[hoUt, hovxeVe[, waiving any defense or limitation that
CONSULTANT orCLIENT may assert under applicable law.
3,7 -independent Contractor, No Joint Control
CONSULTANT acknowledges and accepts this relationship of trust and confidence between the
CLIENT and the CONSULTANT pursuant to the contracted aen/imse provided. C{)KSLLT4/VT
further acknowledges the reliance that the CLIENT is placing on its professional mh||| and
judgment and as such, CONSULTANT shall furnish its skill and judgment and shall perform its
responsibilities in a professional manner. It is expressly understood and agreed that the CLIENT
shall have no right of cuntro|, aupervision, or direction over [}[)KSUL34/V7-'S or its agents' or
representatives' performance of any vvmrh or service nor will the CLIENT cunbn| the means,
methods, sequenoes, proceduree, or techniques utilized by CONSULTANT to podbrnn xvurh or
services, which shall perform such work or services strictly as an independent contractor. There
shall be no joint control over the work or services. CONSULTANT shall not be responsible for
the rneann, nnethoda, procedunss, performance or safety of the construction contractors or
subcontractors, 0[for their errors or omissions.
ARTICLE 4
TERMINATION
4.1 Termination mfContract
This Agreement may be terminated by either party at any time with V[without cause upon thirty
(30)days prior written Notice. In the event 0ftermination byCLIENT, CONSULTANT shall [e
paid within thirty (30) days of submittal of invoice for all services performed to the data of
termination and for all expenses directly attributable to the berrn}nation, including, but not limited
to, any cancellation charges by sub consultants and/or contractors, record copies and shipping
of all records to the successor organization and /orCLIENT.
RECTAW9
0�,u
ARTICLE 6
NOTICE
5.1 Reauired Notices
All notices required here shall be sent via First Class U.S. Certified Mail, Return Receipt
Requested to the parties as follows:
If to CLIENT:
City of Anna, City Manager
111 N. Powell Parkway
Anna, TX 75409
If to CONSULTANT
Bureau Veritas North America, Inc
ATTN: Rick Herzberger, Division Director
1000 Jupiter Road, Suite 800
Piano, TX 75074
ARTICLE 6
GENERAL PROVISIONS
6.1 Representation
A CLIENT representative shall be designated by the CLIENT and a CONSULTANT
representative shall be designated by CONSULTANT as the primary contact person for each
party regarding performance of this Agreement on the approved project sheet.
6.2 Non -Discrimination
In the performance of the terms of this Agreement, CONSULTANT shall not engage in
discrimination in the employment of persons because of race, creed, color, religion, national
origin, age, disability, marital status, sexual orientation or gender.
6.3 Legal Action
This Agreement is performable in Collin County, Texas, and should either party to this
Agreement bring legal action against the other, the case shall be handled in a court of
competent jurisdiction in Collin County, Texas.
6.4 Assignment
This Agreement shall be assignable by either party with the prior written consent of the other
party.
Notwithstanding the above, CONSULTANT may use the services of persons and entities not in
their employ, when it is appropriate and customary to do so. Such persons and entities include,
but are not necessarily limited to, surveyors, specialized consultants, and testing laboratories.
5 of 16
CONSULTANTs use of others for additional services shall not be unreasonably restricted by the
CLIENT provided CONSULTANT notifies the CLIENT in advance.
6.6 Hazardous Materials
Unless otherwise provided in this Agreement, CONSULTANT and its sub consultants and/or
contractors shall have no responsibility for the discovery, presence, handling, removal or
disposal of, or exposure of persons to hazardous materials in any form at the site of the Project.
6.6 Extent of Agreement
This Agreement represents the entire and integrated Agreement between CLIENT and
CONSULTANT, with respect to the subject matter of this Agreement, and supersedes all prior
negotiations, representations or agreements, either written or oral. This Agreement may be
modified or amended only by a subsequent written agreement signed by both parties.
ARTICLE 7
MSCELLANEOLIS
7.1 Licenses/Certifications
CONSULTANT represents that it and, where appropriate, each and every employee or agent
performing under this Agreement, has the capability, experience, means and appropriate
licenses and certifications required to perform the services contemplated by this Agreement
7.2 Work Product
All work papers, records, reports, findings, recommendations, data, memoranda, appraisals, or
other documents prepared by CONSULTANT pursuant to this Agreement, regardless of their
nature or source, become the property of the CLIENT once the CONSULTANT has been paid
for the preparation.
7.3 Safety
CONSULTANT shall ensure that its employees and agents are aware of and comply with safety
requirements before working at any construction site or other dangerous area. Safety
requirements include, without limitation, wearing hard hat, safety glasses and footwear.
7.4 Compliance with Law
CONSULTANT and CLIENT shall use reasonable care to comply with all applicable federal,
state and local laws in effect at the time of the services performed hereunder which, to the best
of their knowledge, information and belief, apply to their respective obligations under this
Agreement.
6 of 10
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and
year first above written.
0 1 Al
M".
Title:
Signature:
Date:
IIIIIIIIIJAMS
Bureau Veritas.
By: YA t J -19, t.VJ
Title: V t Prn.-,Jehl
Signature: K4�
Date: /1 ('Lo'l
Exhibit "A" - Scope of Services
Inspections
The CONSULTANTmhal| provide Public Works Plan Review and/or Inspection Services to verify
conformance of construction plans and construction of a project with approved plans and
specifications provided bvCLIENT.
Plan Review Services shall include, but is not limited to: verification of plan compliance with
adopted public works standards, attending pre -plan design meeting, follow up on design issues.
Inspection Services shall include, but is not limited to: site observations, writing correction
notices and field reports, attending meetings, and answering in person or telephone inquires.
The CONSULTANT will provide all applicable daily inspection records and project
correspondence.
Technical Support
The CONSULTANT will be available for technical support ononosneeded basis. This includes
but ksnot limited topre-construction orfield site meetings. This support will also include e-noaU.
conference calls and electronic support aaneeded.
CONSULTANT will provide field staff for observation purposes ononomneeded basis.
Other Services Excluded
The Scope of Services under this Agreement is intended to include plan review services and
inspection aen/imea related to the construction of public improvements and infrastructure only
and does not include plan review services or inspection services ne|mbsd to commercial or
residential buildings.
Exhibit "B" — Client's Responsibilities
Provide approved plans, applicable codes, and ordinances applicable to the "project".
9 of 10
Project name:
Project Address:
Project valuation:
Fee:
Payment schedule (if applicable):
CITY OF ANNA
By:
Title:
Signature:
Date:
W;j7g-
P BUREAU
VERITAS
Exhibit "C" — Project Sheet
10 of 10
Bureau Veritas
By:
Title:
Signature:
Date:
CITY OF ANNA, TEXAS
RESOLUTION NO. 2010-04-06
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING
THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING THE
MASTER CONTRACT FOR PLAN REVIEW AND INSPECTION SERVICES WITH
BUREAU VERITAS NORTH AMERICA INC.
WHEREAS, the City Council ("City Council") of the City of Anna, Texas ("City") desires
to approve and authorize the engagement of BUREAU VERITAS NORTH AMERICA
INC. ("Bureau Veritas") to provide the services specifically described in the attached
Master Contract for Plan Review and Inspection Services ("Agreement") that is attached
hereto as Exhibit 1 and incorporated herein as if set forth in full; and,
WHEREAS, the City Council has determined that the services of Bureau Veritas under
the Agreement will benefit the health, safety and welfare of the citizens of the City in
providing for Plan Review and/or Inspection Services to verify conformance and
compliance with the building and construction codes adopted by the City; and,
WHEREAS, the City Council recognizes that the Agreement between the City and
Bureau Veritas be approved and the City Manager's execution of same should be
authorized and approved, as set forth herein;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval and Authorization of Agreement.
The City Council hereby approves the Agreement attached hereto as Exhibit 1 and
authorizes, ratifies and approves the City Manager's execution of same. The City
Manager is hereby authorized to execute all documents and to take all other actions
necessary to finalize, act under and enforce the Agreement.
PASSED by the City Council of the City of Anna, Texas, on this 13 th day of April, 2010.
ATTEST:
ao
,
Ka�ha Wilkison, City Secretary Ma
p,,
O, r R. Driskell
FA Ma r
4
Res. No. 2010-04-06 Contract with Bureau Veritas.doc RAIM *F1 04-13-10
MASTER CONTRACT FOR PLAN REVIEW AND INSPECTION SERVICES
This Master Contract for Plan Review and Inspection Services (this "Agreement") is for plan review and inspection
services provided by Bureau Veritas North America Inc., (herein called "BVNA"), for the City of Anna, Texas
("Jurisdiction"). In exchange for the mutual promises made herein, BVNA and the Jurisdiction agree as follows:
BVNA and the representatives of BVNA are charged as the Department of Building Safety for the relevant
provisions of the Jurisdiction's adopted —as amended by the Jurisdiction —Building Code, Residential Code,
Mechanical Code, Electrical Code, Plumbing Code, Energy Code and Fuel Gas Code, as published by the
International Code Council, and the Outdoor Lighting Code.
BVNA and the representatives of BVNA are charged with the enforcement of the provisions of the Jurisdiction's
codes and regulations as set forth herein in the capacity of an independent contractor.
Plan Review
Plan Review services shall be conducted by BVNA as required by the Jurisdiction's Building Code, Residential
Code, Mechanical Code, Electrical Code, Plumbing Code, Energy Code, Fuel Gas Code, Outdoor Lighting Code,
and the Jurisdiction's related regulations (all as amended and approved by the Jurisdiction and provided to BVNA).
Applicants will be notified of Plan Review Comments and are responsible for addressing comments to the
satisfaction of the Jurisdiction. The Jurisdiction has final interpretive authority over all plans and specifications.
Permits are issued by the Jurisdiction.
Inspections
Inspection services shall be conducted by BVNA as required by the Jurisdiction's Building Code, Residential Code,
Mechanical Code, Electrical Code, Plumbing Code, Property Maintenance Code, Energy Code, Fuel Gas Code,
Outdoor Lighting Code, and Part II, Article 8, "Building Regulations" of The Anna City Code of Ordinances,
including but not limited to Multi -Family Dwelling Regulations and the Jurisdiction's related regulations (all as
amended and approved by the Jurisdiction and provided to BVNA. Special inspections as specified in chapter 17 of
the adopted International Building Code are not included and may be required as specified in the International
Building Code. Any violations of the Jurisdiction's codes or concealment of any work prior to approval by BVNA
will be reported to the Building Official of the Jurisdiction. The Building Official, or other designated Official of the
Jurisdiction, is the final interpretive authority and the Certificate of Occupancy will be issued at the discretion of the
Jurisdiction.
Fire Code Service
Fire alarm and Fire sprinkler system plan review and inspection service shall be in accordance with the
Jurisdiction's adopted Fire Code and the Jurisdiction's related regulations (all as amended and approved by the
Jurisdiction and provided to BVNA).
Services Rendered by Jurisdiction
Notwithstanding any provision of this Agreement, the Jurisdiction may at any time perform or contract with third
parties to perform the types of services described in this Agreement for any given project or circumstance. In the
event that Jurisdiction undertakes to provide any such services. Jurisdiction shall indemnify. defend and hold
harmless BVNA against and from any claims and suits for damaees or injury to the extent caused solely by
Jurisdiction's negligent or wrongful acts or omissions relating to Jurisdiction's provision of such services, and
against and from all costs, attorney's fees and costs of defense, expenses and liabilities related to any claim or any
��U YP4
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1 p
action or proceeding brought within the scope of this indemnification provision. BVNA, however, shall not be
required to indemnify or defend the Jurisdiction for the Jurisdiction's negligence or willful misconduct.
Insurance
BVNA shall, at its own expense, purchase and maintain in full force at all times during the term of this Agreement
the following insurance:
Commercial General Liability Insurance BVNA shall maintain commercial general liability insurance
with limits of no less than one million dollars ($1,000,000.00) combined single limit per occurrence or two million
dollars ($2,000,000.00) aggregate limit for bodily injury, personal injury and property damage.
Automobile Liability Coverage BVNA shall maintain automobile liability insurance covering all vehicles
used in the performance of this Agreement providing a one million dollar ($1,000,000.00) combined singled limit
per occurrence for bodily injury, personal injury and property damage.
Professional Liability Coverage BVNA shall maintain professional liability insurance with coverage for all
negligent errors, acts or omissions committed by BVNA, its agents and employees in the performance of this
Agreement. The amount of this insurance shall not be less than five hundred thousand ($500,000.00) on a claims
made annual aggregate basis or a combined single limit per occurrence basis.
Compliance with State of Texas Workers' Compensation Requirements BVNA, pursuant to Texas law,
shall provide workers' compensation insurance to cover its employees.
Other Insurance Provisions
1. With respect to Commercial General Liability and Automobile Liability Insurance above, the
Jurisdiction, its officials, officers and employees shall be covered as additional insured for liability
arising out of activities performed by or on behalf of BVNA and operations of BVNA. The coverage
shall contain no special limitations on the scope or protection afforded to Jurisdiction, its officials,
officers and employees.
2. BVNA's insurance coverage shall be primary insurance with respect to Jurisdiction, its officials,
officers and employees. Any insurance, risk pooling policy, or self-insurance programs maintained by
Jurisdiction, its officials, officers or employees shall be in excess of BVNA's insurance and shall not
contribute with it.
3. BVNA shall maintain the required insurance policies during the term of this Agreement and shall
provide to Jurisdiction, prior to BVNA's performance hereunder, proof that these insurance policies
are in full force and effect.
4. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided
to the Jurisdiction, its officials, officers or employees.
Notice
All notices required here shall be sent via First Class U.S. Certified Mail, Return Receipt Requested, to the parties as
follows:
If to Jurisdiction: City of Anna, Texas
Attn: City Manager
111 N. Powell Parkway
Anna, Texas 75409
If to BVNA: Bureau Veritas North America, Inc.
Attn: Rick Herzberger
1000 Jupiter Road, Suite 800
Plano, Texas 75074
BV I&F NA_#5 (Rev. 5.1.2006)
Page 2 of 6
13 P V P11TAS
Fees
In exchange for the services, the Jurisdiction will pay to BVNA fees according to the schedule attached hereto and
incorporated herein for all purposes on Exhibit A and Exhibit B ("Fee Schedule"). The Jurisdiction will be billed for
services rendered monthly, and due within 30 days of receipt of invoice,
Standards, Control Over Work, Indemnity
BVNA acknowledges and accepts this relationship of trust and confidence between the Jurisdiction and BVNA pursuant
to the contracted services to be provided. BVNA further acknowledges the reliance that the Jurisdiction is placing on its
professional skill and judgment and as such, BVNA shall perform its responsibilities in a professional manner. Further,
BVNA shall perform the services required hereunder in accordance with the applicable professional standards and
building codes. It is expressly understood and agreed that the Jurisdiction shall have no right of control, supervision, or
direction over BVNA's or its agents' or representatives' performance of any work or services nor will the Jurisdiction
control the means, methods, sequences, procedures, or techniques utilized by BVNA to perform work or services. There
shall be no joint control over the services. BVNA shall indemnify, defea and hold harmless Jurisdiction against and
from any and all claims and suits for damages or injury to the extent arising from BVNA's negligent or wrongful
performance of this Agreement or its obligations hereunder, and shall further indemn:ifL defend and hold harmless
Jurisdiction against any and all claims or suits to the extent arising from any breach or default of any performance or
obligation of BVNA hereunder, and against and from all costs, attorrigy's fees and costs of defense, expenses and
liabilities related to any claim or any action or proceeding brought within the scope of this indemnification provision.
BVNA, however, shall not be required to indemnify or defend the Jurisdiction for the Jurisdiction's negligence or willful
misconduct.
Risk Allocation and Limitation of Liability
Jurisdiction agrees that in no instance shall BVNA be responsible, in total or in part, for the errors or omissions of
any professional, contractor, subcontractor or any other party that is not hired by or under the control of BVNA.
Jurisdiction also agrees that BVNA shall not be responsible for the means, methods, procedures performance or
safety of such construction contractors or subcontractors, or for their errors or omissions.
Assigns
Neither party may assign this Agreement or any right or obligation hereunder without the prior written consent of the
other party, which shall not be unreasonably withheld or delayed; provided, however, that no consent shall be necessary
in the event of an assignment to a successor entity resulting from a merger, acquisition or consolidation by either party or
an assignment to an affiliate of either party if such successor or affiliate assumes all obligations under this Agreement.
Any attempted assignment which requires consent hereunder, shall be void and shall constitute a material breach of this
Agreement if such consent is not obtained.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the state where the work is
performed in a court of competent jurisdiction.
Third Party Beneficiary
It is expressly understood and agreed that the enforcement of these terms and conditions shall be reserved to
Jurisdiction and BVNA. Nothing contained in this Agreement shall give or allow any claim or right of action
whatsoever by any third person. It is the express intent of Jurisdiction and BVNA that any such person or entity,
other than Jurisdiction or BVNA, receiving services or benefits under this Agreement shall be deemed an incidental
beneficiary.
Interpretation of Agreement
This Agreement shall be interpreted as though prepared by all parties and shall not be construed unfavorably against
either party.
Termination
This Agreement may be terminated without penalty by either party with 90 days written notice.
BV I&F NA—#5 (Rev. 5.1.2006)
Page 3 of 6
R I AU
R 1( AS
Licenses/Certifications
BVNA represents that it and, where appropriate, each and every employee or agent performing under this
Agreement, has the capability, experience, means and appropriate licenses and certifications required to perform the
services contemplated by this Agreement.
Work Product
All work papers, records, reports, findings, recommendations, data, memoranda, appraisals, or other documents
prepared by BVNA pursuant to this Agreement, regardless of their nature or source, become the property of the
Jurisdiction once BVNA has been paid for the preparation.
Safety
BVNA shall ensure that its employees and agents are aware of and comply with safety requirements before working
at any construction site or other dangerous area. Safety requirements include, without limitation, wearing approved
hard hat, safety glasses and footwear, complying with all applicable state and federal safety, health, and employment
laws and regulations, and complying with the City's ordinances and regulations regarding close -space entry.
Compliance with Law
BVNA and Jurisdiction shall use reasonable care to comply with all applicable federal, state and local laws in effect
at the time the services are performed hereunder which, to the best of their knowledge, information and belief, apply
to their respective obligations under this Agreement.
Entire Agreement
This Agreement represents the understanding between the parties in its entirety and no other agreements either oral
or written exist between the Jurisdiction and the BVNA, except for that certain Agreement for Professional
Consulting Services made and entered into the 8th day of September 2009, which governs work and projects outside
the scope of this Agreement.
Bureau VeritUasNo ?A erica Inc. — BVNA
epresentative o
Print Name
City of Anna, Texas - Jurisdiction
Reiresentativm Jurisdiction
- A I'
Print Name I
BV I&F NA #5 (Rev. 5.1,2006)
Dto C-A Dt "e, --go—
Title
t 0
Date
Date
Page 4 of 6
EXHIBIT A
FEESCHEDULE
Commercial and Multi -Family construction plan review*
Valuation
Fee
$1.00 to $10,000 00
$50 00
$10,001 00 to $25,000 00
$58.91 for the first 0010,000 00 plus $4. 55 for each
additional $1000.
$25,00100 to $50,000.00
$127.15 for the first $25,000.00 plus $3. 607 for each
additional $1000.
$50,001.00 to $100,000.00
$209.21 for the first $50,000.00 plus $2 275 for each
00
additional $1000.
$100,00100 to $500,000. 00
$322•96 for the first $100,000.00 plus $1.82 for each
additional $1000.
$500,001.00 to $ 1,000,000. 00
$1050.96 for the first $0500,000.00 plus $1 54 for
each additional $1000.
$1,000,001.00 and up
$1822.84 for the first $10,000,00000 plus $1.02 for
each additional $1000.
Single Family Residential construction plan review and inspection*
Commercial and Multi -Family construction inspection*
Valuation
Fee
$100 to $10,000.00
$76.92
$10,001.00 to $25,00000
$90.62 for the first$ 10,000.00 plus $7.00 for each
additional $1000.
$25,001.00 to $50,000.00
$195.62 for the first $25,00000 plus $505 for each
additional $1000.
$50,00100 to $100,00000
$321.87 for the first $50,000.00 plus $3.50 for each
additional $1000.
$100,00100 to $500,000. 00
$496.87 for the first $100,00000 plus $2.80 for each
additional $1000.
$500,001.00 to $ 1,000,000. '0
$1616.87 for the first $ 000,000.00 plus $2.375 for
each additional $1000.
00
$1,000,001. and up
$2804.37 for the first $1,000,00000 plus $1.575
for each additional $1000.00
*All fees billed upon issuance of the permit by the Jurisdiction
BV I&F NA #5 (Rev. 5.1.2006)
Page 5 of 6
Exhibit 8
Fee Schedule
Fire Code Plan Review Services
(fire alarm and/or sprinkler system)
unto $250,00
$ 500
$251.000m$500.000
$ mm
m501,000$o$1,000.000
$1.100
$1.001.000wo$3.000.000
$1.600
$3.001.000mm$6.000.000
o2.400
$u.001.onoand vp
oz.400plus $o.2ofor each additional $1.oun
Fire Code Inspection Services Mrs alarm and/or sprinkler system)
upmo*zoo.000
* 750
$251.000oz$500.000
*1.050
*501.000m$1.000'000
$1.3e0
$1.001.000vz$3.000.000
$1.e00
$3.001.000to$6.000.000
$2,850
$6.001.000and uw
*u'eooplus $n.25for each additional $1.noo
- Value ($) Is total value of project
6
Page 6 of 6
)TABUVE
May 31, 2019
RE: 2019 Texas Legislative Action, HB 852,
Prohibition on Certain Value -Based Building Permit and Inspection Fees
Many cities currently base residential building permit fees on the cost of a proposed structure or
improvement. HB 852 prohibits this practice. This bill was signed by the governor on May 21, and is
effective immediately. There is no grace period, so cities using valuation as the basis for residential
permit fees must change their method for calculating fees as soon as possible. Options include square
footage -based fees, flat fees, or other non -cost- based calculation.
A copy of HB 852 is included. The bill provides:
a. In determining the amount of a building permit or inspection fee required in connection with
the construction or improvement of a residential dwelling, a municipality may not consider:
(1) the value of the dwelling; or
(2) the cost of constructing or improving the dwelling.
b. A municipality may not require the disclosure of information related to the value of or cost of
constructing or improving a residential dwelling as a condition of obtaining a building permit
except as required by the Federal Emergency Management Agency for participation in the
National Flood Insurance Program.
Bureau Veritas will modify our fees for residential projects that are affected by this legislation and will
send an amendment to your existing agreement.
Kind Regards,
H.B. No. 852
1. AN ACT
2. relating to information a municipality may consider in determining
3. the amount of certain building permit and inspection fees.
4. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
5. SECTION 1. Subchapter Z, Chapter 214, Local Government
6. Code, is amended by adding Section 214.907 to read as follows:
7. Sec. 214.907. PROHIBITION ON CERTAIN VALUE -BASED BUILDING
8. PERMIT AND INSPECTION FEES. (a) In determining the amount of a
9. building permit or inspection fee required in connection with the
10. construction or improvement of a residential dwelling, a
11. municipality may not consider:
12. (1) the value of the dwelling; or
13. (2) the cost of constructing or improving the
14. dwelling.
15. (b) A municipality may not require the disclosure of
16. information related to the value of or cost of constructing or
17. improving a residential dwelling as a condition of obtaining a
18. building permit except as required by the Federal Emergency
19. Management Agency for participation in the National Flood Insurance
20. Program.
21. SECTION 2. Section 214.907(a), Local Government Code, as
22. added by this Act, applies only to a building permit or inspection
23. fee assessed by a municipality on or after the effective date of
24. this Act in connection with the construction or improvement of a
25. residential dwelling.
26. SECTION 3. This Act takes effect immediately if it receives
27. a vote of two-thirds of all the members elected to each house, as
1
H.B. No. 852
28. provided by Section 39, Article III, Texas Constitution. If this
29. Act does not receive the vote necessary for immediate effect, this
30. Act takes effect September 1, 2019.
President of the Senate
Speaker of the House
I certify that H.B. No. 852 was passed by the House on April 16, 2019,
by the following vote: Yeas 126, Nays 9, 2 present, not voting.
Chief Clerk of the House
I certify that H.B. No. 852 was passed by the Senate on May 8, 2019, by
the following vote: Yeas 29, Nays 2.
APPROVED:
Date
Governor
VA
Secretary of the Senate
The following is hereby accepted as an amendment to Attachment B (Fee Schedule) of the Agreement for
Professional Counsulting Services between Bureau Veritas North America, Inc. and the City of Anna,
Texas, dated 9/15/2009 by changing a heading on the existing inspection fee table and by adding an
additional method of calculating fees for residential construction referenced in HB 852, signed into law May
21, 2019.
FEE SCHEDULE
Modify the existing inspection fee table by changing the heading, "Single Family Residential
construction plan review and inspection" to "Residential construction plan review and
inspection".
Add a new plan review and inspection fee table for 1 & 2 family residential dwellings.
Construction or Improvement of a Residential Dwelling
New Residential Construction
Square Footage (S.F.)
Fee
0 - 1,500 S.F.
$785.00
1,501 - 10,000 S.F.
$785.00 for the first 1,500 S.F. plus $0.35 for each
additional S.F. to and including 10,000 S.F.
Over 10,000 S.F.
$3,760.00 for the first 10,000 S.F. plus $0.15
for each additional S.F. over 10,000 S.F.
Alteration/Addition for Residential Construction
Trade Permits
Fee
Building, Mechanical, Electrical, Plumbing,
$100.00 per trade
Fuel Gas and similar
Other project types not listed above
$160.00 per trade
City of Anna, Texas
By:
Title:
Signature:
Date:
Bureau Veritas, North America, Inc.
By: Van Tran
Title: VP Facilities Division, Central & East
Signature:
Date: 6/5/2019
DTQRR: David Stanford
Date: 6/5/2019
City of Anna, Texas Amendment, 6/5/2019
)TABUVE
May 31, 2019
RE: 2019 Texas Legislative Action, HB 852,
Prohibition on Certain Value -Based Building Permit and Inspection Fees
Many cities currently base residential building permit fees on the cost of a proposed structure or
improvement. HB 852 prohibits this practice. This bill was signed by the governor on May 21, and is
effective immediately. There is no grace period, so cities using valuation as the basis for residential
permit fees must change their method for calculating fees as soon as possible. Options include square
footage -based fees, flat fees, or other non -cost- based calculation.
A copy of HB 852 is included. The bill provides:
a. In determining the amount of a building permit or inspection fee required in connection with
the construction or improvement of a residential dwelling, a municipality may not consider:
(1) the value of the dwelling; or
(2) the cost of constructing or improving the dwelling.
b. A municipality may not require the disclosure of information related to the value of or cost of
constructing or improving a residential dwelling as a condition of obtaining a building permit
except as required by the Federal Emergency Management Agency for participation in the
National Flood Insurance Program.
Bureau Veritas will modify our fees for residential projects that are affected by this legislation and will
send an amendment to your existing agreement.
Kind Regards,
H.B. No. 852
1. AN ACT
2. relating to information a municipality may consider in determining
3. the amount of certain building permit and inspection fees.
4. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
5. SECTION 1. Subchapter Z, Chapter 214, Local Government
6. Code, is amended by adding Section 214.907 to read as follows:
7. Sec. 214.907. PROHIBITION ON CERTAIN VALUE -BASED BUILDING
8. PERMIT AND INSPECTION FEES. (a) In determining the amount of a
9. building permit or inspection fee required in connection with the
10. construction or improvement of a residential dwelling, a
11. municipality may not consider:
12. (1) the value of the dwelling; or
13. (2) the cost of constructing or improving the
14. dwelling.
15. (b) A municipality may not require the disclosure of
16. information related to the value of or cost of constructing or
17. improving a residential dwelling as a condition of obtaining a
18. building permit except as required by the Federal Emergency
19. Management Agency for participation in the National Flood Insurance
20. Program.
21. SECTION 2. Section 214.907(a), Local Government Code, as
22. added by this Act, applies only to a building permit or inspection
23. fee assessed by a municipality on or after the effective date of
24. this Act in connection with the construction or improvement of a
25. residential dwelling.
26. SECTION 3. This Act takes effect immediately if it receives
27. a vote of two-thirds of all the members elected to each house, as
1
H.B. No. 852
28. provided by Section 39, Article III, Texas Constitution. If this
29. Act does not receive the vote necessary for immediate effect, this
30. Act takes effect September 1, 2019.
President of the Senate
Speaker of the House
I certify that H.B. No. 852 was passed by the House on April 16, 2019,
by the following vote: Yeas 126, Nays 9, 2 present, not voting.
Chief Clerk of the House
I certify that H.B. No. 852 was passed by the Senate on May 8, 2019, by
the following vote: Yeas 29, Nays 2.
APPROVED:
Date
Governor
VA
Secretary of the Senate
THE CITY OF
Anna
AGENDA ITEM:
I[L�ii1►C��ifi�
City Council Agenda
Staff Report
Meeting Date: 6/11 /2019
Consider/Discuss/Action on an Ordinance Amending the Subdivision Regulations and Schedule
of Fees Regulating the Park Development Fund. (Ashley Stathatos)
SUMMARY:
Staff is bringing an ordinance to you for consideration pertaining to the Parks Development fund
and the revenue within the fund. Currently, the Parks Development Fund can be used for capital
improvements and the purchase of land. This Ordinance would, also, allow for planning,
engineering, design and construction of parks facilities, maintenance and equipment associated
with new and modernized facilities, long range planning and special studies. In addition, the new
language adds clarity and eliminates misinterpretation of the Parks Development Fund and its
intended use.
STAFF RECOMMENDATION:
Approve the Ordinance Amending the Subdivision Regulations and Schedule of Fees Regulating
the Park Development Fund.
ATTACHMENTS:
Description Upload Date Type
Park Development Fund 6/6/2019 Staff Report
CITY OF ANNA, TEXAS ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE ANNA CITY
CODE OF ORDINANCES BY AMENDING PART III -A SUBDIVISION
REGULATIONS, ARTICLE 4 PUBLIC SITES AND OPEN SPACES, SECTIONS
5.03 (d) AND 5.05; AMENDING PART IV SCHEDULE OF FEES, ARTICLE 4
DEVELOPMENT FEES, SECTION 6 PARKS, SCHOOL SITES, PUBLIC AREAS
PERMIT FEES; PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS
ORDINANCE NOT TO EXCEED $500; PROVIDING FOR SAVINGS,
SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FORTHE PUBLICATION OFTHE CAPTION
HEREOF.
WHEREAS, the City of Anna, Texas (the "City") previously adopted ordinances,
rules and regulations governing the Subdivision Regulations and Schedule of
Fees; and
WHEREAS, the City of Anna, Texas City Council has investigated and determined
that it would be advantageous and beneficial to the City and its citizens to amend
Part III -A Subdivision Regulations, Article 4 Public Sites and Open Spaces, Section
5.03 (d) Dedication of Land and Payment of Park Development Fee, Section 5.05
Park Development Fund, and Part IV Schedule of Fees, Article 4 Development Fees,
Section 6 Parks, School Sites, Public Areas Permit Fees of The Anna City Code of
Ordinances ("Anna Code") by amending regulations related to park development
fees and the park development trust fund;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ANNA, TEXAS:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Amendment to Part III -A, Article 4, Section 5.03(d).
In accordance with The Anna City Code of Ordinances ("Anna Code"), the following
amendments are made to Part III -A Subdivision Regulations, Article 4, Public Sites
and Open Spaces, Section 5.03 (d):
5.03 General Requirement: Dedication of Land and Payment of Park
Development Fee
(d) Park Development Fee. In Add+fieR addition to the required dedication of land,
as set forth above, there shall also be a park development fee paid to the City of
Anna as a condition of Plat approval. Such park development fee shall be set from
time to time by ordinance of the City Council and shall be sufficient to provide for
CITY OF ANNA, TEXAS ORDINANCE NO. Page 1 of 4
the development of amenities and improvements on the dedicated land to meet the
standards for a neighborhood park to serve the area in which the Subdivision is
located. Park development fees are found in Part IV (Schedule of Fees) of this
Code. Such fee shall be paid at the time of application for a building permit.
Section 3. Amendment to Part III -A, Article 4, Section 5.05.
In accordance with the Anna Code the following amendments are made to Part III -
A Subdivision Regulations, Article 4 Public Sites and Open Spaces, Dedication of
Land and Payment of Park Development Fee, Section 5.05 Park Development
Fund.
5.05 Park Development Fund
Park Development Fu All funds collected by this dedication process or collected
under Section 5.03(d) will be deposited into the City of Anna's Park Development
Trust Fund and used for parks and recreation purposes related to the following:
1) Land acquisition;
2) Capital improvements;
3) Planning, engineering and design of parks and recreation facilities;
4) Construction of new parks and recreation facilities;
5) Rehabilitation and modernization of existing parks and recreation
facilities;
6) Maintenance and equipment for new parks and recreation facilities;
7) Maintenance and equipment for existing, and recently rehabilitated
and modernized parks and recreation facilities;
8) Long-range planning for land, facilities, recreation and related
programs; or
9) Feasibility studies, market studies and economic impact analysis
relating to parks and recreation projects and programs.
Amounts deposited into the Parks Development Trust Fund shall not be used for
staffing and daily operations. All expenditures from said fund will adhere to the
City's procurement policies and practices.
Section 4. Amendment to Part IV, Article 4 Development Fees, Section 6 Parks,
School Sites, Public Areas Permit Fees.
In accordance with the Anna Code the following amendments are made to Part
IV Schedule of Fees, Article 4 Development Fees, Section 6 Parks, School
Sites, Public Areas Permit Fees:
CITY OF ANNA, TEXAS ORDINANCE NO. Page 2 of 4
■ ■ ■
Anna at the
time of a.
mn5t. Said
LIM
fee shall be
-a
to be for
retained
a speGial aGcount
used park, recreation,
and Open
Part IV Article 4 Development Fees, Section 6
Section 6. Parks, School Sites, Public Areas Permit Fees
A fee in the amount of $1,500 for each single-family residential unit and
$2,000 for each multifamily unit built in the city shall be paid to the City of
Anna at the time of application for a building permit; said fees shall be
deposited into the Park Development Fund.
Section 5. Penalty.
Any violation of any of the terms of this ordinance, whether denominated in this
ordinance as unlawful or not, shall be deemed a misdemeanor. Any person
convicted of any such violation shall be fined in an amount not to exceed $500
for each incidence of violation. Each violation is considered a separate offense
and will be punished separately.
Section 6. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are
repealed to the extent of that conflict. If any provision of this ordinance shall be
held to be invalid or unconstitutional, the remainder of such ordinance shall
continue in full force and effect the same as if such invalid or unconstitutional
provision had never been a part hereof. The City declares that it would have
passed this ordinance, and each section, subsection, clause, or phrase thereof
irrespective of the fact that any one or more sections, subsections, sentences,
clauses, and phrases be declared unconstitutional or invalid.
Section 7. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and after its passage
and upon the posting and/or publication, if required by law, of its caption and
the City Secretary is hereby directed to implement such posting and/or
publication.
CITY OF ANNA, TEXAS ORDINANCE NO. Page 3 of 4
PASSED by the City Council of the City of Anna, Texas this 11t" day of June
2019.
I_I»:Z01TA: 107
Mayor Nate Pike
ATTESTED
City Secretary Carrie Smith
CITY OF ANNA, TEXAS ORDINANCE NO. Page 4 of 4
THE CITY CIF
Anna
AGENDA ITEM:
Item No. 12.
City Council Agenda
Staff Report
Meeting Date: 6/11 /2019
Consider/Discuss/Act on a Resolution approving a Marketing Agreement with Utility Service
Partners Private Label, Inc. (Jim Proce)
SUMMARY:
At the February 26, 2019, City Council Work Session, the City Manager presented to the City Council
the National League of Cities (NLC) Service Line Warranty Program administered by Utility Service
Partners Private Label, Inc.
The NLC Service Line Warranty Program provides an optional, proactive solution to a problem
that is bound to strike our neighbors at some point in time.
When private service lines break or leak, many homeowners call the city first and are often
surprised and frustrated to learn that the city can't help. Educational marketing about homeowners'
responsibility for service lines is a key component of the program.
This program provides affordable repair plans backed by vetted, local -area contractors, keeping
dollars in the local economy. At no cost to the city, the program offers affordable protection for in -
home plumbing and external water and sewer lines that will cover the cost of repairing leaks,
breaks and clogs. The program features generous coverage amounts, and there is never a
service fee or deductible. There are no annual or lifetime limits.
The Marketing Agreement before the Council grants Utility Services Partners Private Label, Inc. a
non-exclusive license to use, only during the term of the agreement, the City's name and logo on
letterhead, bills, and marketing materials to be sent to residential property owner regarding the
NLC Service Line Warranty Program. The cost for the materials will solely be on Utility Services
Partners and will be subject to the City's prior review and approval.
The term of the agreement shall be for three years from the effective date. The agreement will
automatically renew for an additional one-year term unless one of the parties give the other written
notice at least ninety days prior to the end of the term.
As a consideration for such license, Utility Service Partners will pay to the City a license fee set
forth in Exhibit A of the agreement.
The City Attorney has reviewed all of the agreement terms and has approved them for execution.
STAFF RECOMMENDATION:
Staff recommends approving the Marketing Agreement with Utility Service Partners Private Label,
Inc. for the National League of Cities Service Line Warranty Program.
ATTACHMENTS:
Description
Exhibit 1 - Marketing Agreement
Exhibit 2 - Resolution
Exhibit 3 - NLC Service Line Program
Exhibit 4 - NLC Service Line FAQS
Upload Date Type
6/5/2019 Exhibit
6/5/2019
Resolution
2/22/2019
Backup Material
2/22/2019
Backup Material
MARKETING AGREEMENT
This MARKETING AGREEMENT ("Agreement") is entered into as of
20_("Effective Date"), by and between the City of Anna, Texas ("City"), and Utility
Service Partners Private Label, Inc. d/b/a Service Line Warranties of America
("Company"), herein collectively referred to singularly as "Party" and collectively as the
"Parties".
RECITALS:
WHEREAS, sewer and water line laterals between the mainlines and the connection on
residential private property are owned by individual residential property owners residing in the
City ("Residential Property Owner"); and
WHEREAS, Company desires to offer Residential Property Owners the opportunity, but
not the obligation, to purchase a service line warranty and other similar products set forth in
Exhibit A or as otherwise agreed in writing from time -to -time by the Parties (each, a "Product"
and collectively, the "Products"); and
WHEREAS, Company, a subsidiary of HomeServe USA Corp., is the administrator of
the National League of Cities Service Line Warranty Program and has agreed to make the
Products available to Residential Property Owners subject to the terms and conditions contained
herein; and
NOW, THEREFORE, in consideration of the foregoing recitals, and for other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and with
the intent to be legally bound hereby, the Parties agree as follows:
1. Recitals and Purpose. The above -stated recitals are incorporated herein as if set out
in full and are made a part of this Agreement. City hereby grants to Company the
License as relates to Company's intended marketing of the Products to Residential
Property Owners subject to the terms and conditions herein.
2. Grant of License. City hereby grants to Company, and only to Company, a non-exclusive
license ("License") to use —only during the Term of this Agreement—City's name and logo (the
"Works") on letterhead, bills and marketing materials to be sent to Residential Property Owners
from time to time, and to be used in advertising (including on the Company's website), all at
Company's sole cost and expense and subject to City's prior review and approval of all
marketing materials related to the Products, which said approval will not be unreasonably
conditioned, delayed, or withheld. City agrees that it will not extend a similar license to any
competitor of Company during the Term and any Renewal Term of this Agreement. As part of
the consideration for the grant of the License, Company promises that it will make a prominent
written disclaimer in all of its marketing materials related to the Products, that the Company is
an independent company separate from the City.
1
3. Term. The term of this Agreement ("Term") shall be for three (3) years from the Effective
Date. The Agreement will automatically renew for additional one (1) year terms ("Renewal
Term") unless one of the Parties gives the other written notice at least ninety (90) days prior to
end of the Term or of a Renewal Term that the Party does not intend to renew this Agreement.
In the event that Company is in material breach of this Agreement, the City may terminate this
Agreement thirty (30) days after giving written notice to Company of such breach, if said
breach is not cured during said thirty (30) day period. Unless this Agreement is terminated by
the City due to Company's uncured material breach, Company will be permitted to complete
any marketing campaign approved by the City and initiated prior to termination of this
Agreement after which time, neither Party will have any further obligations to the other and
this Agreement will terminate.
4. Consideration.
A. As consideration for such license, Company will pay to City a License Fee as set forth in
Exhibit A ("License Fee") during the term of this Agreement. The first payment shall be due by
January 30th of the year following the conclusion of first year of the Term. Succeeding License
Fee payments shall be made on an annual basis throughout the Term and any Renewal Term,
due and payable on January 30th of the succeeding year. City agrees to provide a completed
HomeServe New Partner Form and a Form W-9 to Company in order to facilitate proper
payment of the License Fee. City will have the right, at its sole expense, to conduct an audit,
upon reasonable notice and during normal business hours, of Company's books and records
pertaining to any fees due under this Agreement while this Agreement is in effect and for one
(1) year after any termination of this Agreement.
5. Indemnification. Company hereby agrees to protect, defend, indemnify, and hold the City,
its elected officials, officers, employees and agents (collectively or individually,
"Indemnitee") harmless from and against any and all third party claims, damages, losses,
expenses, suits, actions, decrees, judgments, awards, reasonable attorneys' fees (and related
expenses) and court costs (individually or collectively, "Claim"), which an Indemnitee may
suffer or which may be sought against or are recovered or obtainable from an Indemnitee, as a
result of or arising out of any breach of this Agreement by the Company, or any negligent,
tortious, wrongful or fraudulent act or omission of the Company or its officers, employees,
contractors, subcontractors, or agents in the provision of services related to the Products;
provided that the applicable Indemnitee notifies Company of any such Claim within a time
that does not prejudice the ability of Company to defend against such Claim. Any Indemnitee
hereunder may participate in its, his, or her own defense, but will be responsible for all costs
incurred, including reasonable attorneys' fees, in connection with such participation in such
defense. This paragraph and the rights and obligations described in this paragraph shall
survive the termination of this Agreement.
6. Notice. Any notice required to be given hereunder shall be deemed to have been given when
notice is (i) received by the Party to whom it is directed by personal service, (ii) sent by
electronic mail (provided confirmation of receipt is provided by the receiving Party), or (iii)
deposited as certified mail, return receipt requested, with the United States Postal Service,
2
addressed as follows or as changed by notice provided in accordance with this paragraph:
To: City:
ATTN: Jim Proce
City of Anna
111 N Powell Parkway
Anna, TX 75409-0776
Phone: (972) 924-3325
To: Company:
ATTN: Chief Sales Officer
Utility Service Partners Private Label, Inc.
4000 Town Center Boulevard, Suite 400
Canonsburg, PA 15317
Phone: (866) 974-4801
7. Modifications or Amendments/Entire Agreement. Any and all of the representations and
obligations of the Parties are contained herein, and no modification, waiver or amendment of
this Agreement or of any of its conditions or provisions shall be binding upon a party unless in
writing signed by that Party.
8. Assignment. This Agreement and the License granted herein may not be assigned by
Company other than to an affiliate or an acquirer of all or substantially all of its assets, without
the prior written consent of the City, such consent not to be unreasonably withheld.
9. Counterparts/Electronic Delivery: No Third -Party Beneficiary: No Joint Venture: No
Boycott. This Agreement may be executed in counterparts, all such counterparts will constitute
the same contract and the signature of any Party to any counterpart will be deemed a signature
to, and may be appended to, any other counterpart. Executed copies hereof may be delivered by
facsimile or e-mail and upon receipt will be deemed originals and binding upon the Parties
hereto, regardless of whether originals are delivered thereafter. Nothing expressed or implied in
this Agreement is intended, or should be construed, to confer upon or give any person or entity
not a party to this agreement any third -party beneficiary rights, interests, or remedies under or
by reason of any term, provision, condition, undertaking, warranty, representation, or agreement
contained in this Agreement. It is expressly understood and agreed that Company will be acted
independently and on its own in providing any of the Products or services contemplated or
referenced in this Agreement and nothing in this Agreement shall create any joint venture
between Company and the City. In accordance with Texas Government Code § 2270.002,
Company warrants and verifies that it does not boycott Israel and that it will not boycott Israel
during the term of this Agreement.
10. Choice of Law/Attorney Fees. The governing law shall be the laws of the State of Texas.
In the event that at any time during the Term or any Renewal Term either Party institutes any
action or proceeding against the other relating to the provisions of this Agreement or any default
3
hereunder, then the unsuccessful Party shall be responsible for the reasonable expenses of such
action including reasonable attorney's fees, incurred therein by the successful Party. Exclusive
venue over any claim, any action or proceeding related to or arising in any manner under this
Agreement shall be in a court of competent jurisdiction in Collin County, Texas.
11. Incorporation of Recitals and Exhibits. The above Recitals and Exhibit A attached hereto
are incorporated by this reference and expressly made part of this Agreement.
12. Immunity. Except to the extent required under applicable law, nothing in this Agreement is
waives any of the City's governmental immunities, including without limitation immunity from
suit and liability.
[Signature Page Follows]
4
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day
and year first written above.
CITY OF ANNA
Name:
Title:
UTILITY SERVICE PARTNERS PRIVATE LABEL, INC.
Name: Michael Backus
Title: Chief Sales Officer
5
Exhibit A
NLC Service Line Warranty Program
City of Anna,TX
Term Sheet
February 8, 2019
I. Initial Term. Three years
II. License Fee. $0.50 per Product for each month that a Product is in force for a Residential
Property Owner (and for which payment is received by Company), aggregated and paid
annually, for:
a. City logo on letterhead, advertising, billing, and marketing materials
b. Signature by City official
III. Products.
a. External water service line warranty (initially, $5.75 per month)
b. External sewer/septic line warranty (initially, $7.75 per month)
c. Interior plumbing and drainage warranty (initially, $9.99 per month)
Company may adjust the foregoing Product fees; provided, that any such adjustment shall not
exceed $.50 per month in any 12-month period, unless otherwise agreed by the Parties in
writing.
IV. Scope of Coverage.
a. External water service line warranty:
- Homeowner responsibility: From the meter and/or curb box to the external wall of
the home.
- Covers well service lines if applicable.
b. External sewer/septic line warranty:
- Homeowner responsibility: From the exit point of the home to the main.
- Covers septic lines if applicable.
c. Interior plumbing and drainage warranty:
- Water supply pipes and drainage pipes within the interior of the home.
V. Marketing Campaigns. Company shall have the right to conduct up to three campaigns per
year, comprised of up to six mailings and such other channels as may be mutually agreed.
Initially, Company anticipates offering the Interior plumbing and drainage warranty Product via
in -bound channels only.
6
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING MARKETING
AGREEMENT WITH UTILITY SERVICE PARTNERS PRIVATE LABEL, INC. AND THE
CITY OF ANNA
WHEREAS, Utility Service Partners Private Label, Inc. is desirous of marketing the
National League of Cities Service Line Warranty Program through a non-exclusive
license to use the City's name and logo on letterhead, bills, and marketing materials to
be sent to residential property owners.
WHEREAS, the National League of Cities Service Line Warranty Program offers neighbors
repair plans backed by vetted, local -area contractors. At no cost to the City, the program
offers protection for in -home plumbing and external water and sewer lines that will cover
the cost of repairing leaks, breaks and clogs.
WHEREAS, Utility Service Partners Private Label, Inc. will pay to the City $.50 per
product for each month that a product is in force for a residential property owner.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Marketing Agreement
The City Council hereby approves the Marketing Agreement with Utility Service Partners
Private Label, Inc, attached hereto as Exhibit 1, and ratifies and approves the City
Manager's execution of the same. The City Manager is hereby authorized to execute all
documents and to take all other actions necessary to finalize, act under, and enforce the
Agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this
11'" day of June 2019.
/_1»00]TLJ: 193
City Secretary, Carrie Smith Mayor, Nate Pike
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® Because aging infrastructure impacts
private lines, too.
Nationwide a water main breaks every two minutes. The same
elements that cause those failures also exist on your residents' private
lines: age of lines, deteriorating pipe material, freezing and thawing,
ground shifting.*
This program provides an optional — proactive — solution to a
problem that is bound to strike your residents at some point in time.
® Homeowners believe service line repairs are the
city's responsibility.
When private service lines break or leak, many homeowners call the
city first and are often surprised — and frustrated — to learn that the
city can't help.
Educational marketing about homeowners' responsibility for service
lines is a key component of the program.
® An unexpected repair expense can be hard on a
budget — and peace of mind.
Studies show that most Americans do not have enough savings to
cover an emergency repair cost that could be from hundreds to as
much as $3,500 or more. In addition, many can be overwhelmed by
having to find a trustworthy contractor.
The program provides affordable repair plans backed by vetted,
local -area contractors, keeping dollars in the local economy.
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NLCNATIONAL
LEAGUE
OF CITIES
CITIES STRONG TOGETHER
Administered by
Utility/
Service
A, I Partncis Inc.
a HomeServe Company
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A' At no cost to the city, the Program offers affordable protection
for in -home plumbing and external water and sewer lines that
will cover the cost of repairing leaks, breaks and clogs.
A' The program features generous coverage amounts, and there is
never a service fee or deductible. There are no annual or lifetime
limits — just peace of mind for the homeowner.
Contractors dispatched to the homeowner's residence undergo
a rigorous background check before being accepted into
the network.
Contractors are local to the community to help keep money in the
local economy.
The NLC Service Line Warranty Program is adminstered
by Utility Service Partners (USP), a HomeServe Company
Maintained a customer satisfaction rating of greater than
98% for more than a decade.
9 Of 10 surveyed customers have recommended the
program to friends, family and neighbors.
Over 7% of submitted claims are approved.
We served over 1.2 million customers who
needed repairs in just the last 3 years.
Partnered with Over 500 municipalities and utilities
across North America.
BBB Torch Award for
Marketplace Ethics
RR�R Trust • Performance • Integrity
Western Pennsylvania getter Business BureaLF'
Administered by
Utllrty
LEAGUE
NLCNATIONAL
serVlCe
OF CITIES
P:u iners. hic.
CITIES STRONG TOGETHER
a HomeServe Company
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It is not a y u
question of
residential service
lines will fail, but ..=°
i
rather when... j
and that's
a fact.
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MYTH:
The risk of a water
line or sewer line
breaking is low.
FACE-:
An estimated 240,000
water main breaks occur
every year in the U.S.
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MYTH:
The city will
take care of repairs
if a water or sewer ,
line breaks.
FACT:
With rare exception, it is
the homeowner who is
responsible for repairing
or replacing the water
and sewer lines that
run from the street
to their home in
the event of an
emergency.
OrA
u1'`imop
Climates that do not experience
extreme temperature changes ar
at a high risk for water line break
FACT:
Many factors contribute to service
line failure, including:
• Invasive tree roots
• Poor soil conditions
• Pipe materials
• Climate changes
■
List' r ai brepks-uc � r very year i the U.S., translating
t a a o1 b�r7a'k e h day.'
ma . ly 51nfn*fio h me irk�re
he U.S. we e - uilt within the peak time frame
f in II kn .of service lin s 't at nowrfail g,across1he nati�on.4
earl)r 1 in S A�lmericans (31%).don'tl1�6ve at least SSQ0 t a dew�p �✓er n
5 � expected`etergency exp,e� b ll�E
The National League of Cities (NLC) Service Line Warranty Program is debunking the myths by educating
homeowners about their service line responsibilities while offering affordable options for emergency home repair
coverage. More than 400,000 homeowners from 500+ partner cities, municipalities, utilities and associations across
the country have saved over $64 million in service line repair costs with the NLC Service Line Warranty Program.6
Administered by
www.UtilitySP.net 1-866-974-48os NLC Service Line Utility
artnershi s@utilit s net Service
P P y P• Warranty Program � R1,1,1CI,J1,C.
a HomeServe Company
'What Isn't Covered by Your Homeowner's Insurance?, NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS (NAIC)
2Water and Sewer Line Emergencies: Debunking the Myths, NATIONAL LEAGUE OF CITIES (NLC) SERVICE LINE WARRANTY PROGRAM
3The Hidden Danger of Failing Water Infrastructure: Putting Families at Risk, GIULIANI
4Survival Analysis of US Water Service Lines Utilizing a Nationwide Failure Data Set, JUNESEOK LEE AND MYLES MEEHAN
6HomeServe Biannual State of the Home Survey, HOMESERVE USA 6SLWA repair cost data, 2003-2017. COL 18 0530 SLM1P