The URL can be used to link to this page

Home My WebLink About2019-06-25 Work Session & Regular Meeting Packet AGENDA City Council Work Session Tuesday, June 25, 2019 @ 6:30 P M A nna City Hall, Council Chambers 111 N. P owell P arkway, Anna, Texas 75409 T he City C ouncil of the C ity of A nna will meet in Work Session at 6:30 P M, on J une 25, 2019, at the A nna C ity Hall, L ocated at 111 North Powell P arkway (Hwy 5), to consider the following items. 1.Call to Order, Roll Call and Establishment of Quorum 2.A dminister Oath of Office to newly elected Council Member J osh Vollmer. (City S ecretary) a 3.Consider/Discuss/Action on appointment of a Mayor Pro-Tem. (City Council) a 4.Consider/Discuss/Action on appointing a Deputy Mayor P ro-Tem. (City Council) a 5.P resentation by Dude Solutions for Smart Gov P rofessional S ervices related to permitting, inspections, planning, zoning and business licensing sof tware. (Ashley S tathatos) a 6.C L O S E D S E S S I O N (E X C E P T I O NS ) Under Tex. Gov't Code Chapter 551, the City Counci l may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a.Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of P rofessional C onduct of the S tate B ar of Texas clearly conf licts with C hapter 551 of the Government C ode (Tex. Gov’t Code §551.071). Development F ees; L aw E nforcement Services. a b.Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072); city facilities; acquisition of easements a c.Discuss or deliberate E conomic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the C ity is conducting economic development negotiations; or (2) To deliberate the offer of a f inancial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t C ode §551.087); possible incentive agreements with property developers; pending negotiations on development agreements. a d.Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074); Boards and Commissions a The Council further reserves the ri ght to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 7.Consider/Discuss/Action on any items listed on any agenda—work session, regular meeting, or closed session—that is duly posted by the C ity of A nna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. (I f there is no need to address any other such agenda item, the Mayor shall adjourn this meeting). 8.A djourn. There being no f urther business bef ore the Council, we will consider this meeting adjourned at ___________ p.m. T his is to certify that I , Carrie L . S mith, City S ecretary, posted this agenda at a place readily accessible to the public at the A nna C ity Hall and on the City Hall bulletin board at or before 5:00 p.m. on J une 21, 2019. ___________________________________ Carrie L . S mith, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session c oncerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working day s prior to the meeting so that appropriate arrangements can be made. Item No. 2. City Council Agenda Staff Report Meeting Date: 6/25/2019 AG E ND A IT E M : A dminister Oath of Office to newly elected Council Member J osh Vollmer. (City Secretary) S UM M ARY: J osh Vollmer was elected at the J une 8, 2019 Runoff Election to P lace 2. City Council approved the E lection Canvass at a special meeting on J une 18, 2019. S TAF F RE C O M M E ND AT I O N: No action by Council. AT TAC HM E NT S : Description Upload Date Type Certificate of Election 6/20/2019 Presentation Statement of Officer 6/20/2019 Presentation Oath of Office 6/20/2019 Presentation In the name and by the authority of the State of Texas, THIS IS TO CERTIFY, that at a General Election held on June 8, 2019 was duly elected Josh Vollmer City of Anna, Texas In testimony whereof, I have hereunto signed my name and caused the Seal of the City of Anna to be affixed at the City of Anna, this the 25th day of June, 2019. ______________________________ Nate Pike, Mayor STATEMENT OF OFFICER CITY OF ANNA, TEXAS Statement I, Josh Vollmer do solemnly swear (or affirm), that I have not directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment for the giving or withholding of a vote at the election at which I was elected or as a reward to secure my appointment or confirmation, whichever the case may be, so help me God. Title of Position to Which Elected/Appointed: CITY COUNCIL PLACE 2 Execution Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated therein are true. ___________________ _____________________________________________________ Date Officer's Signature OATH OF OFFICE CITY OF ANNA, TEXAS IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS, I, Josh Vollmer, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of City Council Member Place 2 of the City of Anna, County of Collin and State of Texas, and will to the best of my ability preserve, protect and defend the Constitution and laws of the United States and of this State, so help me God. _____________________________________________________ Josh Vollmer State of Texas) County of Collin) Sworn to and subscribed before me this _____ day of ________________, 2019. Seal __________________________________________ Carrie L. Smith, City Secretary Item No. 3. City Council Agenda Staff Report Meeting Date: 6/25/2019 AG E ND A IT E M : Consider/Discuss/Action on appointment of a Mayor Pro-Tem. (City Council) S UM M ARY: Section 3.05(d) of the City Charter states that if the position of Mayor becomes vacant, then the City Council must—as soon as is practicable after a Mayor is elected to fill the vacancy—elect the positions of Mayor P ro-Tem and D eputy Mayor P ro-Tem. T he Mayor P ro-Tem must act as the Mayor during the disability or absence of the Mayor, and in this capacity has the rights conferred upon the Mayor. S TAF F RE C O M M E ND AT I O N: Nominate and take a vote on appointment of Mayor Pro-Tem to serve through J une 2020. Item No. 4. City Council Agenda Staff Report Meeting Date: 6/25/2019 AG E ND A IT E M : Consider/Discuss/Action on appointing a Deputy Mayor P ro-Tem. (City Council) S UM M ARY: According to the City C harter the Deputy Mayor Pro-Tem is a Council Member elected by the City Council at the first regular meeting after each election of Council Members and/or Mayor. The Deputy Mayor P ro-Tem must act as Mayor during the disability or absence of the Mayor and Mayor P ro-Tem, and in this capacity has the rights conferred upon the Mayor. S TAF F RE C O M M E ND AT I O N: Nominate and take a vote on appointment of Deputy Mayor Pro-Tem to serve through J une 2020. Item No. 5. City Council Agenda Staff Report Meeting Date: 6/25/2019 AG E ND A IT E M : P resentation by Dude Solutions for Smart Gov P rofessional S ervices related to permitting, inspections, planning, zoning and business licensing software. (A shley Stathatos) S UM M ARY: Strategic P lanning Action I tem: I nspection Services Performance A ssessment & Direction As part of the strategic planning action item above, staff developed a list of twenty-f our initiatives to improve upon the performance of planning and inspections. Securing new software for development services supports several of these initiatives including those outlined below: -Automate processes through new software -Save time by moving towards a paperless system -Accept electronic payments -Provide additional permit information online -Public activity reports online -Measure progress through additional reporting mechanisms -Take unnecessary steps out of processes and procedures Staff reviewed over eight software solutions for development services. S taff wanted a solution that would include planning and zoning, plan review, permitting, inspections, contractor registration, business licensing and geographic inf ormation systems. C riteria staf f used in evaluating the sof tware solutions were the range of services, cost, ease of use for neighbors and staff, implementation, training and ongoing support. After vetting providers, staf f believes Dude Solutions, Smartgov platf orm is what A nna needs f or the f uture growth of the city. I t will help the department turnaround applications and permits in a more seamless, turnkey manner and respond quicker to inquiries. Overall, it is a very intuitive system that can serve the city well. S TAF F RE C O M M E ND AT I O N: Staff recommendation is to acquire this software solution for development services to automate processes and records in accordance with the stated strategic targets. AT TAC HM E NT S : Description Upload Date Type Dude Solutions.Smart Gov 6/20/2019 Staff Report SOFTWARE FOR SMARTER OPERATIONS DUDE SOLUTIONS FOR GOVERNMENT Better Work Creates Better Communities Our goal at Dude Solutions is simple: to provide you with easy-to-use, affordable solutions to manage all your operational needs and make it easier for you to focus on what matters — maintaining an attractive, safe, well-functioning community your citizens are proud to call home. Our solutions and services help you improve communication, streamline your workflow and make more strategic decisions so you know where and how your budget and time are spent. With the right information at ]SYVŵRKIVXMTW]SYGERIQTS[IV]SYV team, transform your operations and create a better community for the people you serve. Simply put, we’re here to help you do the best work of your life. “We’ve had more success than I could have even imagined.” — Eric Garcia, Camrosa Water District “Having the numbers gives me an edge when presenting my budget for review. I’ve seen other departments getting their budget cut or staying the same, while my budget has increased.” — Nathan Nagle, Village of Horseheads, NY BUILT FOR THE BUSINESS YOU’RE IN With a wide range of government clients nationwide, Dude Solutions has a unique understanding of the daily needs and challenges of local and state governments, both large and small. Our solutions and services cater to and are customized around a variety of government departments. Better work, better lives. SEE YOUR WORK SO YOU CAN MAKE SENSE OF IT COMPARE YOUR DATA SO YOU CAN BENCHMARK IT SHARE YOUR SUCCESS SO YOU CAN PROVE IT PREDICT THE FUTURE SO YOU CAN CHANGE IT Treatment Plants > Storm Water > Facilities > Sanitation > Water & Waste Water > Taxation Parks & Recreation > Streets > Utilities > Fleet > Permitting > Licensing > Code Enforcement Software to Solve Every Challenge That Comes Your Way We deliver the tools you need to better serve your community. 1EOIXLIHMJŵGYPXHSEFPI[MXLIEW]XSYWIWSJX[EVIXLEXLIPTW]SYERH]SYVXIEQWXVIEQPMRI]SYV processes and make better, more strategic decisions for your citizens. Our tools help you work smarter, not harder, to take your operations from good to great. No more just getting by. Own your operations and start getting ahead, with software designed to help you manage every operations challenge. CAPITAL FORECASTING ,EZIXLIHEXEERHGSRŵHIRGI]SYRIIHXSQEOIHEMP]HIGMWMSRWXLEXTVSXIGXXLIJYXYVISJ]SYV operations. Move from wherever you are today to managing a capital plan that is feasible and effective. COMMUNITY DEVELOPMENT Optimize permitting, licensing, code enforcement and inspection processes. Simplify taxation, remove administrative delays and lower overall total cost of ownership. Automate, organize and EREP]^I[SVOJPS[[MXLEWSPYXMSRXLEXMRXIKVEXIW[MXLSTIVEXMSRWEWWIXERHŵRERGMEPW]WXIQW ENERGY MANAGEMENT Have clear insight into the current state of your energy usage and communicate benchmarks to your team and stakeholders. Reduce your energy spending and carbon emissions with expert help. SKILLS MANAGEMENT +EMRIJŵGMIRGMIWQMRMQM^IVMWOERHPMEFMPMX]ERHQE\MQM^ITVSHYGXMZMX][MXLEGPSYHFEWIH[SVOJSVGI management solution that empowers you to track and manage personnel readiness, including XVEMRMRKGIVXMŵGEXMSRWSRFSEVHMRKGLIGOPMWXWERHMRWTIGXMSRWTIVJSVQERGIQEREKIQIRXWGSVIGEVHW and inventory management. TECHNOLOGY MANAGEMENT Streamline the IT help request process so your technicians can put their focus where it counts. Improve security and provide a better user experience thanks to self-led training and trouble- shooting for help requesters. WORK & ASSET MANAGEMENT Get out of that reactive maintenance rut and get clear about the state of your operations so you can make smarter decisions about your institution’s future. Manage assets, inventory, work orders, work history and preventive and predictive maintenance all in one place. DATA & INSIGHT THAT MAKE A DIFFERENCE Better data helps you operate smarter *VSQFYHKIXERHWXEJŵRKXSIRIVK]GSRWYQTXMSR and asset management, we’ll help you: Ǡ Manage all aspects of maintenance workflow Ǡ Process stakeholder requests conveniently Ǡ Improve insight into costs and equipment workload Ǡ ,IPTŵIPHGVI[WFIQSVIIJŵGMIRXERHVIWTSRWMZI Ǡ 9TKVEHIIRIVK]IJŵGMIRG]ERHPS[IVYXMPMX]FMPPW Ǡ Justify decisions, expenses and requirements Ǡ Maintain safety across your staff and community There’s a reason Dude Solutions is trusted by government organizations around the country. We’re not about just helping you get by. We’re focused on helping you get ahead. Our goal is for you to operate better each year than you did the last, and it starts with software that gives you the traction to move forward. CLEAR COMMUNICATION FOR BETTER COLLABORATION Connect to the people you serve Our tools help you and your department work better together through: Ǡ Easy, convenient requests Ǡ Mobile accessibility Ǡ Automated workflows Ǡ Custom, shareable reports Ǡ Organized, easy-to-use dashboards Dude Solutions is your partner to do your best work today — and prepare for tomorrow. THE DUDE IS BESIDE YOU ABOUT THE DUDE Ǡ 12,000+ clients Ǡ Millions of users Ǡ 18+ years of operations data Ǡ 500+ employees Ǡ 97% client satisfaction rate LEARN MORE: dudesolutions.com 24/7 accessibility Ongoing support Instant updates 11000 Regency Parkway / Suite 110 Cary, NC 27518 info@dudesolutions.com or call: 866.455.DUDE (3833) With Personal Service That’s Got Your Back We provide our best services, so you can do your best work. That’s why we offer services that make a difference in your operations. Ǡ Implementation support with online classes and group training (on-site option available) Ǡ Professional services including facility condition assessments, data gathering and input, and preventive maintenance setup Ǡ Legendary ongoing support via phone, email or chat The Power of the Cloud Private, secure and available around the clock, your operations management system – and your data – can be accessed from virtually any web-enabled device, anywhere in the world. ;MXL(YHI7SPYXMSRW]SYřPPEPWSFIRIŵXJVSQ a constant flow of product innovation, and, of course, our legendary support. AGENDA Regular City Council Meeting Tuesday, June 25, 2019 @ 7:30 P M A nna City Hall, Council Chambers 111 N. P owell P arkway, Anna, Texas 75409 T he C ity C ouncil of the C ity of A nna will meet in R egular Session at 7:30 P M, on J une 25, 2019, at the Anna C ity Hall, L ocated at 111 North Powell P arkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign-In-Sheet as a record of attendance. If you wi sh to speak on an open-session agenda i tem, please fill out the Opinion/Speaker Registration Form and turn it in to the Ci ty Secretary before the meeting starts. 1.Call to Order, Roll Call and Establishment of Quorum. 2.I nvocation and P ledge of A llegiance. 3.Citizen Comments. Citizens are allowed three mi nutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual informati on in response to a citizen's inquiry or to reci te existing poli cy i n response to the inquiry. 4.Receive reports from Staff or the City Council about items of community interest. Items of communi ty i nterest include: expressions of thanks, congratulations, or condolence; i nformation regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or publ ic empl oyment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or communi ty event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. a.Recognize L t. Pete Copin for Service as Acting P olice Chief (J im P roce) a 5.Consent I tems. These items consist of non-controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a.Approve Council Meeting Minutes for J une 11, 2019. (Carrie Smith) a b.Approving a Resolution A greement for S ervices with National S ign Plazas, I nc. (Ryan Henderson) a c.Approving a Resolution f or a Marketing A greement with Utility S ervice Partners P rivate L abel, I nc. (J im Proce) a 6.Consider/Discuss/Action on an Ordinance adopting and enacting a new Code of Ordinances. (Carrie Smith) a 7.Consider/Discuss/Act on A ppointment of E D C Members (I nterview Committee) a 8.Consider/Discuss/Act on A ppointment of C D C Members (I nterview Committee) a 9.Consider/Discuss/Act on Appointment of Planning and Z oning Commission Members (I nterview Committee) a 10.Consider/Discuss/Act on A ppointment of P arks A dvisory B oard Members (I nterview Committee) a 11.Consider/Discuss/Act on A ppointment of the B oard of Adjustments Members (I nterview Committee) a 12.Discuss/Consider/Action on an Ordinance establishing criteria for approval of community sponsored, non-profit park and recreation functions. a 13.C L O S E D S E S S I O N (E X C E P T I O NS ) Under Tex. Gov't Code Chapter 551, the City Counci l may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a.Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of P rofessional C onduct of the S tate B ar of Texas clearly conf licts with C hapter 551 of the Government C ode (Tex. Gov’t Code §551.071). Development F ees; L aw E nforcement Services. a b.Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072); city facilities; acquisition of easements a c.Discuss or deliberate E conomic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the C ity is conducting economic development negotiations; or (2) To deliberate the offer of a f inancial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t C ode §551.087); possible incentive agreements with property developers; pending negotiations on development agreements. a d.Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074); Boards and Commissions a The Council f urther reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings A ct. 14.Consider/Discuss/Action on any items listed on any agenda—work session, regular meeting, or closed session—that is duly posted by the C ity of A nna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. (I f there is no need to address any other such agenda item, the Mayor shall adjourn this meeting). 15.A djourn. There being no f urther business bef ore the Council, we will consider this meeting adjourned at ___________ p.m. T his is to certify that I , Carrie L . S mith, City S ecretary, posted this agenda at a place readily accessible to the public at the A nna C ity Hall and on the City Hall bulletin board at or before 5:00 p.m. on J une 21, 2019 ___________________________________ Carrie L . S mith, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session c oncerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working day s prior to the meeting so that appropriate arrangements can be made. Item No. 4.a. City Council Agenda Staff Report Meeting Date: 6/25/2019 AG E ND A IT E M : Recognize L t. P ete Copin for S ervice as A cting Police Chief (J im Proce) S UM M ARY: Police C hief J eff Caponera was successf ul in getting accepted to the F B I A cademy for the Class of 2019. During this over three month period, the reigns of the Police Department were turned over to L t. Pete C opin, who was assigned as the position of Acting Chief , with all of the authority and responsibility of the duties of Chief. During this period of time, L t. C opin navigated the daily operational challenges of the Department, successfully overseen numerous successful investigations, trained new recruits, reported daily to the C ity Manager, participated and contributed to the D epartment Head weekly meetings and planning sessions, successfully presented items to the City Council, and assisted in the development of the F Y2020 D epartmental budget, all of which was done with great honor, accuracy, efficiency, willingness and success. I t is for these reasons stated and for the outstanding exertions on his behalf, that we formally thank and recognize L t. Pete C opin for his dedication and tireless ef f orts during this period, in leadership and support of the Department, the organization, the C ity Manager, the Mayor and City Council and our Community, A nna. T hank you Pete, you are truly appreciated. S TAF F RE C O M M E ND AT I O N: Recognize and formally thank L t. P ete Copin for his efforts and dedication as the A cting Chief in the absence of Chief Caponera. Item No. 5.a. City Council Agenda Staff Report Meeting Date: 6/25/2019 AG E ND A IT E M : A pprove Council Meeting Minutes for J une 11, 2019. (Carrie S mith) S UM M ARY: S TAF F RE C O M M E ND AT I O N: AT TAC HM E NT S : Description Upload Date Type Work Session 6/18/2019 Exhibit Regular Session 6/18/2019 Exhibit A NNA C I T Y C O UNC I L M I NUT E S R E G UL A R S E S S I O N J une 11, 2019 1.Call to Order/Roll Call and E stablishment of Quorum Mayor Pike called the meeting to order at 7:08 p.m. A ll Council Members were present. 2.Invocation and Pledge of Allegiance. Council Member Beazley led the invocation and Mayor P ike led the pledge. 3.Citizen Comments. Citizens are allowed three mi nutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual informati on in response to a citizen's inquiry or to reci te existing poli cy i n response to the inquiry. 4.Receive reports from Staff or the City Council about items of community interest. Items of communi ty i nterest include: expressions of thanks, congratulations, or condolence; i nformation regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or publ ic empl oyment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or communi ty event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. a.Proclamation - Anna L ady Coyotes S oftball Team Day J une 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 A pril 4, 2019 E conomic D evelopment Corporation meeting. (J oey Grisham) c.Review Minutes of the April 10, 2019 E conomic D evelopment Corporation Special Meeting. (J oey Grisham) d.Review Minutes of the A pril 4. 2019 C ommunity Development Corporation meeting. (J oey Grisham) e.Review Minutes of the April 10, 2019 C ommunity Development Corporation Special Meeting. (J oey Grisham) f.Review minutes of the May 6, 2019 Planning and Z oning Meeting. (Maurice Schwanke) g.Approve a R esolution approving the Daniel Rodriguez Development Plat. (Maurice Schwanke) The development plat for review is located within A nna’s extra territorial jurisdiction and is generally located on the West side of C ounty R oad 479, S outh of C ounty Road 429. T he tract is in the Mark R. Roberts S urvey, A bstract No. 742 and contains 6.794 acres of land. T he owner is proposing to put a new home and shop on the property. T he submittal meets the C ity of A nna development plat requirements. A R E S O L UT I O N O F T HE C I T Y O F A NNA, T E X A S A P P R O V I NG T HE D A NI E L R O D R I G UE Z D E V E L O P ME NT P L AT MO T I O N: Council Member Beazley moved to approve the C onsent A genda. Council Member Miller seconded. Motion carried 7-0. 6.Consider/Discuss/Action on an Ordinance Amending the F Y 2019 Budget (Dana T hornhill) a The proposed budget amendment includes funding for the following purposes: Utility F und S ewer Department - The City has experienced torrential rainfall since the beginning of the f iscal year. W ith this comes inflow and infiltration of the rainwater into the sewer system. T he Public Works D epartment is working diligently to evaluate the system and to minimize the impact. A s 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 D istrict. To assist with the increased costs, staff is recommending a budget adjustment to transfer $839,000 from the Water Development Agreement F und, 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 F Y 2019 budget f or treatment and transportation was budgeted at $1,200,000. This budget adjustment will increase the budget to $2,432,397. S taff 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 staf f to more effectively promote the C ity and capture past funds allowable for promotions to be utilized. E conomic Development F und On May 16, 2019, the A nna Economic D evelopment Corporation B oard approved a Resolution amending the promotion expense line item by $18,213. This amendment will allow staf f to more effectively promote the C ity and capture past funds allowable for promotions to be utilized. A N O R D I NA NC E A ME ND I NG O R D I NA NC E NO. 783-2018 A D O P T I NG T HE B UD G E T F O R T HE 2018-2019 F I S C A L YE A R ; P R O V I D I NG F O R S AV I NG S , S E V E R A B I L I T Y, A ND R E P E A L I NG C L A US E S ; P R O V I D I NG F O R A N E F F E C T I V E D AT E ; A ND P R O V I D I NG F O R T HE P UB L I C AT I O N O F T HE C A P T I O N HE R E O F. MO T I O N: C ouncil Member B eazley moved to approve. C ouncil Member Tutson seconded. Motion carried 7-0. 7.Consider/Discuss/Action on a Resolution Opposing House Bill 2439. a A bill introduced in the Texas House of Representatives, HB 2439 (and its companion in the S enate, S B 1266), would prevent local governments f rom directly or indirectly prohibiting the use of specif ic 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 f or 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. A R E S O L UT I O N O F T HE C I T Y O F A NNA O P P O S I NG HB 2439 R E L AT I NG TO C E RTA I N R E G UL AT I O NS A D O P T E D B Y G O V E R NME NTA L E NT I T I E S F O R T HE B UI L D I NG P R O D UC T S , MAT E R I A L S , O R ME T HO D S US E D I N T HE C O NS T R UC T I O N O R R E NO VAT I O N O F R E S I D E NT I A L O R C O MME R C I A L B UI L D I NG S. MO T I O N: Council Member Beazley moved approve subject to being sent to S enator and Governor. Mayor Pike seconded. Motion carried 7-0. 8.A ) Conduct a public hearing to consider public comments regarding a request by J ohn Rattan, the owner of the property. T he property is currently zoned Restricted C ommercial (C -1) and T horoughfare Overlay District (T HO R). T he applicant requests to replace the existing Zoning with a Commercial Planned Development. T he section of property is located on the Southwest corner of White St (F M 455) and F erguson Pkwy. (M aurice S chwanke) B) C onsider/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. a The proposed use f or this site is a C hase B ank. T he 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 f eet from the right-of-way of West W hite S treet (F.M. 455). The C hase Bank developers are wanting to put their parking behind the building and have just landscaping between the building and the street. T heref ore, they are proposing the attached “P D” with a front setback of 20 feet which would override the 50 f oot requirement. A dditionally, they are requesting the separation of driveways be a minimum of 100 feet instead of 150 feet and the use of E I F S (Exterior I nsulation F inishing S ystem) over 15 feet above surface elevation. A concept plan is attached. The P lanning and Z oning Commission recommended approval of the zoning request at their regularly scheduled meeting on J une 3rd, 2019. Mayor Pike opened the public hearing at 8:04 p.m. No Comments. Mayor Pike closed the public hearing at 8:04 p.m. (S W C orner of W hite St and F erguson P kwy Z oning C hange from C ommercial C- 1 & T horoughfare Overlay District to a Commercial P lanned Development.) A N O R D I NA NC E O F T HE C I T Y O F A NNA , T E X A S A ME ND I NG T HE C I T Y’S C O MP R E HE NS I V E P L A N, Z O NI NG MA P, A ND Z O NI NG O R D I NA NC E , A ND C HA NG I NG T HE Z O NI NG O F C E RTA I N P R O P E RT Y A S D E S C R I B E D HE R E I N; P R O V I D I NG F O R S AV I NG S , R E P E A L I NG A ND S E V E R A B I L I T Y C L A US E S; P R O V I D I NG F O R A N E F F E C T I V E D AT E; P R O V I D I NG F O R A P E NA LT Y C L A US E NO T TO E X C E E D $2000 O R T HE HI G HE S T P E NA LT Y A MO UNT A L L O W E D B Y L AW, W HI C HE V E R I S L E S S; A ND, P R O V I D I NG F O R T HE P UB L I C AT I O N O F T HE C A P T I O N HE R E O F. MO T I O N: Mayor Pike moved to approve. C ouncil Member Miller seconded. Motion carried 7-0. 9.Consider/Discuss/Action approving a Resolution approving a Development Agreement with Bloomfield Homes to make improvements to Lakeview Park and S layter Creek P ark. (M aurice Schwanke) a B loomfield homes is willing to make improvements to L akeview P ark and S layter Creek park in return for park credits. The improvements would include the following: L akeview P ark A Playground facility (including fall zone and concrete ribbon edging), bathroom facilities, picnic shelter, a lake wall, associated trail, sod and irrigation at L akeview P ark. S layter Creek Park A P layground facility (including f all zone and concrete ribbon edging) east of B ambrough D rive at C hatsworth in Slayter C reek P ark and improvements along the eastern edge of phases 8, 10, and 12. These plans have been recommended by the P arks B oard. P ark credits available within L akeview 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. MO T I O N: Mayor Pike moved to table the item. C ouncil Member Beazley seconded. Motion carried 7-0. 10.Consider/Discuss/Action on an Ordinance Amending the F ee Schedule relating to Building P ermit F ees and Building Inspection Fees. (Ashley S tathatos) a S taff is bringing new building permit and inspection f ees 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. S taff completed a market assessment to ensure A nna's fees remain competitive with neighboring cities while at the same time, they are high enough to cover costs associated with growth and development. T he aim is to move beyond the current status quo and provide higher service levels to the development community. S taff aims to streamline building processes making it quick and easy to get permits in A nna, a much desired need of all builders and contractors. A dditionally, at a f uture meeting, staff will present a comprehensive plan to transition to an in-house building department. A n in-house building department is necessary to be able to sustain the city's growth. A N O R D I NA NC E O F T HE C I T Y O F A NNA, T E X A S, A ME ND I NG T HE A NNA C I T Y C O D E O F O R D I NA NC E S B Y A ME ND I NG PA RT I V; S C HE D UL E O F F E E S; P R O V I D I NG F O R A P E NA LT Y F O R A NY V I O L AT I O N O F T HI S O R D I NA NC E NO T TO E X C E E D $500; P R O V I D I NG F O R S AV I NG S , S E V E R A B I L I T Y, A ND R E P E A L I NG C L A US E S ; P R O V I D I NG F O R A N E F F E C T I V E D AT E ; A ND P R O V I D I NG F O R T HE P UB L I C AT I O N O F T HE C A P T I O N HE R E O F. MO T I O N: Council Member B ryan moved to approve. C ouncil Member Miller seconded. Motion carried 7-0. 11.Consider/Discuss/Action on an Ordinance Amending the S ubdivision Regulations and S chedule of F ees Regulating the P ark D evelopment Fund. (Ashley Stathatos) a S taff is bringing an ordinance to Council, for consideration, pertaining to the P arks Development fund and the revenue within the fund. Currently, the P arks Development F und can be used for capital improvements and the purchase of land. This Ordinance would, also, allow f or planning, engineering, design and construction of parks facilities, maintenance and equipment associated with new and modernized facilities, long range planning and special studies. I n addition, the new language adds clarity and eliminates misinterpretation of the P arks Development F und and its intended use. A N O R D I NA NC E O F T HE C I T Y O F A NNA , T E X A S A ME ND I NG T HE A NNA C I T Y C O D E O F O R D I NA NC E S B Y A ME ND I NG PA RT I ll-A S UB D I V I S I O N R E G UL AT I O NS, A RT I C L E 4 P UB L I C S I T E S A ND O P E N S PA C E S , S E C T I O NS 5.03 (d) A ND 5.05; A ME ND I NG PA RT I V S C HE D UL E O F F E E S , A RT I C L E 4 D E V E L O P ME NT F E E S , S E C T I O N 6 PA R K S, S C HO O L S I T E S , P UB L I C A R E A S P E R MI T F E E S ; P R O V I D I NG F O R A P E NA LT Y F O R A NY V I O L AT I O N O F T HI S O R D I NA NC E NO T TO E X C E E D $500; P R O V I D I NG F O R S AV I NG S, S E V E R A B I L I T Y, A ND R E P E A L I NG C L A US E S ; P R O V I D I NG F O R A N E F F E C T I V E D AT E ; A ND P R O V I D I NG F O R T HE P UB L I C AT I O N O F T HE C A P T I O N HE R E O F. MO T I O N: Council Member Reeves moved to approve. C ouncil Member B ryan seconded. Motion passed 5-2. Beazley and Miller opposed. 12.Consider/Discuss/Act on a Resolution approving a M arketing Agreement with Utility S ervice P artners P rivate L abel, Inc. (J im Proce) a A t the F ebruary 26, 2019, C ity Council Work S ession, the City Manager presented to the City C ouncil the National L eague of Cities (NL C) Service L ine Warranty P rogram administered by Utility S ervice P artners Private L abel, I nc. The NL C S ervice L ine Warranty Program provides an optional, proactive solution to a problem that is bound to strike our neighbors at some point in time. W hen private service lines break or leak, many homeowners call the city f irst and are often surprised and f rustrated to learn that the city can’t help. E ducational marketing about homeowners’ responsibility f or 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. A t no cost to the city, the program offers affordable protection f or 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 A greement before the C ouncil grants Utility S ervices Partners P rivate L abel, I nc. 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 NL C Service L ine Warranty P rogram. T he cost f or the materials will solely be on Utility S ervices Partners and will be subject to the City’s prior review and approval. The term of the agreement shall be for three years f rom the ef f ective date. T he 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. A s a consideration for such license, Utility S ervice P artners will pay to the C ity a license fee set forth in Exhibit A of the agreement. The C ity A ttorney has reviewed all of the agreement terms and has approved them for execution. MO T I O N: Council Member Reeves moved to approve. Council Member Tutson seconded. Motion f ailed 3-3. Beazley, Miller and Pike opposed. Council Member Toten was out of the room. 13.C L O S E D S E S S I O N (E X C E P T I O NS ) Under Tex. Gov't Code Chapter 551, the City Counci l may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a.Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of P rofessional C onduct of the S tate B ar of Texas clearly conf licts with C hapter 551 of the Government C ode (Tex. Gov’t Code §551.071). Development F ees; L aw E nforcement Services. a b.Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072); city facilities; acquisition of easements a c.Discuss or deliberate E conomic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the C ity is conducting economic development negotiations; or (2) To deliberate the offer of a f inancial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t C ode §551.087); possible incentive agreements with property developers; pending negotiations on development agreements. a d.Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074); Boards and Commissions a MO T I O N: C ouncil Member Tutson moved to enter Closed Session. Council Member Miller seconded. Motion carried 7-0. Mayor Pike recessed the meeting at 9:54 p.m. Mayor Pike reconvened the meeting at 9:58 p.m. 14.Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary No action. 15.Adjourn. Mayor Pike adjourned the meeting at 9:58 p.m. Approved on the J une 7, 2019. ________________________ Mayor Nate P ike AT T E S T: __________________________ City Secretary Carrie L . Smith A NNA C I T Y C O UNC I L M I NUT E S R E G UL A R S E S S I O N J une 11, 2019 1.Call to Order/Roll Call and E stablishment of Quorum Mayor Pike called the meeting to order at 7:08 p.m. A ll Council Members were present. 2.Invocation and Pledge of Allegiance. Council Member Beazley led the invocation and Mayor P ike led the pledge. 3.Citizen Comments. Citizens are allowed three mi nutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual informati on in response to a citizen's inquiry or to reci te existing poli cy i n response to the inquiry. 4.Receive reports from Staff or the City Council about items of community interest. Items of communi ty i nterest include: expressions of thanks, congratulations, or condolence; i nformation regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or publ ic empl oyment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or communi ty event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. a.Proclamation - Anna L ady Coyotes S oftball Team Day J une 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 A pril 4, 2019 E conomic D evelopment Corporation meeting. (J oey Grisham) c.Review Minutes of the April 10, 2019 E conomic D evelopment Corporation Special Meeting. (J oey Grisham) d.Review Minutes of the A pril 4. 2019 C ommunity Development Corporation meeting. (J oey Grisham) e.Review Minutes of the April 10, 2019 C ommunity Development Corporation Special Meeting. (J oey Grisham) f.Review minutes of the May 6, 2019 Planning and Z oning Meeting. (Maurice Schwanke) g.Approve a R esolution approving the Daniel Rodriguez Development Plat. (Maurice Schwanke) The development plat for review is located within A nna’s extra territorial jurisdiction and is generally located on the West side of C ounty R oad 479, S outh of C ounty Road 429. T he tract is in the Mark R. Roberts S urvey, A bstract No. 742 and contains 6.794 acres of land. T he owner is proposing to put a new home and shop on the property. T he submittal meets the C ity of A nna development plat requirements. A R E S O L UT I O N O F T HE C I T Y O F A NNA, T E X A S A P P R O V I NG T HE D A NI E L R O D R I G UE Z D E V E L O P ME NT P L AT MO T I O N: Council Member Beazley moved to approve the C onsent A genda. Council Member Miller seconded. Motion carried 7-0. 6.Consider/Discuss/Action on an Ordinance Amending the F Y 2019 Budget (Dana T hornhill) a The proposed budget amendment includes funding for the following purposes: Utility F und S ewer Department - The City has experienced torrential rainfall since the beginning of the f iscal year. W ith this comes inflow and infiltration of the rainwater into the sewer system. T he Public Works D epartment is working diligently to evaluate the system and to minimize the impact. A s 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 D istrict. To assist with the increased costs, staff is recommending a budget adjustment to transfer $839,000 from the Water Development Agreement F und, 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 F Y 2019 budget f or treatment and transportation was budgeted at $1,200,000. This budget adjustment will increase the budget to $2,432,397. S taff 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 staf f to more effectively promote the C ity and capture past funds allowable for promotions to be utilized. E conomic Development F und On May 16, 2019, the A nna Economic D evelopment Corporation B oard approved a Resolution amending the promotion expense line item by $18,213. This amendment will allow staf f to more effectively promote the C ity and capture past funds allowable for promotions to be utilized. A N O R D I NA NC E A ME ND I NG O R D I NA NC E NO. 783-2018 A D O P T I NG T HE B UD G E T F O R T HE 2018-2019 F I S C A L YE A R ; P R O V I D I NG F O R S AV I NG S , S E V E R A B I L I T Y, A ND R E P E A L I NG C L A US E S ; P R O V I D I NG F O R A N E F F E C T I V E D AT E ; A ND P R O V I D I NG F O R T HE P UB L I C AT I O N O F T HE C A P T I O N HE R E O F. MO T I O N: C ouncil Member B eazley moved to approve. C ouncil Member Tutson seconded. Motion carried 7-0. 7.Consider/Discuss/Action on a Resolution Opposing House Bill 2439. a A bill introduced in the Texas House of Representatives, HB 2439 (and its companion in the S enate, S B 1266), would prevent local governments f rom directly or indirectly prohibiting the use of specif ic 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 f or 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. A R E S O L UT I O N O F T HE C I T Y O F A NNA O P P O S I NG HB 2439 R E L AT I NG TO C E RTA I N R E G UL AT I O NS A D O P T E D B Y G O V E R NME NTA L E NT I T I E S F O R T HE B UI L D I NG P R O D UC T S , MAT E R I A L S , O R ME T HO D S US E D I N T HE C O NS T R UC T I O N O R R E NO VAT I O N O F R E S I D E NT I A L O R C O MME R C I A L B UI L D I NG S. MO T I O N: Council Member Beazley moved approve subject to being sent to S enator and Governor. Mayor Pike seconded. Motion carried 7-0. 8.A ) Conduct a public hearing to consider public comments regarding a request by J ohn Rattan, the owner of the property. T he property is currently zoned Restricted C ommercial (C -1) and T horoughfare Overlay District (T HO R). T he applicant requests to replace the existing Zoning with a Commercial Planned Development. T he section of property is located on the Southwest corner of White St (F M 455) and F erguson Pkwy. (M aurice S chwanke) B) C onsider/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. a The proposed use f or this site is a C hase B ank. T he 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 f eet from the right-of-way of West W hite S treet (F.M. 455). The C hase Bank developers are wanting to put their parking behind the building and have just landscaping between the building and the street. T heref ore, they are proposing the attached “P D” with a front setback of 20 feet which would override the 50 f oot requirement. A dditionally, they are requesting the separation of driveways be a minimum of 100 feet instead of 150 feet and the use of E I F S (Exterior I nsulation F inishing S ystem) over 15 feet above surface elevation. A concept plan is attached. The P lanning and Z oning Commission recommended approval of the zoning request at their regularly scheduled meeting on J une 3rd, 2019. Mayor Pike opened the public hearing at 8:04 p.m. No Comments. Mayor Pike closed the public hearing at 8:04 p.m. (S W C orner of W hite St and F erguson P kwy Z oning C hange from C ommercial C- 1 & T horoughfare Overlay District to a Commercial P lanned Development.) A N O R D I NA NC E O F T HE C I T Y O F A NNA , T E X A S A ME ND I NG T HE C I T Y’S C O MP R E HE NS I V E P L A N, Z O NI NG MA P, A ND Z O NI NG O R D I NA NC E , A ND C HA NG I NG T HE Z O NI NG O F C E RTA I N P R O P E RT Y A S D E S C R I B E D HE R E I N; P R O V I D I NG F O R S AV I NG S , R E P E A L I NG A ND S E V E R A B I L I T Y C L A US E S; P R O V I D I NG F O R A N E F F E C T I V E D AT E; P R O V I D I NG F O R A P E NA LT Y C L A US E NO T TO E X C E E D $2000 O R T HE HI G HE S T P E NA LT Y A MO UNT A L L O W E D B Y L AW, W HI C HE V E R I S L E S S; A ND, P R O V I D I NG F O R T HE P UB L I C AT I O N O F T HE C A P T I O N HE R E O F. MO T I O N: Mayor Pike moved to approve. C ouncil Member Miller seconded. Motion carried 7-0. 9.Consider/Discuss/Action approving a Resolution approving a Development Agreement with Bloomfield Homes to make improvements to Lakeview Park and S layter Creek P ark. (M aurice Schwanke) a B loomfield homes is willing to make improvements to L akeview P ark and S layter Creek park in return for park credits. The improvements would include the following: L akeview P ark A Playground facility (including fall zone and concrete ribbon edging), bathroom facilities, picnic shelter, a lake wall, associated trail, sod and irrigation at L akeview P ark. S layter Creek Park A P layground facility (including f all zone and concrete ribbon edging) east of B ambrough D rive at C hatsworth in Slayter C reek P ark and improvements along the eastern edge of phases 8, 10, and 12. These plans have been recommended by the P arks B oard. P ark credits available within L akeview 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. MO T I O N: Mayor Pike moved to table the item. C ouncil Member Beazley seconded. Motion carried 7-0. 10.Consider/Discuss/Action on an Ordinance Amending the F ee Schedule relating to Building P ermit F ees and Building Inspection Fees. (Ashley S tathatos) a S taff is bringing new building permit and inspection f ees 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. S taff completed a market assessment to ensure A nna's fees remain competitive with neighboring cities while at the same time, they are high enough to cover costs associated with growth and development. T he aim is to move beyond the current status quo and provide higher service levels to the development community. S taff aims to streamline building processes making it quick and easy to get permits in A nna, a much desired need of all builders and contractors. A dditionally, at a f uture meeting, staff will present a comprehensive plan to transition to an in-house building department. A n in-house building department is necessary to be able to sustain the city's growth. A N O R D I NA NC E O F T HE C I T Y O F A NNA, T E X A S, A ME ND I NG T HE A NNA C I T Y C O D E O F O R D I NA NC E S B Y A ME ND I NG PA RT I V; S C HE D UL E O F F E E S; P R O V I D I NG F O R A P E NA LT Y F O R A NY V I O L AT I O N O F T HI S O R D I NA NC E NO T TO E X C E E D $500; P R O V I D I NG F O R S AV I NG S , S E V E R A B I L I T Y, A ND R E P E A L I NG C L A US E S ; P R O V I D I NG F O R A N E F F E C T I V E D AT E ; A ND P R O V I D I NG F O R T HE P UB L I C AT I O N O F T HE C A P T I O N HE R E O F. MO T I O N: Council Member B ryan moved to approve. C ouncil Member Miller seconded. Motion carried 7-0. 11.Consider/Discuss/Action on an Ordinance Amending the S ubdivision Regulations and S chedule of F ees Regulating the P ark D evelopment Fund. (Ashley Stathatos) a S taff is bringing an ordinance to Council, for consideration, pertaining to the P arks Development fund and the revenue within the fund. Currently, the P arks Development F und can be used for capital improvements and the purchase of land. This Ordinance would, also, allow f or planning, engineering, design and construction of parks facilities, maintenance and equipment associated with new and modernized facilities, long range planning and special studies. I n addition, the new language adds clarity and eliminates misinterpretation of the P arks Development F und and its intended use. A N O R D I NA NC E O F T HE C I T Y O F A NNA , T E X A S A ME ND I NG T HE A NNA C I T Y C O D E O F O R D I NA NC E S B Y A ME ND I NG PA RT I ll-A S UB D I V I S I O N R E G UL AT I O NS, A RT I C L E 4 P UB L I C S I T E S A ND O P E N S PA C E S , S E C T I O NS 5.03 (d) A ND 5.05; A ME ND I NG PA RT I V S C HE D UL E O F F E E S , A RT I C L E 4 D E V E L O P ME NT F E E S , S E C T I O N 6 PA R K S, S C HO O L S I T E S , P UB L I C A R E A S P E R MI T F E E S ; P R O V I D I NG F O R A P E NA LT Y F O R A NY V I O L AT I O N O F T HI S O R D I NA NC E NO T TO E X C E E D $500; P R O V I D I NG F O R S AV I NG S, S E V E R A B I L I T Y, A ND R E P E A L I NG C L A US E S ; P R O V I D I NG F O R A N E F F E C T I V E D AT E ; A ND P R O V I D I NG F O R T HE P UB L I C AT I O N O F T HE C A P T I O N HE R E O F. MO T I O N: Council Member Reeves moved to approve. C ouncil Member B ryan seconded. Motion failed 5-2. B eazley and Miller opposed. 12.Consider/Discuss/Act on a Resolution approving a M arketing Agreement with Utility S ervice P artners P rivate L abel, Inc. (J im Proce) a A t the F ebruary 26, 2019, C ity Council Work S ession, the City Manager presented to the City C ouncil the National L eague of Cities (NL C) Service L ine Warranty P rogram administered by Utility S ervice P artners Private L abel, I nc. The NL C S ervice L ine Warranty Program provides an optional, proactive solution to a problem that is bound to strike our neighbors at some point in time. W hen private service lines break or leak, many homeowners call the city f irst and are often surprised and f rustrated to learn that the city can’t help. E ducational marketing about homeowners’ responsibility f or 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. A t no cost to the city, the program offers affordable protection f or 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 A greement before the C ouncil grants Utility S ervices Partners P rivate L abel, I nc. 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 NL C Service L ine Warranty P rogram. T he cost f or the materials will solely be on Utility S ervices Partners and will be subject to the City’s prior review and approval. The term of the agreement shall be for three years f rom the ef f ective date. T he 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. A s a consideration for such license, Utility S ervice P artners will pay to the C ity a license fee set forth in Exhibit A of the agreement. The C ity A ttorney has reviewed all of the agreement terms and has approved them for execution. MO T I O N: Council Member Reeves moved to approve. Council Member Tutson seconded. Motion f ailed 3-3. Beazley, Miller and Pike opposed. Council Member Toten was out of the room. 13.C L O S E D S E S S I O N (E X C E P T I O NS ) Under Tex. Gov't Code Chapter 551, the City Counci l may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a.Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of P rofessional C onduct of the S tate B ar of Texas clearly conf licts with C hapter 551 of the Government C ode (Tex. Gov’t Code §551.071). Development F ees; L aw E nforcement Services. a b.Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072); city facilities; acquisition of easements a c.Discuss or deliberate E conomic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the C ity is conducting economic development negotiations; or (2) To deliberate the offer of a f inancial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t C ode §551.087); possible incentive agreements with property developers; pending negotiations on development agreements. a d.Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074); Boards and Commissions a MO T I O N: C ouncil Member Tutson moved to enter Closed Session. Council Member Miller seconded. Motion carried 7-0. Mayor Pike recessed the meeting at 9:54 p.m. Mayor Pike reconvened the meeting at 9:58 p.m. 14.Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary No action. 15.Adjourn. Mayor Pike adjourned the meeting at 9:58 p.m. Approved on the J une 7, 2019. ________________________ Mayor Nate P ike AT T E S T: __________________________ City Secretary Carrie L . Smith Item No. 5.b. City Council Agenda Staff Report Meeting Date: 6/25/2019 AG E ND A IT E M : A pproving a Resolution A greement for S ervices with National S ign P lazas, I nc. (Ryan Henderson) S UM M ARY: T he agreement f or services with National S ign P lazas, I nc. is a five year renewal agreement where the C ity will remain in permitting National Sign Plaza the ability to host directional signs within the City right-of-way. T he Contractor, National Sign Plaza, is directly responsible for the administration of the Sign Plaza Program and responsible for contracting with developers and/or homebuilders for the lease of sign panels subject to the C ity's approval. Contractor will collect, and remit to the City, an administrative fee of $10.00 per panel per month. F e e s will be remitted within sixty (60) days of the end of each fiscal quarter. T he topper panel seen today will be replaced with the replica of the logo of the City of A nna found on the water tower. I n addition to the new topper panel, the C ity will also be seeking to incorporate wayfinding signage, for C ity f acilities, as identified as a deliverable within the City of A nna Strategic P lan. S TAF F RE C O M M E ND AT I O N: Staff recommends approving the A greement for S ervices with National S ign P laza, I nc. AT TAC HM E NT S : Description Upload Date Type Exhibit 1 - Agreement for Services 6/20/2019 Staff Report Exhibit 2 - Resolution 6/20/2019 Staff Report AGREEMENT FOR SERVICES Page 1 of 11 AGREEMENT FOR SERVICES This Agreement for Services (this “Agreement”) is entered into by and between the City of Anna, Texas (the “City”), a Texas home-rule municipality, and National Sign Plazas, Inc., a California corporation (“Contractor”) (collectively, the “Parties”). WHEREAS, the City’s sign regulations permit the City to install directional signs within its rights- of-way, including the type of signs that are the subject of this Agreement; and WHEREAS, the City of Anna desires to initiate an exclusively City-controlled program (“Sign Plaza Program”) to locate certain types of signs (“Plaza Signs”) within public right of way or on public property for the purpose of providing direction to subdivisions, developers, homebuilders, and public facilities within the City’s corporate limits or its extraterritorial jurisdiction (“ETJ”), and to contract for the installation and maintenance of the Sign Plazas and sign panels; and WHEREAS, Contractor represents that it is a California corporation authorized to do business in the State of Texas with experience and expertise in assisting municipalities to establish efficient, effective and high-quality municipally-controlled directional sign program and that the goods, services and workmanship; and and WHEREAS, Contractor desires to install Sign Plazas as described more fully in this Agreement; WHEREAS, Contractor desires to maintain the Sign Plazas after their installation and to act as the City’s leasing agent and lease space on the Sign Plazas to developers and homebuilders and to bill and collect fees from the developers and homebuilders to be divided between Contractor and the City in accordance with this Agreement; and WHEREAS, Contractor submitted a proposal that meets the City’s needs; NOW, THEREFORE in consideration of these recitals and other good and valuable consideration, the value and receipt of which is acknowledged, the City and Contractor agree as follows: 1. Recitals. The Recitals above are hereby incorporated into this Agreement by reference. 2. Contract Documents. The parties shall meet and comply with all of their respective obligations under the terms, conditions and specifications contained in the Contract Documents. The Contract Documents, which set forth the entire understanding and agreement of the Parties, are as follows: (a) This Agreement; (b) Exhibit A-1: Primary Sign Plaza schematic and specifications; (c) Exhibit A-2: Community Sign Plaza schematic and specifications; and (d) Exhibit A-3: Neighborhood Sign Plaza schematic and specifications. 3. Scope of Work. Contractor shall administer certain aspects of the Sign Plaza Program by performing the work set forth in the Contract Documents (the “Work”). The Work shall be performed in a professional and safe manner and, in general, the Work shall consist of the following: AGREEMENT FOR SERVICES Page 2 of 11 (a) Construct, install, maintain and repair approved Sign Plazas and sign panels, subject to approval by the City; and (b) Contract with developers and/or homebuilders for the lease of sign panels (each such lease being referenced hereinafter as a “Private Lease”), subject to approval by the City; and (c) Assist the City in determining appropriate locations for Sign Plazas; and (d) Assist the City with identifying and removing all illegal off-premise signage; and (e) Attend meetings as necessary with City staff and other persons when necessary to perform the Work; and (f) Collect all lease payments and remit to the City, on a quarterly basis, an administrative fee as specified in Paragraph 7.(b) of this Agreement; and (g) Meet its other obligations as set forth in the Contract Documents and undertake all incidental tasks that are necessary in order to complete the Work. 4. Definition, Purpose of Sign Plaza. (a) Definition. For the purposes of this Agreement, a “Sign Plaza” is a structure placed in public right of way with approval by the City, and displays sign panels in accordance with this Agreement. (b) Purpose of Sign Plazas. The purpose of Sign Plazas is to provide municipal control over a program that provides direction for homebuyers, visitors, tourists, emergency service personnel, and the like, to the location of subdivisions, housing developments, homebuilders and public facilities within the City’s corporate limits and/or ETJ, while discouraging the placement of unsightly and hazardous off-site directional signs. 5. Specifications of Sign Plazas and Sign Panels. Contractor agrees to manufacture or replace and install Sign Plaza structures and sign panels in accordance with the specifications in these Contract Documents and the following: (a) Sign Plaza Structures shall not exceed twelve (12) feet above average grade. Structures are more completely described in Exhibit A-1, Exhibit A-2 and Exhibit A-3. (b) Sign Plazas shall be constructed of steel and/or aluminum and shall be capable of displaying up to ten (10) sign panels, double-sided, if necessary. (c) A City topper panel will be designed for City, shall be prominently displayed at the top of all Sign Plazas installed under this Agreement, and shall be visible on any side of a Sign Plaza which displays directional sign panels. (d) The color of all Sign Plazas shall be determined by the City. (e) Subject to subsection (g), below, each sign panel shall contain only an appropriate directional arrow (and, if appropriate, directional information) and the name of one of the following: (1) a residential community; (2) a residential subdivision; (3) a homebuilder that currently has for sale lots and/or homes in the City or the City’s ETJ; (4) a public facility owned or controlled by the City; (5) a development corporation created by the AGREEMENT FOR SERVICES Page 3 of 11 City; or (6) any commercial or mixed-use development; provided, however, that the City’s advance written approval is required for participation by any such commercial or mixed-use development. (f) Further, and also subject to subsection (g), below, all sign panels shall be uniform in size as approved by the City and no logos other than the City’s logo shall be permitted on the header panel. Sign panels shall contain only the name of a residential community, subdivision, homebuilder, public facility, local business and logo, the builder or developer’s name and/ or logo, the builder or developer’s recognized color scheme, and directional information or the name of the builder/developer and logo and an appropriate directional arrow. Directional arrows will be of a uniform size; a line of text at the bottom of the sign panel with directional information is permissible if circumstances warrant it. Fluorescent colors are not allowed. Reflective colors and text are not allowed. Unless so authorized by City, the sign panels shall not appear to replicate the commonly accepted color schemes of motorist signs. (g) Notwithstanding the foregoing or any other provision of this Agreement, the requirements and restrictions related to sign panels can be waived by the City to authorize logos and/or recognized color schemes associated with any of the entities or items listed above in subsection (e)(1)-(6), above. Such authorization can be made conditional on other requirements and is only effective if it is in writing, includes a true-to- color graphical depiction of the requested logo and/or color scheme and is signed by the City Manager. Any sign panel allowed under such authorization must be removed and replaced by Contractor if and when the City determines at its discretion that the sign panel as installed departs in appearance from the characteristics as shown in the written authorization. (h) Contractor shall submit final design plans to the City for approval prior to installation of any Sign Plaza. (i) No additions, tag sign streamers, attention-getting devices or other appurtenances shall be attached to any Sign Plaza or sign panel. (j) Sign Plaza locations shall be approved and designated only by the City with the assistance of Contractor. (k) At the City’s request and direction, Contractor shall remove and relocate any Sign Plazas within thirty (30) days of the receipt of written notice at no cost to the City. At the City’s request and direction, the Contractor shall remove and relocate any Sign Plazas within thirty (30) days of the receipt of written notice at no cost to the City/County. Contractor shall provide, at no cost to the City, the equivalent of not less than ten percent (10%) of all permitted Sign Plazas to the City for use as directional signage to municipal or community service facilities or locations. Said sign panels shall be provided on a space available basis, secondary to sign panels to be displayed for developers, homebuilders, and residential communities, and shall be installed with no more than two (2) such sign panels per plaza. Sign panels shall contain only the name of a residential community, subdivision, homebuilder, public facility, City and logo, the builder or developer’s name and/or logo, the builder or developer’s recognized color scheme, and directional information or the name of the builder/developer and logo and an appropriate directional arrow. Directional arrows will be of a uniform size; a line of text at the bottom of the sign panel with directional information is permissible if circumstances warrant it. Fluorescent colors are not allowed. Reflective colors and text are permissible. Unless so authorized by City, the sign panels shall not appear to replicate the commonly accepted color schemes of motorist signs. AGREEMENT FOR SERVICES Page 4 of 11 (l) Contractor shall provide to the City: (1) a semi-annual inventory report of existing installed sign panels; and (2) full and correct copies of each Private Lease that it enters into with respect to a Sign Plaza or sign panel under this Agreement. (m) Contractor shall, at its sole cost, maintain, repair, replace and repaint each sign panel as necessary or deemed necessary by the City. Upon notice by the City, Contractor agrees to undertake necessary repairs or replacement of any sign panel within seventy-two (72) hours of receipt of notice. (n) Contractor shall not install or maintain any Sign Plazas or sign panels within the City, which are not in compliance with the terms of this Agreement. (o) Sign Panels shall be constructed on Alpolic 360. The panels shall be vinyl coated with materials comparable to 3M High Performance Vinyl. (p) Individual sign panels on a Primary Sign Plaza shall not exceed fifty (50) inches in horizontal length by twelve (12) inches in height. Individual sign panels on a Community Sign Plaza shall not exceed fifty (50) inches in horizontal length by twelve (12) inches in height. Individual sign panels on the Neighborhood Sign Plaza shall not exceed thirty (30) inches in horizontal length by thirty (30) inches in height. 6. Number, Placement and Type of Sign Plazas. The City has sole discretion to determine the number, type and placement (location) of the Sign Plazas installed under this Agreement. With respect to each new housing community, Contractor shall provide a written plan for approval by the City showing precisely the proposed locations of all Sign Plazas based on each location where homebuyers would require information regarding a change of direction and likewise where homebuyers would need reassurance to continue in a certain direction. Subject to City approval of such plan(s), one or more Sign Plazas, located at least one hundred (100) feet apart, shall be installed to accommodate directional sign panels. The plans referenced in this Paragraph must be delivered to the City no later than thirty (30) days after the City provides notice requesting such plans. Contractor may submit to City at any time during the term of the Agreement subsequent requests for the approval of additional Sign Plaza locations, as may be expressed by homebuilders, developers, and residential communities over time. 7. Price and Payment Schedule. The price and payment schedule for Sign Plazas shall be as follows: (a) Contractor will install the Sign Plazas and rotate City panels at no cost to the City. (b) Contractor will collect, and remit to the City, an administrative fee of $10.00 per panel per month. Said fees shall be remitted within sixty (60) days of the end of each fiscal quarter. Fiscal quarters will be based on Contractor’s fiscal cycle, beginning October 1 and ending September 30. 8. Term of Agreement and Termination of Agreement. (a) The term of this Agreement is five (5) years. (b) Renewal. At the end of the term, this Agreement may be renewed by mutual written and fully executed agreement of the parties for a mutually agreeable term. Contractor shall not allow any Private Lease to extend beyond or grant any rights with regard to the placement of sign panels beyond the term of this Agreement. AGREEMENT FOR SERVICES Page 5 of 11 (c) Termination. This Agreement may be not be terminated by either party before the end of the term, except that a party may terminate this Agreement by providing a notice of termination at any time after: (1) a default remains uncured after the Cure Period set forth in Paragraph 18 of this Agreement; or (2) the occurrence of a breach that is not subject to being cured. If the City terminates this Agreement due to Contractor’s breach or uncured default, Contractor agrees that all installed Sign Plazas and sign panels shall remain in place and shall become the property of the City and all Private Leases still in effect shall be deemed assigned by Contractor to the City and any receivables under such Private Leases shall be deemed the property of the City. Further, in the event of such termination, Contractor agrees to promptly transfer all information related to the placement of the sign panels to the City, including, but not limited to, the original sign service documents, an accounting of all open accounts, and all other relevant documents. After the transfer of all information, this Agreement shall be of no further effect. Still further, in the event of such termination, at the City’s option, Contractor shall remove or pay for the complete removal of any and all Plaza Signs and shall restore or pay for the restoration of the placement site to its original condition. In the event that the City requires Contractor to remove any Plaza Sign under this subsection, the ownership of the removed Plaza Sign shall vest in Contractor. 9. Placement of Sign Panels and Private Lease(s). After the City’s written approval and acceptance of the installed Sign Plazas, the City agrees to extend to Contractor an exclusive right to use the Sign Plazas for sign panel placements—which must be governed by Private Leases—as well as the exclusive right to maintain the Sign Plazas and sign panels subject to the terms of this Agreement. (a) Contractor agrees to offer and place sign panels for homebuilders, developers, residential communities/subdivisions and other developments if authorized by the City. Contractor further agrees to use Contractor’s best efforts to place all available sign panels. (b) Contractor agrees that the placement fees for the sign panels will be set at market rate. Contractor may include in any Private Lease an annual lease rate increase as determined by the Consumer Price Index. (c) Contractor agrees to manage and maintain at its sole expense all aspects of the placement of the sign panels, including entering into Private Leases and performing all related billing, fee collections, and payment of any applicable taxes and fees. (d) Contractor will remit to the City on a quarterly basis the amount of the City’s Administrative Fee as specified in Paragraph 7.(b) of this Agreement. (e) Contractor agrees to provide an annual report to the City pertaining to the number of sign panels installed within the City, the amount billed for each panel, the amount collected by Contractor for each sign panel, and the amount that Contractor has paid to the City for each sign panel. (f) Contractor agrees that in no event will the City be liable for any fee payment or other fees or liabilities related to any Private Lease or placement of the sign panels. Contractor further agrees that each Private Lease shall: (1) be in writing; (2) consistently refer to Contractor as “Lessor” and to the lessee as “Lessee”; (3) be signed by the lessee; and (4) contain an indemnity/hold-harmless clause that requires the lessee to fully indemnify, defend, and hold harmless the City as set forth in this subsection. Said clause shall be set forth as a material term of each Private Lease and shall be made conspicuous by its AGREEMENT FOR SERVICES Page 6 of 11 text being bolded, underlined and in upper case lettering, and shall state as follows: “NOTWITHSTANDING ANY OTHER PROVISION IN THIS LEASE, AND AS ONE OF LESSEE’S MATERIAL OBLIGATIONS UNDER THIS LEASE, LESSEE SHALL FULLY INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY OF ANNA, TEXAS, AND ITS OFFICIALS, OFFICERS, REPRESENTATIVES, AGENTS, AND EMPLOYEES FROM AND AGAINST: (1) ANY AND ALL CLAIMS, CAUSES OF ACTION, SUITS OR OTHER PROCEEDINGS OR ACTIONS SEEKING DAMAGES—AS WELL AS ANY AND ALL JUDGMENTS AWARDING DAMAGES—WHEN ANY SUCH DAMAGES ARE CAUSED BY, OR ARE ALLEGEDLY CAUSED, IN WHOLE OR IN PART, BY LESSOR’S BREACH OF THIS LEASE AND/OR LESSOR’S NEGLIGENT OR WILLFUL ACTS OR OMISSIONS OR SUCH ACTS OR OMISSIONS BY LESSOR’S OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS REGARDLESS OF THE NATURE OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM, RELATED IN ANY WAY TO, OR BEING CONNECTED IN ANY MANNER WITH: (A) ANY INJURY, DEATH, PROPERTY DAMAGE AND/OR ANY ECONOMIC LOSS SUFFERED BY THE LESSEE, ITS OFFICIALS, OFFICERS, REPRESENTATIVES, AGENTS, AND/OR EMPLOYEES; (B) ANY AND ALL ASSOCIATED ATTORNEY FEES, COURT COSTS, SETTLEMENT EXPENSES AND LITIGATION EXPENSES RELATED TO ANY DAMAGES OR LIABILITY DESCRIBED IN (A), IMMEDIATELY ABOVE, AND/OR RELATING TO ANY CLAIM, CAUSE OF ACTION, SUIT, OR OTHER PROCEEDING ASSERTING SUCH LIABILITY AND/OR DAMAGES AGAINST THE CITY, ITS OFFICIALS, OFFICERS, REPRESENTATIVES AGENTS, AND EMPLOYEES, UNLESS SAID CLAIM, CAUSE OF ACTION, SUIT, OR OTHER PROCEEDING SEEKS DAMAGES SOLELY CAUSED BY THE NEGLIGENT OR WILLFUL ACT OR OMISSION OF THE CITY OF ANNA, TEXAS OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS; AND, (C) ALL ATTORNEY FEES, COURT COSTS, SETTLEMENT EXPENSES AND LITIGATION EXPENSES RELATED TO THE ENFORCEMENT OF SAID CITY’S RIGHTS AND THE LESSEE’S OBLIGATIONS UNDER THIS PROVISION. SOLELY FOR THE PURPOSE OF ENFORCING LESSEE’S OBLIGATIONS UNDER THIS PROVISION. NOTWITHSTANDING ANY OTHER PROVISION IN THIS LEASE, INCLUDING BUT NOT LIMITED TO ANY PROVISION THAT COULD BE INTERPRETED TO INDICATE THAT THERE ARE NO THIRD PARTY BENEFICIARIES TO THIS LEASE, THE CITY OF ANNA, TEXAS IS EXPRESSLY DESIGNATED BY LESSOR AND LESSEE AS A THIRD PARTY BENEFICIARY OF THIS LEASE. LESSOR AND LESSEE UNDERSTAND AND AGREE THAT NOTHING IN THIS LEASE ACTS AS A WAIVER OF THE CITY’S IMMUNITY FROM SUIT OR LIABILITY OR ANY ADDITIONAL LIMITATIONS OR DEFENSES AVAILABLE TO THE CITY UNDER LAW. LESSOR AND LESSEE AGREE THAT THE SINGULAR OR PLURAL FORMS OF ANY WORDS USED IN THE FOREGOING PROVISIONS RELATED TO THE CITY OF ANNA, TEXAS SHALL NOT BE INTERPRETED IN ANY MANNER TO LIMIT THE INDEMNIFICATION, PROTECTIONS, AND OTHER BENEFITS OTHERWISE AFFORDED THE CITY IN SAID PROVISIONS.” (g) Contractor agrees to include in all Private Leases that place sign panels under this Agreement an assignment clause which will assign Contractor’s rights to fee payment to the City in the event that this Agreement is terminated before the end of the term of this Agreement due to Contractor’s default. (h) Homebuilders, developers, and residential communities with sites located within the City’s corporate boundaries, shall at all times during the term of this Agreement be allowed to participate in the Sign Plaza program with respect to those sites. Homebuilders, developers, and residential communities or other potentially eligible AGREEMENT FOR SERVICES Page 7 of 11 developments that are located solely in the City’s ETJ may not participate in the Plaza Sign Program without the City’s advance written approval. (i) City and Contractor agree that no sign panels other than those manufactured and installed by Contractor shall be allowed on the Sign Plaza Structures. 10. Maintenance of Sign Plazas. (a) Contractor agrees to maintain the Sign Plazas and sign panels for the term of this Agreement. (b) Contractor agrees to replace damaged Sign Plazas and sign panels, as it deems necessary or as requested by the City. (c) Contractor agrees to provide to the City a telephone number and a contact person allowing the City to contact Contractor requesting maintenance on the Sign Plazas or sign panels 24 hours a day, seven days a week. This obligation must be met before Contractor installs any Plaza signs under this Agreement. (d) Contractor agrees to repair all Sign Plazas within five (5) business days of the receipt of the City’s written request for repair. Contractor further agrees to remove for repair all sign panels within seventy-two (72) hours of written notification of the need of repair by the City. Sign panel will be replaced within five (5) business days of the written notification. (e) Contractor agrees to maintain a regular maintenance schedule to check each Sign Plaza and sign panel for all necessary repairs and to complete those repairs promptly. (f) Contractor agrees to maintain all Sign Plazas and sign panels in conformity with all terms of this Agreement, but in no event later than five (5) business days after discovery of the need to repair. 11. INDEMNIFICATION AND OTHER PROTECTIONS. NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT, AND AS ONE OF CONTRACTOR’S MATERIAL OBLIGATIONS UNDER THIS AGREEMENT, CONTRACTOR SHALL FULLY INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY OF ANNA, TEXAS, AND ITS OFFICIALS, OFFICERS, REPRESENTATIVES, AGENTS, AND EMPLOYEES FROM AND AGAINST: (1) ANY AND ALL CLAIMS, CAUSES OF ACTION, SUITS OR OTHER PROCEEDINGS OR ACTIONS SEEKING DAMAGES—AS WELL AS ANY AND ALL JUDGMENTS AWARDING DAMAGES—WHEN ANY SUCH DAMAGES ARE CAUSED BY, OR ARE ALLEGEDLY CAUSED, IN WHOLE OR IN PART, BY CONTRACTOR’S BREACH OF THIS AGREEMENT AND/OR CONTRACTOR’S NEGLIGENT OR WILLFUL ACTS OR OMISSIONS OR SUCH ACTS OR OMISSIONS BY CONTRACTOR’S OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS, REGARDLESS OF THE NATURE OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM, RELATED IN ANY WAY TO OR BEING CONNECTED IN ANY MANNER WITH: (A) ANY INJURY, DEATH, PROPERTY DAMAGE AND/OR ANY ECONOMIC LOSS; () ANY AND ALL ASSOCIATED ATTORNEY FEES, COURT COSTS, SETTLEMENT EXPENSES AND LITIGATION EXPENSES RELATED TO ANY DAMAGES OR LIABILITY DESCRIBED IN (A), IMMEDIATELY ABOVE, AND/OR RELATING TO ANY CLAIM, CAUSE OF ACTION, SUIT, OR OTHER PROCEEDING ASSERTING SUCH LIABILITY AND/OR DAMAGES AGAINST THE CITY, ITS OFFICIALS, OFFICERS, REPRESENTATIVES AGENTS, AND EMPLOYEES, UNLESS SAID CLAIM, CAUSE OF ACTION, SUIT, OR OTHER PROCEEDING SEEKS DAMAGES SOLELY CAUSED BY THE NEGLIGENT OR WILLFUL ACT OR OMISSION OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SUBCONTRACTORS; AND, (C) ALL ATTORNEY FEES, COURT COSTS, AGREEMENT FOR SERVICES Page 8 of 11 SETTLEMENT EXPENSES AND LITIGATION EXPENSES RELATED TO THE ENFORCEMENT OF THE CITY’S RIGHTS AND CONTRACTOR’S OBLIGATIONS UNDER THIS PARAGRAPH. CONTRACTOR AGREES THAT NOTHING IN THIS AGREEMENT ACTS AS A WAIVER OF THE CITY’S IMMUNITY FROM SUIT OR LIABILITY OR ANY ADDITIONAL LIMITATIONS OR DEFENSES AVAILABLE TO THE CITY UNDER LAW. CONTRACTOR AGREES THAT THE SINGULAR OR PLURAL FORMS OF ANY WORDS USED IN THIS PARAGRAPH SHALL NOT BE INTERPRETED IN ANY MANNER TO LIMIT THE INDEMNIFICATION, PROTECTIONS, AND OTHER BENEFITS OTHERWISE AFFORDED THE CITY IN THIS PARAGRAPH. 12. Insurance. Contractor shall be responsible for all injury or damage to persons and/or property resulting from its negligent acts, reckless or intentional misconduct, errors or omissions or those of its employees, subcontractors, agents or employees in connection with the Work and shall be responsible for all parts of the Work, both temporary and permanent. Contractor’s obligations with regard to insurance under this Agreement include the following. (a) Contractor shall, at its own expense, procure and maintain throughout the term of this Agreement, with insurers acceptable to the City, the types and amounts of insurance conforming to the minimum requirements set forth in subsections (b)-(d), below. Contractor shall not commence the Work until the required insurance is in force and evidence of insurance acceptable to the City has been provided to, and approved by, the City. An appropriate Certificate of Insurance shall be satisfactory evidence of insurance. Until such insurance is no longer required by the Agreement, Contractor shall provide the City with renewal or replacement evidence of insurance at least 30 days prior to the expiration or termination of such insurance. (b) Worker’s Compensation Insurance in accordance with statutory requirements, and Employers’ Liability Insurance with limits of not less than $1,000,000 for each accident. (c) Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate. (d) Automobile Liability Insurance with bodily injury limits of not less than $1,00,000 for each person and not less than $1,000,000 for each accident, and with property damage limits of not less than $1,000,000 for each accident. (e) Contractor shall furnish insurance certificates or insurance policies at the City’s request to evidence such coverages. Except for workers compensation, the insurance policies shall name the City as an additional insured. All insurance policies shall contain a provision that such insurance shall not be canceled or reduced with respect to by coverages or endorsements without 30 days’ prior written notice to the City and Contractor. In such event, Contractor shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. (f) Compliance with these insurance requirements shall not limit the liability of Contractor. Any remedy provided to the City by any insurance maintained by Contractor shall be in addition to and not in lieu of any other remedy (including, but not limited to, as an indemnitee of Contractor) available to the City under this Agreement or otherwise. AGREEMENT FOR SERVICES Page 9 of 11 (g) Neither approval nor failure to disapprove insurance furnished by Contractor shall relieve Contractor from responsibility to provide insurance as required by this Agreement. (h) Without limiting the number or character of acts omissions that may constitute a default under this Agreement, Contractor’s failure to obtain, pay for, or maintain all of the required insurance shall constitute a default. (i) Contractor shall furnish to the City Certificates of Insurance requiring thirty (30) days’ notice for any change, cancellation, or non-renewal. Such Certificates shall contain the following wording: “SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN.” (j) If the insurance policies expire during the term of this Agreement, a renewal certificate or binder shall be filed with the City at least 30 days prior to the renewal date. (k) All insurance required under this Agreement must be procured from an insurer licensed to do business in the State of Texas with a Best’s rating of “A+, A, or A-”. The policy must insure against perils including, but not limited to, earthquake, fire, extended coverages, windstorm, lightning, flood, and physical loss or damage, including theft, vandalism and malicious mischief. 13. Independent Contractor. Contractor shall, at all times during the term of this Agreement, be solely an independent contractor and not an agent, employee or representative of the City. The Work shall be strictly supervised by Contractor and Contractor bears full responsibility for any and all acts, errors or omissions of those engaged in the Work on behalf of Contractor, including, but not limited to, all subcontractors and their employees. The City shall have no control over the Work, and Contractor shall be solely responsible for and have sole control over all means, methods, techniques, sequences and procedures and for coordinating all portions of the Work. Contractor hereby warrants that all laborers furnished under this Agreement shall be qualified and competent to perform the tasks undertaken, that the product of such labor shall yield only first-class results, that all materials and equipment provided shall be new (unless otherwise specified) and of high quality, that the completed work will be complete, of high quality, without defects, and that all Work will strictly comply with the requirements of the Contract Documents. Any of the Work not strictly complying with the requirements of the Contract Documents shall constitute a breach of Contractor's warranty. 14. Notice. (a) Any notice required to be given pursuant to this Agreement must be served upon the parties by certified U.S. mail, return receipt required, to CITY: City of Anna, Texas Attn: City Manager 111 N Powell Parkway P.O. Box 776 Anna, TX 75409 Telephone:972-924-3325 Fax:972-924-2620 with a copy to: AGREEMENT FOR SERVICES Page 10 of 11 Clark McCoy Wolfe, Tidwell & McCoy, LLP 2591 Dallas Parkway, Ste. 300 Frisco, Texas 75034 Telephone: 972-712-3530 Fax: 972-712-3540 CONTRACTOR: National Sign Plazas Attn: Grant Hayzlett, President 16411 N. 90th, Suite 103 Scottsdale, AZ 85260 Telephone: 720-482-9293 Fax: 480-968-2988 with a copy to: Attn: Patrick Fuller 715 Discovery Blvd, Suite# 309 Cedar Park, TX 78613 Telephone: (512) 670-3717 Fax: (512) 986-7982 (b) Either party may change its addresses for notice by providing written notice of same to the other party via the manner set forth in subsection (a), above. (c) Notice shall be deemed to be received three days after the deposit of same—properly packaged and addressed with fully prepaid postage—in a United States post office or official depository to be sent via certified U.S. mail, return receipt requested. 15. Assignment and Subcontracting. Contractor may not delegate, assign or subcontract all or any part of the Work except the fabrication and installation of the Sign Plaza structures and production of the sign panels, which require equipment, materials and expertise which Contractor reasonably may not be expected to possess, without the City’s prior written consent. 16. Miscellaneous. The Contract Documents represent the entire and integrated understanding and agreement between the City and Contractor and supersede all prior negotiations, representations or Agreements, whether written or oral, except as where noted. The Contract Documents may be modified only by a written document signed by both parties and approved by the City of Anna’s city council at a public meeting. This Agreement shall be governed under Texas State law, and any action relating to the Agreement shall be brought only in Collin County, Texas, or in a U.S. district court in the Eastern District of Texas, Sherman Division. This Agreement is exclusively between and the City and Contractor and shall in no way be interpreted as conferring any rights or benefits to any other parties. 17. Mutual Drafting. The City and Contractor each has had opportunity to consult legal counsel regarding the drafting of this Agreement and the provisions of this Agreement shall not be construed against or in favor of either party. 18. Default and Remedies. If any Party fails to perform any of its obligations under the Contract Documents, such failure shall constitute a default. The non-defaulting Party shall give the defaulting Party written notice of the default. The defaulting Party shall have ten (10) business AGREEMENT FOR SERVICES Page 11 of 11 days after the receipt of such notice in which to cure the default (“Cure Period”). Failure to cure the default shall constitute a breach of this Agreement. In the event of a breach, the non- breaching party may terminate this Agreement and may obtain any reasonable remedy provided by law. Notwithstanding the above, insolvency or any filing by Contractor in any bankruptcy proceedings shall be deemed an automatic breach under this Agreement that is not subject to being cured. 19. Approvals. Whenever it is required under this Agreement for Contractor to obtain the City’s approval or authorization with respect to the Contract Documents or any aspect of the work, such approval or authorization is only effective if it is in writing, describes the extent of the approval or authorization in reasonable detail and is signed by the City Manager or another person that the City Manager has designated in writing. In Witness Whereof, authorized parties have signed this Agreement on the dates indicated below. City of Anna, Texas 111 N Powell Parkway P.O. Box 776 Anna, TX 75409 By: Jim Proce, City Manager Date ATTEST: National Sign Plazas, Inc. 2422 S Trenton Way, Unit H Denver, CO 80231 By: Grant Hayzlett, its President Date WITNESS: Carrie Smith, City Secretary (Printed ) Witness Name, Title CITY OF ANNA, TEXAS RESOLUTION NO. __________________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AGREEMENT FOR SERVICES WITH NATIONAL SIGN PLAZAS, INC. AND THE CITY OF ANNA WHEREAS, National Sign Plazas, Inc. is desirous in continuing their relationship with the City of Anna by entering into a five-year agreement for the permission to host directional signs within the City’s right-of-way. WHEREAS, the City of Anna desires to maintain an exclusively City-controlled program to locate certain types of signs within public right of way or on public property for the purpose of providing direction to subdivisions, developers, homebuilders, and public facilities within the City’s corporate limits or its extraterritorial jurisdiction (“ETJ”), and to contract for the installation and maintenance of the Sign Plazas and sign panels. WHEREAS, Contractor desires to maintain the Sign Plazas after their installation and to act as the City’s leasing agent and lease space on the Sign Plazas to developers and homebuilders and to bill and collect fees from the developers and homebuilders to be divided between Contractor and the City in accordance with this Agreement. 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 Agreement for Services The City Council hereby approves the Agreement for Services with National Sign Plazas, 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 25th day of June 2019. ATTEST: APPROVED: City Secretary, Carrie Smith Mayor, Nate Pike Item No. 5.c. City Council Agenda Staff Report Meeting Date: 6/25/2019 AG E ND A IT E M : A pproving a Resolution for a Marketing A greement with Utility S ervice P artners Private L abel, I nc. (J im P roce) S UM M ARY: At the February 26, 2019, City Council Work Session, the City Manager presented to the City Council the National League of Cities (N LC) Service Line Warranty Program administered by Utility Service Partners Private Label, Inc. T he NL C Service L ine Warranty P rogram provides an optional, proactive solution to a problem that is bound to strike our neighbors at some point in time. W hen private service lines break or leak, many homeowners call the city first and are often surprised and f rustrated to learn that the city can’t help. Educational marketing about homeowners’ responsibility for service lines is a key component of the program. T his program provides af f ordable repair plans backed by vetted, local-area contractors, keeping dollars in the local economy. A t no cost to the city, the program of f ers af f ordable protection for in- home plumbing and external water and sewer lines that will cover the cost of repairing leaks, breaks and clogs. T he program f eatures generous coverage amounts, and there is never a service fee or deductible. There are no annual or lifetime limits. T he Marketing Agreement before the Council grants Utility S ervices P artners Private L abel, I nc. a non-exclusive license to use, only during the term of the agreement, the C ity’s name and logo on letterhead, bills, and marketing materials to be sent to residential property owner regarding the NL C S ervice L ine Warranty Program. T he cost f or the materials will solely be on Utility Services Partners and will be subject to the City’s prior review and approval. T he term of the agreement shall be for three years from the effective date. T he 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 S ervice P artners will pay to the City a license f ee set forth in Exhibit A of the agreement. T he City Attorney has reviewed all of the agreement terms and has approved them for execution. S TAF F RE C O M M E ND AT I O N: Staff recommends approving the Marketing A greement with Utility Service Partners P rivate L abel, I nc. for the National L eague of Cities S ervice L ine Warranty P rogram. AT TAC HM E NT S : Description Upload Date Type Exhibit 1 - Marketing A greement 6/5/2019 Exhibit Exhibit 2 - Resolution 6/5/2019 Resolution Exhibit 3 - NL C S ervice L ine P rogram 2/22/2019 Backup Material Exhibit 4 - NL C S ervice L ine FA Q S 2/22/2019 Backup Material 1 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. 2 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, 3 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 4 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] 5 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 6 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. 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 11th day of June 2019. ATTEST: APPROVED: City Secretary, Carrie Smith Mayor, Nate Pike NLC Service Line Warranty Program * 2016 survey conducted by the Associated Press-NORC Center for Public Affairs Research WHY SHOULD OUR CITY offer this 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. 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. 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 97% 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. NLC Service Line Warranty Program?  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 — 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. to partner with the WHY CHOOSE COL_18_0430_WOF It is not a question of if residential service lines will fail, but rather when… and that’s a fact. FACT: An estimated 240,000 water main breaks occur every year in the U.S. MYTH: Water and sewer line emergencies are covered by homeowners insurance policies. FACT: A basic homeowner’s policy typically does not cover damages to the wa- ter line or sewer line on the homeowner’s property.1 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. FACT: A basic homeowner’s policy typically does not cover damages to the water line or sewer line on the homeowner’s property.1 MYTH: The risk of a water line or sewer line breaking is low. MYTH: Climates that do not experience extreme temperature changes are not at a high risk for water line breaks. FACT: Many factors contribute to service line failure, including: • Invasive tree roots • Poor soil conditions • Pipe materials • Climate changes ore than 1.1 million water service line and 4.3 million sewer line emergencies are expected to occur in the United States this year alone.2 Unfortunately, many Americans have misconceptions that leave them vulnerable to unnecessary stress and expensive repair bills. M • An estimated 240,000 water main breaks occur every year in the U.S., translating to an average of 650 breaks each day.3 • Approximately 51 million homes in the U.S. were built within the peak time frame for installation of service lines that are now failing across the nation.4 • Nearly 1 in 3 Americans (31%) don’t have at least $500 set aside to cover an unexpected emergency expense.5 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 www.UtilitySP.net 1-866-974-4801 partnerships@utilitysp.net 1What 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 5HomeServe Biannual State of the Home Survey, HOMESERVE USA 6SLWA repair cost data, 2003-2017.COL_18_0530_SLM1P Item No. 6. City Council Agenda Staff Report Meeting Date: 6/25/2019 AG E ND A IT E M : Consider/Discuss/Action on an Ordinance adopting and enacting a new Code of Ordinances. (Carrie Smith) S UM M ARY: City staff has been working with F ranklin L egal Publishing since J anuary 2018 to complete the recodification of all City Ordinances, including comprehensive editorial and legal reviews performed by licensed attorneys specializing in municipal law. F ranklin L egal reviewed, edited and consolidated C ity legislation and organized it into a user- friendly Code of Ordinances. They have analyzed, dissected and questioned every word in the Code. They have corrected inconsistencies, duplications, and conflicts with state law. Once adopted the Code of Ordinances will be accessible online 24/7 f rom any computer, tablet or other mobile devises. The Code will be searchable and make research anywhere, anytime easier. Supplements will be submitted annually to update the Code with new Ordinances adopted throughout the year. City S taff and City Attorney have reviewed the Code. S TAF F RE C O M M E ND AT I O N: AT TAC HM E NT S : Description Upload Date Type Ordinance 6/8/2019 Ordinance ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, ADOPTING AND ENACTING A NEW CODE OF ORDINANCES; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INC LUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF NOT EXCEEDING $500 GENERALLY OR EXCEEDING $2,000 FOR VIOLATIONS RELATING TO FIRE SAFETY, ZONING OR PUBLIC HEALTH AND SANITATION OR EXCEEDING $4 ,000 FOR VIOLATIONS RELATING TO DUMPING OF REFUSE ; PROVIDING FOR THE AMENDMENT OF SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. That the Code of Ordinances of the City of Anna, Texas, consisting of Chapters 1 through 12, each inclusive , and Appendices , is hereby adopted and enacted which shall supersede all other general and permanent ordinances of the City passed on or before April 9, 2019. Section 2. All ordinances of a general and permanent nature enacted on or before April 9, 2019, and not included in the Code or recognized and continued in force by reference therein, are repealed. Section 3. The codification consists of all ordinances as codified therein and as may be revised pursuant to the ordinance codification process and as evidenced by the memorandum of understanding provided as a part of said process. Section 4. The repeal provided for in Section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance. Section 5. Unless a differing penalty is expressly provided for within the Code, every person convicted of a general violation of any provision of the Code or any rule, ordinance , or police regulation of the City shall be punished by a fine not to exceed $2,000.00 for violations of all such rules , ordinances and police regulations that govern fire safety , zoning , or public health and sanitation , not to exceed $4,000.00 for violations of all such rules , ordinances and police regulations that govern the dumping of refuse, and not exceeding $500 .00 for all other violations. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the City may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits. Section 6. Additions or amendments to the Code when passed in such form as to indicate the intention of the City Council to make same a part of the Code shall be deemed to be incorporated into the Code, so that reference to the Code includes the additions and amendments. Section 7. Ordinances adopted after April 9, 2019, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code. Section 8. This ordinance and the Code adopted hereby shall become effective upon final passage of this ordinance. ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, ON THIS THE __ DAY OF _____ , 2019. Mayor ATTEST: City Secretary Item No. 7. City Council Agenda Staff Report Meeting Date: 6/25/2019 AG E ND A IT E M : Consider/Discuss/Act on A ppointment of E D C Members (I nterview Committee) S UM M ARY: E C O NO MI C D E V E L O P ME NT C O R P O R AT I O N R E S P O NS I B I L I T I E S T he E conomic Development Corporation is a seven member Board whose responsibilities include: identifying and f unding opportunities to expand the city's business tax base and promote job growth within the community. ME E T I NG S Unless otherwise posted, the Board meets at 6:30 p.m. on the first T hursday of each month at the City Hall Administration B uilding, 111 North Powell Pkwy, A nna, Texas. B O A R D ME MB E R S T he Board consists of seven members appointed by the C ity Council to serve for two-year staggered terms. C UR R E NT ME MB E R S O F T HE B O A R D A R E : Place I - Anthony Richardson (President) Place 2 - Rocio Gonzalez Place 3 - J ames Gurski (Secretary) Place 4 - B ruce Norwood Place 5 - S tan Carver Place 6 - Vacant Place 7 - J osh Vollmer (Vice P resident) T he terms for P laces 1, 3, 5 and 7 on the A nna E conomic Development Corporation B oard of Directors are expiring and P lace 6 is vacant. T he members of the I nterview C ommittee are nominating the following: Place 1 - Anthony Richardson Place 3 – Doris P ierce Place 5 - S tan Carver Place 6 – Raul Hernandez – ½ Term Place 7 – Michelle Hawkins S TAF F RE C O M M E ND AT I O N: Approve nominations. AT TAC HM E NT S : Description Upload Date Type Item No. 8. City Council Agenda Staff Report Meeting Date: 6/25/2019 AG E ND A IT E M : Consider/Discuss/Act on A ppointment of C D C Members (I nterview Committee) S UM M ARY: C O MMUNI T Y D E V E L O P ME NT C O R P O R AT I O N R E S P O NS I B I L I T I E S T he Community Development Corporation is a seven member Board whose responsibilities include: identifying and funding community f acilities and related projects to maintain and enhance the quality of life in A nna; and working with the E conomic Development C orporation on efforts to expand the city's business tax base and promote job growth within the community. ME E T I NG S Unless otherwise posted, the Board meets at 6:30 p.m. on the first T hursday of each month at the City Hall Administration B uilding, 111 North Powell Pkwy, A nna, Texas. B O A R D ME MB E R S T he Board consists of seven members appointed by the C ity Council to serve for two-year staggered terms. C UR R E NT ME MB E R S O F T HE B O A R D A R E : Place I - Anthony Richardson (President) Place 2 - Rocio Gonzalez Place 3 - J ames Gurski (Secretary) Place 4 - B ruce Norwood Place 5 - S tan Carver Place 6 - Vacant Place 7 - J osh Vollmer (Vice P resident) T he terms f or P laces 1, 3, 5 and 7 on the A nna C ommunity D evelopment B oard of Directors are expiring and Place 6 is vacant. T he members of the I nterview C ommittee are nominating the following: Place 1 - Anthony Richardson Place 3 – Doris P ierce Place 5 - S tan Carver Place 6 – Raul Hernandez – ½ Term Place 7 – Michelle Hawkins S TAF F RE C O M M E ND AT I O N: Approve nominations. AT TAC HM E NT S : Description Upload Date Type Item No. 9. City Council Agenda Staff Report Meeting Date: 6/25/2019 AG E ND A IT E M : Consider/Discuss/Act on A ppointment of Planning and Z oning Commission Members (I nterview Committee) S UM M ARY: P L A NNI NG A ND Z O NI NG C O MMI S S I O N R E S P O NS I B I L I T I E S T he Planning and Z oning Commission is a seven member B oard that reviews and considers submitted site plans and plats, makes recommendations to the City C ouncil on Z oning Ordinance amendments, Comprehensive Plan amendments, S pecific Use permits and re-zoning requests. ME E T I NG S Unless otherwise posted, the B oard meets at 7 p.m. on the f irst Monday of each month at the City Hall Administration B uilding, 111 North Powell Pkwy, A nna, Texas. B O A R D ME MB E R S T he Board consists of seven members appointed by the C ity Council to serve for two-year staggered terms. C UR R E NT ME MB E R S O F T HE B O A R D A R E : Place 1 - S andy Setliff Place 2 - Don Callaham Place 3 - Wayne B arton Place 4 - Donald Henke Place 5 - J anine J ohnson Place 6 - L eslie Voss Place 7 - Danny Ussery T he terms for P laces 1, 3, 5 and 7 on the Planning and Z oning Commission are expiring. The members of the I nterview Committee are nominating the following: Place 1 – David Moody Place 3 - Wayne B arton Place 5 – A lonzo Tutson Place 7 - Danny Ussery S TAF F RE C O M M E ND AT I O N: Approve nominations. AT TAC HM E NT S : Description Upload Date Type Item No. 10. City Council Agenda Staff Report Meeting Date: 6/25/2019 AG E ND A IT E M : Consider/Discuss/Act on A ppointment of Parks A dvisory Board Members (I nterview Committee) S UM M ARY: PA R K S A D V I S O RY B O A R D R E S P O NS I B I L I T I E S T he P arks A dvisory B oard is a seven member Board that advises the City C ouncil on park related matters. ME E T I NG S Unless otherwise posted, the B oard meets at 7 p.m. on the third Monday of each month at the City Hall Administration B uilding, 111 North Powell Pkwy, A nna, Texas. B O A R D ME MB E R S T he Board consists of f ive members appointed by the City Council to serve for two-year staggered terms. C UR R E NT ME MB E R S O F T HE B O A R D A R E : Place 1 - Danna Ward Place 2 - Aubrey J ohnson Place 3 - J udith Waldrop Place 4 - Vacant Place 5 - Vacant Place 6 - E irik Hansen Place 7 - Andrew Michrina T he terms for Places 1, 3, 5 and 7 on the P arks Advisory B oard are expiring and Place 4 is vacant. The members of the I nterview Committee are nominating the following: Place 1 Danna Ward Place 3 Eldon B aker Place 4 J oe Crowder – ½ Term Place 5 J on Hendricks Place 7 A ndy Michrina S TAF F RE C O M M E ND AT I O N: Approve nominations. AT TAC HM E NT S : Description Upload Date Type Item No. 11. City Council Agenda Staff Report Meeting Date: 6/25/2019 AG E ND A IT E M : Consider/Discuss/Act on A ppointment of the B oard of A djustments Members (I nterview Committee) S UM M ARY: B O A R D O F A D J US T ME NT R E S P O NS I B I L I T I E S T he B oard of A djustment hears and determines appeals of administrative decisions, petitions for variances in the case of peculiar and unusual circumstances which would prevent the reasonable use of land and such other matters as may be required by the City Council or law. ME E T I NG S T he B O A meets as needed to hear an appeal request. T he meetings of the B O A are generally held at the City Hall Administration B uilding, 111 North Powell Pkwy, A nna, Texas. B O A R D ME MB E R S T he Board consists of f ive members appointed by the City Council to serve for two-year staggered terms. C UR R E NT ME MB E R S O F T HE B O A R D A R E Place 1 - J on Hendricks - Chairman Place 2 - K elly Patterson Place 3 - J ames Gurski Place 4 - B rent T homas Place 5 - L aS harder J avis-Wells A LT E R NAT E S Place 1A - L eroy T hompson Place 2A - David Briggs T he terms for Places 1, 3, 5 and A lternate 1 on the B oard of A djustment are expiring. The members of the I nterview Committee are nominating the following: Place 1 - J on Hendricks Place 3 – Nick Rubits Place 5 – Tony Bellefond Alternate 1 – S andy Setliff S TAF F RE C O M M E ND AT I O N: Approve nominations. AT TAC HM E NT S : Description Upload Date Type Item No. 12. City Council Agenda Staff Report Meeting Date: 6/25/2019 AG E ND A IT E M : Discuss/Consider/Action on an Ordinance establishing criteria for approval of community sponsored, non-profit park and recreation functions. S UM M ARY: T his ordinance is for when community organizations that are not affiliated with the city request use of city facilities and/or services for reduced rates or free of charge. City Council approval is required for any functions of community organizations that will require the expenditure of public funds. T he City Manager may approve reduced rates and free use of facilities f or the following organizations: A nna I S D, A nna P TA , Greater Anna Chamber of Commerce, Anna E D C and C D C, Anna F ire and P olice A ssociations, Anna A rea Historical P reservation Society, A nna Rotary, Anna B oy Scouts and Anna Girl Scouts. T he P arks B oard may approve reduced rates and f ree use of facilities f or any other community organizations. S TAF F RE C O M M E ND AT I O N: Approve the ordinance on community parks and recreation functions. AT TAC HM E NT S : Description Upload Date Type Community P arks and Recreation Functions Ordinance 6/20/2019 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 II ( GENERAL ORDINANCES), ARTICLE 47 (CITY PARKS, RECREATION AND SPECIAL EVENTS) AND ADDING SECTION 5, (NON-CITY, COMMUNITY PARKS AND RECREATION FUNCTIONS); 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 City Council ("City Council") has previously adopted standards, requirements, and procedures for and otherwise governing Parks, Recreation and Special Events; and WHEREAS, the City Council has investigated and determined that it would be beneficial and advantageous to add regulations governing non-city, community parks and recreation facilities and functions; 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. Part II, Article 47 of the City of Anna, Code of Ordinances is hereby amended by adding Section 5 to read as follows: Section 5. Non-city, community parks and recreation functions. (a) Approved non-city, community parks and recreation functions, activities or services shall be required to pay fees or enter into a facility use agreement with the City to provide for recovery of all direct and indirect City expenses associated with providing the program or service as determined by the Department, utilizing normal and customary methods. (b) Criteria for approving non-city, community parks and recreation functions are as follows: 1) The function, activity, or service shall not conflict with city sponsored programs; 2) The function, activity, or service shall not restrict the public use of city owned or leased facilities for unreasonable periods of time; 3) The function, activity, or service should provide a positive public service and legitimate benefit to the community; 4) The function, activity, or service may not have any expressed or implied endorsement of commercial products, services or activities; 5) Sponsors of commercial functions, activities, or services may be charged a percentage of gross revenues and/or rents as deemed appropriate by the City Manager or their designee. (b) The Department will not supplement non-city, community functions, activities, or services with public funds without City Council approval. (c) Special considerations in the form of reduced rates or free use of facilities may be given to non-city, community sponsored non-profit groups and organizations including but not limited to: (1) Anna Independent School District; (2) Anna Parent Teacher Associations; (3) Greater Anna Chamber of Commerce; (4) Anna Community Development Corporation; (5) Anna Economic Development Corporation; (6) Anna Fire and Police Associations; (7) Anna Area Historical Preservation Society; (8) Anna Area Rotary International; (9) Anna Boy Scouts of America; (10) Anna Girl Scouts of the USA; (11) Other community sponsored non-profit groups as approved by the Parks Board. (d) Non-city, community functions associated with the non-profit organizations listed above may be approved by the City Manager or their designee. Other non-city, community functions must be approved by the Parks Board. (e) All non-city, community sponsored non-profit organizations that receive reduced rates or free use of facilities must provide a statement to the City Manager or their designee detailing the positive public service and legitimate public benefit provided to the community. This statement must be signed by the City Manager or their designee prior to use of city facilities. Section 3. Amendment of Ordinances. Part II, Article 47 of the City of Anna, Code of Ordinances is hereby amended as provided in this Ordinance and all Ordinances or parts thereof governing non-city, community parks and recreation functions. All ordinances of the City in conflict or are inconsistent with the provisions of this Ordinance as adopted and amended herein, are hereby amended to the extent of such conflict. In the event of a conflict or inconsistency between this Ordinance and any other code or ordinance of the City, the terms and provisions of this Ordinance shall govern. Section 4. Effective Date. This Ordinance shall be in force and effect from and after its passage on the date shown below. PASSED AND APPROVED on this the 25th day of June 2019. APPROVE: ATTEST: ______________________ _________________________ Mayor Nate Pike City Secretary, Carrie Smith