Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2019-10-15 Work Session & Regular Meeting Packet
THE CITY OF Anna AGENDA City Council Work Session Tuesday, October 15, 2019 @ 6:00 P M Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 The City Council of the City of Anna will meet in Work Session at 6:00 PM, on October 15, 2019, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum 2. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). Public information, electronic communications, and social media. b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); city facilities; acquisition of easements c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); possible incentive agreements with property developers; pending negotiations on development agreements. d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Manager and City Secretary Annual Review The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 3. Consider/Discuss/Action on any items listed on any agenda —work session, regular meeting, or closed session —that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. (If there is no need to address any other such agenda item, the Mayor shall adjourn this meeting). 4. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. This is to certify that I, Carrie L. Smith, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. on October 7, 2019. Carrie L. Smith, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. AGENDA THE CITY OF Regular City Council Meeting Anna Tuesday, October 15, 2019 @ 7:00 P M Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 The City Council of the City of Anna will meet in Regular Session at 7:00 PM, on October 15, 2019, at the Anna City Hall, Located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order, Roll Call and Establishment of Quorum. 2. Invocation and Pledge of Allegiance. 3. Citizen Comments. Citizens are allowed three minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment), a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the goveming body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. a. Proclamation proclaiming November as American Diabetes Awareness Month (City Secretary Carrie Smith) b. Introduction of Director of Development Services, Ross Altobelli and Building Official, Joel Huff. C. Update on SAFR Grant. (Fire Chief Ray Isom) 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 Minutes for September 24, 2019. (City Secretary Carrie Smith) b. Review minutes of the August 5, 2019 Planning and Zoning meeting. (Managing Director of Community Services Ashley Stathatos) c. Review CDC Minutes from the August 1, 2019 Meeting (Economic Development Director Joey Grisham) d. Review EDC Minutes from the August 1, 2019 Meeting (Economic Development Director Joey Grisham) e. Review CDC Minutes from the September 9, 2019 Special Called Meeting (Economic Development Director Joey Grisham) f. Review EDC Minutes from the September 9, 2019 Special Called Meeting (Economic Development Director Joey Grisham) g. Approve a Resolution amending the Bylaws of the Anna Economic Development Corporation (Economic Development Director Joey Grisham) h. Approve a Resolution amending the Bylaws of the Anna Community Development Corporation (Economic Development Director Joey Grisham) Approve a Resolution approving the Anna 455 Addition Block A, Lot 3 Final Plat. (Managing Director of Community Services Ashley Stathatos) Approve a Resolution approving the Anna Crossing Phase 2 Amending Plat of Block K, Lot 1. (Managing Director of Community Services Ashley Stathatos) k. Approve a Resolution approving the Oak Briar Addition Final Plat. (Managing Director of Community Services Ashley Stathatos) Approve a Resolution approving the Vince Hagan Batch Plant Development Plat. (Managing Director of Community Services Ashley Stathatos) m. Approve a Resolution approving a site and landscape plan for the Anna Day Care located at 1229 W White St. (Managing Director of Community Services Ashley Stathatos) n. Approve a Resolution approving and authorizing a Subdivision Improvement Agreement (Escrow Agreement) by and between the City of Anna, Texas, and Pecan Grove Phase I I Ltd. (Director of Public Works Greg Peters) 6. Consider/Discuss/Action on an Ordinance amending the FY 2020 Budget. (Economic Development Director Joey Grisham) 7. Consider/Discuss/Action on a Resolution approving a Subdivision Improvement Agreement for Green Meadows Subdivision by and between the City of Anna, Texas and Lackland Calmont, Ltd. (Director of Public Works Greg Peters) 8. Consider/Discuss/Action on a Resolution approving an Impact Fee Reimbursement Agreement by and between the City of Anna, Texas, and Pecan Grove Phase III, Ltd. for the construction of public water system improvements. (Director of Public Works Greg Peters) 9. Consider/Discuss/Action on a Resolution amending and restating an existing agreement related to West Foster Crossing Road. (Director of Public Works Greg Peters) 10. Consider/Discuss/Action on a Resolution authorizing the City Manager to implement the Employee Compensation Plan, providing for a Step Plan for Police employees, a Step Plan for Fire employees, and an open range plan for all general employees and management employees. (H.R. Manager Stephanie Beitelschies) 11. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). Public information, electronic communications, and social media. b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); city facilities; acquisition of easements c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); possible incentive agreements with property developers; pending negotiations on development agreements. d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Manager and City Secretary Annual Review The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 12. Consider/Discuss/Action on any items listed on any agenda —work session, regular meeting, or closed session —that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. (If there is no need to address any other such agenda item, the Mayor shall adjourn this meeting). 13. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. This is to certify that I, Carrie L. Smith, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. on October 7, 2019 Carrie L. Smith, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. THE CITY OF Anna AGENDA ITEM: City Council Agenda Staff Report Meeting Date: 10/15/2019 Proclamation proclaiming November as American Diabetes Awareness Month (City Secretary Carrie Smith) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type Proclamation 9/30/2019 Presentation Citp of Anna, Texas Proclamation AMERICAN DIABETES AWARENESS MONTH November 2019 WHEREAS, the American Diabetes Association (ADA) was founded in 1940 to prevent and cure diabetes and improve the lives of all people affected by diabetes; and WHEREAS, in the United States, over 29 million people — including over 700,000 in North Texas — have diabetes, a serious disease with potentially life -threatening complications such as heart disease, stroke, blindness, kidney disease and amputation; and WHEREAS, an additional 86 million people in the United States are at risk for developing Type 2 diabetes and recent estimates project that as many as one in three children born today will have diabetes by the time they are 50 years old if current trends continue; and WHEREAS, the ADA has been funding innovative research since 1955 and has committed more than $37 million to research projects at leading research institutions throughout the country; and WHEREAS, the ADA fights on behalf of the diabetes community to increase federal funding for diabetes research and programs, to improve comprehensive health care and insurance coverage and to end discrimination against people with diabetes; and WHEREAS, an increase in community awareness is necessary to put a stop to the diabetes epidemic. NOW, THEREFORE, I, Nate Pike, Mayor of the City of Anna, do hereby proclaim the month of November 2019, as: American Diabetes Awareness Month in the City of Anna, and encourage all citizens to recognize American Diabetes Month and join the American Diabetes Association's Stop Diabetes® movement to confront, fight and most importantly, change the future of this deadly disease. c7n mtness wham(67 have hereunto set mp hand thu ISth dap f October, 2019 and celled this furl to be of ved Nate Pike, Mayor THE CITY OF Anna AGENDA ITEM: Item No. 5.a. City Council Agenda Staff Report Meeting Date: 10/15/2019 Approve Council Minutes for September 24, 2019. (City Secretary Carrie Smith) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Work Session Regular Session Upload Date Type 9/30/2019 Exhibit 9/30/2019 Exhibit ANNA CITY COUNCI L MINUTES WORK SESSION September 24, 2019 The City Council of the City of Anna met in Work Session on the above date at Anna City Hall, located at 111 North Powell Parkway (Hwy 5), to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum Mayor Pike called the meeting to order at 6:30 p.m. Council Members Toten and Reeves were absent. 2. Discussion of Council meeting schedule for remainder of 2019. (City Manager Jim Proce) Council discussed meeting dates for the remainder of the calendar year. The regular October 8, 2019 meeting was canceled. A called meeting will be held October 15, 2019 and a regular meeting will be held October 22, 2019 if needed. In November and December Council will only meet the second Tuesday of the month. 3. Discuss/Consider/Action on appointing boards and commissions Council Member liaisons. (City Manager Jim Proce) Council Member Bryan stepped down as Planning and Zoning Liaison. Mayor Pike will be the Planning and Zoning liaison with Council Member Vollmer as the alternate. Council Member Beazley will serve as the alternate liaison for the Economic Development and Community Development Corporations. 4. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). Public information, electronic communications, and social media. b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); city facilities; acquisition of easements c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); possible incentive agreements with property developers; pending negotiations on development agreements. d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Manager and City Secretary Annual Review MOTION: Council Member Miller moved to go into closed session. Council Member Bryan seconded. Motion carried 5-0. Mayor Pike recessed the meeting at 6:43 p.m. Mayor Pike reconvened the meeting at 7:34 p.m. The Council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 5. Consider/Discuss/Action on any items listed on any agenda —work session, regular meeting, or closed session —that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. None. 6. Adjourn. There being no further business before the Council, we will consider this meeting adjourned at p.m. Mayor Pike adjourned the meeting at 7:34 p.m. Approved on the October 15, 2019. Mayor Nate Pike City Secretary Carrie L. Smith ANNA CITY COUNCI L MINUTES REGULAR SESSION September 24, 2019 1. Call to Order/Roll Call and Establishment of Quorum Mayor Pike called the meeting to order at 7:34 p.m. Council Members Toten and Reeves were absent. 2. Invocation and Pledge of Allegiance. Mayor Pike led the invocation and pledge. 3. Citizen Comments. Citizens are allowed three minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. Andy Michrina spoke regarding the parks. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. a. Proclamation Identifying October 2019 in Anna, Texas as Breast Cancer Awareness Month (Chief Caponera). Mayor Pike presented a Proclamation to Police Chief Caponera. 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. Agenda Items b and d were removed from consent agenda. a. Approve Council Meeting minutes for September 3rd, September 10th and September 17th. (City Secretary Carrie Smith) b. Approve a Resolution Authorizing the City Manager to Renew the Dispatch Services Agreement with Collin County (Police Chief Jeff Caponera). Collin County has provided dispatch services for Anna PD and Anna FD since 2005. Each year the Agreement must be renewed. Beginning in FY 19, Collin County determined a new formula for the handling of dispatch service fees for each agency under the Agreement. Anna will see an incremental increase in fees over the next five years to account for enhancements to the dispatch radio system. This new formula is based on on a number of variables, including number of calls for service, number of radios on the system as of March 1 of each year, and connection fees associated with the Plano, Allen, Wylie and Murphy (PAWM) radio gateway. The dispatch service charges for FY2020 in the amount of $93,370.65 shall be paid by the City in three quarterly installments of $23,342.66 and one quarterly installment of $23,342.67 during the term hereof. The fees will be based on the fee schedule formulas adopted by Commissioners' Court on August 6, 2018 (Court Order No. 2018-628-08-06). In addition to the fee schedule, each radio registered on the system will be assessed an annual connection fee by Plano, Allen, Wylie, Murphy (PAWM) operators for access to their system. In FY2020, the fee will be $108 per radio and may be updated annually by PAWM. Anna PD currently has 26 radios on the PAWM system. Total cost for the connection fees to PAW M is $2,808. Total for FY20 is $96,178.65 These fees are budgeted annually. For FY 20, the budget for this service is $101,420. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE RENEWAL OF THE INTERLOCAL DISPATCH SERVICES AGREEMENT WITH COLLIN COUNTY, TEXAS MOTION: Mayor Plke moved to approve. Council Member Beazley seconded. Motion carried 5-0. c. Approve a Resolution Authorizing the City Manager to Renew the Animal Control Services Agreement with Collin County (Police Chief Jeff Caponera). I n 2007, the City of Anna contracted with Collin County to provide animal control services within the City. The Scope of Service for Animal Control Services is as follows: Normal Operating days/hours - 8am-5pm M-F. o 3 Animal Control Officers - 6,240 hours per year less vacation, holiday, sick and administrative leave o 1 Animal Control Supervisor - 2,080 hours per year less vacation, holiday, sick or administrative leave 24 hour/7 day on -call services for emergencies. The following situations will be considered emergencies: o Any/all Fire and Police/Sheriff calls for assistance o Provide support to police/Sheriff personnel when called for assistance in cases that may include strays. This includes all aspects from capture and impoundment to final disposition. o Personnel responding to stray calls shall be trained and equipped to handle euthanasia. o Gravely injured animal. o Vicious/dangerous animal. o Animal attack/bite against a human. o Livestock loose /Stray. o Suspicion of rabid animal. Response times: 45-minute response time to calls (measured from time of call to arrival on scene) - in general. Circumstances may arise to delay response time (i.e., inclement weather, prior calls, heavy call volume, travel to remote locations, etc.). If 45-minute response time cannot be met, the responding officer shall provide a reasonable estimated time of arrival. Maximum response time of 2 hours. Shall comply with the regulations contained in the most recently adopted Collin County Rabies/Animal Control Regulations Court Order (currently 96- 117-02-26), most recently adopted Additional Provisions to the Rabies/Animal Control Regulations (currently 97- 544-08-11), and the most recently adopted Prohibition of Possessing Wild Animals in Unincorporated Areas Court Order (currently 97-641-09-22 attachment A); and Vernon' s Texas Annotated Codes, Volume 2 Agricultural Code, Chapter 142 Estray Statutes. Compliance shall include but not be limited to the regulations/codes listed. Enforce the most recently adopted Collin County Animal Control Regulations (currently96-117-02-26, 97-544-08-11 and 97-641-09-22). Enforce Vernon' s Texas Annotated Codes, Volume 2 Agricultural Code, Chapter 142 Estray Statutes and definitions included in the Parks and Wildlife Code, Chapter 71.001. This shall include animals in the above statutes plus skunks, raccoons and snakes. Investigate and respond to all complaints. Enforce all applicable regulations through issuance of citations or filing of civil and/or criminal charges. Appear in Court as State's witness in all cases filed. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING EXTENSION OF THE AGREEMENTS WITH COLLIN COUNTY FOR ANIMAL CONTROL SERVICES. d. Approve a Resolution Authorizing the City Manager to Sign the Amended Animal Shelter Services Agreement with Collin County (Chief Caponera). The City of Anna along with the Cities of Celina, Fairview, Farmersville, Frisco, Lowry Crossing, McKinney, Melissa, Princeton, and Prosper (the Parties) entered into an I nterlocal Agreement for the Facility Construction and Use of an animal shelter on September 26, 2006. This agreement outlined the joint funding and use of the Collin County Animal Shelter (CCAS). The agreement had an initial term of 10 years with year to year automatic renewals after ten years. Among the terms of the agreement, an Operating Committee was established to coordinate with Collin County Animal Services (CCAS) staff to review the budget and provide oversight of the facility. The Operating Committee consists of the City of Frisco, McKinney, and a rotating member, currently the City of Celina. Frisco, McKinney, Celina, and Collin County worked together to amend and extend the I nterlocal Agreement. The proposed amendment extends the term through 2023 and creates an automatic renewal term of five years, upon the same terms and conditions contained in this Agreement or as modified by subsequent agreements between the Parties, and shall automatically renew and continue for additional Renewal Terms until such time as the Parties explicitly determine not to renew this Agreement. A Party may decline to automatically renew this Agreement at any time during or after the I nitial Term, provided that such Party notifies all other Parties in writing of its intent to decline automatic renewal three hundred sixty-five (365) days prior to the automatic renewal date. This language ultimately gives the City flexibility to determine if and when a different animal sheltering facility option is preferred. The proposed amendment also changes the definition of Operating Committee Authority to: The Operating Committee shall be entitled to make nonbinding recommendations regarding: (a) ongoing operational issues, including scheduling, replacement of furniture and equipment, problems associated with breakage of personal property and fixtures, and related issues; and (b) the annual apportionment of Shelter Operating Expenses among the Parties and for making any adjustments that will result in a true apportionment of costs based on the actual benefit to and use by each Party of the Shelter. The allocation of the maintenance and operating (M&O) and the capital fund budget is based on the population of each Party. Historically, Anna's allocation has been approximately 2.5% of the total operating budget, with Frisco, McKinney and Collin County making up the vast majority of the remainder. Now, the M&O payments will be adjusted on an annual basis in accordance with the greater of (1) changes in the North Central Texas Council of Government population estimates or (2) the Animal Intake Rates by each Party, as applicable, and calculated on the actual Shelter Operating Expenses incurred in connection with the operation of the Shelter. Anna will continue to partner with Collin County Animal Services to reunite lost pets to homeowners before transporting to CCAS. Regarding the capital improvement fund, $60,000 has been allocated to each Party each year in order to fund a capital improvement fund. Language has been added clarifying that if the City terminates the agreement, any of the capital improvement fund money it has paid will be reimbursed. Anna's Fiscal Year 20 capital improvement contribution is $1,481. MOTION: Council Member Miller moved to approve. Council Member Vollmer seconded. Motion carried 5-0. e. Approve Resolution Approving a Special Event Permit to the Greater Anna Chamber of Commerce for Anna Harvest Fest at Slayter Creek Park. The Anna Harvest Fest is a community festival that is complimentary to all guests. Fun filled activities include Kid's Fun Zone, bounce houses, trick -or - treating, market fair, live music and more. This year's festival will be held on Saturday, October 26th at Slayter Creek Park from 12 pm to 6 pm. RESOLUTION REGARDING THE APPROVAL OF A SPECIAL EVENT PERMIT TO GREATER ANNA CHAMBER OF COMMERCE FOR ANNA HARVEST FEST AND SLAYTER CREEK PARK. f. Approve Resolution granting approval of a special event permit to Greater Anna Chamber of Commerce for Anna Christmas Parade. The Greater Anna Chamber of Commerce will be hosting Anna's Christmas Parade this year on Saturday, December 14th from 11:00 am to 2:00 pm. The theme is Winter Wonderland. The parade kicks off at 11:00 am with a live band and music on stage on 4th Street followed by a parade at 12:00 pm consisting of marching bands, floats, horses and neighbors. From 1.00 pm to 2:00 pm Santa Land will open at Crow's Country Cafe patio for pictures with Santa and tasty treats. RESOLUTION REGARDING THE APPROVAL OF A SPECIAL EVENT PERMIT TO GREATER ANNA CHAMBER OF COMMERCE FOR ANNA CHRISTMAS PARADE. g. Approve a Resolution approving the Avery Pointe Phase 3 Amending Plat. (Ashley Stathatos) The purpose of this amending plat is to change the building setback lines for lots 17-19 on Block L from 15 feet to 20 feet, lots 15-16 on Block O from 20 feet to 15 feet, and lot 16 on Block P from 20 feet to 15 feet. The building setback lines are being changed to reflect what was written in the planned development ordinance and shown incorrectly on the originally filed plat. The Subdivision Regulations require amending plats to be approved by the Planning & Zoning Commission and City Council. At their September meeting, the Planning & Zoning Commission recommended approval of the amending plat for Avery Pointe Phase 3. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN AMENDING FINAL PLAT OF AVERY POINTE PHASE 3. h. Approve a Resolution approving the Anna Municipal Complex Addition Preliminary Plat. (Ashley Stathatos) The Anna Municipal Complex Addition preliminary plat contains 8.241 acres located in the Henry Brantley Survey, Abstract No. 71. This tract is located between Highway 5 and Riggins St. and between Fifth St. and Seventh St. The preliminary plat is for one lot which will house the new City Hall building, Fire Station, and an additional future building. The tract of land is zoned as a Planned Development with a base zoning of CBRD. Please note, the property lines are how the property was originally platted into multiple parcels. On the final plat, the property lines will be cleaned -up, and the property will be one parcel. At their September meeting, the Planning & Zoning Commission recommended approval. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A PRELIMINARY PLAT OF ANNA MUNICIPAL COMPLEX ADDITION. Approve Acting City Manager Designation. (City Manager Jim Proce) MOTION: Council Member Beazley moved to approve consent items a, c, e - i Council Member Vollmer seconded. Motion carried 5-0. 6. Consider/Discuss/Action Regarding a Resolution Reviewing and Amending the City's Investment Policy (Finance Director Dana Thornhill) The Public Funds Investment Act (PFIA) states that the City Council should annually review its investment policy and investment strategies. Among other things, the Investment Policy stipulates the following primary investment objectives: 1. Preservation and safety of principal 2. Liquidity 3. Public Trust 4. Yield Due to the Investment Policy being reworked in its entirety in order to be more thorough, the Investment Policy approved on September 25, 2018, as well as the proposed Investment Policy are attached. A RESOLUTION REVIEWING AND AMENDING THE INVESTMENT POLICY OF THE CITY OF ANNA. 7. A) Conduct a public hearing to consider public comments regarding a request by the City of Anna to rezone property from C-1, Restricted Commercial District, to PD-CBRD, Planned Development -Central Business Redevelopment District. The property is located downtown, between Highway 5 and Riggins St, and between Fifth St and Seventh St. (Ashley Stathatos) B) Consider/Discuss/Action on a recommendation regarding the request to replace the existing zoning with a Planned Development with a base zoning of Central Business Redevelopment District for a Municipal Complex consisting of a new City Hall and Fire Station. (Ashley Stathatos) Mayor Pike opened the public hearing at 8:06 p.m. The City is building a new Municipal Complex in downtown Anna on 8.241 acres downtown east of SH 5 and north of 7th Street. The Municipal Complex includes a 24,600 SF City Hall and 15,500 SF Fire Station. The current zoning of the property is C-1, Restricted Commercial District. The proposed zoning is Planned Development with a base zoning of CBRD, Central Business Redevelopment District. This district is established to accommodate the historical center of the city and maintain the economic and historic integrity of the area. The Planned Development zoning proposes alternative development regulations for parking and landscaping due to the phasing of the project. These items are noted in the staff report and planned development ordinance. The Planning & Zoning Commission recommended approval of this item at their September Planning & Zoning Commission Meeting. Mayor Pike closed the public hearing at 8:09 p.m. Parking Approximately, 3 per 1,000 SF GFA parking stalls are required which comes to 74 required parking stalls for City Hall and 16 required parking stalls for the Fire Station. There are 45 parking stalls in front of City Hall and 6 parking stalls in front of the Fire Station allocated for phase 1 paving. Staff is proposing a reduction in the parking requirements in the PD zoning ordinance from 3 per 1,000 SF GFA to 1 per 1,000 SF GFA. The Council may reduce the total number of parking stalls in cases of joint parking between several persons in the same block or vicinity. In a case where any public parking facility, to be open to the use of the public free of charge is planned and where the council has reasonable assurance that such development will be carried to completion and will when completed relieve the parking demand in an area, the board may establish a reasonable time period within which any use or uses within such area shall provide required space for parking stalls. Council Member Beazley requested the requirements to build future parking in phases be added to the PD. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. MOTION: Council Member Miller moved to approve. Council Member Beazley seconded. Motion carried 5-0. 8. Consider/Discuss/Act on a Resolution approving a site and landscape plan for the Anna Municipal Complex Site located at Block A, Lot 1 of the Anna Municipal Complex Addition. (Ashley Stathatos) The City of Anna has submitted a site and landscape plan for the Anna Municipal Complex site located between Highway 5 and Riggins St. and between Fifth St. and Seventh St. (the future Block A, Lot 1 of the Anna Municipal Complex Addition). The site contains approximately 8.241 acres of land that are zoned in a Planned Development with a base zoning of CBRD. They are proposing the new 24,600 SF City Hall building, a 15,500 SF Fire Station, and another additional building at a future date. The site plan and landscape plan show a decrease in parking and landscape requirements due to the phasing of the project. Once all phases are complete, the city's parking and landscape requirements will be met. The Planning & Zoning Commission recommended approval of the site plan and landscape plan at their September Planning & Zoning Commission meeting. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE ANNA MUNICIPAL COMPLEX SITE PLAN AND LANDSCAPE PLAN. MOTION: Mayor Pike moved to approve. Council Member Beazley moved to approve subject to removing language regarding Randall Scott from site plan. Motion carried 5-0. 9. Approve Resolution regarding a Development Agreement to establish development and design regulations for multi -family development at 1220 S Powell Parkway, Kyle and Wendy Rollins Property. (Ashley Stathatos) Don Collins, developer, on behalf of Kyle and Wendy Rollins, property owners, have made a request to the City to rezone their property from AG to multi -family. A public hearing to consider the rezoning will take place in October. Should the rezoning be approved, the developer has agreed to development and design regulations contained in the Development Agreement. The Development Agreement contains provisions for the building materials of the main buildings, accessory structures and screening walls. It, also, includes regulations concerning building elevations and architectural design features. All other regulations will be written in a Planned Development Ordinance, if the rezoning request passes. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT AGREEMENT WITH DON COLLINS ("DEVELOPER"), KYLE ROLLINS AND WENDY ROLLINS (COLLECTIVELY, "OWNER") REGARDING DEVELOPMENT AND DESIGN REGULATIONS FOR MULTI- FAMILY DEVELOPMENT LOCATED AT 1220 S. POWELL PARKWAY. MOTION: Mayor Pike moved to approve contingent on all parties signing the agreement by October 1. Council Member Vollmer seconded. Motion carried 5-0. 10. CLOSED SESSION (EXCEPTIONS) Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). Public information, electronic communications, and social media. b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); city facilities; acquisition of easements C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); possible incentive agreements with property developers; pending negotiations on development agreements. d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); City Manager and City Secretary Annual Review MOTION: Council Member Beazley moved to enter closed session. Council Member Miller seconded. Motion carried 5-0. Mayor Pike recessed the meeting at 8:35 p.m. Mayor Pike reconvened the meeting at 9:18 p.m. 11. Consider/Discuss/Action on any items listed on the posted agenda or any closed session occurring during this meeting, as necessary None. 12. Adjourn. Mayor Pike adjourned the meeting at 9:18 p.m. Approved on the September 20, 2019. Mayor Nate Pike ATTEST: City Secretary Carrie L. Smith THE CITY OF Anna AGENDA ITEM: Item No. 5.b. City Council Agenda Staff Report Meeting Date: 10/15/2019 Review minutes of the August 5, 2019 Planning and Zoning meeting. (Managing Director of Community Services Ashley Stathatos) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type August P&Z Minutes 10/3/2019 Staff Report MINUTES PLANNING AND ZONING COMMISSION August 5, 2019 The Planning and Zoning Commission of the City of Anna held a meeting at 7:00 p.m. on August 5, 2019, at the Anna City Hall Administration Building located, 111 North Powell Parkway, to consider the following items. Call to Order and Establishment of Quorum The meeting was called to order at 7:00 pm. Members present were Daniel Moody, Don Callaham, Wayne Barton, Alonzo Tutson, Leslie Voss, and Danny Ussery. Donald Henke was absent. Staff present was Ashley Stathatos and Alexis Vanderslice. 2. Invocation and Pledge of Allegiance Mr. Barton gave the invocation and Mr. Tutson led the Pledge of Allegiance. 3. Consider/Discuss/Action on recommendation regarding the Jeffrey Jones Development Plat. Ms. Stathatos gave a brief presentation and answered questions from the Commission. The development plat is located within Anna's extra territorial jurisdiction and is specifically located at 2590 Brynlee James Ln, off of County Road 479. The tract is in the G. W. Daniels Survey, Abstract No. 289 and contains 17.911 acres of land. The owner is proposing to put a new home and shop on the property. A motion was made by Commissioner Ussery, seconded by Commissioner Voss to recommend approval of the development plat. The vote was unanimous. 4. Consider/Discuss/Action on recommendation regarding the Travis Development Plat. Ms. Stathatos gave a brief presentation and answered questions from the Commission. The development plat is located within Anna's extra territorial jurisdiction and is specifically located at 2508 Brynlee James Ln, off of County Road 479. The tract is in the G.W. Daniels Survey, Abstract No. 289 and contains 6.00 acres of land. The owner is proposing to put a new home on the property. A motion was made by Commissioner Callaham, seconded by Commissioner Moody to recommend approval of the development plat. The vote was unanimous. 5. Consider/Discuss/Action on recommendation regarding the Padilla Development Plat. Ms. Stathatos gave a brief presentation and answered questions from the Commission. The development plat is located within Anna's extra territorial jurisdiction and is located off of County Road 479. The tract is in the G.W. Daniels Survey, Abstract No. 289 and contains 5.00 acres of land. The owner is proposing to put a new home and garage on the property. A motion was made by Commissioner Voss, seconded by Commissioner Ussery to recommend approval of the development plat. The vote was unanimous. 6. Consider/Discuss/Action on recommendation regarding the K. Adams Addition Development Plat. Ms. Stathatos gave a brief presentation and answered questions from the Commission. The development plat is located within Anna's extra territorial jurisdiction and is located at the Southwest corner of County Road 429 and County Road 478. The tract is in the M.R. Roberts Survey, Abstract No. 742 and contains 8.211 acres of land. The owner is proposing to put four RV Storage buildings on the property. A motion was made by Commissioner Callaham, seconded by Commissioner Moody to recommend approval of the development plat. The vote was unanimous. P & Z Minutes 07-01-19 Page 1 of 2 07-01-19 Consider/Discuss/Action on recommendation regarding the Shadowbend Phase 1 and 2 Preliminary Plat. Ms. Stathatos gave a brief presentation and answered questions from the Commission. The preliminary plat contains 138.8 acres located in the J C Brantley Survey, Abstract No. 114. This tract is located on the Northeast corner of Rosamond Pkwy and Highway 5. The preliminary plat is for 465 residential lots, 23 open space lots, 1 future retail tract, and one future tract to be platted later. The tract of land is zoned as a mixed use Planned Development allowing for C-1 uses on the approved Retail and Commercial areas and Single -Family Residential Homes with minimum lot sizes of 6000 SF, 7200 SF, and 8400 SF. A motion was made by Commissioner Barton to recommend approval of the plat with the stipulation that two notes be added to the plat. Commissioner Barton stated that the applicant needed to specify that Phase 1 and 2 would have connectivity to the City of Anna Trail system and that the lot locations are approved subject to the final detention plans and would accommodate any changes per that detention. This motion was seconded by Commissioner Moody. The vote was unanimous. 8. Consider/Discuss/Action on recommendation regarding a site and landscape plan for Neighborhood Credit Union located at Block A, Lot 6 of the Wal-mart Anna Addition. Ms. Stathatos gave a brief presentation and answered questions from the Commission. The proposed site and landscape plan is located at Block A, Lot 6 of the Wal-mart Anna Addition. The site contains approximately 1.58 acres of land that are zoned PD for commercial uses. They are proposing a new 1,990 SF Credit Union. There was a lot of discussion regarding the location of the northern access drive and potential traffic concerns at the 3-way stop nearby. A motion was made by Commissioner Barton to table this item to allow for further discussion and consideration about the placement of the northern drive. The motion to table was seconded by Commissioner Voss. The vote to table this item was unanimous. 9. Consider action to approve minutes of the July 1, 2019 Planning and Zoning special meeting. A motion was made by Commissioner Ussery, seconded by Commissioner Moody to approve the July special meeting minutes. The vote was unanimous. 10. Consider action to approve minutes of the July 1, 2019 Planning and Zoning meeting. A motion was made by Commissioner Moody, seconded by Commissioner Voss to approve the July meeting minutes. The vote was unanimous. 11. Adjourn A motion was made by Commissioner Callaham, seconded by Commissioner Moody to adjourn the meeting. The vote was unanimous. The meeting adjourned at 7:47 pm. 4�gz ;'z' �'� Alonzo Iutson Planning and Zoning Commission Chairman P & Z Minutes 07-01-19 Page 2 of 2 07-01-19 THE CITY OF Anna AGENDA ITEM: Item No. 5.c. City Council Agenda Staff Report Meeting Date: 10/15/2019 Review CDC Minutes from the August 1, 2019 Meeting (Economic Development Director Joey Grisham) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type August 1, 2019 CDC Board Meeting Minutes 9/27/2019 Staff Report Officers: Staff: Anthony Richardson, President Joey Grisham, Director/CAO Stan Carver, Vice -President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary Ariria *,CDC Anna Community Development Corporation Meeting Minutes Thursday, August 1, 2019 at 6:30 pm Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 CDC Board Members Present: Anthony Richardson, Stan Carver, Bruce Norwood, Rocio Gonzalez, Raul Hernandez, Michelle Hawkins, Doris Pierce. Others present: Joey Grisham (CDC Director), Taylor Lough (Economic Development Manager) and Clark McCoy (CDCIEDC Legal Counsel) 1. Call to Order. Roll Call and Establishment of Quorum. The meeting was called to order by Anthony Richardson, Board President, at 6:31 pm. 2. Invocation and Pledge. Invocation and pledge of allegiance led by Anthony Richardson. 3. Citizen Comments. There were no citizen comments. 4. ConsiderlDiscusslAct on approving minutes from the July 11, 2019 Special CDC Meeting. Bruce Norwood made a motion to approve the minutes from the July 11, 2019 Special CDC Meeting. Michelle Hawkins seconded the motion. All were in favor. Motion passed. 5. Hear a presentation from Carey Cox Real Estate regarding the Anna Business Park. Bill Cox with Carey Cox Real Estate gave a presentation to discuss the Business Park and the marketing materials they have developed, including a brochure, website, and email campaigns. They are identifying most likely users for the site and will target their marketing to those users. Current target industries include high tech electronics, manufacturing, and data centers. The Board reviewed the proposed entry monument sign and landscaping, possible road and building layouts, and current utilities. Mr. Cox indicated that although an entry sign is helpful, it is not absolutely necessary to purchase one right now_ 6. Hold a public hearing and first reading of a Resolution approving the Fiscal Year 2019-2020 budget and authorizing publication of the adopted budget. Officers: Staff: Anthony Richardson, President Joey Grisham, Director/CAO Stan Carver, Vice -President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary Joey Grisham explained that projected revenues for FY 2020 increased, so changes from the last meeting include increases to the downtown grants, Downtown Master Plan, and the new Hurricane Creek membership. Raul Hernandez asked if staff had projected the projected return on investment from the marketing expenditures and Joey Grisham said it was something that would be included in KPIs in the Strategic Plan. Anthony Richardson read the resolution into the record. Anthony Richardson opened the public hearing at 7:27 p.m. There were no citizen comments. Anthony Richardson closed the public hearing at 7:27 p.m. 7. Second reading and Consider/Discuss/Act on a Resolution approving the Fiscal Year 2019-2020 budget and authorizing publication of the adopted budget. Anthony Richardson read the resolution into the record at 7:28 p.m. Anthony Richardson made a motion to approve the Fiscal Year 2019-2020 budget and authorizing notice of publication of projects. Stan Carver seconded the motion. All were in favor. Motion passed. 8. Consider/Discuss/Act on a Resolution authorizing payment for a trade show booth at the 2020 ICSC Red River Show. Joey Grisham explained this will be the first time Anna has a booth at this event. This is the largest retail show in Texas for retailers/restaurants, developers and brokers. Held in Fort Worth, January 8th through 10th, this funding will allow us to register for the show and have a booth. Current CDC bylaws require board approval for expenditures over $500. Stan Carver made a motion to approve the resolution authorizing payment for a trade show booth at the 2020 ICSC Red River Show. Rocio Gonzalez seconded the motion. All were in favor. The motion passed. 9. Director's Report a. Developer/Broker Day Staff is reviewing dates for an event to be held at Hurricane Creek to invite developers and brokers who are interested in learning more about Anna b. Ethics Training Clark McCoy will provide a presentation at an upcoming meeting_ Bruce Norwood suggested moving the September Special Called Meeting from Thursday, September 12th to Monday, September 9th at 6:00 p.m. at Inc -Cube. c. NTCAR Expo ---September 5 Staff recommends 2 or 3 board members attend. Bruce Norwood will be attending as a member. Raul Hernandez and Anthony Richardson would like to attend. d. Report on current corporate financial status —Discussion Only Officers: Staff: Anthony Richardson, President Joey Grisham, Director/CAO Stan Carver, Vice -President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary Sales tax is trending upward with new retail/restaurants such as Chick-fil-A and Starbucks coming online soon. e. Marketing Materials Key items will be ready by the NTCAR Expo: business cards, brochures, website, swag, etc. A lot of progress has been made since this started in the spring. The booth rendering will be ready to share this week. f. Chamber of Commerce Agreement There will be a few amendments to the deliverables this year, including the payment schedule. Current payments are made to the Chamber around the time of the specified event, yet higher payments spaced out throughout the year would be more helpful in developing events. A draft agreement will be presented to the board in September or October. g. Downtown Master Plan Staff explained they were reviewing recently completed downtown plans in other cities as well as discussing planning efforts with potential consultants/vendors- Staff is preparing a request of qualifications. Bylaws require board approval of bidding processes. Anthony Richardson made a motion to approve the bidding process for a downtown master plan. Bruce Norwood seconded the motion. All were in favor. The motion passed. h. Bylaws Committee Mondays were decided as the preferred day. Mornings at 8:00 a.m. was discussed as the preferred time. The number of meetings will be decided by the committee. 10. CLOSED SESSION (exceptions): Rocio Gonzalez made a motion at 8:04 pm to enter closed session. Anthony Richardson seconded the motion. All were in favor. Motion passed. A_ Deliberate regarding the purchase, exchange, lease or value of real property. (Tex. Gov't Cade §551.072) possible property acquisition; possible land sale/purchase; B. Consult with legal counsel on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); Discuss contract concerning Revolving Loan Fund; promotional contract. C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City Officers: Staff: Anthony Richardson, President Joey Grisham, Director/CAO Stan Carver, Vice -President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary of Anna and with which the Board is conducting economic development negotiations; or, (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087) Anna Business Park Property; potential retail and medical projects. 11. Reconvene into open session and take any action on closed session items. Stan Carver made a motion to reconvene into open session at 9:12 pm. Rocio Gonzalez seconded the motion. All were in favor. Motion passed. No action was taken. 12. Receive reports from staff or Board Members about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment), a reminder about an upcoming event organized or sponsored by the governing body, information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 13. Adjourn. Rocio Gonzalez made a motion to adjourn the meeting at 9:13 pm. Bruce Norwood seconded the motion. All were in favor. Motion passed. Anthony Richardson ATTESTED: Rocio Gonzalez President of CDC Secretary of CDC THE CITY OF Anna AGENDA ITEM: Item No. 5.d. City Council Agenda Staff Report Meeting Date: 10/15/2019 Review EDC Minutes from the August 1, 2019 Meeting (Economic Development Director Joey Grisham) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type August 1, 2019 EDC Board Meeting Minutes 9/27/2019 Staff Report Officers: Anthony Richardson, President Staff: Joey Grisham, Director/CAO Stan Carver, Vice -President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary Ariria *EDC Anna Economic Development Corporation Meeting Minutes Thursday, August 1, 2019 at 6:30 pm Anna City Hall, Council Chambers 111 N. Powell Parkway, Anna, Texas 75409 EDC Board Members Present: Anthony Richardson, Stan Carver, Bruce Norwood, Rocio Gonzalez, Raul Hernandez, Michelle Hawkins, Doris Pierce. Others present: Joey Grisham (CDC Director), Taylor Lough (Economic Development Manager) and Clark McCoy (CDC/EDC Legal Counsel) 1. Call to Order. Roll Call and Establishment of Quorum. The meeting was called to order by Anthony Richardson, Board President, at 9:21 pm. 2. Citizen Comments. There were no citizen comments. 3_ Consider/Discuss/Act on approving minutes from the July 11, 2019 Special EDC Meeting. Rocio Gonzalez made a motion to approve the minutes from the July 11, 2019 Special EDC Meeting. Bruce Norwood seconded the motion. All were in favor. Motion passed. 4. Cons iderlDiscusslAct on a Resolution approving the Fiscal Year 2019-2020 budget. Joey Grisham reviewed projected revenues and expenditures. Bruce Norwood made a motion to approve the Resolution approving the Fiscal Year 2019-2020 Budget. Doris Pierce seconded the motion. All were in favor. Motion passed. 5. Consider/Discuss/Act on a Resolution entering into a Professional Services Agreement for an Economic Development Strategic Plan. Joey Grisham explained that economic development is at the heart of the city's strategic plan and one item is to create a specific economic development strategic plan. A work plan is required by the board bylaws. Staff recommends Jason Claunch with Catalyst Commercial facilitate the creation of such a plan. Michelle Hawkins made a motion to approve the Resolution to enter into a Professional Services Agreement for an Economic Development Strategic Plan with an addition for the Officers: Anthony Richardson, President Staff: Joey Grisham, Director/CAO Stan Carver, Vice -President Taylor Laugh, Economic Development Manager Rocio Gonzalez, Secretary amount not to exceed $20,000. Doris Pierce seconded the motion. All were in favor. Motion passed. 6. CLOSED SESSION (exceptions). A. Deliberate regarding the purchase, exchange, lease or value of real property. (Tex. Gov't Code §651.072) possible property acquisition, possible land sale/purchase; B, Consult with legal counsel on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071) C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087) The Board did not enter into closed session. 7. Reconvene into open session and take any action on closed session items. No action was taken. 8. Receive reports from staff or Board Members about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the goveming body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 9. Adjourn. Stan Carver made a motion to adjourn the meeting at 10:22 pm. Rocio Gonzalez seconded the motion. All were in favor. Motion passed. Officers: Anthony Richardson, President Stan Carver, Vice -President Rocio Gonzalez, Secretary APPROVED: Anthony Richardson President of EDC Staff: Joey Grisham, Director/CAO Taylor Lough, Economic Development Manager ATTESTED: Rocio Gonzalez Secretary of EDC THE CITY OF Anna AGENDA ITEM: Item No. 5.e. City Council Agenda Staff Report Meeting Date: 10/15/2019 Review CDC Minutes from the September 9, 2019 Special Called Meeting (Economic Development Director Joey Grisham) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description Upload Date Type CDC September 9, 2019 Special Called Meeting 10/3/2019 Staff Report Minutes Officers: Staff: Anthony Richardson, President Joey Grisham, Director/CAO Stan Carver, Vice -President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary marina *CDC Anna Community Development Corporation Special Meeting Minutes Monday, September 9, 2019 at 6:00 pm Inc -Cube Building, Conference Room 312 N. Powell Parkway, Anna, Texas 75409 CDC Board Members Present: Anthony Richardson, Stan Carver, Bruce Norwood, Rocio Gonzalez, Raul Hernandez, Michelle Hawkins, Doris Pierce. Others present: Joey Grisham (CDC Director), Taylor Lough (Economic Development Manager) and Clark McCoy (CDCIEDC Legal Counsel) 1 _ Call to Order. Roll Call and Establishment of Quorum. The meeting was called to order by Anthony Richardson, Board President, at 6:00 p.m. 2. Invocation and Pledge. Invocation and pledge of allegiance led by Anthony Richardson. 3. Citizen Comments. There were no citizen comments. 4. Consider/Discuss/Act on approving minutes from the August 1, 2019 CDC Meeting. Bruce Norwood made a motion to approve the minutes from the August 1, 2019 CDC Meeting. Anthony Richardson seconded the motion. All were in favor. Motion passed. 5. Hear presentation from City Attorney regarding the City of Anna Ethics Policy and Best Practices. Clark McCoy provided a presentation highlighting sections of the City of Anna Code of Ethics (Ordinance 777-2018), the City of Anna Home -Rule Charter, and the Local Government Code of Texas State Law_ He explained that the City's Ethics Code applies to members of a board_ He provided several available resources, including staff who can answer any questions. 6. Consider/Discuss/Act on a Resolution approving the First Amended & Restated Loan Agreement and Promissory Note with Simply Floor It, LLC. Joey Grisham stated that Ms. Andrea Henry from Simply Floor It, LLC entered in a $50,000 Loan Agreement with the CDC in September 2016 with funds from a grant from the United States Department of Agriculture (USDA). She had until December 1, 2018 to Officers: Staff: Anthony Richardson, President Joey Grisham, Director/CAO Stan Carver, Vice -President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary meet two performance criteria: create three full-time jobs and create $10,000 in sales tax collection for the City of Anna. He further stated that Ms. Henry did not meet the performance criteria, and that he and Board Member Stan Carver met with her to discuss options. Based on the feedback and direction from the Board, Joey worked with CDC Board Attorney to draft an updated agreement that extended the deadline to meet the criteria (three full time jobs and $10,000 in sales tax collection for the City of Anna) until July 31, 2020 and required quarterly updates from Ms. Henry. Ms. Henry discussed some issues that she encountered that affected her business potential including road construction on US 75 and the lack of visibility that her building has. She reinforced her commitment to the business and said that she was working on different ideas for marketing and securing new business. She is also planning to meet again with the Collin County Small Business Development Center and work with the Anna Chamber of Commerce. Board President Anthony Richardson explained that the Board wants all businesses to succeed and recommended that staff develop a form/template for the quarterly updates. Raul Hernandez made a motion to approve the resolution for the First Amended & Restated Loan Agreement and Promissory (Vote with Simply Floor It, LLC. Stan Carver seconded the motion. All were in favor. Motion passed. 7. Director's Report a. NTCAR Expo Recap Joey explained that the expo was held this year at Gilley's in Dallas rather than the Sheraton as in the past, and that it went very well. He thanked the Board Members that attended and stated that staff met with several interested developers and realtors and would be following up with each. b. Strategic Plan Joey explained that Jason Claunch has kicked off this work. The Board will meet with Jason in a workshop format to discuss ideas. The Board discussed having this workshop as part of their regular meeting on October 31 c. Marketing Materials New materials such as brochures, trade show booth, promotional items, maps, and the video for the Business Park were shown at NTCAR and were well received. d. Chamber of Commerce Agreement An agreement will be provided at the October Regular Board Meeting for the Board's review and action. e. Downtown Master Plan Discussions with the City Manager have led to the decision to hold off on this plan until a Director of Planning is hired in order to be part of the review team. f. Bylaws Committee The committee met and developed draft bylaws for both the CDC and EDC. These drafts will be sent to the Board in advance of the October 31d meeting. g. Report on current corporate financial status —Discussion only Updated financial documents were included in the board packet. Officers: Staff: Anthony Richardson, President Joey Grisham, Director/CAO Stan Carver, Vice -President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary h. October Meeting The Board decided to meet on the regular meeting date of October 3rd at the Inc - Cube Building at 6:00 p.m. rather than at City Hall at 6:30 p.m. 8. CLOSED SESSION (exceptions): Rocio Gonzalez made a motion at 8:21 pm to enter closed session. Bruce Norwood seconded the motion. All were in favor. Motion passed. A. Deliberate regarding the purchase, exchange, lease or value of real property. (Tex. Gov't Code §651,072) possible property acquisition; possible land sale/purchase; B. Consult with legal counsel on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); Discuss contract concerning Revolving Loan Fund; promotional contract. C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations; or, (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1)_ (Tex. Gov't Code §651.087) Anna Business Park Property; potential retail and medical projects. 9. Reconvene into open session and take any action on closed session items. Stan Carver made a motion to reconvene into open session at 9:20 pm. Rocio Gonzalez seconded the motion. All were in favor. Motion passed. No action was taken. 10. Receive reports from staff or Board Members about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality, and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Officers: Staff: Anthony Richardson, President Joey Grisham, Director/CAO Stan Carver, Vice -President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary Stan Carver discussed the newly built playground at Sherley Heritage Park and announced a dedication ceremony for the restored Anna Train Depot on September 21 st from 10:00 am- 2:00 pm. 11. Adjourn. Anthony Richardson made a motion to adjourn the meeting at 9:21 pm. Bruce Norwood seconded the motion. All were in favor. Motion passed. Anthony Richardson President of CDC ATTESTED: �Amaho-'/ Rocio Gonzalez Secretary of CDC THE CITY OF Anna AGENDA ITEM: Item No. 51 City Council Agenda Staff Report Meeting Date: 10/15/2019 Review EDC Minutes from the September 9, 2019 Special Called Meeting (Economic Development Director Joey Grisham) SUMMARY: STAFF RECOMMENDATION: ATTACHMENTS: Description EDC September 9 Special Meeting Minutes Upload Date Type 10/3/2019 Staff Report Officers: Anthony Richardson, President Staff: Joey Grisham, Director/CAO Stan Carver, Vice -President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary TINE CITY OF - ...wee... d�,.... ... .. Anna Economic Development Corporation Meeting Minutes Monday, September 9, 2019 at 6:00 pm Inc -Cube Building, Conference Room 312 N. Powell Parkway, Anna, Texas 75409 EDC Board Members Present: Anthony Richardson, Stan Carver, Bruce Norwood, Rocio Gonzalez, Raul Hernandez, Michelle Hawkins, Doris Pierce. Others present: Joey Grisham (CDC Director), Taylor Lough (Economic Development Manager) and Clark McCoy (CDC/EDC Legal Counsel) 1. Call to Order. Roll Call and Establishment of Quorum. The meeting was called to order by Anthony Richardson, Board President, at 9:22 pm. 2. Citizen Comments. There were no citizen comments. 3. Consider/Discuss/Act on approving minutes from the August 1, 2019 EDC Meeting. Doris Pierce made a motion to approve the minutes from the August 1, 2019 EDC Meeting. Michelle Hawkins seconded the motion. All were in favor. Motion passed. 4. Hear update on the Inc -Cube renovations. Joey Grisham explained that the EDC has received funding from TxDOT for the SH a right-of-way. Staff is gathering quotes for the renovations required to the Inc -Cube Building, per the agreement with TxDOT. If the work is over $50,000 the renovations are required to be bid, per the current EDC bylaws. 5. CLOSED SESSION (exceptions): A. Deliberate regarding the purchase, exchange, lease or value of real property. (Tex. Gov't Code §651.072) possible property acquisition; possible land sale/purchase; B. Consult with legal counsel on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071) Officers: Anthony Richardson, President Staff: Joey Grisham, Director/CAO Stan Carver, Vice -President Taylor Lough, Economic Development Manager Rocio Gonzalez, Secretary C. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §561.087) The Board did not enter into closed session_ 6. Reconvene into open session and take any action on closed session items. No action was taken. 7. Receive reports from staff or Board Members about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 8. Adjourn. Stan Carver made a4notion to adjourn the meeting at 9:26 pm. Bruce Norwood seconded the motion. All wqi"° en fgaoT. Motion passed. APPROVED: 1 ATTESTED: Anthony Richardson Rocio Gonz President of EDC Secretary of EDC THE CITY CIF Anna AGENDA ITEM: Item No. 5.g. City Council Agenda Staff Report Meeting Date: 10/15/2019 Approve a Resolution amending the Bylaws of the Anna Economic Development Corporation (Economic Development Director Joey Grisham) SUMMARY: At their October 3, 2019 Meeting the Economic Development Corporation (EDC) Board approved a resolution amending their bylaws, subject to approval by the Anna City Council. The proposed bylaws were recommended to the EDC Board by a committee the Board appointed at their July 11, 2019 Special Called Meeting. The committee consisted of Board President Anthony Richardson, Board Vice President Stan Carver, City Manager Jim Proce, City Attorney Clark McCoy, Economic Development Director Joey Grisham, and Community Member (and former Board President) Connie Stump. The committee met on August 12th, August 19th, and August 26th in the Inc -Cube Building Conference Room. The committee reviewed other area EDC's bylaws and focused on removing and updating outdated language due to changes in State Law, city policy, and personnel. The major revisions to the proposed amended CDC Bylaws include: changing the title of Chief Administrative Officer to Economic Development Director, removing the requirement for meetings to take place within the corporate limits, adding a section on Board attendance that mirrors the City Charter, amending the Conflict of Interest Section to include references to the Anna Code of Ethics as adopted by the City Council, and adding a section on Fiscal Policy. STAFF RECOMMENDATION: Staff and the Members of the Economic Development Corporation Board recommend approving the amended EDC Bylaws. ATTACHMENTS: Description Upload Date Type Current EDC Bylaws -Amended 9-2-2014 10/3/2019 Staff Report Proposed Amended EDC Bylaws 10/3/2019 Staff Report ANNA ECONOMIC DEVELOPMENT CORPORATION RESOLUTION NO. ,9014-G9-E� Lebo A RESOLUTION OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION AMENDING THE BYLAWS OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION WHEREAS, the Anna Economic Development Corporation ("EDC") is authorized to amend its Bylaws under Art. VI, Sec. 2 of the Bylaws Anna Economic Development Corporation; and WHEREAS, the EDC desires to amend said Bylaws; NOW THEREFORE, BE IT RESOLVED BY THE ANNA ECONOMIC DEVELOPMENT CORPORATION THAT: Section 1. Recitals Incorporated. The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Amendments to the Corporation's Bylaws. The EDC Board of Directors hereby approves amending the Bylaws of the Anna Economic Development Corporation as set forth in Exhibit A, attached hereto, subject to approval by the City of Anna City Council. PASSED AND APPRRVED by the Anna Economic Development Corporation on this the day of 2014. APPROVED: G onst nce Stump, EDC Presid t ATTEST: ANNA C-BE C/JC RESOLUTION NO;014—G% Page 1 of 1 ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS These Bylaws ("Bylaws") govern the affairs of the Anna Economic Development Corporation, a public instrumentality and a non-profit corporation (hereinafter referred to as the "Corporation") created under Section 4A of the Development Corporation Act of1979, Article 5190.6 of the Revised Civil Statutes of Texas, as amended or recodified (hereinafter referred to as the "Act). ARTICLE I. PURPOSE AND POWERS Section 1. Registered Office and Registered Agent. The Corporation shall have and continuously maintain in the State of Texas a registered office and a registered agent whose office is identical with such registered office, as required by law. The Board of Directors of the Corporation (the "Board") may, from time to time, change the registered agent and/or the address of the registered office, provided that such change is appropriately reflected in these Bylaws and in the Certificate of Formation of the Corporation (the "Certificate"). The registered office of the Corporation is located at 111 N. Powell Parkway, Anna, Texas 75409 and the Corporation's mailing address is Anna Economic Development Corporation, P.O. Box 776, Anna, Texas 75409. The registered agent at such address is Jessica Perkins. Section 2. Principal Office. The principal office of the Corporation in the State of Texas shall be located in the City of Anna, Texas (the "City") and it may be, but need not be, identical with the registered office of the Corporation. Section 3. Purpose. The Corporation is incorporated for the purposes set forth in Article IV of its Certificate of Formation, the same to be accomplished on behalf of the City of Anna, Texas (the "City") as its duly constituted authority and instrumentality in accordance with the Development Corporation Act of 1979,Article 5190.6, Tex. Rev. Civ. Stat. Ann., as amended or recodified (the "Act), and other applicable laws. Section 4. Powers. In the fulfillment of its corporation purpose, the Corporation shall be governed by Section 4A of the Act, and shall have all of the powers set forth and conferred in its Certificate of Formation, in the Act, and in other applicable law, subject to the limitations prescribed thereof and hereof. ARTICLE II. BOARD OF DIRECTORS Section 1. Powers, Number and Term of Office. ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 1 of 13 (a) The property and affairs of the Corporation shall be managed and controlled by a Board of Directors (the "Board") and, subject to the restrictions imposed by law, by the Certificate of Formation and by these Bylaws, the Board shall exercise all of the powers of the Corporation. (b) The Board shall consist of seven (7) directors, each of whom shall be appointed by and serve at the pleasure of the City Council (the "Council") of the City. Each Director shall be a resident of the City of Anna. Three Directors shall be persons who are not employees, officers, or members of the governing body of the City. A majority of the entire membership of the Board is a quorum. The Board shall conduct all meetings within the boundaries of the City. The Board shall appoint officers as set forth in these Bylaws or that the City Council considers necessary. The Corporation's registered agent must be an individual residing within Collin County and the Corporation's registered office must be within the boundaries of the City. (c) All board members shall serve terms of two (2) years. A position held by a board member who also serves on the City Council shall automatically be vacated if the person holding the position is no longer a member of the council. Appointments to Places 1, 3, 5, and 7 shall be made in odd numbered years; appointment to Places 2.4, and 6 shall be made in even numbered years. Appointments are to be effective as of July 1 of the year in which the appointment is to be made, except that a position held by a board member who also serves on the City Council shall automatically be vacated if the person holding the position is no longer a member of the council. Appointments to Places 1, 3, and 5 shall be made in odd numbered years; appointment to Places 2 and 4 shall be made in even numbered years. Appointments are to be effective as of July 1 of the year in which the appointment is to be made, except that appointments made to fill a vacancy are effective immediately upon appointment by the City Council. (d) Any Director may be removed from office and replaced by the City Council at will and without cause. (e) Subject to Art. III, Section 5.A., the majority vote of the Board of Directors shall have the power to hire and/or appoint officers of the corporation. In the absence of the officers, the Chairman of the EDC will act as President of the Corporation, Vice - Chairman will act as Vice -President, the Chief Financial Officer (CFO) will act as the Treasurer and the Secretary will act as the Corporate Secretary. Section 2. Meetings of Directors. The directors may hold their meetings at such place or places in the City as the Board may from time to time determine; provided, however, in the absence of any such determination by the Board, the meetings shall be held at the principal office of the Corporation (Anna City Hall) as specified in Article V of these Bylaws. Section 3. Notice of Meetings. ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 2 of 13 (a) Regular meetings shall be held monthly at a date and time determined by the Board by resolution. Special Meetings of the Board shall be held whenever called by the President, by a majority of the directors, by the City Manager, by the Chief Administrative Officer, or by a majority of the Council. Nothing contained in this Section 3 shall vitiate the notice requirements contained in Section 6 hereafter. (b) The Chief Administrative Officer shall give notice to each director of each meeting at least seventy-two (72) hours before the meeting. A notice of a meeting posted in compliance with the Open Meetings Act shall be deemed satisfactory notice of such meeting to the directors. Unless otherwise indicated in the notice thereof, any and all matters pertaining to the purposes of the Corporation may be considered and acted upon at a meeting, subject to compliance with the Open Meetings Act. Attendance of a director at a meeting shall constitute a waiver of notice of such meeting, except where a director attends a meeting for the express purpose of objecting to the transaction of any business on the grounds that the meeting is not lawfully called or convened. A waiver of notice in writing, signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. (c) Whenever a notice other than a notice of a meeting is required to be given to the Board, said notice shall be deemed to be sufficient if given by depositing the same in a post office box in a sealed, postpaid wrapper addressed to the person entitled thereto at his or her post office address as it appears on the books of the Corporation, and such notice shall be deemed to have been given on the day of such mailing. Section 4. Vacancies. The Board may make recommendations for the filling of vacancies to City Council. Any vacancy occurring in the Board of Directors will be filled by appointment of the City Council. Section 5. Board Attendance. Directors must be present in order to vote at any meeting. Regular attendance at the Board meetings is required of all Directors. In the event that a Director has three (3) absences within a 12-month period the President, Vice President or Chief Administrative Officer will contact the Director to seek resolution. In the event consideration for replacement is indicated, the member will be counseled by the President, or, if applicable, the Vice President as applicable, and, subsequently, the President or Vice President shall submit in writing to the City Council that these Bylaws require the City Council to consider replacement of the Director in question. Section 6. Open Meetings Act. All meetings and deliberations of the Board shall be called, convened, held and conducted, and notice shall be given to the public, in accordance with the Texas Open Meetings Act, Chapter 551, Texas Government Code. Section 7. Quorum. A majority of the entire membership of the Board constitutes a quorum for the conduct of the official business of the Corporation. The act ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 3 of 13 of a majority of the directors present at a meeting at which a quorum is in attendance shall constitute the act of the Board and of the Corporation, unless the act of a greater number is required by law or these Bylaws. Solely for an agenda item with which one or more Board members has a conflict of interest, the number of Board members required to be present to constitute a quorum for the purpose of transacting business is reduced by the number of Board members who are present but lack authority to vote on that item because of a conflict of interest. Section 8. Conduct of Business. (a) At the meetings of the Board, matters pertaining to the business of the Corporation shall be considered in accordance with rules of procedure as from time to time prescribed by the Board. (b) At all meetings of the Board, the President shall preside and, in the absence of the President, the Vice President shall exercise the powers of the President. (c) The Secretary of the Corporation shall act as Secretary of all meetings of the Board but, in the absence of the Secretary, the presiding officer may appoint any person to act as Secretary of the meeting. Section 9. Committees of the Board. There may be standing committees of the Board as the Board from time to time create. Each such committee shall be composed of no more than two (2) Directors and such other persons as may be chosen by the Board for their applicable abilities and experience. The Board may delegate to any such authority as the Board deems necessary or desirable, provided that such delegation is specified in written resolution duly adopted by the Board. Anything to the contrary contained herein notwithstanding, all final, official actions of the Corporation may be exercised only by the Board. Each committee so designated shall keep regular minutes of the transactions of its meetings and shall cause such minutes to be recorded in books kept for that purpose in the principal office of the Corporation. Section 10. Compensation of Directors. Directors shall not receive any salary or compensation for their services as directors. Section 11. Ex-Officio Members. The Mayor and City Manager, or their designees, or other person or entity designated by the Board, may attend all meetings of the Board or committees, including executive, private or public, but shall not have the power to vote in the meetings. Their attendance shall be for the purpose of insuring that information about the meetings is accurately recorded and communicated to the City Council as may be appropriate and necessary. ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 4 of 13 Section 12. Implied Duties. The Board is authorized to do that which the Board deems desirable in compliance with the Act, subject to City Council approval, to accomplish any of the purposes or duties set out or alluded to in the Certificate, these Bylaws, and in accordance with State law and any code of ethics adopted by the City. Section 13. Board's Relationship with the City. In accordance with state law, the Board shall be responsible for the proper discharge of its duties assigned herein. The Board shall determine its policies and directives within the limitations of the duties herein imposed by applicable laws, the Certificate, these Bylaws, contracts entered into with the City, and budget and fiduciary responsibilities. Any request for services made to the departments of the City shall be made by the Board or its designee in writing to the City Council. The City Council may approve such request for assistance from the Board when it finds such requested services are available within the City and that the Board has agreed to reimburse the City for the cost of such services so provided, as provided by Article III, Section 8 of these Bylaws. ARTICLE III. OFFICERS Section 1. Titles and Term of Office. (a) The officers of the Corporation shall be a President, a Vice President a Secretary, a Treasurer, a Chief Administrative Officer, and such other officers as the Board may from time to time elect or appoint. One person may hold more than one office, except that the President shall not hold the office of Secretary. Terms of office shall be one (1) year with the right of an officer to be reelected. (b) All officers shall be subject to removal from office at any time by a vote of a majority of the entire Board. (c) A vacancy in the office of any officer shall be filled by a vote of a majority of the directors. Section 2. Powers and Duties of the President. The President shall be the presiding officer of the Board and shall: (a) preside over all meetings of the Board; (b) shall have the right to vote on all matters coming before the Board; (c) shall have the authority, upon notice to the members of the Board, to call a special meeting of the Board when, in his/her judgment, such meeting is required; ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 5 of 13 (d) shall have the authority to appoint standing committees to aid and assist the Board in its business efforts or on other matters incidental to the operation and functions of the Board; and (e) shall have the authority to appoint ad hoc committees which may address issues of a temporary nature of concern or which have a temporary affect on the business of the Board. In addition to the above -stated duties, the President shall sign, along with the Secretary of the Board, any deed, mortgage, bonds, contracts or other instruments which the Board has approved, unless the execution of said document has been expressly delegated to some other officer or agent of the Corporation by appropriate Board resolution, by a specific provision of these Bylaws, or by statute. In general, the President shall perform all duties incident to the office and such other duties as shall be prescribed from time to time by the Board. Section 3. Vice President. The Vice President shall have such powers and duties as may be prescribed by the Board and shall exercise the powers of the President during that officer's absence or inability to act. Any action taken by the Vice President in the performance of duties of the President shall be conclusive evidence of the absence or inability to act of the President at the time such action was taken. Section 4. Treasurer. The Treasurer, or other person or entity designated by the Board, shall have charge and custody of and be responsible for all funds and securities of the Corporation; shall receive and give receipt for money due and payable to the Corporation from any source whatsoever, and shall deposit all such monies in the name of the Corporation in such bank, trust corporation, and or other depositories as shall be specified in accordance with Article V, Section 3 of these Bylaws. The Treasurer or other person or entity designated by the Board, shall, in general, perform all duties incident to that office, and such other duties as from time to time may be assigned by the President of the Board. Section 5. Secretary. The Secretary, or other person or entity designated by the Board, shall keep the minutes of all meetings of the Board and shall file a copy of all minutes at City Hall, shall give and serve all notices, may sign with the President in the name of the Corporation, and/or attest the signature thereto, all contacts, conveyances, franchises, bonds, deeds, assignments, mortgages, notes and other instruments, except the papers as the Board may direct, all of which shall be at all reasonable times be open to public inspection upon application at the office of the Corporation during regular business hours, and shall in general perform all duties incident to the office of Secretary subject to the control of the Board. Section 5.A. Chief Administrative Officer. The Chief Administrative Officer shall be nominated by the City Manager and appointed by the Board to fill those duties and responsibilities as the Board may set forth by Resolution. ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 6 of 13 Section 6. Employees. The Corporation may employ such full or part-time employees as needed to carry out the programs of the Corporation. These employees shall perform those duties as are assigned to them by the Board. The Board shall hire, direct and control the work of all Corporation employees. Section 7. Compensation. Officers who are members of the Board shall not receive any salary or compensation for their services. Section 8. Contract for Service. (a) The Corporation may, with approval of the City Council, contract with any qualified and appropriate person, association, corporation, or governmental entity to perform and discharge designated tasks which will aid or assist the Board in the performance of its duties. However, no such contract shall ever be approved or entered into which seeks or attempts to divest the Board of its discretion and policy -making functions in discharging the duties hereinabove set forth in this Section. (b) Subject to the authority of the City Council and the City Manager under the Charter of the City, the Corporation may request to utilize the services of the staff and employees of the staff and employees of the City, provided: (1) that the City Council approves of the utilization of such services; (2) that the Corporation shall pay, as approved by the City Council, reasonable compensation to the City; and (3) the performance of such services does not materially interfere with the other duties of such personnel of the City. (c) Utilization of the aforesaid City staff shall be solely by contract approved by the City Council. ARTICLE IV. FUNCTIONAL CORPORATE DUTIES AND REQUIREMENTS Section 1. General Development Plan. (a) The Board shall research, develop, prepare, and submit to the Council for its approval, an economic development plan for the City, which shall include proposed methods and the expected costs of implementation. The plan shall include both short and long term goals for the economic development of the City, proposed methods for the elimination of unemployment and underemployment, the promotion of employment, through the expansion and development of a sound industrial, manufacturing and retail base within the City. (b) The Board shall review and update the annual work plan each year prior to submission of the annual budget required by other provisions of these Bylaws. ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 7 of 13 Section 2. Annual Corporation Budget. At least sixty (60) days prior to the commencement of each fiscal year of the Corporation, the Board shall adopt a proposed budget of expected revenues and proposed expenditures for the next ensuing fiscal year. The budget shall contain such classifications and shall be in such form as may be prescribed from time to time by the City Manager for inclusion with the annual budget and submitted to the Council. The budget shall not be effective until the same has been approved by the Council. Section 3. Books, Records, Audits. (a) The Corporation shall keep and properly maintain, in accordance with generally accepted accounting principles, complete books, records, accounts, and financial statements pertaining to its corporate funds, activities and affairs. (b) At the direction of the Council, the books, records, accounts and financial statements of the Corporation may be maintained for the Corporation by the City. In such event, the Corporation shall pay to the City reasonable compensation for such services. (c) The Corporation, or the City if the option described in subsection (b) is selected, shall cause its books, records accounts and financial statements to be audited at least once each fiscal year by an outside, independent auditing and accounting firm selected by the City. Such audit shall be at the expense of the Corporation. Audit copies are to be flied with the City. (d) All books, records, accounts, and financial statements shall be kept and administered in accordance with the Texas Public Information Act, Chapter 552, Texas Government Code. Any member of the City Council, Mayor, Director or Officer of the Corporation may inspect and receive copies of all books and records of the Corporation. Section 4. Deposit and Investment of Corporate Funds. (a) All proceeds from the issuance of bonds, notes or other debt instruments ("Obligations") issued by the Corporation shall be deposited and invested as provided in the resolution, order, indenture or other documents authorizing or relating to their issuance. (b) All other monies of the Corporation shall be handled pursuant to the guidelines established in the City Investment Policy and shall be deposited, secured and/or invested in the manner provided for the deposit, security and/or investment of the public funds of the City. The Board shall designate the accounts and depositories to be created and designated for such purposes. The accounts, reconciliation and investment of such funds and accounts will be performed by the Finance Department of the City. The Corporation shall pay reasonable compensation for such services to the City. ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 8 of 13 Section 5. Expenditures of Corporate Money. (a) The monies of the Corporation, including sales and use taxes collected pursuant to Section 4A of the Act, monies derived from the repayment of loans, rents received from the lease or use of property, the proceeds from the investment of funds of the Corporation, the proceeds from the sale of property, and the proceeds derived from the sale of Obligations, may be expended by the Corporation for any of the purposes authorized by the Act, subject to the following limitations. (1) Expenditures from the proceeds of Obligations shall be identified and described in the orders, resolutions, indentures or other agreements submitted to and approved by the City Council prior to the sale and delivery of the Obligations to the purchasers thereof required by Section (6) of this Article. (2) Expenditures that may be made from a fund created with the proceeds of Obligations, and expenditures of monies derived from sources other than the proceeds of Obligations, may be used for the purposes of financing or otherwise providing one or more "Projects", as defined in the Act. (3) All expenditures shall be specifically described in a resolution or order of the Board, and shall be made only after the approval thereof by the City Council, unless the City Council exempts certain classifications of expenditures from this requirement by Ordinance. (4) All other proposed expenditures shall be made in accordance with and shall be set forth in the annual budget required by Section 2 of this Article. (b) All purchases above $50,000 must be purchased under formal competitive sealed bidding rules or as otherwise permitted by Texas Local Government Code, Chapters 252 and 271 or other applicable law. No bid process shall begin until approved by the Board. Section 6. Issuance of Obligations. No Obligations, including refunding obligations, shall be sold and delivered by the Corporation unless the Council shall approve such Obligations by action taken no more than sixty (60) days prior to the date of sale of the Obligations. Section 7. Limitations on Expenditures. The Corporation shall spend no more than ten percent (10%) of Corporate revenues for promotional purposes and may contract with others to carry out industrial development programs consistent with the purposes and duties as set out in these Bylaws and as set out in the Act. ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 9 of 13 Section 8. Contributions. The Board of directors may accept on behalf of the Corporation any contribution, grant or bequest to be used for the general purposes of or for any special purpose of the Corporation. Special funds shall include all funds from government contracts and contributions designated by a donor for special purposes. All other funds shall be general funds. Section 9. Checks, Drafts and other Payments. (a) All checks, drafts or orders for the payment of money, notes or other evidences of indebtedness issued in the name of the Corporation shall be signed by at least two of the following officers: the President, the City Manager, or the Chief Administrative Officer. (b) Only the Chief Administrative Officer is authorized to consummate transactions or make purchases at the point of sale on behalf of the Corporation and purchases must be approved for Corporation business. (c) This subsection shall apply with regard to purchases and contracts not in excess of $50,000, and for which formal competitive bidding procedures are not required. The Corporation will vote to authorize purchases and enter into contracts that do not exceed $50,000. All purchases between $5,000 - $50,000 shall require at least three written bids/estimates and all purchases from $500 to $5000 shall require at least three verbal estimates if the purchase is not from a sole -source vendor. All purchases above $500 will be approved by the Corporation board. Purchases less than $500 can be approved by the Chief Administrative Officer. Only the Chief Administrative Officer is authorized to consummate transactions or make purchases at the point of sale on behalf of the Corporation, and any checks, drafts, orders for the payment of money, notes or other evidences of indebtedness must be signed in accordance with subsection (a) of this section before the Chief Administrative Officer may make such purchases. If the Chief Administrator Officer is not available to make a necessary purchase, the purchase may be made by the City Manager or the written designee of the City Manager. (d) Expenses for Director and Officer travel, meals, or similar expenses must be necessary to the Corporation's business, the details of which shall be approved in advance by the Chief Administrative Officer and are subject to the per diem rates of the U. S. General Services Administration and the following limits: reasonable travel/transportation, lodging, seminar registration, meals, parking, highway tolls and other Corporate business expenses approved by the Chief Administrative Officer. Further, such expenses shall be reimbursed only for necessary and reasonable actual costs as verified by expense receipts that clearly show the date of purchase, vendor, location of vendor, and explanation and itemization of expenses by price. The Chief Administrative Officer is authorized to require expense reports that require additional details regarding expenses. The following expenditures are not reimbursable expenses unless specifically authorized by Board vote: alcoholic beverages, personal employee or family expenses, sports and entertainment fees, donations, contributions, memberships, ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 10 of 13 and any other expenditure not reasonably related to and necessary for the efficient conduct of City business. First class accommodations on public carriers shall not be authorized unless lesser fares are not available on required trips. The Chief Administrative Officer must be so notified and approve the additional expense. (e) At the discretion of the Chief Administrative Officer, funds may be advanced for anticipated travel expenses. Actual cost must be verified after the travel by expense receipts as required in subsection (d) of this section. Allowable expenses exceeding the advance shall be reimbursed by the Corporation and advances exceeding the documented receipts shall be refunded to the Corporation. Receipts must be obtained for advance -funded expenses and said receipts must be delivered to the Chief Administrative Officer within 10 days of obtaining said receipts. (f) When approved in advance by the Chief Administrative Officer, as appropriate, members shall be paid mileage for use of personal vehicles on Corporation business at the standard mileage rate as set by the Internal Revenue Service annually. Corporation members must provide mileage totals to and from the event. Corporation members must provide evidence of liability and property damage insurance prior to such use. ARTICLE V. MISCELLANEOUS PROVISIONS Section 1. Principal Office. (a) The principal office of the Corporation shall be located at the Anna City Hall Administration Building as specified in the Article of Incorporation, or until a physical location office is secured by EDC. (b) The Corporation shall have and shall continually designate a registered agent at its registered office, as required by the Act. Section 2. Fiscal Year. The fiscal year of the Corporation shall be the same as the fiscal year of the City. Section 3. Seal. The seal of the Corporation shall be determined by the Board. Section 4. Resignations. Any director or officer may resign at any time. Such resignation shall be made in writing and shall take effect at the time specified therein or, if no time be specified, at the time of its receipt by the President, Secretary, or Chief Administrative Officer. The acceptance of a resignation shall not be necessary to make it effective, unless expressly so provided in the resignation. Section 5. Approval or Advice and Consent of the Council. To the extent that these Bylaws refer to any approval by the City or refer to advice and consent by the ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 11 of 13 Council, such approval, or advice and consent, shall be evidenced by a certified copy of a resolution, order or motion duly adopted by the Council. Section 6. Services of City Staff and Officers. Subject to approval from the City Manager of the City, the Corporation shall have the right to utilize the services of the City Attorney, the City Secretary, and the Finance Department of the City, provided (i) that the Corporation shall pay reasonable compensation to the City for such services, and (ii) the performance of such services does not materially interfere with the other duties of such personnel of the City. Section 7. Indemnification of Directors, Officers and Employees. (a) As provided in the Act and in the Certificate of Formation, the Corporation is, for the purposes of the Texas Tort Claims Act, Subchapter A, Chapter 101, Texas Civil Practices and Remedies Code, a governmental unit and its actions are governmental functions. (b) The Corporation shall indemnify each and every member of the Board, its officers and its employees, and each member of the Council and each employee of the City, to the fullest extent permitted by law, against any and all liability or expense, including attorney's fees, incurred by any of such persons by reason of any actions or omissions that may arise out of the functions and activities of the Corporation. Indemnification and other protections provided by this Section do not include indemnification for acts constituting gross negligence, reckless conduct, or criminal behavior. Nothing in this section creates any duty to indemnify or otherwise protect any person or entity performing work or otherwise acting as an independent contractor. Section 8. Corporation May Provide Insurance. The Corporation may purchase and maintain insurance on behalf of any person who is or was a Director, officer, member, employee or agent of the Corporation to insure such person against any liability asserted against said person by reason of such person being or having been a Director, officer, member, employee or agent of the Corporation. The premiums for such insurance shall be paid by the Corporation. Reserved. Section 9. Legal Construction. If any Bylaw provision is held to be invalid, Illegal or unenforceable in any respect, the invalidity, illegality or unenforceability shall not affect any other provision and the Bylaws shall be construed as if the invalid, illegal or unenforceable provision had not been included in the Bylaws. ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 12 of 13 Section 10. Code of Ethics. The Corporation's Board of Directors, and its officers, employees, and agents shall abide by and be subject to all ethical rules, requirements, and restrictions applicable to members of the City Council under federal, state or local law, including but not limited to the City's Home -Rule Charter and City's Code of Ethics, as amended. All such ethical rules, requirements, and restrictions shall be applicable to independent contractors of the Corporation in all dealings with the Corporation and with regard to all work performed for or at the direction of the Corporation. However, this section is not intended to nor shall it be interpreted to change the relationship between the Corporation and an independent contractor from that of independent corporation to employee. ARTICLE VI. EFFECTIVE DATE, AMENDMENTS Section 1. Effective Date. These Bylaws shall become effective upon the occurrence of the following events: (1) the adoption of these Bylaws by the Board; and (2) the approval of these Bylaws by the Council. Section 2. Amendments to Certificate of Formation and Bylaws. The Certificate of Formation of the Corporation and these Bylaws may be amended only in the manner provided in the Certificate of Formation and the Act The Bylaws may be amended, altered or repealed by an affirmative vote of three Board members but such amendment, alteration or repeal shall not be effective until approved by a majority vote of the entire Council. Section 3. Dissolution of the Corporation. The Corporation is a non-profit corporation. Upon dissolution, all of the Corporation's assets shall be distributed to the City of Anna. APPROVED AND ADOPTED by the Anna Economic D velopment Corporation by passage of Resolution Ndl - - on the day of .2014. MA- ANNA ECONOMIC DEVELOPMENT CORPORATION BYLAWS Page 13 of 13 ANNA ECONOMIC DEVELOPMENT CORPORATION RESOLUTION NO. - Z O A RESOLUTION OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION AMENDING THE BYLAWS OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION WHEREAS, the Anna Economic Development Corporation ("EDC") is authorized to amend its Bylaws under Art. VI, Sec. 2 of the Bylaws Anna Economic Development Corporation; and WHEREAS, the EDC desires to amend said Bylaws; NOW THEREFORE, BE IT RESOLVED BY THE ANNA COMMUNITY DEVELOPMENT CORPORATION THAT: Section 1. Recitals Incorporated. The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Amendments to the Corporation's Bylaws. The EDC Board of Directors hereby approves amending the Bylaws of the Anna Economic Development Corporation as set forth in Exhibit A, attached hereto, subject to approval by the City of Anna City Council. PASSED AND APPROVED by the Anna Economic Development Corporation on this the 31d day of October 2019. CDC President ATTEST: Rocio Gonzal z CDC Secreta ANNA CDC RESOLUTION NO. Page 1 of 1 AMENDED BYLAWS OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION ARTICLE 1 PURPOSE AND POWERS Section 1.01. —PYMOse. The Anna Economic Development Corporation (the "Corporation") is a public instrumentality and a non-profit corporation created under the Development Corporation Act, codified in Title 12, Subtitle C 1 of the Texas Local Government Code (the "Act"), and operating under Chapters 501, 502 and 504 of the Act and other applicable law. Section 1.02. Powers. In the fulfillment of its corporate purpose, the Corporation shall be governed as a Type A corporation under the Act and shall have all the powers set forth and conferred in its Amended Certificate of Formation, in the Act, and in other applicable law, subject to the limitations prescribed under applicable law and these bylaws. ARTICLE lI BOARD OF DIRECTORS Section 2.01. Powers, Number, and Term of Office. (a) The property and affairs of the Corporation shall be managed and controlled by a Board of Directors (the "Board") and, subject to the restrictions imposed by law; by the Amended Certificate of Formation and by these bylaws, the Board shall exercise all of the Powers of the Corporation. (b) The Board shall consist of seven (7) directors, each of whom shall be appointed by the City Council (the "City Council,,). At least three (3) members of the Board shall be persons who are not members of the City Council and who are not employees or officers of the City. (c) Directors shall serve staggered two (2) year terms with four (4) positions commencing service during odd years and three (3) positions commencing service during even years, effective July 1, or until a successor(s) is(are) appointed by the City Council. (d) Any director may be removed from office by the City Council at any time without cause. (e) Any director or officer may resign at any time. Such resignation shall be made in writing and shall take effect at the time specified therein, or, if no time be specified, at the time of its receipt by the City Manager, Economic Development Director, and/or City Secretary. The acceptance of a resignation shall not be necessary to make it effective, unless expressly so provided in the resignation. (fl Any vacancy occurring on the Board through death, resignation or otherwise shall be filled by appointment by the City Council and the director appointed to fill any such vacancy shall serve the remainder of the unexpired term. Section 2.02. Meetings of Directors. The directors may hold their meetings at such place or places as the Board and/or the Economic Development Director determines; provided, however, in the absence of any such determination by the Board and/or the Economic Development Director, the meetings shall be held at the principal office of the Corporation as specified in Article V of these bylaws. Section 2.03. Notice of Meetin s to Directors. Regular meetings of the Board shall be held without the necessity of notice to directors at such time and places as shall be designated from time to time by the Board. Special meetings of the Board shall be held whenever called by the president, by a majority of thedirectors, by the City Manager, or by a majority of the City Council. Section 2.04 Board Attendance. A director who is absent from three consecutive regular meetings, or 25% of regularly scheduled meetings during the 12-month period immediately preceding and including the absence in question, without explanation acceptable to a majority of the other members, must forfeit his or her position on the board. Section 2.05. Open Meetings Act. All meetings and deliberations of the Board shall be called, convened, held, and conducted, and notice shall be given to the public, in accordance with the Texas Open Meetings Act, Chapter 551of the Texas Government Code, as amended. Section 2.06. Quorum. A majority of the entire membership of the Board of Directors shall constitute a quorum for the conduct of the official business of the Corporation, The act of a majority of the directors present at a meeting at which a quorum is in attendance shall constitute the act of the Board and of the Corporation, unless the act of a greater number is required by law. Section 2.07. Conduct of Business. (a) At the meetings of the Board, matters pertaining to the business of the Corporation shall be considered in accordance with rules of procedure as from time to time prescribed by the Board. (b) At all meetings of the Board, the president shall preside; provided that in the absence of the President, the Vice President shall preside; and further provided that in the absence of the President and Vice President, the directors present at the meeting may appoint a director to preside at such meeting. (c) The secretary of the Corporation shall act as secretary of all meetings of the Board, but in the absence of the secretary, the presiding officer may appoint any person to act as secretary of the meeting. Section 2.08. Committees of the Board. The Board may designate two (2) or more directors to constitute an official committee of the Board to exercise such authority of the Board as may be specified by Board. resolution. It is provided, however, that all final, official actions of the Corporation may be exercised only by the Board. Each committee so designated shall keep regular minutes of the transactions of its meetings and shall cause such minutes to be recorded in books kept for that purpose in the principal office of the Corporation. Section 2.09. Compensation of the Directors. Directors shall not receive any salary or compensation for their services as directors. However, they shall be reimbursed for their actual expenses incurred in the performance of their official duties as directors. Section 2.10. Ethics; Conflict „of Interest. Directors shall strictly adhere to the Anna Code of Ethics, as adopted and as may be amended by the City Council (the "Ethics Code"). In the event that a director is aware that he/she has a conflict of interest under applicable law or Ethics Code, with regard to any particular matter or vote coming before the Board, the director shall bring the same to the attention of the Board and shall abstain from discussion and voting thereon. Any director shall bring to the attention of the Board any apparent conflict of interest or potential conflict of interest of any other director, in which case the Board shall determine whether a true conflict of interest exists before any further discussion or vote shall be conducted regarding that particular matter. The director about whom a conflict of interest question has been raised shall refrain from voting with regard to the determination as to whether a true conflict exists. Section 2.11. Ex-Officio Members. The Mayor and City Manager or their respective designees, and any City Council member or other appropriate person or entity designated by the Board may attend all meetings of the Board or committees, including but not limited to executive or closed meetings, but shall not have the power to vote in the meetings unless such Council member is also a member of the Board. Their attendance shall be for the purpose of insuring that information about the meetings is accurately recorded and communicated to the City Council as may be appropriate and necessary. ARTICLE III OFFICERS Section 3.01. Titles and Terms of Office. (a) The officers of the Corporation shall be a president, a vice president, a secretary, and a treasurer, and such other officers as the board may from time to time elect or appoint. One person may hold more than one office, except that the president shall not hold the office of secretary or assistant secretary. Terms of offices shall be one (1) year with the right of an officer to be re-elected. Such officers shall be elected annually after annual appointments or reappointments to the Board have been completed by the Council. (b) All officers are subject to removal from office at any time by a vote of a majority of the entire Board. (c) A vacancy in the office of any officer shall be filled by a vote of a majority of the directors. Section 3.02. Powers and Duties of the President. The president shall be the presiding officer of the Board, shall preside at all meetings of the Board, and may sign with the secretary in the name of the Corporation, all contracts, conveyances, franchises, bonds, deeds, mortgages, notes and other instruments, which the Board has approved, unless the execution of said document has been expressly delegated to another officer or agent of the Corporation by resolution, a provision of these bylaws, or statute. Section 3.03. Vice President. The vice president shall have such powers and duties as may be prescribed by the Board and shall exercise the powers of the president during that officer's absence or inability to act. ,Any action taken by the vice president in the performance of the duties of the president shall be conclusive evidence of the absence or inability to act of the president at the time such action was taken. Section 3.04. Secretary. The secretary shall keep the minutes of all meetings of the Board in books provided for that purpose, shall give and serve all notices, may sign with the president in the name of the Corporation, and/or attest the signature thereto, all contracts, conveyances, franchises, bonds, deeds, mortgages, notes and other instruments of the Corporation, shall have charge of the corporate books, records, documents and instruments, except the books of account and financial records and securities, and such other books and papers as the Board may direct, all of which shall at all reasonable times be open to public inspection upon application at the office of the Corporation during business hours, and shall in general perform all duties incident to the office of secretary subject to the control of the Board. Section 3.05. Treasurer. The treasurer shall have the responsibility to see to the handling, custody, and security of all funds and securities of the Corporation in accordance with these bylaws. When necessary or proper, the treasurer may endorse and sign, on behalf of the Corporation, for collection or issuance, checks, notes and other obligations in or drawn upon such bank, banks or depositories as shall be designated by the Board consistent with these bylaws. The treasurer shall see to the entry in the books of the Corporation full and accurate amounts of all monies received and paid out on account of the Corporation. The treasurer shall, at the expense of the Corporation, give such bond for the faithful discharge of his/ her duties in such form and amount as the Board or the City Council may require. Section 3.06. Board Positions. The president, the vice president, and the secretary shall be named from among the members of the Board. The Treasurer may, at the option of the Board, be persons other than members of the Board, and may be employees of the City. Section 3.07. Compensation. Officers who are members of the Board shall not receive any salary or compensation for their services, except that they shall be reimbursed for their actual expenses incurred in the performance of their official duties as officers. Section 3.08. Economic Develo ment Director. The Economic Development Director shall be a full-time employee of the City and shall be the chief administrative officer of the Corporation, responsible for all daily operations and implementation of Board policies and resolutions. The Economic Development Director shall be appointed and managed by the City Manager. The Economic Development Director shall attend all called Board meetings and perform those duties and functions, as the Board shall prescribe. ARTICLE W FUNCTIONAL CORPORATE DUTIES AND REQUIREMENTS Section 4.01. General Corporate Duties and Authori (a) In carrying out its purposes, the Corporation shall be authorized to exercise all rights and powers granted under its Amended Certificate of Formation, in the Act, and in other applicable law, subject to the limitations prescribed therein and herein and to the provisions thereof and hereof, as well as the purposes set out in the voted proposition. (b) Any and all agreements between the Corporation and other parties shall be authorized, executed, approved, and delivered in accordance with applicable law, provided, that, prior to the authorization or execution of any such agreement a copy thereof shall be provided to the City. (c) Unless otherwise approved by the City Council in accordance with Section 4.05(c) of this Article, all construction and other contracts let or entered into by the Corporation shall be let or entered into in accordance with the laws applicable to the letting or entering into of contracts by the City. Section 4.02. Annual Corporate Budget. (a) At least sixty (60) days prior to the commencement of each fiscal year of the Corporation, the Board shall adopt a proposed budget of expected revenues and proposed expenditures for the next ensuing fiscal year. The budget shall contain such classifications and shall be in such form as may be prescribed from time to time by the City Manager. The budget shall not be effective until the same has been approved by the City Council. (b) The annual budget shall be adopted at the fund level and amendments within the fund can be made and approved by the Economic Development Director. Any amendments that would result in an increase of total adopted expenditures shall be approved by the Board and City Council. Section 4.03. Books, Records, Audits. (a) The Corporation shall keep and properly maintain, in accordance with generally accepted accounting principles, complete boob, records, accounts, and financial statements pertaining to its corporate funds, activities, and affairs. (b) At the direction of the City Council, the books, records, accounts and financial statements of the Corporation may be maintained for the Corporation by the accountants, staff, and personnel of the City. (c) The Corporation, or the City if the option described in subsection (b) is selected, shall cause its books, records, accounts, and financial statements to be audited at least once each fiscal year by an outside, independent, auditing and accounting firm selected by the City. Such audit shall be at the expense of the Corporation.. Section 4.04 Deposit and investment gf—CoKporate Funds. (a) All proceeds from loans or from the issuance of bonds, notes, or other debt instruments ("Obligation") issued by the Corporation shall be deposited and invested as provided in the resolution, order, indenture, or other documents authorizing or relating to their execution or issuance. (b) Subject to the requirements of contracts, loan agreements, indentures, or other agreements securing Obligations, all other monies of the Corporation, if any, shall be deposited, secured, and/or invested in the manner provided for the deposit, security, and/or investment of the public funds of the City. The Board shall designate the accounts and depositories to be created and designated for such purposes, and the methods of withdrawal of funds therefrom for use by and for the purposes of the Corporation upon the signature of its treasurer and such other persons as the Board shall designate. The accounts, reconciliation, and investment of such funds and accounts shall be performed by the Department of Finance of the City. Section 4.05. Expenditures of Co orate Mone . The monies of the Corporation, including sales and use taxes collected by the Corporation, monies derived from rents received from the lease or use of property, the proceeds from the investment of funds of the Corporation, the proceeds from the sale of property, and the proceeds derived from the sale of Obligations, may be expended by the Corporation for any of the purposes authorized by the Act, subject to the following limitations: (a) Expenditures from the proceeds of obligations issued or incurred by the Corporation shall be identified and described in the orders, resolutions, indentures, or other agreements submitted to and approved by the City Council prior to the execution of loan or financing agreements or the sale and delivery of the Obligations to the purchasers thereof required by Section 6 of this Article; (b) Expenditures that may be made from a fund created with the proceeds of obligations, and expenditures of monies derived from sources other than the proceeds of obligations may be used for the purposes of financing or otherwise providing one or more "Projects," as defined in applicable provisions of the Act, or other authorized purposes of the Corporation. The specific expenditures shall be described in a resolution or order of the Board and shall be made only after approval thereof by the City Council unless such expenditures are set forth in the annual budget required by Section 2 of this Article or in contracts meeting the requirements of Section 1 (d) of this Articles (c) All other proposed expenditures shall be made in accordance with and shall be set forth in the annual budget required by Section 4.02 or in contracts meeting the requirements of Section 4.01 (c) of this Article or the City's Financial Policies; provided, however, that any expenditure for Goods or Services costing $50,000 or more shall not be required to be completely bid or otherwise let or governed under Chapter 252 and/or Chapter 271 of the Texas Local Government if such expenditure has received approval of the City Council by duly adopted resolution.. (d) The Corporation may spend no more than ten percent (10%) of the corporate revenues for promotional purposes and may contract with others to carry out programs consistent with the purposes and duties set out in these bylaws and as set out by the Act. Unexpended revenue specifically set aside for promotional purposes in past years may be expended without violating the ten percent (10%) cap. The City Council may oversee expenditures in any manner authorized by the Act. Section 4.06. Fiscal Policy. The Corporation will adhere to the City's Financial Policy to guide the overall financial condition and operations of the Corporation. Section 4.07. Issuance of Obligations. No obligations, including refunding obligations, shall be authorized or sold and delivered by the Corporation unless the City Council shall approve such obligations by action taken no more than 60 (sixty) days prior to the date of delivery of such obligation or refunding obligations. ARTICLE V MISCELLANEOUS PROVISIONS Section 5.01. Principal Office. (a) The principal office and the registered office of the Corporation shall be I I I N. Powell Parkway, Anna, TX 75409. (b) The Corporation shall have and shall continually designate a registered agent at its registered office, as required by the Act. Section 5.02. Fiscal Year. The fiscal year of the Corporation shall be the same as the fiscal year of the City. Section 5.03. Seal. The seal of the Corporation shall be as determined by the Board. Section 5.04. App )val or Advice and Consent of the City Council. To the extent that these bylaws refer to any approval by the City or refer to advice and consent by the City Council, such advice and consent shall be evidenced by a certified copy of a resolution, order or motion duly adopted by the City Council, Section 5.05. Services of Ci1y Staff and Officers. The Corporation shall have the right to utilize the services of the City Attorney, the City Secretary, and City Manager, provided (i) that the Corporation shall pay reasonable compensation to the City for such services, and (ii) the performance of such service does not materially interfere with the other duties of such personnel of the City. Section 5.06. Indemnification of Directors, Officers and Employees. (a) As provided in the Act and in the Amended Certificate of Formation, the Corporation is, for the purposes of the Texas Tort Claims Act (Subchapter A, Chapter 101, Texas Civil Practices and Remedies Code), a governmental unit and its actions are governmental functions. (b) The Corporation shall indemnify each and every member of the Board, its officers, and its employees, and each member of the City Council and each employee of the City, to the fullest extent permitted by law, against any all liability or expense, including attorneys' fees, incurred by any of such persons by reason of any actions or omissions that may arise out of the ftinctions and activities of the Corporation. (c) The Corporation may purchase and maintain insurance for the Corporation and on behalf of any person who is or was a director, officer, employee or agent of the Corporation or who is or was serving at the request of the Corporation as a director, officer, employee, agent or similar position, against any liability asserted against him or her or incurred by him or her in such capacity or arising out of his or her status as such, whether or not the Corporation would have the power to indemnify hire or her against that liability under the Business Corporation Act Article 2.02-1. If such insurance is obtained, the insurance may be procured, maintained or established with an insurer deemed appropriate by the Board of Directors. In the absence of fraud, the judgment of the Board of Directors as to the terms and conditions of the insurance shall be conclusive. Section 5.07_ Interpretation rof Bylaws. These bylaws and all the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein. If any word, phrase, clause, sentence, paragraph, section or other part of these bylaws, or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of these bylaws and the application of such word, phrase, clause, sentence, paragraph, section or other part of these bylaws to any other person or circumstance shall not be affected thereby. ARTICLE VI EFFECTIVE DATE, AMENDMENTS Section 6.01. Effective Date. These bylaws shall become effective upon the occurrence of the following events: (a) the approval of these bylaws by the City Council; and (b) the adoption of these bylaws by the Board. Section 6.02 Amendments to B laws. These bylaws may be amended at any time and from time to time by majority vote of the Board of Directors with approval of the City Council. These amended bylaws were duly adopted by the Board at a duly noticed public meeting on the �' 4 day of (DCtz Io , 2019. President of CDC ATTESTED: Rocio Gonzalez Secretary of CDC THE CITY CIF Anna AGENDA ITEM: Item No. 5.h. City Council Agenda Staff Report Meeting Date: 10/15/2019 Approve a Resolution amending the Bylaws of the Anna Community Development Corporation (Economic Development Director Joey Grisham) SUMMARY: 10/15 Council Agenda Item Summary— CDC Bylaws At their October 3, 2019 Meeting the Community Development Corporation (CDC) Board approved a resolution amending their bylaws, subject to approval by the Anna City Council. The proposed bylaws were recommended to the CDC Board by a committee the Board appointed at their July 11, 2019 Special Called Meeting. The committee consisted of Board President Anthony Richardson, Board Vice President Stan Carver, City Manager Jim Proce, City Attorney Clark McCoy, Economic Development Director Joey Grisham, and Community Member (and former Board President) Connie Stump. The committee met on August 12th, August 19th, and August 26th in the Inc -Cube Building Conference Room. The committee reviewed other area CDC's bylaws and focused on removing and updating outdated language due to changes in State Law, city policy, and personnel. The major revisions to the proposed amended CDC Bylaws include: changing the title of Chief Administrative Officer to Economic Development Director, removing the requirement for meetings to take place within the corporate limits, adding a section on Board attendance that mirrors the City Charter, amending the Conflict of Interest Section to include references to the Anna Code of Ethics as adopted by the City Council, and adding a section on Fiscal Policy. STAFF RECOMMENDATION: Staff and Members of the Community Development Corporation Board recommend approval of amending the CDC Bylaws. ATTACHMENTS: Description Upload Date Type Current CDC Bylaws Council Resolution -Amended 01- 10/3/2019 Staff Report 22-2019 Current CDC Bylaws -Amended 01-22-2019 10/3/2019 Staff Report Proposed Amended CDC Bylaws 10/3/2019 Staff Report CITY OF ANNA, TEXAS RESOLUTION NO. ,,fjj1-53a A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, APPROVING THE ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS AS APPROVED AND ADOPTED BY THE ANNA COMMUNITY DEVELOPMENT CORPORATION ON JANUARY 3, 2019 WHEREAS, the City Council of the City of Anna, Texas ("the City Council") recognizes that on January 3, 2019 the Anna Community Development Corporation ("CDC') passed a resolution adopting amendments to the Anna Community Development Corporation Bylaws; and WHEREAS, the City Council has determined that said Bylaws should be approved; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals incorporated. The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. CDC Bylaws approved. The City Council hereby approves the Anna Community Development Corporation Bylaws as amended by the CDC on January 3, 2019 and as attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna this`;, day of 2019. `"�U�N►�I��IHrr�/ APPROVED: �,.�`� OF AIV', TTEST: Nate Pike, Mayor = * : Cagie L. Smith, City Secretary CITY COUNCIL OF ANNA, TEXAS RESOLUTION NO.8 30, PAGE 1 OF 1 ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS These Bylaws govern the affairs of the Anna Community Development Corporation (hereinafter referred to as the "Corporation"), a public instrumentality and a non-profit corporation created under Section 4B of the Development Corporation Act of 1979, Article 5190.6 of the Revised Civil Statutes of Texas, as amended and recodified (hereinafter referred to as the "Act"). Article 1. PURPOSES AND POWERS Section 1. Registered Office and Registered Agent. The Corporation shall have and continuously maintain in the State of Texas a registered office and a registered agent whose office is identical with such registered office, as required by law. The Board of Directors of the Corporation (the "Board") may, from time to time, change the registered agent and/or the address of the registered office, provided that such change is appropriately reflected in these Bylaws and in the Certificate of Formation of the Corporation (the "Certificate"). The registered office of the Corporation is located at 111 N. Powell Parkway, Anna, Texas 75409 and the Corporation's mailing address is Anna Community Development Corporation, P.O. Box 776, Anna, Texas 75409. The registered agent at such address is Jessica Perkins. Section 2. Principal Office. The principal office of the Corporation in the State of Texas shall be located in the City of Anna, Texas (the "City") and it may be, but need not be, identical with the registered office of the Corporation. Section 3. Purpose. The Corporation is incorporated as a non-profit corporation for the purpose set forth in the Certificate, the same to be accomplished on behalf of the City as its duly constituted authority and instrumentality in accordance with the Texas Development Corporation Act of 1979, Article 5190.6. Section 4B. Tex. Rev. Civ. Stat. Ann., as amended and recodified, (the "Act"), other applicable laws, and appropriate resolution adopted by the City Council of the City on the 27'h day of May, 2003, including all permissible projects prescribed by the Act, and for maintenance and operating costs of publicly owned and operated projects. Further, the Corporation shall be a non-profit corporation as defined by the Internal Revenue Code 1986, as amended, and the applicable regulations of the United States Treasury Department and the rulings of the Internal Revenue Service of the United States prescribed and promulgated thereunder. ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 1 of 15 pl,c Section 4. Powers. In the fulfillment of its corporate purpose, the Corporation shall be governed by the Act, and shall have all of the powers set forth and conferred in Section 4B of the Act, and in other applicable laws, subject to the limitations prescribed therein and herein and to the provisions thereof and hereof. Article II. BOARD OF DIRECTORS Section 1. Powers, Number and Term of Office. (a) The property and affairs of the Corporation shall be managed and controlled by the Board and, subject to the restrictions imposed by law, by the Certificate of Formation, and by these Bylaws. The Board shall exercise all of the powers of the Corporation. (b) The Board shall consist of seven Directors, each of whom shall be appointed by and serve at the pleasure of the City Council of the City of Anna, Texas (the "Council"). Each Director shall be a resident of the City of Anna. Three Directors shall be persons who are not employees, officers, or members of the governing body of the City. A majority of the entire membership of the Board is a quorum. The Board shall conduct all meetings within the boundaries of the City. The Board shall appoint officers as set forth in these Bylaws or that the City Council considers necessary. The Corporation's registered agent must be an individual residing within Collin County and the Corporation's registered office must be within the boundaries of the City. (c) All board members shall serve terms of two (2) years. A position held by a board member who also serves on the City Council shall automatically be vacated if the person holding the position is no longer a member of the council. Appointments to Places 1, 3, 5, and 7 shall be made in odd numbered years; appointment to Places 2. 4, and 6 shall be made in even numbered years. Appointments are to be effective as of July 1 of the year in which the appointment is to be made, except that appointments made to fill a vacancy are effective immediately upon appointment by the City Council. (d) Any Director may be removed from office and replaced by the City Council at will and without cause. Section 2. Vacancies and Resignations. ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 2 of 15 Vacancies The Board may make recommendations for the filling of vacancies to City Council Any vacancy occurring in the Board of Directors will be filled by /appointment of the City M1Councii. C�1 (b) Any Director may resign at any time. Such resignation shall be made in writing, addressed to the City Manager, the Chief Administrative office and/or the City Secretary, and shall take effect at the time specified therein, or if no time is specified therein, at the time of its receipt by the City Secretary. Commented [AS]: Tc match EDC bylaws ' Formatted: Normal Section 3. Meetings of Directors. The Directors may hold their meetings at such place or places in the City as the Board may from time to time determine; provided, however, in the absence of any such determination by the Board, the meetings shall be held at the principal office of the Corporation (City Hall) as specified in Article I of these Bylaws. Section 4. Notice of Meetings. (a) Regular monthly meetings of the Board shall be held +•,.o +e the DlreGtGrs at such times and places as shall be designated from time to time by the Board, provided, however, that a meeting need not be held during any given month if there is no business before the Board to necessitate a meeting. Special Meetings of the Board shall be held whenever called by the President, by a majority of the Directors, by the City Manager, by the Chief Administrative Officer, or by a majority of the City Council. Nothing contained in this Section 4 shall vitiate the notice requirements contained in Section 6 of this article. (b) Any member of the Board, officers of the Corporation, or City Manager may have an item placed on the agenda by delivering the same in writing to the Chief Administrative Officer no less than seven calendar days prior to the date of the Board meeting, subject to any additional rules that the Board may adopt by resolution. (c) The Chief Administrative Officer shall give notice to each director of each meeting at least seventy-two (72) hours before the meeting. A notice of a meeting posted in compliance with the Open Meetings Act shall be deemed satisfactory notice of such meeting to the directors. Unless otherwise indicated in the notice thereof, any and all matters pertaining to the purposes of the Corporation may be considered and acted upon at a meeting, subject to compliance with the Open Meetings Act. ttendanc of a Director at a meeting_------ commented [A2]: Added to Match EDC shall constitute a waiver of notice of such meeting, except where a Director attends a meeting for the express purpose of objecting to the transaction of any business on the grounds that the meeting is not lawfully called or convened. Neither the business to be transacted on nor the purpose of any Regular or Special Meeting of the Board need be specified in the notice or waiver of notice ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 3 of 15 of such meeting, unless required by the Board. A waiver of notice in writing, signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. (d) The Board shall hold its regular and special meetings, in the corporate limits of the City, at such place or places as the Board may from time to time determine, and in conformance with the Texas Open Meetings Act. ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 4 of 15 Section 5. Board Attendance. Directors must be present in order to vote at any meeting. Regular attendance at the Board meetings is required of all Directors. In the event that a Director has three (3) absences within a 12-month period the President, Vice President or Chief Administrative Officer will contact the Director to seek resolution. In the event consideration for replacement is indicated, the member will be counseled by the President, or, if applicable, the Vice President as applicable, and, subsequently, the President or Vice President shall submit in writing to the City Council that these Bylaws require the City Council to consider replacement of the Director in question. Section 6. Open Meetings Act. All meetings and deliberations of the Board shall be called, convened, held and conducted, and notice shall be given to the public, in accordance with the Texas Open Meetings Act Chapter 551, Texas Government Code. Notwithstanding any other provision of these Bylaws, notice of a Board meeting in compliance with the Open Meetings Act is deemed to satisfy any requirement to provide a Director with notice of a Board meeting. Section 7. Quorum. A majority of the entire membership of the Board constitutes a quorum for the conduct of the official business of the Corporation. The act of a majority of the Directors present at a meeting at which a quorum is in attendance shall constitute the act of the Board and of the Corporation, unless the act of a greater number is required by law or these Bylaws. Solely for an agenda item with which one or more Board members has a conflict of interest, the number of Board members required to be present to constitute a quorum for the purpose of transacting business is reduced by the number of Board members who are present but lack authority to vote on that item because of a conflict of interest. Section 8. Conduct of Business. (a) At the meetings of the Board, matters pertaining to the business of the Corporation shall be considered in accordance with rules of procedure as from time to time prescribed by the Board. Unless otherwise adopted by the Board, the rules of procedures of the City Council shall be the rules of procedure for the Board. (b) At all meetings of the Board, the President shall preside and, in the absence of the President, the Vice President shall exercise the powers of the President. (c) The Secretary of the Corporation shall act as Secretary of all meetings of the Board, but in the absence of the Secretary, the presiding officer may appoint any ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 5 of 15 person to act as Secretary of the meeting. The Secretary shall keep minutes of the transactions of the Board and committee meeting and shall cause such official minutes to be recorded in books kept for the purpose in the principal office of the Corporation. Section 9. Committees of the Board. There may be purely advisory standing committees of the Board as the Board from time to time creates. Each such advisory committee shall be composed of no more than two Directors and such other persons as may be chosen by the Board for their applicable abilities and experience. It is provided, however, that all final official actions of the Corporation may be exercised only by the Board. Each committee so designated shall keep regular minutes of the transaction of its meetings and shall cause such minutes to be recorded in books kept for that purpose in the principal office of the Corporation. Section 10. Compensation of Directors. Officers who are members of the Board shall not receive any salary or compensation for their services. Section 11. Conflict of Interest. In the event that a Director is aware that he/she has a conflict of interest or potential conflict of interest, with regard to any particular matter or vote coming before the Board, the Director shall bring the same to the attention of the Board and shall abstain from discussion and voting thereon. Section 12. Implied Duties. The Board is authorized to do that which the Board deems desirable in compliance with the Act, subject to City Council approval, to accomplish any of the purposes or duties set out or alluded to in the Certificate, these Bylaws, and in accordance with State law and any code of ethics adopted by the City. Section 13. Board's Relationship with the City. In accordance with state law, the Board shall be responsible for the proper discharge of its duties assigned herein. The Board shall determine its policies and directives within the limitations of the duties herein imposed by applicable laws, the Certificate, these Bylaws, contracts entered into with the City, and budget and fiduciary responsibilities. Any request for services made to the departments of the City shall be made by the Board or its designee in writing to the City Council. The City Council may approve such request for assistance from the Board when it finds such requested services are available within the City and that the Board has agreed to reimburse the City for the cost of such services so provided, as provided by Article III, Section 7 of these Bylaws. ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 6 of 15 Article III. OFFICERS Section 1. Titles and Term of Office. (a) The officers of the Corporation shall be a President, a Vice President, a Secretary, a Treasurer, a Chief Administrative Officer and such other officers as the Board may from time to time elect or appoint. One person may hold more than one office, except that the President shall not hold the office of Secretary. Terms of office shall be one year with the right of an officer to be reelected. (b) All officers shall be subject to removal from office at any time by a vote of a majority of the entire Board. (c) A vacancy in the office of any officer shall be filled by a vote of a majority of the Directors. Section 2. Powers and Duties of the President. The President shall be the presiding officer of the Board with the following authority: (a) shall preside over all meetings of the Board. (b) shall have the right to vote on all matters coming before the Board. (c) shall have the authority, upon notice to the members of the Board, to call a special meeting of the Board when, in his/her judgment, such meeting is required. (d) shall have the authority to appoint standing committees to aid and assist the Board in its business efforts or on other matters incidental to the operation and functions of the Board. (e) shall have the authority to appoint ad hoc committees which may address issues of a temporary nature of concern or which have a temporary affect on the business of the Board. In addition to the above -mentioned duties, the President shall sign, along with the Secretary of the Board, any deed, mortgage, bonds, contracts or other instruments which the Board has approved, unless the execution of said document has been expressly delegated to some other officer or agent of the Corporation by appropriate Board resolution, by a specific provision of these Bylaws, or by statute. In general, the President shall perform all duties incident to the office and such other duties as shall be prescribed from time to time by the Board. Section 3. Vice President. ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 7 of 15 The Vice President shall exercise the powers of the President during that officer's absence or inability to act. The Vice President shall also perform other duties as from time to time may be assigned by the President of the Board. Section 4. Secretary. The Secretary, or other person or entity designated by the Board, shall keep, or cause to be kept, at the registered office, a record of the minutes of all meetings of the Board and of any committees of the Board. The Secretary shall also file a copy of said minutes with the City, and same is to be given in accordance with the provisions of these Bylaws, the Texas Open Meetings Act, the Texas Public Information Act, or other applicable law. The Secretary shall sign, along with the President of the Board, any deed, mortgage, bonds, contracts or other instruments which the Board has approved. Section 5. Treasurer. The Treasurer, or other person or entity designated by the Board, shall have charge and custody of and be responsible for all funds and securities of the Corporation; shall receive and give receipt for money due and payable to the Corporation from any source whatsoever, and shall deposit all such monies in the name of the Corporation in such bank, trust corporation, and or other depositories as shall be specified in accordance with Article V, Section 3 of these Bylaws. The Treasurer or other person or entity designated by the Board, shall, in general, perform all duties incident to that office, and such other duties as from time to time may be assigned by the President of the Board. Section 5.A. Chief Administrative Officer The Chief Administrative Officer shall be nominated by the City Manager and appointed by the Board to fill those duties and responsibilities as the Board may set forth by Resolution. Section 6. Employees. The Corporation may employ such full or part-time employees as needed to carry out the programs of the Corporation. These employees shall perform those duties as are assigned to them by the Board. The Board shall hire, direct and control the work of all Corporation employees. Section 7. Contract for Service. (a) The Corporation may, with approval of the City Council, contract with any qualified and appropriate person, association, corporation, or governmental entity to perform and discharge designated tasks which will aid or assist the Board in the performance of its duties. However, no such contract shall ever be approved or entered into which seeks or attempts to divest the Board of its discretion and policy -making functions in discharging the duties hereinabove set forth in this Section. ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 8 of 15 (b) Subject to the authority of the City Council and the City Manager under the Charter of the City, the Corporation may request to utilize the services of the staff and employees of the City, provided: (1) that the City Council approves of the utilization of such services; (2) that the Corporation shall pay, as approved by the City Council, reasonable compensation to the City; and (3) the performance of such services does not materially interfere with the other duties of such personnel of the City. (c) Utilization of the aforesaid City staff shall be solely by contract approved by the City Council. Article IV. EX-OFFICIO MEMBERS Section 1. Ex-Officio Members. — - Formatted: Justified The Mayor and City Manager or their respective designees, sand any City Council ; ; Formatted: Font color: Red member r other appropriate person or entity designated by the Board may attend all meetings of the Board or committees, including Formatted: Font color: Red but not limited to executive or closed meetings, but shall not have the power to vote in the meetings unless such Council member is also a member of the Board. Their attendance shall be for the purpose of insuring that information about the meetings is accurately recorded and communicated to the City Council as may be appropriate and necessary. Article V. FUNCTIONAL CORPORATE DUTIES AND REQUIREMENTS Section 1. Annual Corporation Budget. At least 60 days prior to the commencement of each fiscal year of the Corporation, the Board shall adopt a proposed budget of expected revenues and proposed expenditures for the next ensuing fiscal year. The budget shall contain such classifications and shall be in such form as may be prescribed from time to time by the City Manager for inclusion with the annual budget of the City and submitted to the City Council. The budget shall not be effective until the same has been approved by the City Council. The annual budget shall be adopted at the fund level and amendments within the fund_„. - I Formatted: Font color: Red can be made and approved by the Chief Administrative Officer. Any amendments that would result in an increase of total adopted expenditures shall be approved by the board and city council. ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 9 of 15 Section 2. Books, Records, Audits. (a) The Corporation shall keep and properly maintain, in accordance with generally accepted accounting principles, complete books, records, accounts, and financial statements pertaining to its corporate funds, activities and affairs. (b) At the direction of the City Council, the, books, records, accounts and financial statements of the Corporation may be maintained for the Corporation by the City Manager or the City Manager's designee. (c) The Corporation shall cause its books, records, accounts and financial statements to be audited at least once each fiscal year by an outside, independent auditing and accounting firm selected by the City. Such audit shall be at the expense of the Corporation. Audit copies are to be filed with the City. (d) All books, records, accounts, and financial statements shall be kept and administered in accordance with the Texas Public Information Act, Chapter 552, Texas Government Code, as amended. Any member of the City Council, Mayor, City Manager, or Director or officer of the Corporation may inspect and receive copies of all books, and records of the Corporation. Section 3. Deposit and Investment of Corporate Funds. (a) All proceeds from the issuance of bonds, notes or other debt instruments ("Obligations") issued by the Corporation shall be deposited and invested as provided in the resolution, order, indenture or other documents authorizing or relating to their issuance. (b) All other monies of the Corporation shall be handled pursuant to the guidelines established by City policy or by the City Manager and shall be deposited, secured and/or invested in the manner provided for the deposit, security and for investment of the public funds of the City. The Board shall designate the accounts and depositories to be created and designated for such purposes of the Corporation upon the signature of its President and the Secretary and such other persons as the Board shall designate. The accounts, reconciliation and investment of such funds and accounts will be performed by the Corporation. Section 4. Expenditures of Corporate Money. (a) The monies of the Corporation, including sales and use taxes collected pursuant to the Act, the proceeds from the investment of the funds of the Corporation, the proceeds from the sale of property, monies derived from the repayment of loans, rents received from the lease or use of property, the proceeds derived from the sale of bonds, and other proceeds may be expended by the Corporation for any of the purposes authorized by the Act, subject to the following limitations: ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 10 of 15 (1) expenditures from the proceeds of bonds shall be identified and described in the orders, resolutions, indentures, or other agreements submitted to and approved by the City Council; (2) expenditures that may be made from a fund created from the proceeds of bonds, and expenditures of monies derived from sources other than the proceeds of bonds may be used for the purposes of financing or otherwise providing one or more projects, as defined in the Act; and (3) all other proposed expenditures shall be made in accordance with and shall be set forth in the annual budget required by these Bylaws or in contracts meeting the requirements of this Article, as approved by the City Council. (b) No bonds, including refunding bonds, shall be authorized or sold and delivered by the Corporation without the approval of the City Council. (c) All purchases above $50,000 must be purchased under formal competitive sealed bidding rules or as otherwise permitted by Texas Local Government Code, Chapters 252 and 271 or other applicable law. No bid process shall begin until approved by the Board. Section 5. Contracts. As provided in Section 4 above, the President and Secretary shall execute any contracts or other instruments which the Board has approved and authorized to be executed, provided, however, that the Board may, by appropriate resolution, authorize any other officer(s) or any other agent(s) to enter into a contract or execute and deliver any instrument in the name and on behalf of the Corporation. Such authority may be confined to specific instances or defined in general terms. When appropriate, the Board may grant a specific or general power of attorney to carry out action on behalf of the Board, provided, however, that no such power of attorney may be granted unless an appropriate resolution of the Board authorizes the same to be done. Section 6. Fiscal Year. The fiscal year of the Corporation shall begin on October 1 and end on September 30 of the following year. Section 7. Checks, Drafts and other Payments. (a) All checks, drafts or orders for the payment of money, notes or other evidences of indebtedness issued in the name of the Corporation shall be signed or approved by at least two of the following officers: the President, the City Manager (or a person designated by the City Manager), +"e nss,�+,. ++ the Gkv nn..nager or the Chief Administrative Officer. ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 11 of 15 (b) Only the Chief Administrative Officer the City Manager (or a person designated by the City Manager) are I& authorized to consummate transactions or make purchases at the point of sale on behalf of the Corporation and purchases must be approved for Corporation business. (c) This subsection shall apply with regard to purchases and contracts not in excess of $50,000, and for which formal competitive bidding procedures are not required. The Corporation will vote to authorize purchases and enter into contracts that do not exceed $50,000. All purchases between $5,000 $50,000 shall require at least three written bids/estimates if the purchase is not from a sole -source vendor. All purchases between $500 and $5,000 will be approved by the Corporation board. Purchases less than $500 can be approved by the Corporation President and the Chief Administrative Officer without approval of the Corporation board, but a reasonable effort will be made to seek approval from the board first. Only the Chief Administrative Officer is authorized to consummate transactions or make purchases at the point of sale on behalf of the Corporation, and any checks, drafts, orders for the payment of money, notes or other evidences of indebtedness must be signed in accordance with subsection (a) of this section before the Chief Administrative Officer may make such purchases. If the Chief Administrator Officer is not available to make a necessary purchase, the purchase may be made by the City Manager or the written designee of the City Manager. (d) Expenses for Director and Officer travel, meals, or similar expenses must be necessary to the Corporation's business, the details of which shall be approved in advance by the Chief Administrative Officer, reasonable and customary costs based on and are s bje- ^ per diem rates of the U. S. General Services Administration and the following limits: reasonable travel/transportation, lodging, seminar registration, meals, parking, highway tolls, car rental, and other Corporate business expenses approved by the Chief Administrative Officer. Further, such expenses shall be reimbursed only for necessary and reasonable actual costs as verified by expense receipts that clearly show the date of purchase, vendor, location of vendor, and explanation and itemization of expenses by price. The Chief Administrative Officer is authorized to require expense reports that require additional details regarding expenses. The following expenditures are not reimbursable expenses unless specifically authorized by Board vote: alcoholic beverages, personal employee or family expenses, sports and entertainment fees, donations, contributions, memberships, and any other expenditure not reasonably related to and necessary for the efficient conduct of City business. First class accommodations on public carriers shall not be authorized unless lesser fares are not available on required trips. The Chief Administrative Officer must be so notified and approve the additional expense. (e) At the discretion of the Chief Administrative Officer, funds may be advanced for anticipated travel expenses. Actual cost must be verified after the travel ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 12 of 15 by expense receipts as required in subsection (d) of this section. Allowable expenses exceeding the advance shall be reimbursed by the Corporation and advances exceeding the documented receipts shall be refunded to the Corporation. Receipts must be obtained for advance -funded expenses and said receipts must be delivered to the Chief Administrative Officer within 10 days of obtaining said receipts. (f) When approved in advance by the Chief Administrative Officer, as appropriate, members shall be paid mileage for use of personal vehicles on Corporation business at the standard mileage rate as set by the Internal Revenue Service annually. Corporation members must provide mileage totals to and from the event. Corporation members must provide evidence of liability and property damage insurance prior to such use. Section 8. Contributions. The Board may accept on behalf of the Corporation any contributions, grant or bequest to be used for the general purposes of or for any special purpose of the Corporation. Funds that may be used for special purposes shall include all funds from government grants or contracts and contributions designated by a donor for special purposes. All other funds shall be general funds. Article VI. MISCELLANEOUS PROVISIONS Section 1. Seal. The Board may obtain a corporate seal which bears the words "Corporate Seal of the Anna Community Development Corporation" and the Board may thereafter use the corporate seal and corporate name; but these Bylaws shall not be construed to require the use of the corporate seal. Section 2. Approval or Advice and Consent of the City Council. To the extent that these Bylaws refer to any action, approval, advice, or consent by the City or refer to action, approval, advice or consent by the City Council, such action, approval, advice or consent shall be evidenced by an approved motion, resolution or ordinance passed by the City Council and reflected in the minutes of the City Council. Section 3. Indemnification of Directors, Officers and Employees. (a) As provided in the Act and in the Certificate, the Corporation is, for the purposes of the Texas Tort Claims Act (Subchapter A, Chapter 101, Texas Civil Practices and Remedies Code), a governmental unit and its actions are governmental functions. ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 13 of 15 (b) The Corporation shall indemnify each and every member of the Board, its officers and its employees, and each member of the City Council and each employee of the City, to the fullest extent permitted by law against any and all liability or expense, including attorney fees, incurred by any of such persons by reason of any actions or omissions that may arise out of the functions and activities of the Corporation. This indemnity shall apply even if one or more of those to be indemnified was negligent or caused or contributed to cause any loss, claim, action or suit. Specifically, it is the intent of these Bylaws and the Corporation to require the Corporation to indemnify those named for indemnification, even for the consequences of the negligence of those to be indemnified, which caused or contributed to cause any liability. Indemnification and other protections provided by this subsection do not include indemnification for acts constituting gross negligence, reckless conduct, or criminal behavior. Nothing in this section creates any duty to indemnify or otherwise protect any person or entity performing work or otherwise acting as an independent contractor. (c) The Corporation must purchase and maintain insurance on behalf of any Director, officer, employee, or agent of the Corporation, or on behalf of any person serving at the request of the Corporation as a Board member, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against any liability asserted against that person in any such capacity or arising out of such status with regard to the Corporation, whether or not the Corporation has the power to indemnify that person against liability for any of those acts. Section 4. Code of Ethics. The Corporation's Board of Directors, and its officers, employees, and agents shall abide by and be subject to all ethical rules, requirements, and restrictions applicable to members of the City Council under federal, state or local law, including but not limited to the City's Home -Rule Charter and Code of Ethics, as amended. All such ethical rules, requirements, and restrictions shall be applicable to independent contractors of the Corporation in all dealings with the Corporation and with regard to all work performed for or at the direction of the Corporation. However, this section is not intended to nor shall it be interpreted to change the relationship between the Corporation and an independent contractor from that of independent corporation to employee. Section 5. Legal Construction. If any Bylaw provision is held to be invalid, Illegal or unenforceable in any respect, the invalidity, illegality or unenforceability shall not affect any other provision and the Bylaws shall be construed as if the invalid, illegal or unenforceable provision had not been included in the Bylaws. Article VII. EFFECTIVE DATE, AMENDMENTS Section 1. Amendments to Bylaws. Formatted: Font: Bold ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 14 of 15 These Bylaws may be amended or repealed and new Bylaws may be adopted by an affirmative vote of four of the authorized Directors serving on the Board, subject to the approval of the City Council. The City Council may amend these Bylaws at any time. Such amendments made by the City Council will be duly passed and adopted by approved motion, resolution or ordinance duly reflected in the minutes of the City Council and, thereafter, duly noted to the Board. Section 2. Dissolution of the Corporation. Upon dissolution of the Corporation, titles to or other interest in any real or personal property owned by the Corporation at such time shall vest in the City. Section 3. Effective Date. These Bylaws, having been adopted by resolution of the Corporation and OR the day Of , shall be effective upon approval by the City Council. APPROVED AND ADOPTED by the Anna Community Development Corporation by resolution on the day of 120194. ANNA CDC PRESIDENT ATTEST: ANNA CDC SECRETARY ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 15 of 15 ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS These Bylaws govern the affairs of the Anna Community Development Corporation (hereinafter referred to as the "Corporation"), a public instrumentality and a non-profit corporation created under Section 4B of the Development Corporation Act of 1979, Article 5190.6 of the Revised Civil Statutes of Texas, as amended and recodified (hereinafter referred to as the "Act"). Article I. PURPOSES AND POWERS Section 1. Registered Office and Registered Agent. The Corporation shall have and continuously maintain in the State of Texas a registered office and a registered agent whose office is identical with such registered office, as required by law. The Board of Directors of the Corporation (the "Board") may, from time to time, change the registered agent and/or the address of the registered office, provided that such change is appropriately reflected in these Bylaws and in the Certificate of Formation of the Corporation (the "Certificate"). The registered office of the Corporation is located at 111 N. Powell Parkway, Anna, Texas 75409 and the Corporation's mailing address is Anna Community Development Corporation, P.O. Box 776, Anna, Texas 75409. The registered agent at such address is Jessica Perkins. Section 2. Principal Office. The principal office of the Corporation in the State of Texas shall be located in the City of Anna, Texas (the "City") and it may be, but need not be, identical with the registered office of the Corporation. Section 3. Purpose. The Corporation is incorporated as a non-profit corporation for the purpose set forth in the Certificate, the same to be accomplished on behalf of the City as its duly constituted authority and instrumentality in accordance with the Texas Development Corporation Act of 1979, Article 5190.6. Section 4B. Tex. Rev. Civ. Stat. Ann., as amended and recodified, (the "Act"), other applicable laws, and appropriate resolution adopted by the City Council of the City on the 27t" day of May, 2003, including all permissible projects prescribed by the Act, and for maintenance and operating costs of publicly owned and operated projects. Further, the Corporation shall be a non-profit corporation as defined by the Internal Revenue Code 1986, as amended, and the applicable regulations of the United States Treasury Department and the rulings of the Internal Revenue Service of the United States prescribed and promulgated thereunder. ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 1 of 14 Section 4. Powers. In the fulfillment of its corporate purpose, the Corporation shall be governed by the Act, and shall have all of the powers set forth and conferred in Section 4B of the Act, and in other applicable laws, subject to the limitations prescribed therein and herein and to the provisions thereof and hereof. Article II. BOARD OF DIRECTORS Section 1. Powers, Number and Term of Office. (a) The property and affairs of the Corporation shall be managed and controlled by the Board and, subject to the restrictions imposed by law, by the Certificate of Formation, and by these Bylaws. The Board shall exercise all of the powers of the Corporation. (b) The Board shall consist of seven Directors, each of whom shall be appointed by and serve at the pleasure of the City Council of the City of Anna, Texas (the "Council"). Each Director shall be a resident of the City of Anna. Three Directors shall be persons who are not employees, officers, or members of the governing body of the City. A majority of the entire membership of the Board is a quorum. The Board shall conduct all meetings within the boundaries of the City. The Board shall appoint officers as set forth in these Bylaws or that the City Council considers necessary. The Corporation's registered agent must be an individual residing within Collin County and the Corporation's registered office must be within the boundaries of the City. (c) All board members shall serve terms of two (2) years. A position held by a board member who also serves on the City Council shall automatically be vacated if the person holding the position is no longer a member of the council. Appointments to Places 1, 3, 5, and 7 shall be made in odd numbered years; appointment to Places 2. 4, and 6 shall be made in even numbered years. Appointments are to be effective as of July 1 of the year in which the appointment is to be made, except that appointments made to fill a vacancy are effective immediately upon appointment by the City Council. (d) Any Director may be removed from office and replaced by the City Council at will and without cause. Section 2. Vacancies and Resignations. (a) Vacancies. The Board may make recommendations for the filling of vacancies to City Council. Any vacancy occurring in the Board of Directors will be filled by appointment of the City Council. ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 2 of 14 (b) Any Director may resign at any time. Such resignation shall be made in writing, addressed to the City Manager, the Chief Administrative office and/or the City Secretary, and shall take effect at the time specified therein, or if no time is specified therein, at the time of its receipt by the City Secretary. Section 3. Meetings of Directors. The Directors may hold their meetings at such place or places in the City as the Board may from time to time determine; provided, however, in the absence of any such determination by the Board, the meetings shall be held at the principal office of the Corporation (City Hall) as specified in Article I of these Bylaws. Section 4. Notice of Meetings. (a) Regular monthly meetings of the Board shall be held at such times and places as shall be designated from time to time by the Board, provided, however, that a meeting need not be held during any given month if there is no business before the Board to necessitate a meeting. Special Meetings of the Board shall be held whenever called by the President, by a majority of the Directors, by the City Manager, by the Chief Administrative Officer, or by a majority of the City Council. Nothing contained in this Section 4 shall vitiate the notice requirements contained in Section 6 of this article. (b) Any member of the Board, officers of the Corporation, or City Manager may have an item placed on the agenda by delivering the same in writing to the Chief Administrative Officer no less than seven calendar days prior to the date of the Board meeting, subject to any additional rules that the Board may adopt by resolution. (c) The Chief Administrative Officer shall give notice to each director of each meeting at least seventy-two (72) hours before the meeting. A notice of a meeting posted in compliance with the Open Meetings Act shall be deemed satisfactory notice of such meeting to the directors. Unless otherwise indicated in the notice thereof, any and all matters pertaining to the purposes of the Corporation may be considered and acted upon at a meeting, subject to compliance with the Open Meetings Act. Attendance of a Director at a meeting shall constitute a waiver of notice of such meeting, except where a Director attends a meeting for the express purpose of objecting to the transaction of any business on the grounds that the meeting is not lawfully called or convened. Neither the business to be transacted on nor the purpose of any Regular or Special Meeting of the Board need be specified in the notice or waiver of notice of such meeting, unless required by the Board. A waiver of notice in writing, signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 3 of 14 (d) The Board shall hold its regular and special meetings, in the corporate limits of the City, at such place or places as the Board may from time to time determine, and in conformance with the Texas Open Meetings Act. Section 5. Board Attendance. Directors must be present in order to vote at any meeting. Regular attendance at the Board meetings is required of all Directors. In the event that a Director has three (3) absences within a 12-month period the President, Vice President or Chief Administrative Officer will contact the Director to seek resolution. In the event consideration for replacement is indicated, the member will be counseled by the President, or, if applicable, the Vice President as applicable, and, subsequently, the President or Vice President shall submit in writing to the City Council that these Bylaws require the City Council to consider replacement of the Director in question. Section 6. Open Meetings Act. All meetings and deliberations of the Board shall be called, convened, held and conducted, and notice shall be given to the public, in accordance with the Texas Open Meetings Act Chapter 551, Texas Government Code. Notwithstanding any other provision of these Bylaws, notice of a Board meeting in compliance with the Open Meetings Act is deemed to satisfy any requirement to provide a Director with notice of a Board meeting. Section 7. Quorum. A majority of the entire membership of the Board constitutes a quorum for the conduct of the official business of the Corporation. The act of a majority of the Directors present at a meeting at which a quorum is in attendance shall constitute the act of the Board and of the Corporation, unless the act of a greater number is required by law or these Bylaws. Solely for an agenda item with which one or more Board members has a conflict of interest, the number of Board members required to be present to constitute a quorum for the purpose of transacting business is reduced by the number of Board members who are present but lack authority to vote on that item because of a conflict of interest. Section 8. Conduct of Business. (a) At the meetings of the Board, matters pertaining to the business of the Corporation shall be considered in accordance with rules of procedure as from time to time prescribed by the Board. Unless otherwise adopted by the Board, the rules of procedures of the City Council shall be the rules of procedure for the Board. (b) At all meetings of the Board, the President shall preside and, in the absence of the President, the Vice President shall exercise the powers of the President. ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 4 of 14 (c) The Secretary of the Corporation shall act as Secretary of all meetings of the Board, but in the absence of the Secretary, the presiding officer may appoint any person to act as Secretary of the meeting. The Secretary shall keep minutes of the transactions of the Board and committee meeting and shall cause such official minutes to be recorded in books kept for the purpose in the principal office of the Corporation. Section 9. Committees of the Board. There may be purely advisory standing committees of the Board as the Board from time to time creates. Each such advisory committee shall be composed of no more than two Directors and such other persons as may be chosen by the Board for their applicable abilities and experience. It is provided, however, that all final official actions of the Corporation may be exercised only by the Board. Each committee so designated shall keep regular minutes of the transaction of its meetings and shall cause such minutes to be recorded in books kept for that purpose in the principal office of the Corporation. Section 10. Compensation of Directors. Officers who are members of the Board shall not receive any salary or compensation for their services. Section 11. Conflict of Interest. In the event that a Director is aware that he/she has a conflict of interest or potential conflict of interest, with regard to any particular matter or vote coming before the Board, the Director shall bring the same to the attention of the Board and shall abstain from discussion and voting thereon. Section 12. Implied Duties. The Board is authorized to do that which the Board deems desirable in compliance with the Act, subject to City Council approval, to accomplish any of the purposes or duties set out or alluded to in the Certificate, these Bylaws, and in accordance with State law and any code of ethics adopted by the City. Section 13. Board's Relationship with the City. In accordance with state law, the Board shall be responsible for the proper discharge of its duties assigned herein. The Board shall determine its policies and directives within the limitations of the duties herein imposed by applicable laws, the Certificate, these Bylaws, contracts entered into with the City, and budget and fiduciary responsibilities. Any request for services made to the departments of the City shall be made by the Board or its designee in writing to the City Council. The City Council may approve such request for assistance from the Board when it finds such requested services are available within the City and that the Board has agreed to reimburse the City for the cost of such services so provided, as provided by Article III, Section 7 of these Bylaws. ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 5 of 14 Article III. OFFICERS Section 1. Titles and Term of Office. (a) The officers of the Corporation shall be a President, a Vice President, a Secretary, a Treasurer, a Chief Administrative Officer and such other officers as the Board may from time to time elect or appoint. One person may hold more than one office, except that the President shall not hold the office of Secretary. Terms of office shall be one year with the right of an officer to be reelected. (b) All officers shall be subject to removal from office at any time by a vote of a majority of the entire Board. (c) A vacancy in the office of any officer shall be filled by a vote of a majority of the Directors. Section 2. Powers and Duties of the President. The President shall be the presiding officer of the Board with the following authority: (a) shall preside over all meetings of the Board. (b) shall have the right to vote on all matters coming before the Board. (c) shall have the authority, upon notice to the members of the Board, to call a special meeting of the Board when, in his/her judgment, such meeting is required. (d) shall have the authority to appoint standing committees to aid and assist the Board in its business efforts or on other matters incidental to the operation and functions of the Board. (e) shall have the authority to appoint ad hoc committees which may address issues of a temporary nature of concern or which have a temporary affect on the business of the Board. In addition to the above -mentioned duties, the President shall sign, along with the Secretary of the Board, any deed, mortgage, bonds, contracts or other instruments which the Board has approved, unless the execution of said document has been expressly delegated to some other officer or agent of the Corporation by appropriate Board resolution, by a specific provision of these Bylaws, or by statute. In general, the President shall perform all duties incident to the office and such other duties as shall be prescribed from time to time by the Board. Section 3. Vice President. ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 6 of 14 The Vice President shall exercise the powers of the President during that officer's absence or inability to act. The Vice President shall also perform other duties as from time to time may be assigned by the President of the Board. Section 4. Secretary. The Secretary, or other person or entity designated by the Board, shall keep, or cause to be kept, at the registered office, a record of the minutes of all meetings of the Board and of any committees of the Board. The Secretary shall also file a copy of said minutes with the City, and same is to be given in accordance with the provisions of these Bylaws, the Texas Open Meetings Act, the Texas Public Information Act, or other applicable law. The Secretary shall sign, along with the President of the Board, any deed, mortgage, bonds, contracts or other instruments which the Board has approved. Section 5. Treasurer. The Treasurer, or other person or entity designated by the Board, shall have charge and custody of and be responsible for all funds and securities of the Corporation; shall receive and give receipt for money due and payable to the Corporation from any source whatsoever, and shall deposit all such monies in the name of the Corporation in such bank, trust corporation, and or other depositories as shall be specified in accordance with Article V, Section 3 of these Bylaws. The Treasurer or other person or entity designated by the Board, shall, in general, perform all duties incident to that office, and such other duties as from time to time may be assigned by the President of the Board. Section 5.A. Chief Administrative Officer The Chief Administrative Officer shall be nominated by the City Manager and appointed by the Board to fill those duties and responsibilities as the Board may set forth by Resolution. Section 6. Employees. The Corporation may employ such full or part-time employees as needed to carry out the programs of the Corporation. These employees shall perform those duties as are assigned to them by the Board. The Board shall hire, direct and control the work of all Corporation employees. Section 7. Contract for Service. (a) The Corporation may, with approval of the City Council, contract with any qualified and appropriate person, association, corporation, or governmental entity to perform and discharge designated tasks which will aid or assist the Board in the performance of its duties. However, no such contract shall ever be approved or entered into which seeks or attempts to divest the Board of its discretion and policy -making functions in discharging the duties hereinabove set forth in this Section. ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 7 of 14 (b) Subject to the authority of the City Council and the City Manager under the Charter of the City, the Corporation may request to utilize the services of the staff and employees of the City, provided: (1) that the City Council approves of the utilization of such services; (2) that the Corporation shall pay, as approved by the City Council, reasonable compensation to the City; and (3) the performance of such services does not materially interfere with the other duties of such personnel of the City. (c) Utilization of the aforesaid City staff shall be solely by contract approved by the City Council. Article IV. EX-OFFICIO MEMBERS Section 1. Ex-Officio Members. The Mayor and City Manager or their respective designees, and any City Council member or other appropriate person or entity designated by the Board may attend all meetings of the Board or committees, including but not limited to executive or closed meetings, but shall not have the power to vote in the meetings unless such Council member is also a member of the Board. Their attendance shall be for the purpose of insuring that information about the meetings is accurately recorded and communicated to the City Council as may be appropriate and necessary. Article V. FUNCTIONAL CORPORATE DUTIES AND REQUIREMENTS Section 1. Annual Corporation Budget. At least 60 days prior to the commencement of each fiscal year of the Corporation, the Board shall adopt a proposed budget of expected revenues and proposed expenditures for the next ensuing fiscal year. The budget shall contain such classifications and shall be in such form as may be prescribed from time to time by the City Manager for inclusion with the annual budget of the City and submitted to the City Council. The budget shall not be effective until the same has been approved by the City Council. The annual budget shall be adopted at the fund level and amendments within the fund can be made and approved by the Chief Administrative Officer. Any amendments that would result in an increase of total adopted expenditures shall be approved by the board and city council. ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 8 of 14 Section 2. Books, Records, Audits. (a) The Corporation shall keep and properly maintain, in accordance with generally accepted accounting principles, complete books, records, accounts, and financial statements pertaining to its corporate funds, activities and affairs. (b) At the direction of the City Council, the, books, records, accounts and financial statements of the Corporation may be maintained for the Corporation by the City Manager or the City Manager's designee. (c) The Corporation shall cause its books, records, accounts and financial statements to be audited at least once each fiscal year by an outside, independent auditing and accounting firm selected by the City. Such audit shall be at the expense of the Corporation. Audit copies are to be filed with the City. (d) All books, records, accounts, and financial statements shall be kept and administered in accordance with the Texas Public Information Act, Chapter 552, Texas Government Code, as amended. Any member of the City Council, Mayor, City Manager, or Director or officer of the Corporation may inspect and receive copies of all books, and records of the Corporation. Section 3. Deposit and Investment of Corporate Funds. (a) All proceeds from the issuance of bonds, notes or other debt instruments ("Obligations") issued by the Corporation shall be deposited and invested as provided in the resolution, order, indenture or other documents authorizing or relating to their issuance. (b) All other monies of the Corporation shall be handled pursuant to the guidelines established by City policy or by the City Manager and shall be deposited, secured and/or invested in the manner provided for the deposit, security and for investment of the public funds of the City. The Board shall designate the accounts and depositories to be created and designated for such purposes of the Corporation upon the signature of its President and the Secretary and such other persons as the Board shall designate. The accounts, reconciliation and investment of such funds and accounts will be performed by the Corporation. Section 4. Expenditures of Corporate Money. (a) The monies of the Corporation, including sales and use taxes collected pursuant to the Act, the proceeds from the investment of the funds of the Corporation, the proceeds from the sale of property, monies derived from the repayment of loans, rents received from the lease or use of property, the proceeds derived from the sale of bonds, and other proceeds may be expended by the Corporation for any of the purposes authorized by the Act, subject to the following limitations: ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 9 of 14 (1) expenditures from the proceeds of bonds shall be identified and described in the orders, resolutions, indentures, or other agreements submitted to and approved by the City Council; (2) expenditures that may be made from a fund created from the proceeds of bonds, and expenditures of monies derived from sources other than the proceeds of bonds may be used for the purposes of financing or otherwise providing one or more projects, as defined in the Act; and (3) all other proposed expenditures shall be made in accordance with and shall be set forth in the annual budget required by these Bylaws or in contracts meeting the requirements of this Article, as approved by the City Council. (b) No bonds, including refunding bonds, shall be authorized or sold and delivered by the Corporation without the approval of the City Council. (c) All purchases above $50,000 must be purchased under formal competitive sealed bidding rules or as otherwise permitted by Texas Local Government Code, Chapters 252 and 271 or other applicable law. No bid process shall begin until approved by the Board. Section 5. Contracts. As provided in Section 4 above, the President and Secretary shall execute any contracts or other instruments which the Board has approved and authorized to be executed, provided, however, that the Board may, by appropriate resolution, authorize any other officer(s) or any other agent(s) to enter into a contract or execute and deliver any instrument in the name and on behalf of the Corporation. Such authority may be confined to specific instances or defined in general terms. When appropriate, the Board may grant a specific or general power of attorney to carry out action on behalf of the Board, provided, however, that no such power of attorney may be granted unless an appropriate resolution of the Board authorizes the same to be done. Section 6. Fiscal Year. The fiscal year of the Corporation shall begin on October 1 and end on September 30 of the following year. Section 7. Checks, Drafts and other Payments. (a) All checks, drafts or orders for the payment of money, notes or other evidences of indebtedness issued in the name of the Corporation shall be signed or approved by at least two of the following officers: the President, the City Manager (or a person designated by the City Manager), or the Chief Administrative Officer. ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 10 of 14 (b) Only the Chief Administrative Officer the City Manager (or a person designated by the City Manager) are authorized to consummate transactions or make purchases at the point of sale on behalf of the Corporation and purchases must be approved for Corporation business. (c) This subsection shall apply with regard to purchases and contracts not in excess of $50,000, and for which formal competitive bidding procedures are not required. The Corporation will vote to authorize purchases and enter into contracts that do not exceed $50,000. All purchases between $5,000 $50,000 shall require at least three written bids/estimates if the purchase is not from a sole -source vendor. All purchases between $500 and $5,000 will be approved by the Corporation board. Purchases less than $500 can be approved by the Corporation President and the Chief Administrative Officer without approval of the Corporation board, but a reasonable effort will be made to seek approval from the board first. Only the Chief Administrative Officer is authorized to consummate transactions or make purchases at the point of sale on behalf of the Corporation, and any checks, drafts, orders for the payment of money, notes or other evidences of indebtedness must be signed in accordance with subsection (a) of this section before the Chief Administrative Officer may make such purchases. If the Chief Administrator Officer is not available to make a necessary purchase, the purchase may be made by the City Manager or the written designee of the City Manager. (d) Expenses for Director and Officer travel, meals, or similar expenses must be necessary to the Corporation's business, the details of which shall be approved in advance by the Chief Administrative Officer, reasonable and customary costs based on per diem rates of the U. S. General Services Administration and the following limits: reasonable travel/transportation, lodging, seminar registration, meals, parking, highway tolls, car rental, and other Corporate business expenses approved by the Chief Administrative Officer. Further, such expenses shall be reimbursed only for necessary and reasonable actual costs as verified by expense receipts that clearly show the date of purchase, vendor, location of vendor, and explanation and itemization of expenses by price. The Chief Administrative Officer is authorized to require expense reports that require additional details regarding expenses. The following expenditures are not reimbursable expenses unless specifically authorized by Board vote: alcoholic beverages, personal employee or family expenses, sports and entertainment fees, donations, contributions, memberships, and any other expenditure not reasonably related to and necessary for the efficient conduct of City business. First class accommodations on public carriers shall not be authorized unless lesser fares are not available on required trips. The Chief Administrative Officer must be so notified and approve the additional expense. (e) At the discretion of the Chief Administrative Officer, funds may be advanced for anticipated travel expenses. Actual cost must be verified after the travel by expense receipts as required in subsection (d) of this section. Allowable ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 11 of 14 expenses exceeding the advance shall be reimbursed by the Corporation and advances exceeding the documented receipts shall be refunded to the Corporation. Receipts must be obtained for advance -funded expenses and said receipts must be delivered to the Chief Administrative Officer within 10 days of obtaining said receipts. (f) When approved in advance by the Chief Administrative Officer, as appropriate, members shall be paid mileage for use of personal vehicles on Corporation business at the standard mileage rate as set by the Internal Revenue Service annually. Corporation members must provide mileage totals to and from the event. Corporation members must provide evidence of liability and property damage insurance prior to such use. Section 8. Contributions. The Board may accept on behalf of the Corporation any contributions, grant or bequest to be used for the general purposes of or for any special purpose of the Corporation. Funds that may be used for special purposes shall include all funds from government grants or contracts and contributions designated by a donor for special purposes. All other funds shall be general funds. Article VI. MISCELLANEOUS PROVISIONS Section 1. Seal. The Board may obtain a corporate seal which bears the words "Corporate Seal of the Anna Community Development Corporation" and the Board may thereafter use the corporate seal and corporate name; but these Bylaws shall not be construed to require the use of the corporate seal. Section 2. Approval or Advice and Consent of the City Council. To the extent that these Bylaws refer to any action, approval, advice, or consent by the City or refer to action, approval, advice or consent by the City Council, such action, approval, advice or consent shall be evidenced by an approved motion, resolution or ordinance passed by the City Council and reflected in the minutes of the City Council. Section 3. Indemnification of Directors, Officers and Employees. (a) As provided in the Act and in the Certificate, the Corporation is, for the purposes of the Texas Tort Claims Act (Subchapter A, Chapter 101, Texas Civil Practices and Remedies Code), a governmental unit and its actions are governmental functions. (b) The Corporation shall indemnify each and every member of the Board, its officers and its employees, and each member of the City Council and each employee of ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 12 of 14 the City, to the fullest extent permitted by law against any and all liability or expense, including attorney fees, incurred by any of such persons by reason of any actions or omissions that may arise out of the functions and activities of the Corporation. This indemnity shall apply even if one or more of those to be indemnified was negligent or caused or contributed to cause any loss, claim, action or suit. Specifically, it is the intent of these Bylaws and the Corporation to require the Corporation to indemnify those named for indemnification, even for the consequences of the negligence of those to be indemnified, which caused or contributed to cause any liability. Indemnification and other protections provided by this subsection do not include indemnification for acts constituting gross negligence, reckless conduct, or criminal behavior. Nothing in this section creates any duty to indemnify or otherwise protect any person or entity performing work or otherwise acting as an independent contractor. (c) The Corporation must purchase and maintain insurance on behalf of any Director, officer, employee, or agent of the Corporation, or on behalf of any person serving at the request of the Corporation as a Board member, officer, employee, or agent of another corporation, partnership, joint venture, trust, or other enterprise, against any liability asserted against that person in any such capacity or arising out of such status with regard to the Corporation, whether or not the Corporation has the power to indemnify that person against liability for any of those acts. Section 4. Code of Ethics. The Corporation's Board of Directors, and its officers, employees, and agents shall abide by and be subject to all ethical rules, requirements, and restrictions applicable to members of the City Council under federal, state or local law, including but not limited to the City's Home -Rule Charter and Code of Ethics, as amended. All such ethical rules, requirements, and restrictions shall be applicable to independent contractors of the Corporation in all dealings with the Corporation and with regard to all work performed for or at the direction of the Corporation. However, this section is not intended to nor shall it be interpreted to change the relationship between the Corporation and an independent contractor from that of independent corporation to employee. Section 5. Legal Construction. If any Bylaw provision is held to be invalid, Illegal or unenforceable in any respect, the invalidity, illegality or unenforceability shall not affect any other provision and the Bylaws shall be construed as if the invalid, illegal or unenforceable provision had not been included in the Bylaws. Article VII. EFFECTIVE DATE, AMENDMENTS Section 1. Amendments to Bylaws. These Bylaws may be amended or repealed and new Bylaws may be adopted by an affirmative vote of four of the authorized Directors serving on the Board, subject to the ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 13 of 14 approval of the City Council. The City Council may amend these Bylaws at any time. Such amendments made by the City Council will be duly passed and adopted by approved motion, resolution or ordinance duly reflected in the minutes of the City Council and, thereafter, duly noted to the Board. Section 2. Dissolution of the Corporation. Upon dissolution of the Corporation, titles to or other interest in any real or personal property owned by the Corporation at such time shall vest in the City. Section 3. Effective Date. These Bylaws, having been adopted by resolution of the Corporation and shall be effective upon approval by the City Council. APPROVED AND ADOPTED by the Anna Community Development Corporation by resolution on the day of 12019. ANNA CDC PRESIDENT ATTEST: ANNA CDC SECRETARY ANNA COMMUNITY DEVELOPMENT CORPORATION BYLAWS Page 14 of 14 ANNA COMMUNITY DEVELOPMENT CORPORATION RESOLUTION NO. 0 - I - &0 1 A RESOLUTION OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION AMENDING THE BYLAWS OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION WHEREAS, the Anna Community Development Corporation ("CDC") is authorized to amend its Bylaws under Art. V11, Sec. 1 of the Bylaws Anna Community Development Corporation; and WHEREAS, the CDC desires to amend said Bylaws; NOW THEREFORE, BE IT RESOLVED BY THE ANNA COMMUNITY DEVELOPMENT CORPORATION THAT: Section 1. Recitals Incorporated. The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Amendments to the Corporation's Bylaws. The CDC Board of Directors hereby approves amending the Bylaws of the Anna Community Development Corporation as set forth in Exhibit A, attached hereto, subject to approval by the City of Anna City Council. PASSED AND APPROVED by the Anna Community Development Corporation on this the 3' day of October 2019. APPROVED: ATTEST: / h -11010J�/ Anth Richar on Rocio Gonzal CDC President CDC Secretary ANNA CDC RESOLUTION NO. Page 1 of 1 AMENDED BYLAWS OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION ARTICLE 1 PURPOSE AND POWERS Section 1,01. Purpose. The Anna Community Development Corporation (the "Corporation") is a public instrumentality and a non-profit corporation created under the Development Corporation Act, codified in Title 12, Subtitle Cl of the Texas Local Government Code (the "Act"), and operating under Chapters 501, 502 and 505 of the Act and other applicable law. Section 1.02. Powers. In the fulfillment of its corporate purpose, the Corporation shall be governed as a Type B corporation under the Act and shall have all the powers set forth and conferred in its Amended Certificate of Formation, in the Act, and in other applicable law, subject to the limitations prescribed under applicable law and these bylaws. ARTICLE II BOARD OF DIRECTORS Section 2.01. Powers Number, and Term of Office (a) The property and affairs of the Corporation shall he managed and controlled by a Board of Directors (the "Board") and, subject to the restrictions imposed by law; by the Amended Certificate of Formation and by these bylaws, the Board shall exercise all of the powers of the Corporation. (b) The Board shall consist of seven (7) directors, each of whom shall be appointed by the City Council (the "City Council"). At least three (3) members of the Board shall be persons who are not members of the City Council and who are not employees or officers of the City. (c) Directors shall serve staggered two (2) year terms with four (4) positions commencing service during odd years and three (3) positions commencing service during even years, effective July 1, or until a successor(s) is(are) appointed by the City Council. (d) Any director may be removed from office by the City Council at any time without cause. (e) Any director or officer may resign at any time. Such resignation shall be made in writing and shall take effect at the time specified therein, or, if no time be specified, at the time of its receipt by the City Manager, Economic Development Director, and/or City Secretary. The acceptance of a resignation shall not be necessary to make it effective, unless expressly so provided in the resignation. (f) Any vacancy occurring on the Board through death, resignation or otherwise shall be filled by appointment by the City Council and the director appointed to fill any such vacancy shall serve the remainder of the unexpired term. Section 2.02. Meetings of Directors. The directors may hold their meetings at such place or places as the Board and/or the Economic Development Director determines; provided, however, in the absence of any such determination by the Board and/or the Economic Development Director, the meetings shall be held at the principal office of the Corporation as specified in Article V of these bylaws. Section 2.03. Notice of Meetings to Directors. Regular meetings of the Board shall be held without the necessity of notice to directors at such time and places as shall be designated from time to time by the Board. Special meetings of the Board shall be held whenever called by the president, by a majority of the directors, by the City Manager, or by a majority of the City Council. Section 2.04 Board Attendance. A director who is absent from three consecutive regular meetings, or 25% of regularly scheduled meetings during the 12-month period immediately preceding and including the absence in question, without explanation acceptable to a majority of the other members, must forfeit his or her position on the board. Section 2.05. Open Meetings Act. All meetings and deliberations of the Board shall be called, convened, held, and conducted, and notice shall be given to the public, in accordance with the Texas Open Meetings Act, Chapter 551 of the Texas Government Code, as amended. Section 2.06. Quorum. A majority of the entire membership of the Board of Directors shall constitute a, quorum for the conduct of the official business of the Corporation. The act of a majority of the directors present at a meeting at which a quorum is in attendance shall constitute the act of the Board and of the Corporation, unless the act of a greater number is required by law. Section 2.07. Conduct of Business. (a) At the meetings of the Board, matters pertaining to the business of the Corporation shall be considered in accordance with rules of procedure as from time to time prescribed by the Board. (b) At all meetings of the Board, the president shall preside; provided that in the absence of the President, the Vice President shall preside; and further provided that in the absence of the President and Vice President, the directors present at the meeting may appoint a director to preside at such meeting. (c) The secretary of the Corporation shall act as secretary of all meetings of the Board, but in the absence of the secretary, the presiding officer may appoint any person to act as secretary of the meeting. Section 2.08. Committees of the Board. The Board may designate two (2) or more directors to constitute an official committee of the Board to exercise such authority of the Board as may be specified by Board resolution. It is provided, however, that all final, official actions of the Corporation may be exercised only by the Board. Each committee so designated shall keep regular minutes of the transactions of its meetings and shall cause such minutes to be recorded in books kept for that purpose in the principal office of the Corporation. Section 2.09. Compensation of the Directors. Directors shall not receive any salary or compensation for their services as directors. However, they shall be reimbursed for their actual expenses incurred in the performance of their official duties as directors. Section 2.10. Ethics; Conflict.of Interest. Directors shall strictly adhere to the Anna Code of Ethics, as adopted and as may be amended by the City Council (the "Ethics Code"). In the event that a director is aware that he/she has a conflict of interest under applicable law or Ethics Code, with regard to any particular matter or vote coming before the Board, the director shall bring the same to the attention of the Board and shall abstain from discussion and voting thereon. Any director shall bring to the attention of the Board any apparent conflict of interest or potential conflict of interest of any other director, in which case the Board shall determine whether a true conflict of interest exists before any finther discussion or vote shall be conducted regarding that particular matter. The director about whom a conflict of interest question has been raised shall refrain from voting with regard to the determination as to whether a true conflict exists. Section 2.11. Ex-Officio Members. The Mayor and City Manager or their respective designees, and any City Council member or other appropriate person or entity designated by the Board may attend all meetings of the Board or committees, including but not limited to executive or closed meetings, but shall not have the power to vote in the meetings unless such Council member is also a member of the Board. Their attendance shall be for the purpose of insuring that information about the meetings is accurately recorded and communicated to the City Council as may be appropriate and necessary. ARTICLE III OFFICERS Section 3.01. Titles and Terms of Office. (a) The officers of the Corporation shall be a president, a vice president, a secretary, and a treasurer, and such other officers as the board may from time to time elect or appoint. One person may hold more than one office, except that the president shall not held the office of secretary or assistant secretary. Terms of offices shall be one (1) year with the right of an officer to be re-elected. Such officers shall be elected annually after annual appointments or reappointments to the Board have been completed by the Council. (b) All officers are subject to removal from office at any time by a vote of a majority of the entire Board. (c) A vacancy in the office of any officer shall be filled by a vote of a majority of the directors. Section 3.02. Powers and Duties of the President. The president shall be the presiding officer of the Board, shall preside at all meetings of the Board, and may sign with the secretary in the name ofthe Corporation, all contracts, conveyances, franchises, bonds, deeds, mortgages, notes and other instruments, which the Board has approved, unless the execution of said document has been expressly delegated to another officer or agent of the Corporation by resolution, a provision of these bylaws, or statute. Section 3.03. Vice President. The vice president shall have such powers and duties as may be prescribed by the Board and shall exercise the powers of the president during that officer's absence or inability to act. Any action taken by the vice president in the performance of the duties of the president shall be conclusive evidence of the absence or inability to act of the president at the time such action was taken. Section 3.04. Secre . The secretary shall keep the minutes of all meetings of the Board in books provided for that purpose, shall give and serve all notices, may sign with the president in the name of the Corporation, and/or attest the signature thereto, all contracts, conveyances, franchises, bonds, deeds, mortgages, notes and other instruments of the Corporation, shall have charge of the corporate books, records, documents and instruments, except the books of account and financial records and securities, and such other books and papers as the Board may direct, all of which shall at all reasonable times be open to public inspection upon application at the office of the Corporation during business hours, and shall in general perform all duties incident to the office of secretary subject to the control of the Board. Section 3.05. Treasurer. The treasurer shall have the responsibility to see to the handling, custody, and security of all funds and securities of the Corporation in accordance with these bylaws. When necessary or proper, the treasurer may endorse and sign, on behalf of the Corporation, for collection or issuance, checks, notes and other obligations in or drawn upon such bank, banks or depositories as shall be designated by the Board consistent with these bylaws. The treasurer shall see to the entry in the books of the Corporation full and accurate amounts of all monies received and paid out on account of the Corporation. The treasurer shall, at the expense of the Corporation, give such bond for the faithful discharge of his/ her duties in such form and arnount as the Board or the City Council may require. Section 3.06. Board Positions. The president, the vice president, and the secretary shall be named from among the members of the Board. The Treasurer may, at the option of the Board, be persons other than members of the Board, and may be employees of the City. Section 3.07. Compensation. Officers who are members of the Board shall not receive any salary or compensation for their services, except that they shall be reimbursed for their actual expenses incurred in the performance of their official duties as officers. Section 3.08. Economic Development Director. The Economic Development Director shall be a full-time employee of the City and shall be the chief administrative officer of the Corporation, responsible for all daily operations and implementation of Board policies and resolutions. The Economic Development Director shall be appointed and managed by the City Manager. The Economic Development Director shall attend all called Board meetings and perform those duties and functions, as the Board shall prescribe. ARTICLE IV FUNCTIONAL CORPORATE DUTIES AND REQUIREMENTS Section 4.01. General Corporate Duties and Authori . (a) In carrying out its purposes, the Corporation shall be authorized to exercise all rights and powers granted under its Amended Certificate of Formation, in the Act, and in other applicable law, subject to the limitations prescribed therein and herein and to the provisions thereof and hereof, as well as the purposes set out in the voted proposition. (b) Any and all agreements between the Corporation and other parties shall be authorized, executed, approved, and delivered in accordance with applicable law; provided, that, prior to the authorization or execution of any such agreement a copy thereof shall be provided to the City. (c) Unless otherwise approved by the City Council in accordance with Section 4.05(c) of this Article, all construction and other contracts let or entered into by the Corporation shall be let or entered into in accordance with the laws applicable to the letting or entering into of contracts by the City. Section 4.02. Annual. Corporate Bud. et. (a) At least sixty (60) days prior to the commencement of each fiscal year of the Corporation, the Board shall adopt a proposed budget of expected revenues and proposed expenditures for the next ensuing fiscal year. The budget shall contain such classifications and shall be in such form as may be prescribed from time to time by the City Manager. The budget shall not be effective until the same has been approved by the City Council. (b) The annual budget shall be adopted at the fund level and amendments within the fund can be made and approved by the Economic Development Director. Any amendments that would result in an increase of total adopted expenditures shall be approved by the Board and City Council. Section 4.03. Books Records Audits. (a) The Corporation shall keep and properly maintain, in accordance with generally accepted accounting principles, complete books, records, accounts, and financial statements pertaining to its corporate funds, activities, and affairs. (b) At the direction of the City Council, the books, records, accounts and financial statements of the Corporation may be maintained for the Corporation by the accountants, staff, and personnel of the City. (c) The Corporation, or the City if the option described in subsection (b) is selected, shall cause its books, records, accounts, and financial statements to be audited at least once each fiscal year by an outside, independent, auditing and accounting firm selected by the City. Such audit shall be at the expense of the Corporation. Section 4.04 Deposit and Investment of Corporate Funds. (a) All proceeds from loans or from the issuance of bonds, notes, or other debt instruments ("Obligation") issued by the Corporation shall be deposited and invested as provided in the resolution, order, indenture, or other documents authorizing or relating to their execution or issuance. (b) Subject to the requirements of contracts, loan agreements, indentures, or other agreements securing Obligations, all other monies of the Corporation, if any, shall be deposited, secured, and/or invested in the manner provided for the deposit, security, and/or investment of the public funds of the City. The Board shall designate the accounts and depositories to be created and designated for such purposes, and the methods of withdrawal of funds therefrom for use by and for the purposes of the Corporation upon the signature of its treasurer and such other persons as the Board shall designate. The accounts, reconciliation, and investment of such funds and accounts shall be performed by the Department of Finance of the City. Section 4.05. Expenditures of Corporate Money. The monies of the Corporation, including sales and use taxes collected by the Corporation, monies derived from rents received from the lease or use of property, the proceeds from the investment of funds of the Corporation, the proceeds from the sale of property, and the proceeds derived from the sale of Obligations, may be expended by the Corporation for any of the purposes authorized by the Act, subject to the following limitations: (a) Expenditures from the proceeds of obligations issued or incurred by the Corporation shall be identified and described in the orders, resolutions, indentures, or other agreements submitted to and approved by the City Council prior to the execution of loan or financing agreements or the sale and delivery of the Obligations to the purchasers thereof required by Section G of this Article; (b) Expenditures that may be made from a fund created with the proceeds of obligations, and expenditures of monies derived from sources other than the proceeds of obligations may be used for the purposes of financing or otherwise providing one or more "Projects," as defined in applicable provisions of the Act, or other authorized purposes of the Corporation. The specific expenditures shall be described in a resolution or order of the Board and shall be made only after approval thereof by the City Council unless such expenditures are set forth in the annual budget required by Section 2 of this Article or in contracts meeting the requirements of Section 1 (d) of this Article; (c) All other proposed expenditures shall be made in accordance with and shall be set forth in the annual budget required by Section 4.02 or in contracts meeting the requirements of Section 4.01 (c) of this Article or the City's Financial Policies; provided, however, that any expenditure for Goods or Services costing $50,000 or more shall not be required to be completely bid or otherwise let or governed under Chapter 252 and/or Chapter 271 of the Texas Local Government if such expenditure has received approval of the City Council by duly adopted resolution. (d) The Corporation may spend no more than ten percent (10%) of the corporate revenues for promotional purposes and may contract with others to carry out programs consistent with the purposes and duties set out in these bylaws and as set out by the Act. Unexpended revenue specifically set aside for promotional purposes in past years may be expended without violating the ten percent (10%) cap. The City Council may oversee expenditures in any manner authorized by the Act. Section 4.06. Fiscal Policy. The Corporation will adhere to the City's Financial Policy to guide the overall financial condition and operations of the Corporation. Section 4.07. Issuance of Obligations. No obligations, including refunding obligations, shall be authorized or sold and delivered by the Corporation unless the City Council shall approve such obligations by action taken no more than 60 (sixty) days prior to the date of delivery of such obligation or refunding obligations. ARTICLE V MISCELLANEOUS PROVISIONS Section 5.01. Principal Office. (a) The principal office and the registered office of the Corporation shall be 111 N. Powell Parkway, Anna, TX 75409. (b) The Corporation shall have and shall continually designate a registered agent at its registered office, as required by the Act. Section 5.02. Fiscal Year. The fiscal year of the Corporation shall be the same as the fiscal year of the City. Section 5.03. Seal. The seal of the Corporation shall be as determined by the Board. Section 5.04. Approval or Advice and Consent of the Cijy Council. To the extent that these bylaws refer to any approval by the City or refer to advice and consent by the City Council, such advice and consent shall be evidenced by a certified copy of a resolution, order or motion duly adopted by the City Council. Section 5.05. Services of City Staff and Officers. The Corporation shall have the right to utilize the services of the City Attorney, the City Secretary, and City Manager, provided (i) that the Corporation shall pay reasonable compensation to the City for such services, and (ii) the performance of such service does not materially interfere with the other duties of such personnel of the City. Section 5.06. Indemnification of Directors Officers and Employees. (a) As provided in the Act and in the Amended Certificate of Formation, the Corporation is, for the purposes of the Texas Tort Claims Act (Subchapter A, Chapter 101, Texas Civil Practices and Remedies Code), a governmental unit and its actions are governmental functions. (b) The Corporation shall indemnify each and every member of the Board, its officers, and its employees, and each member of the City Council and each employee of the City, to the fullest extent permitted by law, against any all liability or expense, including attorneys' fees, incurred by any of such persons by reason of any actions or omissions that may arise out of the functions and activities of the Corporation. (c) The Corporation may purchase and maintain insurance for the Corporation and on behalf of any person who is or was a director, officer, employee or agent of the Corporation or who is or was serving at the request of the Corporation as a director, officer, employee, agent or similar position, against any liability asserted against him or her or incurred by him or her in such capacity or arising out of his or her status as such, whether or not the Corporation would have the power to indemnify him or her against that liability under the Business Corporation Act Article 2.02-1. If such insurance is obtained, the insurance may be procured, maintained or established with an insurer deemed appropriate by the Board of Directors. In the absence of fraud, the judgment of the Board of Directors as to the terms and conditions of the insurance shall be conclusive. Section 5.07. Inte retation of Bylaws. These bylaws and all the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein. If any word, phrase, clause, sentence, paragraph, section or other part of these bylaws, or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of these bylaws and the application of such word, phrase, clause, sentence, paragraph, section or other part of these bylaws to any other person or circumstance shall not be affected thereby. ARTICLE VI EFFECTIVE DATE, AMENDMENTS Section 6.01. Effective Date. These bylaws shall become effective upon the occurrence of the following events: (a) the approval of these bylaws by the City Council; and (b) the adoption of these bylaws by the Board. Section 6.02 Amendments to Bylaws. These bylaws may be amended at any time and from time to time by majority vote of the Board of Directors with approval of the City Council. These amended bylaws were duly adopted by the Board at a duly noticed public meeting on the 3 `d day of (}tom 10 eIr- , 2019. APPROVED: Anthony Richardson President of CDC ATTESTED: Rocio Gonzalez Secretary of CD THE CITY OF Anna AGENDA ITEM: Item No. 5.i. City Council Agenda Staff Report Meeting Date: 10/15/2019 Approve a Resolution approving the Anna 455 Addition Block A, Lot 3 Final Plat. (Managing Director of Community Services Ashley Stathatos) SUMMARY: The Anna 455 Addition Block A, Lot 3 Final Plat is located in the F.T. Daffau Survey, Abstract No. 288. The plat contains approximately 1.29 acres covering a section of land at the Northwest section of Ferguson Pkwy and White St (FM 455), just West of the 7-11. The plat contains one lot which will be the future location of the Freedom Flex Car Wash. The submittal meets the City of Anna requirements. STAFF RECOMMENDATION: Approve a resolution approving the Anna 455 Addition Block A, Lot 3 Final Plat. ATTACHMENTS: Description Resolution Final Plat Location Map Upload Date Type 10/7/2019 Resolution 10/2/2019 Exhibit 9/30/2019 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF ANNA 455 ADDITION BLOCK A LOT 3. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Star Spangled Ventures, LLC has submitted an application for approval of a Final Plat of the Anna 455 Addition Block A Lot 3; WHEREAS, The Final Plat of Anna 455 Addition Block A Lot 3 generally conforms to the Preliminary Plat of Anna 455 Addition; WHEREAS, The Final Plat of Anna 455 Addition Block A Lot 3 conforms to the existing zoning; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Final Plat The City Council hereby approves the final plat of Anna 455 Addition Block A Lot 3 attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 15t" day of October 2019. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike 1/2 "IRF LENNAR HOMES OF TEXAS LAND AND CONSTRUCT/ON L TD 11.824 ACRES 20180614000736890 25' WATER AND SAN SEWER C/TY OF ANNA (RECORDED BY PLAT) 886.02' 1/2"IRF ,S W ANNA 455 COMMERCIAL LP 20.00 ACRES (REMAINDER) 20071205001623100 ANNA 455 COMMERCIAL LP 13.798 ACRES (TRACT //) 20121119001473740; 20121119001473750; 20121119001473760 0 O M M2"IRF LINE BEARING DISTANCE L1 N 00°56'40" E 18.30' L2 N 89°03'20" W 35.66' L3 S 00°56'40" W 214.24' L4 S 89°03'20" E 35.66' L5 N 00°54' 10" E 164.45' L6 S 00°54' 10" W 164.46' L7 S 89°03'20" E 24.00' 15' SAN SEWER C/TYOFANNA I 20170413000472260 AMENDED IN SEPERATE INSTRUMENT 188.00' 1/2 "IRF 20' SANSEWER CITY OF ANNA 20160607000708730 L2 -- L7-- r 60,0 C,� LOT 3 �tio° BLOCKA I I P�� �`;��'�� w a 1.29 A CRES I 4' ti° w y 10 lozQl Q~ lUJ yga I� UJM J Wm Q. Q W�'I °w �= ��I Qcc UJ IaNml o� I I I I I I I 41.62' G\C,� L4 _ 24' PERMANENT FIRE LANE ACCESS &� UTILITY ESMT. INSTR. 20160106000016870 15' PERMANENT WATER ESMT __I/ INSTR. NO. 20160106000016850 Al 89°03121" 15' WA TER EASEMENT 20160106000016860 0 O O M I ANNA 455ADDITION LOT 1, BLOCKA 1.261 ACRES 0 20161452 t y F I II I I J / POINT OF I VV 188.00 X' MARK CONTROL LINE FND. IN CONC. WHITE STREET F.M. 455 (VAR/ABLE WIDTH ROW) TXDOT ROW INSTR. NO. 20120608000684360 & 20120712000840560 BASIS OF BEARINGS: TEXAS COORD)NA TE SYSTEM NORTH CENTRAL ZONE NA 83 BEGINNING zt OO V k NQ kc SCALE: 1 "= 60 FEET 0' 60, 120' 18o' CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C 1 30.00' 47.22' 42.50' IS 43°57'42" E 90° 1 1' 10" C2 30.00' 46.33' 41.86' N 45°00'09" E 88°29'24" Owner's Certification THAT I, MANUEL ALEJANDRO CASTRO, CHIEF OPERATING OFFICER OF STAR SPANGLED VENTURES, LLC., acting herein by and through its duly authorized officers, does hereby adopt this plat designating the hereinabove described property as, an addition to the City of Anna, Texas, and does hereby dedicate, in fee simple, to the public use forever, the streets shown thereon. The streets are dedicated for street purposes. The easements and public use areas, as shown, are dedicated for the public use forever, for the purposes indicated on this plat. In addition, utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public's and City of Anna's use thereof. The City of Anna and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Anna and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time of procuring permission from anyone. That the undersigned does hereby covenant and agree that he (they) shall construct upon the fire lane easements, as dedicated and shown hereon, a hard surface and that he (they) shall maintain the same in a state of good repair at all times and keep the same free and clear of any structures, fences, trees, shrubs, or other improvements or obstruction, including but not limited to the parking of motor vehicles, trailers, boats, or other impediments to the access of fire apparatus. The maintenance of paving on the fire lane easements is the responsibility of the owner, and the owner shall post and maintain appropriate signs in conspicuous places along such fire lanes, stating "Fire Lane, No Parking." The police or his duly authorized representative is hereby authorized to cause such fire lanes and utility easements to be maintained free and unobstructed at all times for Fire Department and emergency use. The undersigned does covenant and agree that the access easement may be utilized by any person or the general public for ingress and egress to other real property, and for the purpose of General Public vehicular and pedestrian use and access, and for Fire Department and emergency use, in, along, upon, and across said premises, with the right and privilege at all times of the City of Anna, its agents, employees, workmen, and representatives having ingress, egress, and regress in, along, upon, and across said premises. This approved subject to all platting ordinances, rules, and regulations of the City of Anna, Texas. WITNESS my hand this the day of , 20_. MANUEL ALEJANDRO CASTRO CHIEF OPERATING OFFICER OF STAR SPANGLED VENTURES, LLC. STATE OF: COUNTY OF BEFORE me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared MANUEL ALEJANDRO CASTRO, known to me to be the person or persons whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in the capacity herein stated and the act and deed of said company. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of . 20 . Notary Public in and for My Commission Expires County CERTIFICATE OF APPROVAL APPROVED THIS DA Y OF MAYOR, CITY OF ANNA OWNER'S CERTIFICATION STATE OF TEXAS : COUNTY OF COLLIN: , 2019, BY THE CITY COUNCIL OF THE C/TYOFANNA, TEXAS C/TYSECRETARY BEING ALL THAT CERTAIN LOT TRACT OR PARCEL OF LAND LOCATED IN THE F.T. DAFFAU SURVEY, A-288, CITY OF ANNA, COLLIN COUNTY, TEXAS, BEING DESCRIBED AS ALL OF A CALLED 1.29 ACRE TRACT OF LAND DESCRIBED IN DEED TO STAR SPANGLED BANNER VENTURES, LLC., RECORDED IN INSTRUMENT # 2018102200112690 OF THE DEED RECORDS COLLIN, TEXAS (DRCCT). SAID LOT, TRACT OR PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING, AT A X' MARK FOUND IN THE NORTH LINE OF WHITE STREET, AT THE SOUTHWEST CORNER OF LOT 1, BLOCK A OF ANNA 455 ADDITION AS SHOWN IN PLAT RECORDED IN VOLUME 2016, PAGE 452 OF THE PLAT RECORDS COLLIN COUNTY, TEXAS, BEING THE SOUTHEAST CORNER OF THE ABOVE MENTIONED STAR SPANGLED BANNER VENTURES, LLC., TRACT AND THIS TRACT; THENCE, N 89"0321" W (CONTROL LINE), 188.00 FEET ALONG THE NORTH LINE OF WHITE STREET, BEING THE SOUTH LINE OF THIS TRACT TO A 112" IRON ROD FOUND AT THE SOUTHEAST CORNER OF THE ANNA 455 COMMERCIAL LP 20.00 ACRE TRACT (REMAINDER) RECORDED IN INSTRUMENT # 20071205001623100 OF THE DRCCT, BEING THE SOUTHWEST CORNER OF THE STAR SPANGLED BANNER VENTURES, LLC., TRACT AND THIS TRACT; THENCE, N 00°56'40" E, 300.00 FEET ALONG THE COMMON LINE OF THE ANNA 455 COMMERCIAL LP TRACT AND THIS TRACT TO A 112" IRON ROD FOUND IN THE SOUTH LINE OF THE LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION LTD 11.824 ACRE TRACTAS DESCRIBED IN DEED RECORDED IN INSTRUMENT# 20180614000736890 OF THE DRCCT, BEING THE NORTHWEST CORNER OF THE STAR SPANGLED BANNER VENTURES, LLC., TRACT AND THIS TRACT,• THENCE, S 89o03'20" E, 188.00 FEET ALONG THE COMMON LINE OF THE LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION LTD TRACT AND THIS TRACT TO A 112" IRON ROD FOUND AT THE NORTHWEST CORNER OF LOT 1 OF ANNA 455 ADDITION, BEING THE NORTHEAST CORNER OF THE STAR SPANGLED BANNER VENTURES, LLC., TRACT AND THIS TRACT; THENCE, S 00°56 40" W, 300.00 FEET ALONG THE COMMON LINE OF LOT 1 OF ANNA 455 ADDITION AND THIS TRACT TO THE POINT OF BEGINNING CONTAINING 1.29 ACRES OF LAND MORE OR LESS. OTE 4:9 FLOOD STATEMENT THIS TRACT DOES NOT LIE WITHIN A FLOOD HAZARD AREA AND IS IN A MINIMAL /�Q �� FLOOD HAZARD AREA KNOWN AS ZONE "X" AS INDICATED ON FEMA FIRM MAP ....... L COMMUNITY PANEL NO. 48085CO155 J. THIS STATEMENT IS BASED SOLEY ON THE FEMA FIRM MAP AND IS NOT INTENDED TO IMPLY THAT ANY FIELD VERIFICATION WAS MADE TO MAKE THIS DETERMINATION. GARY •••• ......... O42�7 QJ' . 9?O ESS 9��. SUS SURVEYORS CERT/F/CA TE /, GARYL. HARDIN, REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4207, DO HEREBY CERTIFY THA T THE PLA THEREON REPRESENTS THE RESUL TS OF A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION, THE LINES AND DIMENSIONS OF SAID PROPERTY BEING AS INDICATED. GARYL. HARDIN, RPLS NO. 4207 OWNERS/DEVELOPER MANUEL ALEJANDRO CASTRO STAR SPANGLED VENTURES, LL C. 2169 FAIR HILL DRIVE, ALLEN, TEXAS 75013 (914) 882-2746 manny@freedomflexcarwash.com FINAL PLA T LOT3 BLOCKA ANNA 455 A DDI TION THE STAR SPANGLED BANNER VENTURES, LLC. TRACT >. 29 A CRES FIRMREGISTRAVONNO. f0114700 F, T. DAFFAU SURVEY, A-288 HARDIN SURVEY/NG PO BOX 587 DATE PERFORMED: JUL Y26, 2019 MABANK, TEXAS 75147 SCALE: 1 "= 60 FEET (903) 887-5674 WORK ORDER # Y808043 DRAWN 8 K JH FIELDED BY: JT CHECKED BY.- TP ' � 1111111111111111� � ►111� , _ � � �1111111► �� _ 1111111111111111111 ►►►►I II: ME 111111111111 IIIII►11►j -C� 1111111 1111111�.. 1111►/► 1111 �� 111�_1111111111111111111� �►��IIIa=1111111- 111111111111 111� =�►1 = 1111111 �1111111111111111 �� �1111111- /I11111111111111111 � �=1111111 1�1� �11� � �IIIIII►� WHITE STREET (F.M. 4551 THE CITY OF Anna AGENDA ITEM: Item No. 5.j. City Council Agenda Staff Report Meeting Date: 10/15/2019 Approve a Resolution approving the Anna Crossing Phase 2 Amending Plat of Block K, Lot 1. (Managing Director of Community Services Ashley Stathatos) SUMMARY: The Anna Crossing Phase 2 Amending Plat is specifically for Block K, Lot 1 known as 1201 Sharp St. It is located in the Granderson Stark Survey, Abstract No. 798. The plat contains approximately 0.218 acres covering 1201 Sharp St which is at the Northeast corner of Sharp St and Tiana St. This is an amending plat of Block K, Lot 1 of the previously approved Final Plat in order to add a wall maintenance easement. The submittal meets the City of Anna requirements. STAFF RECOMMENDATION: Approve a resolution approving the Anna Crossing Phase 2 Amending Plat of Block K, Lot 1. ATTACHMENTS: Description Resolution Amending Plat Location Map Upload Date Type 10/7/2019 Resolution 10/3/2019 Exhibit 9/30/2019 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN AMENDING PLAT OF ANNA CROSSING PHASE 2 BLOCK K, LOT 1. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Pacesetter Homes has submitted an application for approval of an Amending Plat of Anna Crossing Phase 2 Block K, Lot 1; WHEREAS, The Amending Plat of Anna Crossing Phase 2 Block K, Lot 1 generally conforms to the Preliminary Plat of Anna Crossing Phase 2; WHEREAS, The Amending Plat of Anna Crossing Phase 2 Block K, Lot 1 conforms to the existing zoning; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Final Plat The City Council hereby approves the Amending Plat of Anna Crossing Phase 2 Block K, Lot 1 attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 15t" day of October 2019. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike LOT3 \ Anno Crossing Phase 1. 2018 Pg 884, 2 ( / / / PRCCT. / 1 LOT2 Anna Grassing Phase 2 Vo/ 2018, Pg. 884, P.R.C. C. T. CI \ \ / 37.46 0^ / �2 /lLl LOT 1 l Anna Crossing Phase 2 u L 2018, Pg 884, LOT 1 ism// Ems ,/$ 9494 Sq. Feet \ ; / 0.218 Acres / arm / L _ \ POINT OF L uw za�a ry4 eq* BEGINNING / — px col rye. \ to trey cemti---------- sore 19 sef ` \ C3 \ \ - Sharp Street 1 I _ LOT 19 I Anna Crossing Phase 2 VIA 2018, Pg, 884, PRCCT. LOT 18 I Anna Crossing Phase 2 LOT 17 1. 2018, Pg. 884, Anna Crossing Phase 2 P. R. C C T. V L 2018, Pg. 884, ' I I I P. At C. C T. I LOT 30 Anna Crossing Phase 2 V L 2016 Pg 884, P.R.CCT. LOT2 LOT3 Anna Crossing Phose 2 Anne Grassing. Phase 2 ✓o/ 2018, Pg. 884, Vol. 2018, Pg. 864, P.RCC 7. P.R.CCT. I I I I LOT 16 LOT 15 LOT 14 Anna Crossing Phase 2 Anna Crossing Phose 2 Me' Choosing Phase 2 ✓a/ 2018, Pg. 884, V L 2019, Pg. 884, `1. 2078, Pg. 884, P.R. C C T. P.R C C T. P.R. CO. T. Nolen 1) CM Is a controlling monument; 2) Source bearing per the plat of Anna Crossing Phase 2 recorded in Volume 2018, Page 884 of the Plat Records of County County, Texas; 3) No part of the subject property Iles within a Special Flood Hazard Area inundated by 100-year flood per Map Number 48085CO160J of the F.E.M.A. Flood Insurance Rate Maps for Collin County, Texas & Incorporated Area dated June 2, 2009. (Zone X); 4) This survey was performed without the benefit of Title. Commitment. And is subject to any all easements of record. Certificate of Approval Approved this _ - day of - - _ - 2019, by the City Council of the City of Anna, Texas. Mayor, City of Anna, Texas City Secretary METES & BOUNDS DESCRIPTION SITUATED in the State of Texas, County of Collin, and City of Anna, being part of the Granderson Stark Survey, Abstract No. 798, and being oil of Lot 1, Block K of Pnhe Crossing Phase I. an addition to the City ,f Anna, Collin County, Texas being a tract of land conveyed to Pacesetter Homes, LTC by deed recorded in D... ment No. 20181219001541060 of co the Deed Rerds of Collin Cou nlyTexas and being mar particulariy described ae follow'. BEGINNING at a Pk nail found for corner marking the intersection of the north nghl—bf—way line of Sharp Street and th canal right—of—way line of Tana Street and the southwest corner of said Lot 1; THENCE wth sad st 'ght of v y line and th. t line of said Lot 1 as follows. North 170251 E [ 3300 feel t 1/2 h irond st d "Room.' found for ,king the. beginning of a curve to the right, Northeasterly wth aNd to the right h g a d' f 375,00 feet a central gl t 10'35'21 an arc length of 6931 feet and a chord beonng. and distance of North 22'2 32' East 69.21 feet to a 1/2 'nom ran rod capped Rooms found for carver, and North 2738'13" East,20,75 feet to a 1 2 inch Iran rod dapped "Rooms" found for corner markin the southwest borne rof Lot 30 Black K of said Anna Crossin Phase 2 the / on ep 9 9 northwest corner of said Let I and the beginning of a cury to the left; THENCE with the ,,in line of Lot 30 th .north line of Lot I and with said curve havinga radius of 355,00 feet a central angle of O8'33'47° rc length of 53.06 feet and a 9 9 chord bearin and distance of South SE30'15" East, 53.01 feel to 0 1 2 mch iron rod co d 'Be.—'lound (or corner markin the noHhwest corner at net 2 Block K of said 0' 20' 40' 9 / Pas 9 Anna Crossing Ph... 2 and the northeast corner of said Lot 1: Scale: 1"=20' THENCE wiH, the west line of Lot 2 and the east line of Lot 1, South 0924*32' East, 120.00 feet to n 1/2 inch Iron rod capped 'Roams' found for corner in the nadh right—of—way line of Sharp Street and marking the southwest corner of Lot 2 and the southeast corner of Let 1; THENCE with said north right—of—way line and th esouth line of Lot 1 as follows: South 89`33'2B" West, 2.37 feet to a 1/2 inch iron rod capped 'Room," found far corner marking the beginning of curve to the right, and Northwesterly with said curve to the right having a radius of 475.00 feel, a central angle of 11'46'31", an arc length C 97.62 feet and a chord bearmg and allof'North 84'31'16' West, 97.45 feet to the POINT of BEGINNING and containing 0218 acres or 9,494 square feet of land, more ar less. OWNER'S CERTIFICATIONS NOW, THEREFORE, KNOW ALL MEAN BY THESE PRESENTS: THAT, Pacesetter Homes, LLC acting herein by and through it's duly authorized officers, does hereby adopt this plat designation the hearnabove described art s Re tat of Lad 1 Black A of Anna Croesin Phase 2 a addition to the City of Am'.. nna Texas and does hereby dedicate in fee sin le to the prop Y a P 9 n Y eye P pub a forever the streets and all. s shown thereon. The streets and alleys e dedicated for street s. The ants and ublic p y y purpose p shown a e dedicated for the Pub use forever for the indicate on this lot. In addition utilil ants m also be used for the mutual r. as P s PorP"fin P Y casein may and accommodation of all public utilities desiring to use u 9 the same unless the easement limits the u e to particular utilities, said use by public u[Ili nes being subordinate to the public's and City of Anna's use thereof. The City of Anna and public atilitmay in a shall have the right t rem and keep re oved all ea parts of any buildings, fences, trees, shrubs, I other improvements or growths which may in any way endanger o interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Anna and public utility entities shall at all times have the full right of ingre and egress to r from than especlive a se ants for the purpose of construction, r constructing, nspectinq, patrolling, aintaining, reading meter,,, and adding to or removing all or parts of their respective systems wmr.uut the necessity of any time of procuring permission from anyone. EXECUTED this __ day of 2019, STATE OF TEXAS COUNTY OF COLON BEFORE ME. the undersigned auth,nty, a Notary Public In and for the Slate of Texas, on this day personally appeared known to me to be the person whace name is subscribed te the foregoing instrument and acknowledged to me that he executed the same for the puryose and consideration therein expressed. GIVEN UNDER W HAND AND SEAL OF OFFICE, this __ day of ______ 2019. Notary Public for the State of Texas SURVEYOR'S CERTIFICATE THAT I, Miahael Cuzzo, do hereby certify that I prepared this plat from an actual and .,curate survey of the land and that the corner, monuments shown thereon shall be properly placed, under my personal supervision, in accordance with the subdivision reguialions of the City of Anne, Texas. Dated this _____ day of _________. 2019. STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, a Notary Public in and for the Stale of Texas, on this day personally appeared Michael Canada, known tome to be the person whose name ,s subscribed to the foregoing instrument and acknowledged is me that he executed the same for the purpose and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ — day of _ — — _ — 2019. Im- Legend a,,.eb dk� 1. kaa be b i, ,,xo, ®wM aer r 0 ae cue uateM OWNER Pacesetter Homes, LLC 14400 The Lakes Boulevard 8uilding C Suite 200 Pftuge..itle, Texas 78660 512-371-8937 Attn: Stuart Noms morns@pocesetterhomes. cam Amending Plat of Lot 1 Block K ofAnna Crossing Phase 2 0.2 18 Acres Being all of Lot 9, Block K ofAnna Crossing Phase 2 Recorded in Volume 2018, Page 884 PRCCT Granderson Stark Survey, Abstract No. 798 City of Anna, Collin County, Texas September 2019 * Amended to add Wall Maintenance Easement. SUR > Rooms Lend Surveying, inn. 2000 Ave G, Suite 810 Plano, Texas 75074 972-429-4372 Attn: Michael Cuzzo mike®ro—m c.com / F-Y SITE 41 THE CITY OF Anna AGENDA ITEM: Item No. 5.k. City Council Agenda Staff Report Meeting Date: 10/15/2019 Approve a Resolution approving the Oak Briar Addition Final Plat. (Managing Director of Community Services Ashley Stathatos) SUMMARY: The final plat for your review is located within Anna's extra territorial jurisdiction and is located specifically at 8188 County Road 513. The tract is in the William W. Roberts Survey, Abstract No. 785. It contains 5.003 acres in total and will contain 2 lots. This submittal meets the City of Anna requirements. STAFF RECOMMENDATION: Approve a resolution approving the Oak Briar Addition Final Plat. ATTACHMENTS: Description Resolution Final Plat Location Map Upload Date Type 10/7/2019 Resolution 10/3/2019 Exhibit 9/30/2019 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE OAK BRIAR ADDITION FINAL PLAT WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Christopher and Annie Chaddick have submitted an application for approval of the Oak Briar Addition Final Plat; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Final Plat. The City Council hereby approves the Oak Briar Addition Final Plat attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 15tn day of October 2019. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike THE CITY OF Anna AGENDA ITEM: Item No. 5.1. City Council Agenda Staff Report Meeting Date: 10/15/2019 Approve a Resolution approving the Vince Hagan Batch Plant Development Plat. (Managing Director of Community Services Ashley Stathatos) SUMMARY: The development plat for your review is located within Anna's extra territorial jurisdiction and is specifically located at 9024 County Road 418. The tract is in the D E W Babb Survey, Abstract No. 33 and contains 12.093 acres of land. The owner is proposing to put a new scale house/office building and batch plant on the property. The submittal meets the City of Anna development plat requirements. STAFF RECOMMENDATION: Approve a resolution approving the Vince Hagan Batch Plant Development Plat. ATTACHMENTS: Description Resolution Development Plat Location Map Upload Date Type 10/7/2019 Resolution 10/3/2019 Exhibit 10/2/2019 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE VINCE HAGAN BATCH PLANT DEVELOPMENT PLAT WHEREAS, in order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and WHEREAS, Alan Donaldson has submitted an application for approval of the Vince Hagan Batch Plant development plat; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Development Plat. The City Council hereby approves the Vince Hagan Batch Plant development plat attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 15tn day of October 2019. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike 1/2" IRON ROD FOUND rn C'4 3 P.O. B. 1/2" IRON_ ROD FOUND 0 30' RIGHT OF WAY DEDICATION m VOL 2013, PG. 50, O.P.R.C.C.T. 421' m 60' 00 o S2 U W 0 0 0 a I S 89'53'55" W 208 71' o 3 m LL -) o � JAMES F. HOUSTON AND 00 O PATRICIA A. WARTMAN b CALLED 0.694 AC. O DOC. NO. 94-0029986 O.P.R.C.C.T. Z 9024 C. R. 418 1/2" IRON ROD FOUND 1/2" IRON ROD FOUND N 00 PROPOSED n SCALE HOUSE DAVID E.W. BABB SURVEY, ABSTRACT NO. 33 N 89'32'01 " E 1.480.77' PROPOSED BATCH PLANT i PROPOSED CONCRETE WALL / / / LO S.G. JOHNDROE, III CALLED 1.002 AC. DOC. NO' 2001-0037064 O.P.R.C.C.T. METES AND BOUNDS DESCRIPTION / / / / o� / / LOT 1, BLOCK 1 CR 421 SUBSTATION ADDITION VOL. 2013, PG. 50 O.P.R.C.C.T. 0 CALLED ^12.093 AC. off` �0`/ �� / DOC. NO. 20190517000554290 0.P.R.C.C.T. / AREA / 526,763 SQ.FT. / 12.09 ACRES / S 89'57'32" W 1,263.50' NELSON BROS. READY MIX, LTD., R&R OWENS PROPERTIES, LTD. AND A & J OWENS, LTD., CALLED TRACT 1-11.26 AC. DOC. NO. 20140411000347930 O.P.R.C.C.T. Being 12.09 acres (526,763 Square Feet) of land out of David E.W. Babb Survey, Abstract 33, Collin County, Texas; being same tract of land conveyed to REDI-MIX LLC., Doc. No. 20190517000554290, deed records, Collin County, Texas, being more particularly described by metes and bounds as follows: Beginning at a 1/2 inch iron rod found in paved County Road 418, right of way (R.O.W.) (variable width) and the most westerly southwest corner of the herein described tract; Thence, North 00°12'14" West, 261.91 feet, to a 1/2-inch iron rod found marking the northwest corner of the herein described tract; Thence, North 89'32'01" East, 1,480.77 feet to a 1/2-inch iron rod found marking the northeast corner of the herein described tract; Thence, South 01'07'25" West, 377.11 feet to a 1/2-inch iron rod found marking the southeast corner of the herein described tract; Thence, South 89'57'32" West, 1,263.50 feet to a 1/2-inch iron rod found for corner; Thence, North 00'06'05" West, 104.35 feet to a 1/2-inch iron rod found for corner; Thence, South 89'53'55" West, 208.71 feet to the Point of Beginning and Containing 12.09 acres (526,763 Square Feet) of land. 0' 120' 240' Rockin' CT Land Surveying 500 W. Kilpatrick St. Cleburne, TX 76033 (817) 565-6681 EMAIL: rodreese@rockinct.com TPLS FIRM REGISTRATION NO. 101941-30 FLOOD INFORMATION MAP NUMBER: 48085CO160J REV. DATE: 06/02/2009 FIRM: 480130 PANEL: 0160 J ZONE: "NON -SHADED X" 1/2" IRON ROD FOUND 1/2" IRON ROD FOUND LEGEND • MONUMENT -0- POWER POLE —OHE— OVERHEAD POWER LINE P.O.B. POINT OF BEGINNING O.P.R.C.C.T. OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS. FLOOD INFORMATION PROVIDED HEREON IS BASED ON SCALING THE LOCATION OF THE SUBJECT TRACT ON THE FLOOD INSURANCE RATE MAPS, THE INFORMATION SHOULD BE USED TO DETERMINE FLOOD INSURANCE RATES ONLY AND IS NOT INTENDED TO IDENTIFY SPECIFIC FLOODING CONDITIONS. WE ARE NOT RESPONSIBLE FOR THE F.I.R.M.'S ACCURACY. SURVEYOR'S NOTES: 1. BEARINGS, DISTANCES AND COORDINATES SHOWN HEREON ARE TEXAS NORTH CENTRAL STATE PLANE NAD83 COORDINATE SYSTEM AS DETERMINED BY GPS OBSERVATION. 2. UTILITY LOCATIONS ARE OF VISIBLE EVIDENCE OBSERVED DURING FIELD VISITS. SURVEYOR PROVIDES NO WARRANTY AS TO THE OF UNDERGROUND UTILITIES FOR THIS SITE. 3. THIS SURVEY WAS COMPLETED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE. THERE MAY BE EASEMENTS, OR OTHER MATTERS, NOT SHOWN. 4. LAND OWNER UNDERSTANDS AND RECOGNIZES RIGHT OF WAY FOR PROPOSED ROAD AND WILL COMPLY WITH THE RIGHT OF WAY REQUIREMENTS IN THE FUTURE SHOULD THEY CHANGE. V= HAGM B= PLANT DEVELOPV= PLAT 9024 COUNTY ROAD 418, ANNA, TEXAS 75409 12.09 ACRES TRACT OF LAND OUT OF DAVID E.W. BABB SURVEY, ABSTRACT NO. 33, COLLIN COUNTY, TEXAS. u7 N 1� O O N LOT 36 CREEKSIDE ACRES PHASE II CABINET N, PAGE 667 O.P.R.C.C.T. LOT 35 LOCATION MAP KEITH LN COUNTY ROAD Collin SITE County 491 COLLIN COUNTY OUTER LOOP D1rt Road, Dirt Road N.T.S. ----- I, Rodric R. Reese, Registered Professional Land Surveyor No. 5883, do hereby certify that the map shown hereon was prepared under my direct supervision from a survey made on the ground, and that such map is an accurate P7 F 0 e0c., rE YT .y� .:................:.. RODRIC R. REESE :� 0 5883 . "Q p . Q- � E:::� SUR���10 V� 6 representation of the Subject property. OWNER: JEFF ROBERTS, REDI-MIX, LLC. ADDRESS: 331 N MAIN ST, EULESS TX 76039 PHONE#: (817) 835-4100 10/3/2019 PROJECT: 2019.003 VINCE HAGAN BATCH PLANT ------- — --=— —------------- Rodric R. Reese, R.P.L.S. No. 5883 Date DRAWN BY: CR DATE: 09/27/19 FIELD CREW: JJ DATE: 09/26/19 Rev.1-10/3/2019 Correct address SCALE: 1"=120' PAGE: 1 OF 1 THE CITY CIF Anna AGENDA ITEM: Item No. 5.m. City Council Agenda Staff Report Meeting Date: 10/15/2019 Approve a Resolution approving a site and landscape plan for the Anna Day Care located at 1229 W White St. (Managing Director of Community Services Ashley Stathatos) SUMMARY: Kevin Patel, the owner of the property, has submitted a site and landscape plan for Anna Day Care located at 1229 W White St. The site contains approximately 1.185 acres of land that is zoned SUP for a 8,425 SF daycare. Staff discovered the developer had not received approval for their site plan or landscape plan after construction of the building began. The developer was allowed to continue work on the building but was directed not to perform site work until the site plan and landscape plans were approved. To bring the site and landscape plans into compliance with city regulations, the developer worked through several issues with staff. One of the most pressing issues related to clear cutting down trees at Natural Springs Park between the dog park and the back of the grocery store. To rectify the incident, the developer agreed to planting three times the amount of trees required by city ordinance, putting in an irrigation system to water the trees and a 2-year warranty to replace any trees that die. Staff feels this was a fair resolution to the incident. All other issues have been resolved. Staff is in favor of the site and landscape plans and recommends approval. At a special called meeting by the Planning and Zoning Commission on September 19, 2019, the Planning and Zoning Commission approved the site and landscape plans and recommends approval as well. STAFF RECOMMENDATION: Approve a resolution approving the Anna Day Care site and landscape plan. ATTACHMENTS: Description Upload Date Type Resolution 10/7/2019 Resolution Site Plan 10/3/2019 Staff Report Landscape Plan 9/6/2019 Exhibit Building Elevations 9/6/2019 Exhibit Land Survey 9/5/2019 Exhibit Location Map 9/6/2019 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE ANNA DAY CARE SITE PLAN AND LANDSCAPE PLAN. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part III-C of the Anna City Code of Ordinances ("Zoning Ordinance"); and WHEREAS, Kevin Patel has submitted an application for approval of a site plan and landscape plan for the Anna Day Care; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Site and Landscape Plan The City Council hereby approves the site and landscape plan for the Anna Day Care attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 15th day of October, 2019. ATTEST: APPROVED: City Secretary, Carrie L Smith Mayor, Nate Pike DAYCARE DEVELOPMENT PLANS 0 50 100 nE%e S C A L E: 1" = 50' 0 m ACACIA DR. o ° Z J J O p3"'! O a O W. WHITE ST. m Y ® o W Q ° _J SITE wof o z J Y CL > Y K W w F m Q = J J LLI a z J N � Ll o co O 0 ° LL Uj VICINITY MAP NOT TO SCALE LEGENDS EX. BOUNDARY - EX. CURB EX. WATER MAIN 12" WTR EX. SANITARY SEWER 8" SEWER s S- EX. SEWER MANHOLE QO SSMH EX. ELECTRIC E E EX. POWER POLE PPo EX. STORM SEWER EX. 24" RCP EX. FIRE HYDRANT FH EX. STORM INLET 0 EX. WATER VALVE TWV EX. BOLLARD POST ,BP EX. LIGHT POLE LP EX. CLEAN -OUT Oco EX. GAS LINE EX. GAS METER LGV BOUNDARY LINE - PROP. CURB PROP. SAW -CUT - - PROP. WROUGHT IRON FENCE PROP. PIPE FENCE PROP. AREA LIGHT c� PROP. HANDICAP SIGN _Q_ PROP. HANDICAP LOGO, PROP.CONCRETE WHEEL STOP PROP.VONUVENT SIGN PIPE BOLLARD • PROP. WATER METER PROP.STORV INLET PROP. SEWER CLEAN OUT o C.O PROP. SEWER MANHOLE OSSMH PROP.BACK FLOW PREVENTER 14�0 PROP.RETAINING WALL WATER METER & SANITARY SEWER SCHEDULE ID TYPE SIZE NO. SAN. SEW. OD DOM. 2" 1 6" OIRR. 1" N/A N/A 5.225 ACRES BEING A PART OF LOT 2, BLOCK A, OF AUTOZONE ADDITION CITY OF ANNA, COLLIN COUNTY, TEXAS _EX. 8 SIDEWALK - PROP.STOPBAR & STOP SIGN. PROP. BARRIER WHITE STREET PROP. BARRIER _ - RELOCATED PARK 25 B.L., � + FREE RAMPS FARM TO MARKET ROAD NO, 455) FREE RAMPS rSIGN - VOL. 2008, 20' L.U.E., VOL. 2008, - = a (VAR/ABLEW/OTHRIGHT-OF-Wqy) 2-PARKING SPOTS II PC. 361, PG. 361,0.P.R.C.C.T. 0. P. R. C. C. T. 25' B.L., VOL. 2007, PG. 221j 20' L.E., VOL. 2007, PROP. 26.36' PROP. ELECTRICAL II -RESERVED FOR TRANSFORMER STACKING EX. 31' EX. 4" R p X O.P�R.C.C.T. rpo.221, O.P.R.C.C. 14 79' RIV 0.4 ' 76' 7.09' DRIVE J 2 WATER VT = ---.- S 6 ' W. ._. 4.81' R.O.W. ----___ I ---- v�l '�`ii EX. 24" RC. ---------I� i r^ I-----------L-- - --- - i - -_- R.O.W. EX. FIRE ■■ ■■�� TE _ SiWAL�f - j -- I ---- --- I - -� I- I �� - - - -- - r- - D _ _ _ HI}YDR7IANNrT� F. I I I ----- ----- - R.O.W. --------------------------- - __ r o OH - ■ I i I 30' A.E., --1----L_J__L_LJ-- 36 O%Q T ©� CONNECT TO EX. VOL. 2008, I V.W.A.E., _ _ I --- DRIVEWAY _ PG 361, ' VOL. 200 PROP. MONUMENT SIGN. I� - - 45' B.s - i PG. 221 ------------------------ o_P.R.C.C.T. I REFER ARCH. PLAN FOR DETAILS I 1■ _ - ■ c0 20' U.E.,-------- ---� - O.P.R.C.C. I 15' N N ----------A- I E--I--nrnr- - -,VOL. 2008, I , �- r �- r r-- E.E. _ 4' LOT 1 BLOCK A, �' �� --- - -' �► I I I PG. 361, I I O O.P.R.C.C.T. �j I _ AUTOZONE ADDITION, -L L� �J 'A 3 / _ ■.►� ■ VOL. 2007, PC; 991 IOC>� �I ! t /2�3 I I li O.P.R.0 PROP. 6' HIGN I --I - --- I I I LOT 4, BLOCK A, I I11 I; - WROUGHTco 11.2' ( I I ANNA MARKET CENTER, I ; I j IRON FENCE m ; BUILDING' �� o I I VOL. 2008, PG. 361, 10' U. ° �I PROPOSED ■ O.P.R.C.C.T. IN I - ■ I I I VOL. 2007, PG. 221, 26' DAYCARE I I I I V.W.A.E., - O.P.R.C.C.T 26' Y 8,425 S.F.GATE W/ �i VOL, 2007, , J ' PG. 221, A.U. � ONE STORY 5' HARDWARE ' I I PROP. STOP SIGN W I' PANIC O.P.R. C.C.T.I L� �� - 0 166 STUDENTS I I S.S.E.., Ip +�■ .. .. I I S.S.E.., VOL. 2008, - " �_ � F'ii ` F■� a J GM LOT 2R-4,13LOCK A -' AUTOZONE ADDITION ■ SIDEWALK VOL. 2008, I � I PG. 361, r - - �� ' ° PG. 361, I I I O.P.R.C.C.T. ■ I 10 B.S & L.S. 6 \ o i 1.185 ACRES (51,602 S.F.) i O.P.R.C.C.T. I -� ■ I FROM TO CITY ' 15' E. C.O. 10' U. I I END PROP. 6' HIGH i RR "' 16.1' - ------ _ VOL. 2008, I PG. 361, I CHAINLINK FENCE - x25' d- 15'L_a / r PROP. GAS METER , J FENCED O.P.R.C.C.T. I I AZEB ■ -/- - - - - - - BP BP BP PLAYGROUND - 1 I I TM ■ I BPBPS MH I I I 15' x 15' SHADE CANOPY I I r EX. 18 RCP r r r D.E., VOL. 2008, I r PG. 361, O.P.R.C.C.T. I I PROP. GREASE TRAP ---------JI 20 SHx AIDE' ■ 15' PROP. FIRE HYDRANT I IJ CANOPY I q �� I I I FDC 1 I 15'P D.E. N X \\ }I' I PROP. GATE IN FRONT I C, y rM SS I OF FIRE RISER ROOM IL I i' D. MH I 91 rj i _j ■ m 2008, I 5' SIDEWALK I 4.89' 18' ,6 ■ ID 3. 361, I ■ I RELOCATED I ;m 24' F.A.0 -- I I METAL END VARIABLE HEIGHT �j;t I VOL. 2004 LOT 5, BLOCK A, I BUILDING CURB RETAINING I 1 PC. 361, ANNA MARKET CENTER, I i i WALL. REFER PAVING �► �' i° 8' O.P.R.C.0 T «� 1 ■ 7❑. VOL. 2008, PG. 361, I LOT 2R-1, BLOCK A DETAILS II 1 O.P.R.C.C.T. i mI AUTOZONE ADDITION I I 0 9' L T > I ED 2.337 ACRES I I 15' , I I 1 P.D.E. ■ (101,815S.F.) I �■■�■■�.. W.E., BEGIN PROP. 6' HIGH I PROP. 6' HIGH 26 I I ry A.U.E. VOL. 2008, CHAINLINK FENCE I CHAINLINK I END CURB PG. 361, I ■ FENCE 0.P.R.C.C.T. I I i I I I LOT 2R-3 BLOC CITY OF ANNA, INST. NO. 200607140000982730, 0.P.R.C.C.T. 6"sto] a1-y1:� STOP SIGN R.O.W.-/ EXISTING DRIVE :may PROP. STREET HEADER FOR FUTURE PAVEMENT [24'F.A. END CURB U. E. BY SEPARATE INSTRUMENT PROP. 2-5'X5' BOX CULVERT, CULVERT HEADWALL & ROCK RIP -RAP BEGIN VARIABLE HEIGHT BLOCK RETAINING WALL. REFER PAVING DETAIL II END VARIABLE HEIGHT BLOCK RETAINING WALL. REFER PAVING DETAILS II PROP. & HIGH WROUGHT IRON FENCE PROP. HOSE BIBB W/BACK FLOW PREVENTER FOR DUMPSTER DRAIN EXISTING CREEK PROP. 15' DEEP & 7' HIGH MASONRY TRASH ENCLOSURE W/METAL GATES. j REFER ARCH. PLAN FOR DETAILS PROP. DOUBLE SITE LIGHT POLE (TYP.). REFER MEP PLAN FOR DETAILS - 1 I \ A. E., 15' D.E., K A, VOL. 2008, VOL. 2008, I AUTOZONE ADDITION, , I BEGIN VARIABLE HEIGHT CURB RETAINING I \ 0.518 ACRES PG. 361, PG. 361, 1 ■ I WALL. REFER PAVING DETAILS II 1 I '^\ 0.P.R.C.C.T. O.P.R.C.C.T. ■ 1 (22,578 S.F.) I \ \ 1 I �I ► I PROP. 31 SET / \ _ I IJ PROP. 4' CONCRETE I I I HEADWALL ---1-. I PILOT CHANNEL J I I -7 '- - _ \ --------------- LOT 1, BLOCK A, ■ , Y ANNA MARKET CENTER, ' I� ■ CV END CURB \\ \` VOL. 2008, PG. 361, I ■ J ■ 01 ; \ DO.P.R.C.C.T. VOL. 2008,J�' ��� 20' U.E., `� I I I I PROP. TYPE III \--- PG. 361, �,\VOL. 2008, ��\ \� I P.D.D.E. ; DEAD END BARRICADE O.P.R.C.C.T. ,PG. 361, / I I I 10' B.S & L.S. ■ \ -\ EXISTING CREEK \ `. O.P.R,.C.C.T. pl ■ \ / - p - L3 - D.U.E., VOL. 2008, Ex PROP. STREET HEADER � O.P R.C.C.T �y ; • FOR FUTURE PAVEMENT LOT 1, BLOCK A, l / ' ANNA MARKET CENTER, ,� �\ i / ■ PROP. 10' WIDE ACCESS VOL. 2008, PG. 361, ��/ i/ PROPOSED DRAINAGE RAMP TO THE DETENTION \ 0.P.R.C.C.T. ��� `` / EASEMENT / 1 1 �) /' LOT 2R-2, BLOCK A CITY OF ANNA, INST. NO. -'� % / AUTOZONE ADDITION o6 /� /� ,! 1.185 ACRES m ■ 200607140000982730, o / (51,602 S.F.) O.P.R.C.C.T. \' DEDICATION TO CITY . �I C'_- EX. FIRE HYDRANT ■ m LOT 9, BLOCK A, ANNA MARKET CENTER, c_n VOL. 2008, PG. 361, I �I 0.P.R.C.C.T. 1➢ 1 \� B.S & L.S. ■ ' L5 - - I ANNA COMMUNITY DEVELOPMENT \ - ' CORPORATION, I INST. NO. 2009033000036590, O.P.R.C.C.T. I I NOTE: A TXDOT PERMIT WILL BE REQUIRED FOR THE CONNECTION TO FM 455 AND THE DRAINAGE IMPROVEMENTS. PERMITS ARE SUBMITTED THROUGH CITY. I LEGEND PUBLIC UTILITY EASEMENT P.U.E. SANITARY SEWER EASEMNET S. E. PRIVATE DETENTION & DRAINAGE EASEMENT P.D.D.E. PRIVATE DRAINAGE EASEMENT P.D.E. WATERLINE EASEMENT W.E. CLEAN OUT C.O. GAS METER GM ELECTRICAL TRANSFORMER ET FIRE HYDRANT FH SANITARY SEWER MANHOLE SSMH STORM SEWER MANHOLE STMMH WATER VAULT EASEMENT W.V.E. ACCESS EASEMENT A.E. VARIABLE WIDTH ACCESS EASEMENT V.W.A.E. FIRE, ACCESS, & UTILITY EASEMENT F.A.U.E. UTILITY EASEMENT U.E. BUILDING LINE B.L. LANDSCAPE SETBACK L.S. FIRE DEPARTMENT CONNECTION F.D.C. FINISHED FLOOR ELEVATION F.F.E. F.A.U.E. HATCH ACCESS, & UTILITY EASEMENT A.U.E. A.U.E. HATCH OVERHANG O.H. LINE TABLE LINE NO. DIRECTION LENGTH L1 S87'05'00"E 144.69' L2 SO'07'00"E 534.66' L3 N87'20'00"W 142.93' L4 N2'40'00"E 211.72' L5 N87'20'00"W 265.62' L6 S2°21'13"W 574.47' L7 S87'05'01 "E 240.28' L8 N2'54'59"E 172.97' GENERAL NOTES 1. ALL CONSTRUCTION SHALL BE IN STRICT ACCORDANCE WITH THE STANDARDS OF THE CITY OF ANNA. 2. A PERMIT IS REQUIRED TO CUT A CITY STREET OR WORK WITHIN THE RIGHT-OF-WAY. THE PERMIT IS ISSUED BY THE PUBLIC WORKS DEPARTMENT. 3. THE LOCATION OF UNDERGROUND UTILITIES INDICATED ON THE PLANS IS TAKEN FROM PUBLIC RECORDS. IT IS THE CONTRACTOR'S RESPONSIBILITY TO MAKE ARRANGEMENTS WITH THE OWNERS OF SUCH UNDERGROUND UTILITIES PRIOR TO WORKING IN THE AREA TO CONFIRM THEIR EXACT LOCATION AND TO DETERMINE WHETHER ANY ADDITIONAL UTILITIES OTHER THAN THOSE SHOWN ON THE PLANS MAY BE PRESENT. THE CONTRACTOR SHALL PRESERVE AND PROTECT ALL UNDERGROUND UTILITIES. IF EXISTING UNDERGROUND UTILITIES ARE DAMAGED, THE CONTRACTOR WILL BE RESPONSIBLE FOR THE COST OF REPAIRING THE UTILITY. 4. WHERE EXISTING UTILITIES OR SERVICE LINES ARE CUT, BROKEN OR DAMAGED, THE CONTRACTOR SHALL REPLACE OR REPAIR THE UTILITIES OR SERVICE LINES WITH THE SAME TYPE OF ORIGINAL MATERIAL AND CONSTRUCTION, OR BETTER, UNLESS OTHERWISE SHOWN OR NOTED ON THE PLANS, AT HIS OWN COST AND EXPENSE. THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE ENGINEER AT ONCE OF ANY CONFLICTS IN GRADES AND ALIGNMENT. 5. ALL EXCAVATIONS, TRENCHING AND SHORING OPERATIONS SHALL COMPLY WITH THE REQUIREMENTS OF THE U. S. DEPARTMENT OF LABOR, OSHA, "CONST. SAFETY AND HEALTH REGULATIONS.", VOL. 29, SUBPART P. PG. 128 - 137, AND ANY AMENDMENTS THERETO. 6. ADEQUATE MEASURES SHALL BE TAKEN TO PREVENT EROSION. IN THE EVENT THAT SIGNIFICANT EROSION OCCURS AS A RESULT OF CONSTRUCTION THE CONTRACTOR SHALL RESTORE THE ERODED AREA TO ORIGINAL CONDITION OR BETTER. 7. THE CONTRACTOR SHALL RESTORE ALL AREAS DISTURBED BY CONSTRUCTION TO ORIGINAL CONDITION OR BETTER. RESTORED AREAS INCLUDE, BUT ARE NOT LIMITED TO TRENCH BACKFILL, SIDE SLOPES, FENCES, CULVERT PIPES, DRAINAGE DITCHES, DRIVEWAYS, PRIVATE YARDS AND ROADWAYS. 8. ANY CHANGES NEEDED AFTER CONSTRUCTION PLANS HAVE BEEN RELEASED, NEEDS TO BE APPROVED BY THE CITY ENGINEER. THESE CHANGES MUST BE RECEIVED IN WRITING FORM FROM THE DESIGN ENGINEER. 9. THE CONTRACTOR SHALL PROVIDE "RED LINED" MARKED PRINTS TO THE CITY PRIOR TO FINAL INSPECTION INDICATING ALL CONSTRUCTION WHICH DEVIATED FROM THE PLANS OR WAS CONSTRUCTED IN ADDITION TO THAT INDICATED ON THE PLANS. THESE RED LINES SHOULD ALSO BE SUBMITTED TO THE DEVELOPER'S ENGINEER SO THAT RECORD DRAWING CAN BE UPDATED & COMPLETED. SITE DATA SUMMARY CHART SITE DATA DAYCARE LOT 2R-4 LAND USE DESIGNATION PD-364-2008 (SUP 757-2017) PROPOSED ZONING PD-364-2008 (SUP 757-2017) PROPOSED USE DAYCARE NET ACERAGE 1.185 ACRES ( 51,602 S.F.) PROPOSED BUILDING AREAS 8,425 S.F. PROPOSED BUILDING HEIGHT 26-0" PERCENTAGE OF SITE COVERAGE 16.32 % PARKING REQUIREMENTS 1 / 5 KIDS REQUIRED PARKING 33 (166 KIDS) PROVIDED PARKING 33 (INCLUDING 2 HANDICAP) IMPERVIOUS COVERAGE 37,980 S.F. (73.60 %) OPEN SPACE/LANDSCAPE AREA 13,622 S.F. (26.40 %) OWNER/DEVELOPER ENGINEER AKMR ANNA STORAGE LLC TRIANGLE ENGINEERING LLC 1333 WEST MCDERMOTT DRIVE, SUITE 200 1333 MCDERMOTT DRIVE, SUITE 200 ALLEN, TEXAS 75013 ALLEN, TEXAS 75013 CONTACT: KEVIN PATEL CONTACT: KARTAVYA PATEL TEL: 214-609-9271 TEL: 214-609-9271 FAX: 214-998-7937 FAX: 214-998-7937 EMAIL: KPATEL@TRIANGLE-ENGR.COM EMAIL: KPATEL@TRIANGLE-ENGR.COM ARCHITECT SURVEYOR NCA PARTNERS -ARCHITECTURE 5646 A&W SURVEYORS, INC. MILTON STREET, SUITE 610 P.O. BOX 870029 DALLAS, TEXAS 75206 2220 GUS THOMASSON ROAD MESQUITE, TEXAS 75150 CONTACT: KYLE A. BRUNS CONTACT: JOHN S. TURNER TEL: (214) 361-9901 TEL: (972) 681-4975 LINE TABLE LINE NO. DIRECTION LENGTH L9 S87'05'01 "E 29.03' L 10 S2'45' 18"W 199.18' L11 S87'33'47"E 134.76' L12 S2'45'17W 162.39' L13 N87'48'51"W 266.68' NO. DATE DESCRIPTION BY 1 07/30/19 SITE PLAN SUBMITTAL KP 2 10/03/19 SITE PLAN SUBMITTAL KP SITE PLAN DAYCARE 1229 WEST WHITE STREET CITY OF ANNA COLLIN COUNTY. TEXAS TRIANGLE ENGINEERING LLC T: 214.609.9271 1 F: 469.359.6709 1 E: kpatel@triangle-engr.com W: triangle-engr.com 1 O: 1784 W McDermott Drive, Suite 110, Allen, TX 75013 Planning I Civil Engineering I Construction Management DESIGN DRAWN DATE SCALE PROJECT NO. SHEET LABEL KP DS 07/27/17 SEEBARALE 039 -17 TX PE FIRM #11525 3 E E C — — — — — — — — — — — — — — — — Q 30' A,E., VOL, 2008, PG. 361, .R.C.C.T. u ri 1 \ I T. LOT 4, BLOCK A, ANNA MARKET CENTER, VOL. 2008, PG. 361, O.P.R.C.C.T. e 008, 61, C.C.T. r J _LJI __L1_ � VWAE, von 2007, PG. 221, O.P.R C_C.T, LO/ B� AUTC9'N VO 10' U.E., I I VOL. 2008, I PG. 361, O.P.R.C.C.T. QI I BP_ BP BP _ BP BP BP BI I- - - TM IIH / D.E., 3 VOL.JO.P R.C. .T.PG.co I I I I I I I I JGM,J I I I I I I LOT 5, BLOCK A, I U) I NA MARKET CENTER, \ I J AN G. 361, I 06 I LOT 2R-1, B OCK A VOL. 2008, co O.P. .C.C.T. In I AUTOZO�IE DDITION I o 2.33 AC ES (101, 15.F.) II I I -. ,,.T. I A.E., 15' D.E. I VOL. 2008, v6\,2008, PG. 361, PG. 361, / O.P.R.C.C.T. 0.P.R.C\C.T.I , -7- CIO \ � LOT 1, BLOCK A, \ \ \\ ANNA MARKET CENTER, I \ VOL. 2008, PG. 361, I C I \ O.P.R.C.C.T. Q c� �11� 20' U.E., \ \�\ L. 2008, \ I � 0 Y�PG. 361,_ 02 REMOVE (3) 8" CALIPER 04/ 1 t� �` HACKBERRY TREES 15 k 03 16 05/ I \ REMOVE (1) 6" CALIPER OAK TREE REMOVE (1) 18" CALIPER • / 107 7 \ HACKBERRY TREE 14 18 k/k 7�y 12 13 17 /' 08\— 0 L / \ \v _ PROPOSED DRAINAGE //� 09 I / EASEMENT \ lLOT 2R-2 REMOVE (3) 8" CALIPER ) BLOCK A HACKBERRY TREES AUTOZONE ADDITION x REMOVE (1) 14" CALIPER 1. 185 ACRES ELM TREES —/—`\ / 1 I REMOVE (1) 24" CALIPER (51, 602 S.F. ) HACKBERRY TREES DEDICATION TO C I TN L / 01 REMOVE (1) 36" CALIPER PECAN TREE --C _� 23 TREE ARE OFF- SITE AND ARE TO REMAIN TREE ARE OFF- SITE AND ARE TO REMAIN 24 — - i J , 06 m / 25I 0.518 ACRES (22,578 S.F.) 10' B.S & L.S. CITY OF ANNA, INST. NO. 200607140000982730, O.P.R.C.C.T. IrrvW to 't=VVrknLf'z —W W— E PP �— CITY OF ANNA, INST. NO. 2006071400009$2730, O.P.R.C.C.T. I � m EX. 8' SIDEWALK EXISTING TREE NOTES 1. Existing trees to remain shall be protected during construction from tree structure damage and compaction of soil under and around dripline (canopy) of tree. 2. If any root structure is damaged during adjacent excavation/construction, notify the Architect immediately. It is recommended that a licensed Arborist be secured for the treatment of any possible tree wounds. 3. No disturbance of the soil greater than 4" shall be located closer to the tree trunk than 1/2 the distance of the drip line to the tree trunk. A minimum of 75% of the drip line and root zone shall be preserved at natural grade. 4. Any fine grading done within the critical root zones of the protected trees must be done with light machinery such as a bobcat or light tractor. No earth moving equipment with tracks is allowed within the critical root zone of the trees. 5. Material Storage: No materials intended for use in construction or waste materials accumulated due to excavation or demolition shall be placed within the limits of the dripline of any tree. 6. Equipment Cleaning/Liquid Disposal: No equipment may be cleaned, toxic solutions, or other liquid chemicals shall be deposited within the limits of the dripline of a tree. This would include but not be limited to paint, oil, solvents, asphalt, concrete, mortar, primers, etc. 7. Tree Attachments: No signs, wires or other attachments, other than those of a protective nature shall be attached to any tree. 8. Vehicular Traffic: No vehicular and construction equipment traffic or parking is allowed within the limits of the dripline of trees. 9. Boring of Utilities: May be permitted under protected trees in certain circumstances. The minimum length of the bore shall be the width of the tree's canopy and shall be a minimum depth of forty-eight (48') inches. 10. Trenching: Any irrigation trenching which must be done within the critical root zone of a tree shall be dug by hand and enter the area in a radial manner. 11. Tree Flagging: All trees to be removed from the site shall be flagged by the Contractor with bright red vinyl tape (3" width) wrapped around the main trunk at a height of four (4) feet above grade. Flagging shall be approved by Landscape Architect prior to any tree removal. Contractor shall contact Landscape Architect with 72 hour notice to schedule on -site meeting. 12. Protective Fencing: All trees to remain, as noted on drawings, shall have protective fencing located at the tree's dripline. The protective fencing may be comprised of snow fencing, orange vinyl construction fencing, chain link fence or other similar fencing with a four (4) foot approximate height. The protective fencing will be located as indicated on the Tree Protection Detail(s). 13. Bark Protection: In situations where a tree remains in the immediate area of intended construction, the tree shall be protected by enclosing the entire circumference of the tree's trunk with lumber encircled with wire or other means that does not damage the tree. Refer to Tree Protection Detail(s). 14. Construction Pruning: In a case where a low hanging limb is broken during the course of construction, the Contractor shall notify the Landscape Architect immediately. In no instance shall the Contractor prune any portion of the damaged tree without the prior approval by the Landscape Architect. TREE SURVEY FIELD DATA 6 m ACACIA DR. o J Z Z ❑ �❑ J d O � Q co O Otn J V >LL W. WHITE ST. m ® w a o w ❑ 3 Y > SITE 0 J } a J LU 0] N _ J Z ¢ L o C0 TE O a 0 L w LL N N VICINITY MAP NOT TO SCALE NO. DIA. INCHES SPECIES (COMMON NAME) REMARKS 1 36 PECAN TO BE REMOVED- LOCATED ON DRAINAGE EASEMENT 2 8 HACKBERRY TO BE REMOVED- OFF SITE, LOCATED ON DRAINAGE EASEMENT 3 8 HACKBERRY TO BE REMOVED- OFF SITE, LOCATED ON DRAINAGE EASEMENT 4 8 HACKBERRY TO BE REMOVED- OFF SITE, LOCATED ON DRAINAGE EASEMENT 5 6 OAK TO BE REMOVED- OFF SITE 6 18 HACKBERRY TO BE REMOVED- OFF SITE, LOCATED ON DRAINAGE EASEMENT 7 8 HACKBERRY TO BE REMOVED- OFF SITE, LOCATED ON DRAINAGE EASEMENT 8 8 HACKBERRY TO BE REMOVED- OFF SITE 9 8 HACKBERRY TO BE REMOVED- OFF SITE, LOCATED ON DRAINAGE EASEMENT 10 14 ELM TO BE REMOVED- OFF SITE, LOCATED ON DRAINAGE EASEMENT 11 24 HACKBERRY TO BE REMOVED- OFF SITE, LOCATED ON DRAINAGE EASEMENT 12 9 HACKBERRY TO REMAIN- OFF SITE 13 12 HACKBERRY TO REMAIN- OFF SITE 14 12 HACKBERRY TO REMAIN- OFF SITE 15 9 HACKBERRY TO REMAIN- OFF SITE 16 24 HACKBERRY TO REMAIN- OFF SITE 17 14 HACKBERRY TO REMAIN- OFF SITE 18 8 HACKBERRY TO REMAIN- OFF SITE 19 20 HACKBERRY TO REMAIN- OFF SITE 20 30 HACKBERRY TO REMAIN- OFF SITE 21 12 HACKBERRY TO REMAIN- OFF SITE 22 12 HACKBERRY TO REMAIN- OFF SITE 23 30 HACKBERRY TO REMAIN- OFF SITE 24 32 BOIS D'ARC TO REMAIN- OFF SITE 25 26 BOIS D'ARC TO REMAIN- OFF SITE EXISTING TREE LEGEND EXISTING TREE TO REMAIN \ / 1 EXISTING TREE TO BE REMOVED TREE PROTECTION FENCING TO REMAIN DURING CONSTRUCTION REFER TO 01/L1.00 (23) 3" CALIPER TREES ARE PROPOSED FOR TREE MITIGATION. TREES PROPOSED FOR MITIGATION. (5) CHINESE PISTACHE- 3" CALIPER (10) LACEBARK ELM- 3" CALIPER (8) SHUMARD RED OAK- 3" CALIPER TREES ARE TO BE PLANTED ON PARK PROPERTY REFER TO SHEET L.2 AND L.3 FOR TREE LOCATIONS AND NOTES. DAYCARE DEVELOPMENT PLANS_ 5.225 ACRES BEING A PART OF LOT 2, BLOCK A, OF AUTOZONE ADDITION CITY OF ANNA, COLLIN COUNTY, TEXAS 01 TREE REMOVAL PLAN ® SCALE 1 "=30'-0" 0 15 30 60 LANDSCAPE ARCHITECT STUDIO GREEN SPOT, INC. 1333 W. McDERMOTT DR. ALLEN, TEXAS 75013 (469) 369-4448 CHRIS@STUDIOGREENSPOT.COM 09.04.2019 W W cn p UJI v Q Z V = � J O a NU LU N Z CV Q r LL O U ISSUE: FOR APPROVAL 07.30.2019 CITY COMMENTS 09.04.2019 DATE: 09.04.2019 SHEET NAME: TREE REMOVAL PLAN SHEET NUMBER: L.1 CLrLi V) WEST WHITE STREET (FARM TO MARKET ROAD NO. 455) ` 20' L.E., 20' E.U.E., VOL. 2008, X 25 ���-., (VARIABLE WIDTH RIGHT-OF-WAY) D08> VOL, 200 9 SOLID SOD BERMUDA 361, P G. 3 61 O. P. R. C. C. T. W VOL, 2007, 1 P G 2 21 GRASS TYPICAL FOR ALL ` .C.T. EX. 24" RCP O.P.R.C.0 T. C.P.R.C.C.T SC 10' W.E. TURF AREAS w w w w�� EX.12WWATER WVrw, �, W' w w w w w w---w --�=w w w w w w w -- _ E P E E E E E�11E E E E E E _ ITE BENCHMARK 3 s— s— — � -I 10' S. 0 s " CUT ON TOP OF ®o o. I_ C �T AU1_NG 1 �— m TION — 7 - 1 (� — — — LO — — © �� m 30' A.E., Q V.W.A.E., 45' B.S VOL. 2008, VOL� 2007, I �, 'DBH D 4 PG. 361, PG. 221, - - �\_15 -- LO 1 O.P.R.C.C.T. `E.E. cE ----O.P.R.C.C._T. � --_--A-I—T 1--T1Tfr --I--i , ❑ LOT 1 BLOCK A, I 50 / 1 AUTOZONE ADDITION, I C6 v WC IF w w w w E lx E �— VOL.2007, 1 -i L m 06 I O.P.R.C.C.T. HYDROMULCH BERMUDA I 50 II GRASS TYPICAL FOR ALL C� I DYH WC I I \ I I EXISTING TURF AREAS m D I 11 m I AUTOZONE � DYH LOT 4, BLOCK A, I BUILDING MARK CENTER, � i � � � I PROPOSED I ANNA MA 10' U.E.' ' DAYCARE VOL. 2008, PG. 361, N� m I I VOL. 2007, PG. 221 w -� ' 8 425 S.F. 1 .P.R.C.C.T. — — — O.P.R.C.C.T. � 26 � 1 U. I V.W.A.E., 1 F.p�.U.f�. ONE STORY14 -VOL. 2007, X 166 STUDENTS PG. 221, 1 I� o S � � � LOT 2R-4,BLOCK A I E�C.8 SEWER O.P-R.C.C.T. s — — S — s S — �S S s— — s i AUTOZONE ADDITION Cf)�SSI 'H— I I \ I 1.185 ACRE S.F.) ' 8, 10' B.S & L.S. j I FROM TO CITY I I10' U.E•, 15' x 25' L — —° I FENCED VOL. 2008, -♦- AZEB PLAYGROUND IPG. 361, 15' x 15' SHADE CANOPY / O.P.R.C.C.T. I BP_ BP BP — BP BP BP BP P 1 � Ln II 15' x 20' r / J/ I II I I I SHADE D.E.' VOL. 2008, CANOPY R.C.C.T. PG. 361, O.P. 12 I I I I I I I WM CE I I I I I I I I IGM,j I I I I I I I I I LOT 5, BLOCK A, �; I MARKET CENTER, ANNA MA TER0 I LOT 2R�1, B OCK A VOL.2008, PG. , co 361AUTOZO�IE DDITION O.P.R.C.C.T. o I 2.33 ACRES I I (101, 15 �.F.) I I I I I I I I . I I A.E., 15' D.E., I 008 VOL 2008,I m r ri 3 LO m CITY OF ANNA, INST. NO. m )2006071400009 730, O.P.R.C.C.T. m 3 RO •I m m •I JI m • � m I 3 LO m 1 RO • m _ D' m J 1 m I LOT 2R-3, BLOCK A, AUTOZONE ADDITION, m 0.518 ACRES I (229578 S.F.) VOL. PG. 361, PG. 361, O.P.R.C.C.T. O.P.R.C.C.T.I <1 "I /`I \ I I \ < / / m LOT 1, BLOCK A, MARKET CENTER, I I ` ANVOL. 2008, PG. 361, I � / I PP � Q I O.P.R.C.C.T. CD I \ 10' B.S & L.S. 20' U.E., 008, I -- -- -- 1(OL. 2 5 LPG. 3619 �/ I p--------------� .P-pC.C.T. - - \ / �, \ I — — — — — — — — — — EX. 8 SIDEWALK 000�/ IF RO 0 0 0 0 iQ 0 � 10 ` X o LE ALL PROPOSED TREES TO BE LOCATED IN THE PARK LAND TO BE IRRIGATED WITH TEMPORARY EXISTING TREES \� V IRRIGATION TO REMAIN II I ncf I � ❑5 I I I I I / I I I I 4 1 LO CE I I I I 26' I I I I HYDROM BERMUDA GRASS TYPICAL FOR ALL A. U , TURF AREAS 01 LANDSCAPE PLAN ® SCALE 1 "=30'-O" 0 15 30 60 Uf:NtKAL LAWN NU 1 tJ 1. FINE GRADE AREAS TO ACHIEVE FINAL CONTOURS INDICATED ON CIVIL PLANS. 2. ADJUST CONTOURS TO ACHIEVE POSITIVE DRAINAGE AWAY FROM BUILDINGS. PROVIDE UNIFORM ROUNDING AT TOP AND BOTTOM OF SLOPES AND OTHER BREAKS IN GRADE. CORRECT IRREGULARITIES AND AREAS WHERE WATER MAY STAND. 3. ALL LAWN AREAS TO RECEIVE SOLID SOD SHALL BE LEFT IN A MAXIMUM OF 1" BELOW FINAL FINISH GRADE. CONTRACTOR TO COORDINATE OPERATIONS WITH ON -SITE CONSTRUCTION MANAGER. 4. IMPORTED TOPSOIL SHALL BE NATURAL, FRIABLE SOIL FROM THE REGION, KNOWN AS BOTTOM AND SOIL, FREE FROM LUMPS, CLAY, TOXIC SUBSTANCES, ROOTS, DEBRIS, VEGETATION, STONES, CONTAINING NO SALT AND BLACK TO BROWN IN COLOR. 5. ALL LAWN AREAS TO BE FINE GRADED, IRRIGATION TRENCHES 0 m AC CIA DR. o J J z Z V) � Q� o� m Q U) U Q 0 >>LL W. WHITE ST. m o w o YSITE c� W WNLLI 911", O COMPLETELY SETTLED, AND FINISH GRADE APPROVED BY THE OWNER'S CONSTRUCTION MANAGER OR ARCHITECT PRIOR TO INSTALLATION. VICINITY MAP NOT TO SCALE 6. ALL ROCKS 314" DIAMETER AND LARGER, DIRT CLODS, STICKS, CONCRETE SPOILS, ETC. SHALL BE REMOVED PRIOR TO PLACING LANDSCAPE NOTES TOPSOIL AND ANY LAWN INSTALLATION 1. CONTRACTOR SHALL VERIFY ALL EXISTING AND PROPOSED SITE ELEMENTS AND NOTIFY ARCHITECT OF ANY DISCREPANCIES. 7. CONTRACTOR SHALL PROVIDE (1") ONE INCH OF IMPORTED TOPSOIL ON SURVEY DATA OF EXISTING CONDITIONS WAS SUPPLIED BY OTHERS. ALL AREAS TO RECEIVE LAWN. SOLID SOD NOTES 2. CONTRACTOR SHALL LOCATE ALL EXISTING UNDERGROUND UTILITIES AND NOTIFY ARCHITECT OF ANY CONFLICTS. 1 FINE GRADE AREAS TO ACHIEVE FINAL CONTOURS INDICATED. CONTRACTOR SHALL EXERCISE CAUTION WHEN WORKING IN THE LEAVE AREAS TO RECEIVE TOPSOIL 3" BELOW FINAL DESIRED VICINITY OF UNDERGROUND UTILITIES. GRADE IN PLANTING AREAS AND 1" BELOW FINAL GRADE IN TURF AREAS. 3. CONTRACTOR IS RESPONSIBLE FOR OBTAINING ALL REQUIRED LANDSCAPE AND IRRIGATION PERMITS. 2. ADJUST CONTOURS TO ACHIEVE POSITIVE DRAINAGE AWAY FROM BUILDINGS. PROVIDE UNIFORM ROUNDING AT TOP AND BOTTOM 4. CONTRACTOR TO PROVIDE A MINIMUM 2% SLOPE AWAY FROM ALL OF SLOPES AND OTHER BREAKS IN GRADE. CORRECT STRUCTURES. IRREGULARITIES AND AREAS WHERE WATER MAY STAND. 5. ALL PLANTING BEDS AND LAWN AREAS TO BE SEPARATED BY STEEL 3. ALL LAWN AREAS TO RECEIVE SOLID SOD SHALL BE LEFT IN A EDGING. NO STEEL TO BE INSTALLED ADJACENT TO SIDEWALKS OR MAXIMUM OF 1" BELOW FINAL FINISH GRADE. CONTRACTOR TO CURBS. COORDINATE OPERATIONS WITH ON -SITE CONSTRUCTION MANAGER. 6. ALL LANDSCAPE AREAS TO BE 100% IRRIGATED WITH AN UNDERGROUND AUTOMATIC IRRIGATION SYSTEM AND SHALL 4. CONTRACTOR TO COORDINATE WITH ON -SITE CONSTRUCTION INCLUDE RAIN AND FREEZE SENSORS. MANAGER FOR AVAILABILITY OF EXISTING TOPSOIL. 7. ALL LAWN AREAS TO BE SOLID SOD BERMUDAGRASS, UNLESS 5. PLANT SOD BY HAND TO COVER INDICATED AREA COMPLETELY. OTHERWISE NOTED ON THE DRAWINGS. INSURE EDGES OF SOD ARE TOUCHING. TOP DRESS JOINTS BY HAND WITH TOPSOIL TO FILL VOIDS. PLANT LEGEND 6. ROLL GRASS AREAS TO ACHIEVE A SMOOTH, EVEN SURFACE, FREE FROM UNNATURAL UNDULATIONS. 7. WATER SOD THOROUGHLY AS SOD OPERATION PROGRESSES. ° CEDAR ELM 8. CONTRACTOR SHALL MAINTAIN ALL LAWN AREAS UNTIL FINAL ACCEPTANCE. THIS SHALL INCLUDE, BUT NOT LIMITED TO: MOWING, WATERING, WEEDING, CULTIVATING, CLEANING AND + CHINESE PISTACHE REPLACING DEAD OR BARE AREAS TO KEEP PLANTS IN A VIGOROUS, HEALTHY CONDITION. 9. CONTRACTOR SHALL GUARANTEE ESTABLISHMENT OF AN ACCEPTABLE TURF AREA AND SHALL PROVIDE REPLACEMENT FROM LOCAL SUPPLY IF NECESSARY. 0 LACEBARK ELM 10. IF INSTALLATION OCCURS BETWEEN SEPTEMBER 1 AND MARCH 1, ALL SOD AREAS TO BE OVER -SEEDED WITH WINTER RYEGRASS, AT A RATE OF (4) POUNDS PER ONE THOUSAND (1000) SQUARE FEET. LANDSCAPE TABULATIONS LIVE OAK STREET FRONTAGE 0 Requirements: (1) tree per 40 Lf. of street frontage. 15- of front yard to be landscape area (street yard- 1,513 s.f.) • SHUMARD RED OAK West White Street (144 I.f.) Required Provided (4) trees (4) trees WAX MYRTLE 227 s.f.- (15'-) 1,225 s.f. (801 1 ) DWARF BURFORD HOLLY Requirements: 10- of site area to be landscape area o000� DWARF YAUPON HOLLY (51,602 s.f. site area) Required Provided 5,160 s.f. (10u) 14,026 s.f. (271_ I) SEASONAL COLOR PARKING LOT (33 spaces) Requirements: (1) tree, 3" cal., or an approved ornamental tree, per 10 parking spaces and 8 s.f. of landscape area per each parking space. A parking lot screen is required to screen parking from the PURPLE WINTERCREEPER street R.O.W. All parking spaces to be within 65' of a trunk of a tree Required Provided (3) trees (3) trees 256 s.f. 680 s.f. BERMUDA GRASS SOD landscape screen provided at street R.O.W. PARK PROPERTY ADJACENCY Requirement (1) tree, 3" cal. per 40 I.f. of property line BERMUDA GRASS HYDROMULCH East Property Line (372 I.f.) Required Provided AN UNDERGROUND IRRIGATION SYSTEM WITH TREE BUBBLERS ON EACH (10) trees (10) trees TREE IS REQUIRED FOR THE MITIGATION TREES PLANTED ON CITY PROPERTY. South Property Line (153 I.f.) Required Provided THE PROPERTY OWNER SHALL BE RESPONSIBLE FOR REPLACEMENT OF (4) trees (4) trees ANY REQUIRED MITIGATION TREES PLANTED ON THE CITY PROPERTY FOR A PERIOD OF TWO YEARS PLANT MATERIAL SCHEDULE TREES TYPE QTY COMMON NAME BOTANICAL NAME SIZE REMARKS CE 3 Cedar Elm Ulmus crassifolia 3" cal. B&B, 13' ht., 5' spread min., 5' clear trunk CP 5 Chinese Pistache Pisracia chinensis 3" cal. B&B, 13' ht., 5' spread min., 5' clear trunk LE 10 Lacebark Elm Ulmus parvifolia 3" cal. B&B, 13' ht., 5' spread min., 5' clear trunk LO 15 Live Oak Quercus virginiana 3" cal. container, 13' ht., 5' spread, 5' clear straight trunk RO 12 Shumard Red Oak Quercus shumardii 3" cal. container, 13' ht., 5' spread, 5' clear straight trunk SHRUBS TYPE QTY. COMMON NAME BOTANICAL NAME SIZE REMARKS DYH 22 Dwarf Yaupon Holly Ilex vomitoria 'nana' 3 gal. container, 18" ht., 18" spread DBH 28 Dwarf Burford Holly Ilex cornuta "Burfordii nana' 5 gal. container, 24" ht., 20" spread WM 12 Wax Myrtle Myrica cerifera 7 gal. container, 36" ht., 30" spread, full to base GROUNDCOVERS TYPE QTY COMMON NAME BOTANICAL NAME SIZE REMARKS SC 75 Seasonal Color 4" pots selection by owner, 12" o.c. WC 100 Purple Wintercreeper Euonymus fortunei'Coloratus' 4" pots container, 3- 12" runners min., 12" o.c. '419' Bermudagrass Cynodon dactylon '419' Solid Sod refer to notes NOTE: Plant list is an aid to bidders only. Contractor shall verify all quantities on plan. All heights and spreads are minimums. All plant material shall meet or exceed remarks as indicated. All trees to have straight trunks and be matching within varieties. DAYCARE DEVELOPMENT PLANS_ 5.225 ACRES BEING A PART OF LOT 2, BLOCK A, OF AUTOZONE ADDITION CITY OF ANNA, COLLIN COUNTY, TEXAS 1110 LANDSCAPE ARCHITECT STUDIO GREEN SPOT, INC. 1333 W. McDERMOTT DR. ALLEN, TEXAS 75013 (469) 369-4448 CHRIS@STUDIOGREENSPOT.COM W V a 09.05.2019 W uj 4-11 W Cf) O V Z = J J O V W Q Z N Z a r LL O V ISSUE: FOR APPROVAL 07.30.2019 CITY COMMENTS 08.23.2019 CITY COMMENTS 09.05.2019 DATE: 09.05.2019 SHEET NAME: LANDSCAPE PLAN SHEET NUMBER: L.2 I vlvl I / \ LOT 51 BLOCK' A, cf� I ANNA MARKET ;CENTER , VOL. 2008, PG. 361, I v O.P.R.C.C.T. °° I o ul I� I I I I I A.E., 15' D.E., VOL, 2008, voL.,,2008, PG. 361, FPG. 361, O.P.P�C.C.T, O.P.R.CE•T•I QI I I I I I I LOT 2R- l , B OCK A AUTOZO� E DDITION 2.337 ACRES (101, 15 �.F.) I I I I I I cn Q LOT 1, BLOCK A, ANNA MARKET CENTER, I VOL. 2008, PG. 361, I Q O.P.R.C.C.T. I \ 20' U.E., A � � I \ vVOL. 2008, � \ � 5 \P G. 361, p).DNC.c.T._yll — — — >✓ I 10 LE I , o ALL PROPOSED TREES TO BE LOCATED IN THE / / + PARK LAND TO BE IRRIGATED WITH TEMPORARY \� IRRIGATION RC7PO ED DRAINAGE / \ \ /it I / S NT itx ° LOT 2R-2, BLOC it AUTOZONE ADDI it it 1.185 ACRE% / itit it itI (51,602 S.F.) DEDICATION TO it it / �J I _ LOT 9,_BLOCK A, ANWA MARKET CENTER, VOL. 2008, PG. 361, O.P.R.C.C.T. sgg�� EXISTING TREE TO REMAIN 10' B.S & L.S. 26' ["7 ---- 4 1 LO CE 9 . HYDROM BERMUDA GRASS TYPICAL FOR ALL I TURF AREAS I I LOT 2R-3, BLOCK A, \ ❑ AUTOZONE ADDITION, m 0.518 ACRES (22,578 S.F.) I m I m , I m PP 10' B.S & L.S. EXISTING TREES I \ TO REMAIN c I CITY OF ANNA, INST. NO. co 2006071400009827305 EXISTING TREES m O.P.R.C.C.T. TO REMAIN p EXISTING TREE TO REMAIN ANNA COMMUNITY DEVELOPMENT CORPORATION, INST. NO. 2009033000036590, O.P.R.C.C.T. m x 00 EX. B' SIDEWALK \ 0 m ACACIA DR. o J ° Z � Q Q� J coO Q co >,f W. WHITE ST. m o ® w Y , ° > SITE U,rl>' w wF N J Q- ¢ _ z °co co O ui w co C 6 VICINITY MAP NOT TO SCALE PLANT LEGEND SYMBOL TREE TYPE CE CEDAR ELM CID CHINESE PISTACHE LE LACEBARK ELM LO LIVE OAK RO RED OAK DAYCARE DEVELOPMENT PLANS_ 5.225 ACRES BEING A PART OF LOT 2, BLOCK A, OF AUTOZONE ADDITION CITY OF ANNA, COLLIN COUNTY, TEXAS 01 LANDSCAPE PLAN ® SCALE 1 "=30'-0" 0 15 30 60 LANDSCAPE ARCHITECT STUDIO GREEN SPOT, INC. 1333 W. McDERMOTT DR. ALLEN, TEXAS 75013 (469) 369-4448 CHRIS@STUDIOGREENSPOT.COM a w Lu w � z H � N O Z = J J O cl) U W Q � z N Z N Q r LL. O U ISSUE: FOR APPROVAL 07.30.2019 CITY COMMENTS 08.23.2019 CITY COMMENTS 09.04.2019 DATE: 09.04.2019 SHEET NAME: LANDSCAPE PLAN SHEET NUMBER: L-3 SECTION 02900 - LANDSCAPE PART 1 -GENERAL 1.1 REFERENCED DOCUMENTS Refer to bidding requirements, special provisions, and schedules for additional requirements. 1.2 DESCRIPTION OF WORK Work included: Furnish all supervision, labor, materials, services, equipment and appliances required to complete the work covered in conjunction with the landscaping covered in these specifications and landscaping plans, including: 1. Planting (trees, shrubs, and grass) 2. Bed preparation and fertilization 3. Notification of sources 4. Water and Maintenance until final acceptance 5. Guarantee 1.3 REFERENCE STANDARDS A. American Standard for Nursery Stock published by American Association of Nurserymen: 27 October 1980, Edition; by American National Standards Institute, Inc. (Z60.1) - plant material. B. American Joint Committee on Horticultural Nomenclature: 1942 Edition of Standardized Plant Names. C. Texas Association of Nurserymen, Grades and Standards. D. Hortis Third, 1976 - Cornell University 1.4 NOTIFICATION OF SOURCES AND SUBMITTALS A. The Contractor shall, within ten (10) days following acceptance of bid, notify the Architect/Owner of the sources of plant materials and bed preparation required for the project. B. Samples: Provide representative quantities of sandy loam soil, mulch, bed mix material, gravel, and crushed stone. Samples shall be approved by Architect before use on project. C. Product Data: Submit complete product data and specifications on all other specified materials. D. Submit three representative samples of each variety of ornamental trees, shrubs, and groundcover plants for Architect's approval. When approved, tag, install, and maintain as representative samples for final installed plant materials. E. File Certificates of Inspection of plant material by state, county, and federal authorities with Architect, if required. F. Soil Analysis: Provide sandy loam soil analysis if requested by the Architect. PART 3 - EXECUTION 3.1 BED PREPARATION & FERTILIZATION A. Landscape Contractor to inspect all existing conditions and report any deficiencies to the Owner. B. All planting areas shall be conditioned as follows: 1. Prepare new planting beds by scraping away existing grass and weeds as necessary. Till existing soil to a depth of six (6") inches prior to placing compost and fertilizer. Apply fertilizer as per manufacturers recommendations. Add six (6") inches of compost and till into a depth of six (6") inches of the topsoil. Apply organic fertilizer such as Sustane or Green Sense at the rate of twenty (20) pounds per one thousand (1,000) square feet. 2. All planting areas shall receive a two (2") inch layer of specified mulch. 3. Backfill for tree pits shall be as follows: Use existing top soil on site (use imported topsoil as needed) free from large clumps, rocks, debris, caliche, subsoils, etc., placed in nine (9") inch layers and watered in thoroughly. C. Grass Areas: 1. Areas to be Solid Sod Bermudagrass: Blocks of sod should be laid joint to joint, (staggered joints) after fertilizing the ground first. Roll grass areas to achieve a smooth, even surface. The joints between the blocks of sod should be filled with topsoil where they are evidently gaped open, then watered thoroughly. 2. Areas to be Hydromulch Common Bermudagrass: Hydromulch with bermudagrass seed at a rate of two (2) pounds per one thousand (1,000) square feet. Use a 4' x 8' batter board against the bed areas. 3.2 INSTALLATION A. Maintenance of plant materials shall begin immediately after each plant is delivered to the site and shall continue until all construction has been satisfactorily accomplished. B. Plant materials shall be delivered to the site only after the beds are prepared and area ready for planting. All shipments of nursery materials shall be thoroughly protected from the drying winds during transit. All plants which cannot be planted at once, after delivery to the site, shall be well protected against the possibility of drying by wind and sun. Balls of earth of B & B plants shall be kept covered with soil or other acceptable material. All plants remain the property of the Contractor until final acceptance. C. Position the trees and shrubs in their intended location as per plan. D. Notify the Landscape Architect for inspection and approval of all positioning of plant materials. E. Excavate pits with vertical sides and horizontal bottom. Tree pits shall be large enough to permit handling and planting without injury to balls of earth or roots and shall be of such depth that, when planted and settled, the crown of the plant shall bear the same relationship to the finish grade as it did to soil surface in original place of growth. JOB CONDITIONS A. General Contractor to complete the following punch list: Prior to Landscape Contractor initiating any portion of landscape installation, General Contractor shall leave planting bed areas three (3") inches below finish grade of sidewalks, drives and curbs as shown on the drawings. All lawn areas to receive solid sod shall be left one (1 ") inch below the finish grade of sidewalks, drives, and curbs. All construction debris shall be removed prior to Landscape Contractor beginning any work. B. General Contractor shall provide topsoil as described in Section 02200 - Earthwork. C. Storage of materials and equipment at the job site will be at the risk of the Landscape Contractor. The Owner cannot be held responsible for theft or damage. 1.6 MAINTENANCE AND GUARANTEE A. Maintenance: 1. The Landscape Contractor will be held responsible for the maintenance of all work from the time of planting until final acceptance by the Owner. No trees, shrubs, groundcover or grass will be accepted unless they show a healthy growth and satisfactory foliage conditions. 2. Maintenance shall include watering of trees and plants, cultivation, weeding spraying, edging, pruning of trees, mowing of grass, cleaning up and all other work necessary of maintenance. 3. A written notice requesting final inspection and acceptance should be submitted to the Owner at least seven (7) days prior to completion. An on -site inspection by Owner and Landscape Contractor will be completed prior to written acceptance. 4. After final acceptance of installation, the Landscape Contractor will not be required to do any of the above listed work. B. Guarantee: 1. Trees shall be guaranteed for a twelve (12) month period after acceptance. Shrubs and groundcover shall be guaranteed for twelve (12) months. The Contractor shall replace all dead materials as soon as weather permits and upon notification of the Owner. Plants, including trees, which have partially died so that shape, size, or symmetry has been damaged, shall be considered subject to replacement. In such cases, the opinion of the Owner shall be final. a. Plants used for replacement shall be of the same size and kind as those originally planted and shall be planted as originally specified. All work, including materials, labor and equipment used in replacements, shall carry a twelve (12) month guarantee. Any damage, including ruts in lawn or bed areas, incurred as a result of making replacements shall be immediately repaired. b. At the direction of the Owner, plants may be replaced at the start of the next year's planting season. In such cases, dead plants shall be removed from the premises immediately. c. When plant replacements are made, plants, soil mix, fertilizer and mulch are to be utilized as originally specified and reinspected for full compliance with Contract requirements. All replacements are to be included under "Work" of this section. F. Shrub and tree pits shall be no less than two (2') feet, twenty-four (24") inches, wider than the lateral dimension of earth ball and six (6") inches deeper than it's vertical dimension. Remove and haul from site all rocks and stones over one (1") inch in diameter. Plants should be thoroughly moist before removing containers. G. Dig a wide, rough sided hole exactly the same depth as the height of the ball, especially at the surface of the ground. The sides of the hole should be rough and jagged, never slick or glazed. H. Percolation Test: Fill the hole with water. If the water level does not percolate within 24 hours, the tree needs to move to another location or have drainage added. Install a PVC stand pipe per tree planting detail as approved by the Landscape Architect. I. Backfill only with 5 parts existing soil or sandy loam and 1 part bed preparation. When the hole is dug in solid rock, topsoil from the same area should not be used. Carefully settle by watering to prevent air pockets. Remove the burlap from the top 1/3 of the ball, as well as all nylon, plastic string and wire mesh. Container trees will usually be pot bound, if so follow standard nursery practice of 'root scoring'. J. Do not wrap trees. K. Do not over prune. L. Mulch the top of the ball. Do not plant grass all the way to the trunk of the tree. Leave the area above the top of the ball and mulch with at least two (2") inches of specified mulch. M. All plant beds and trees to be mulched with a minimum settled thickness of two (2") inches over the entire bed or pit. N. Obstruction below ground: I n the event that rock, or underground construction work or obstructions are encountered in any plant pit excavation work to be done under this section, alternate locations may be selected by the Owner. Where locations cannot be changed, the obstructions shall be removed to a depth of not less than three (3') feet below grade and no less than six (6") inches below the bottom of ball when plant is properly set at the required grade. The work of this section shall include the removal from the site of such rock or underground obstructions encountered at the cost of the Landscape Contractor. O. Trees and large shrubs shall be staked as site conditions require. Position stakes to secure tree against seasonal prevailing winds. P. Pruning and Mulching: Pruning shall be directed by the Architect and shall be pruned in accordance with standard horticultural practice following Fine Pruning, Class I pruning standards provided by National Arborist Association. 1. Dead wood or suckers and broken badly bruised branches shall be removed. General tipping of the branched is not permitted. Do not cut terminal branches. 2. Pruning shall be done with clean, sharp tools. 3. Immediately after planting operations are completed, all tree pits shall be covered with a layer of organic material two (2") inches in depth. This limit of the organic material Q. Steel Curbing Installation: 1. Curbing shall be aligned as indicated on plans. Stake out limits of steel curbing and obtain Owners approval prior to installation. 2. All steel curbing shall be free of kinks and abrupt bends. 3. Top of curbing shall be 3/4" maximum height above grade. 1. Stakes are to be installed on the planting bed side of the curbing, as opposed to the grass side. 2. Do not install steel edging along sidewalks. 3. Cut steel edging at 45 degree angle where edging meets sidewalk. 3.3 CLEANUP AND ACCEPTANCE A. Cleanup: During the work, the premises shall be kept neat and orderly at all times. Storage areas for all materials shall be so organized that they, too, are neat and orderly. All trash and debris shall be removed from the site as work progresses. Keep paved areas clean by sweeping or hosing at end of each days work. END OF SECTION 2. The Owner agrees that for the guarantee to be effective, he will water plants at least twice a week during dry periods and cultivate beds once a month after final acceptance. 3. The above guarantee shall not apply where plants die after acceptance because of injury from storms, hail, freeze, insects, diseases, injury by humans, machines or theft. 4. Acceptance for all landscape work shall be given after final inspection by the Owner provided the job is in a completed, undamaged condition, and there is a stand of grass in all lawn areas. At this time, the Owner will assume maintenance on the accepted work. C. Repairs: Any necessary repairs under the Guarantee must be made within ten (10) days after receiving notice, weather permitting, and in the event the Landscape Contractor does not make repairs accordingly, the Owner, without further notice to Contractor, may provide materials and men to make such repairs at the expense of the Landscape Contractor. 1.7 QUALITY ASSURANCE A. General: Comply with applicable Federal, State, County and Local regulations governing landscape materials and work B. Personnel: Employ only experienced personnel who are familiar with the required work. Provide full time supervision by a qualified foreman acceptable to Landscape Architect. C. Selection of Plant Material: 1. Make contact with suppliers immediately upon obtaining notice of contract acceptance to select and book materials. Develop a program of maintenance (pruning and fertilization) which will insure the purchased materials will meet and/or exceed project specifications. 2. Landscape Architect will provide a key identifying each tree location on site. Written verification will be required to document material selection, source and delivery schedules to site. 3. Owner and/or Architect shall inspect all plant materials when reasonable at place of growth for compliance with requirements for genus, species, cultivar/variety, size and quality. 4. Owner and/or Architect retains the right to further inspect all plant material upon arrival at the site and during installation for size and condition of root balls, limbs, branching habit, insects, injuries, and latent defects. 5. Owner and/or Architect may reject unsatisfactory or defective material at any time during the process of work. Remove rejected materials from the site immediately. Plants damaged in transit or at job site shall be rejected. 1.8 PRODUCT DELIVERY, STORAGE AND HANDLING A. Preparation: 1. Balled and Burlapped (B&B) Plants: Dig and prepare shipment in a manner that will not damage roots, branches, shape, and future development. 2. Container Grown Plants: Deliver plants in rigid container to hold ball shape and protect root mass. 4" DIA. PERFORATED PVC PIPE W/ CAP PAINTED BLACK O � TREE PLANTING DETAIL NOT TO SCALE A. Delivery: 1. Deliver packaged materials in sealed containers showing weight, analysis and name of manufacturer. Protect materials from deterioration during delivery and while stored at site. 2. Deliver only plant materials that can be planted in one day unless adequate storage and watering facilities are available on job site. 3. Protect root balls by heeling in with sawdust or other approved moisture retaining material if not planted within 24 hours of delivery. 4. Protect plants during delivery to prevent damage to root balls or desiccation of leaves. Keep plants moist at all times. Cover all materials during transport. 5. Notify Architect of delivery schedule 72 hours in advance so plant material may be observed upon arrival at job site. 6. Remove rejected plant material immediately from site. 7. To avoid damage or stress, do not lift, move, adjust to plumb, or otherwise manipulate plants by trunk or stems. PART 2-PRODUCTS 2.1 PLANTS A. General: Well -formed No. 1 grade or better nursery grown stock. Listed plant heights are from tops of root balls to nominal tops of plants. Plant spread refers to nominal outer width of the plant, not to the outer leaf tips. Plants will be individually approved by the Architect and his decision as to their acceptability shall be final. B. Quantities: The drawings and specifications are complimentary. Anything called for on one and not the other is as binding as if shown and called for on both. The plant schedule is an aid to bidders only. Confirm all quantities on plan. C. Quality and size: Plant materials shall conform to the size given on the plan, and shall be healthy, symmetrical, well -shaped, full branched, and well rooted. The plants shall be free from injurious insects, diseases, injuries to the bark or roots, broken branches, objectionable disfigurements, insect eggs and larvae and are to be of specimen quality. D. Approval: All plant materials shall be subject to the approval of the Owner. All plants which are found unsuitable in growth, or in any unhealthy, badly shaped, or undersized condition, will be rejected by the Landscape Architect, either before or after planting, and shall be removed at the expense of the Landscape Contractor and replaced with acceptable plants as specified. E. Trees shall be healthy, full -branched, well -shaped and shall meet the trunk diameter and height requirements of the plant schedule. Balls shall be firm, neat, slightly tapered, and well wrapped in burlap. Any tree loose in the ball or with broken ball at time of planting will be rejected. Balls shall be ten (10") inched in diameter for each one (1 ") inch of trunk diameter, Measured six (6") inched above ball. Nomenclature conforms to the customary nursery usage: for clarification, the term "multi -trunk" defines a plant having three (3) or more trunks of nearly equal diameter. F. Pruning: All pruning of trees and shrubs, as directed by the Landscape Architect, shall be executed by the Landscape Contractor at no additional cost to the Owner. NOT CUT CENTRAL LEADER FERENCE PLAN FOR TREE TYPE BBER HOSE TRANDS NO. 12 GAUGE LVANIZED WIRE, TWISTED _AYER MULCH, REF. SPECIFICATIONS 1IGH WATERING RING METAL T-POST PAINTED EEN TRIANGULAR SPACING ISH GRADE SCARIFY SIDES OTBALL, DO NOT DISTURB. TOP ROOTBALL TO BE SET 1" ABOVE STING GRADE. REMOVE TOP 1/3 BURLAP. FIVE SOIL, REF. SPECIFICATIONS USHED ROCK TE: LOCATE STAKES OUTSIDE TREE WELL. POSITION STAKES SECURE TREE AGAINST SEASONAL PREVAILING WINDS. A = ROW SPACING B = ON CENTER SPACING SPACE PLANTS IN A TRIANGULAR PATTERNAS SHOWN, SPACED EQUALLY FROM EACHOTHER AT SPACING INDICATED ON PLANT LIST. 2" MULCH DOUBLE SHREDDED HARDWOOD MULCH IN BED PPinR Tr) PLANTING GROUNDCOVER/AI` PREPARE GROUNDCO' BED BY TILLING ENTIRE AREA. PROVIDE SOIL AS DEFINED IN THE LANDSC SPECIFICATIi 2.2 SOIL PREPARATION MATERIALS A. Sandy Loam: 1. Friable, fertile, dark, loamy soil, free of clay lumps, subsoil, stones and other extraneous material and reasonably free of weeds and foreign grasses. Loam containing Dallasgrass or Nutgrass shall be rejected. 2. Physical properties as follows: Clay - between 7-27 percent Silt - between 15-25 percent Sand - less than 52 percent 3. Organic matter shall be 3%-10% of total dry weight. 4. If requested, provide a certified soil analysis conducted by an approved soil testing laboratory verifying that sandy loam meets the above requirements. B. Organic Material: Compost with a mixture of 80% vegetative matter and 20% animal waste. Ingredients should be a mix of course and fine textured material. C. Premixed Bedding Soil as supplied by Vital Earth Resources, Gladewater, Texas; Professional Bedding Soil as supplied by Living Earth Technology, Dallas, Texas or Acid Gro Municipal Mix as supplied by Soil Building Systems, Dallas, Texas or approved equal. D. Sharp Sand: Sharp sand must be free of seeds, soil particles and weeds. E. Mulch: Double Shredded Hardwood Mulch, partially decomposed, dark brown. Living Earth Technologies or approved equal. F. Organic Fertilizer: Fertilaid, Sustane, or Green Sense or equal as recommended for required applications. Fertilizer shall be delivered to the site in original unopened containers, each bearing the manufacturer's guaranteed statement of analysis. A. Commercial Fertilizer: 10-20-10 or similar analysis. Nitrogen source to be a minimum 50°% slow release organic Nitrogen (SCU or UF) with a minimum 8% sulphur and 4% iron, plus micronutrients. B. Peat: Commercial sphagnum peat moss or partially decomposed shredded pine bark or other approved organic material. 2.3 MISCELLANEOUS MATERIALS A. Steel Edging: Shall be Ryerson "Estate Curbing", 1/8" x 4" with stakes 4' on center. B. Staking Material for Shade Trees: 1. Post: Studded T-Post, #1 Armco with anchor plate; 6'-0" length; paint green. 2. Wire: 12 gauge, single strand, galvanized wire. 3. Rubber hose: 2 ply, fiber reinforced hose, minimum % inch inside diameter. Color: Black. C. Gravel: Washed native pea gravel, graded 1 in. to 1-1/2 in. D. Filter Fabric: Mirafi 14ON by Celanese Fibers Marketing Company, available at Loftland Co., (214) 631-5250 or approved equal. PLANT ROW SPACING'D' ROW SPACING'A' PLANTS/10SF 8" O.C. 6.9" 26 12" O.C. 10.4" 12 151, O.C. 13.0„ 7 �2 GROUNDCOVER PLANTING DETAIL NOT TO SCALE ALONG SIDEWALKS 04 STEEL EDGING DETAIL NOT TO SCALE SHRUBS AND GROUNDCOVER REFER TO PLANS FOR PLANT TYPES PREPARED SOIL MIX PER SPECIFICATIONS MULCH PER SPECIFICATIONS 1/8" X 4" GREEN STEEL EDGING WITH STAKES 1/2" MAXIMUM LAWN 77 3 TO BE INSTALLED SHRUBS AND GROUNDCOVER REFER TO PLANS FOR PLANT TYPES PREPARED SOIL MIX PER SPECIFICATIONS 1/2" MINIMUM BETWEEN TOP OF MULCH AND TOP OF CONCRETE SIDEWALK W03SIDEWALK / MULCH DETAIL no steel along sidewalks NOT TO SCALE REF. PLAN FOR SHRUB TYPE G rnn a, �d G, 'Z 'C' h. ;G V G 4 s u� `r P� ' 2" LAYER OF SPECIFIED BARK MULCH yJ L�� �1D may✓ 7�1J / VJ1 �J�� v v� FINISH GRADE ROOTBALL, DO NOT DISTURB i ` b PREPARED SOIL MIX PER SPECS. SPACING PER 6" PLANT LIST 6" MIN. OF PREPARED SOIL MIX TILLED INTO EXISTING SOIL TO A DEPTH OF 6" NATIVE SOIL NOTE: POCKET PLANTING NOT ALLOWED �5 SHRUB PLANTING DETAIL NOT TO SCALE LANDSCAPE ARCHITECT STUDIO GREEN SPOT, INC. 1333 W. McDERMOTT DR. ALLEN, TEXAS 75013 (469) 369-4448 CHRIS@STUDIOGREENSPOT.COM 09.04.2019 W W W Z L U Cl) 0 W V Q Z �- O a NC-) W Z NCN Q t LL O U ISSUE: FOR APPROVAL 07.30.2019 CITY COMMENTS 09.04.2019 DATE: 09.04.2019 SHEET NAME: LANDSCAPE SPECIFICATIONS SHEET NUMBER: LA FINISH SCHEDULE SYMBOL DESCRIPTION LOCATION BRICK - KING BR1 ROYAL OAK VELOUR (GRAY MORTAR) BRICK WAINSCOT MANUF: ACME BR2 BRICK - KING CRIMSON VELOUR TEXTURE (GRAY MORTAR) FIELD BRICK MANUF: ACME ALT: LONESTAR CLAY MANUFACTURED STONE COBBLEFIELD - TEXAS CREAM ST1 (TAN MORTAR) STONE MANUF: CULTURED STONE BY BORAL SC1 STUCCO SYSTEM FINISH: SANDPEBBLE FINE ENTRY TOWER COLOR: SW6157 FAVORITE TAN MANUF: X 3 TAB COMPOSITION SHINGLE ROOFING RF1 COLOR: WEATHERED GRAY ROOF MANUF: GAF PREFINISHED METAL MT1 COLOR:SANDSTONE DOWNSPOUTS AND GUTTERS MANUF: PAC -CLAD PAINT PT3 COLOR: SW6069 FRENCH ROAST EXTERIOR HOLLOW MTL. DOORS MANUF: SHERWIN WILLIAMS STOREFRONT-COLOR:DK. BRONZE ANOD. ALUMINUM EXTERIOR SF1 MANUF: KAWNEER/TUBELITENKK OR STOREFRONT SIM RF1 ELEV=126'-0" RIDGE LINE 12" a - 0 0 I Elli RIDGE 1 T.O. FRAMING��.--��•- 11 1 -�Ere - = - = e ra I� �I Iff ______= _ �_ _= Y T.O. SLAB 05 SF1 ST1 SF1 ST1 DETAIL NORTH ELEVATION SCALE: 1/8" = 1'-0" SOUTH ELEVATION SCALE: 1/8" = 1'-0" NORTH ELEVATION SCALE: 1/8" = 1'-0" 03 WEST ELEVATION SCALE: 1/8" = 1'-0" EAST ELEVATION SCALE: 1/8" = 1'-0" U/ Wn W U � Lu n a= U z < 5646 MILTON ST. SUITE 610 DALLAS, TX 75206 214.361.9901 214.361 .9906 FAX ncapartners.com © 2019 NCA PARTNERS, INC. ALL RIGHTS RESERVED. THESE PLANS HEREIN ARE THE PROPERTY OF NCA PARTNERS, INC. AND ARE PROTECTED UNDER APPLICABLE COPYRIGHT LAWS. w z w U w U z � Loa z Z Z LL Q 0 DATE DESCRIPTION 09-01-2017 PERMIT/BID 09-06-2019 SITE PLAN ��RED A c F` C� co 930A OF 09-06-2019 NCA JOB #: 17007 EXTERIOR ELEVATIONS A3.01 ALTA / NSPS LAND TITLE SURVEY PLAT PLACE OF ` UT N ���„OF "x" CUT ON TOP OF W WHITE COMMENCING CONCRETE PAVING S TREET ELEVATION = 708.49"FARM • TO MARKET ROAD NO, 455) •" ,(VARIABL..WIDTH RIGHT- OF -WAY). OHU •. OHU�° r ...'a '- ` .: ° } 2" IRF OHU, OHU� '•7. .. ° 1 . d•. ..F _ (C.M.) .. pHU�- OHU-� pHU I I HU i I I 20' LANDSCAPING EASEMENT, ® -� - X VOL. 2007, PG. 221, - 702.14 N- _ - -I - O.P.R.C.C.T. SANITARY SEWER MANHOLE z 2O' LANDSCAPING &UTILITY ��_ _ RIM LINE ELEVATION = 704.15' FLOW LINE ELEVATION = 697.85' - - SIGN EASEMENT, I 25' BUILDING LINE, VOL. 2008, PG. 361, / VOL. 2007, PG. 221, �- - A&W O.P.R.C.C.T. } \ �---� O.P.R.C.C.T. I x703.84 703.38X 7oa.69 _ _ _ __ _ 703.31 - S1RVEYIXt3 I - X 700.63 INC 30' ACCESS EASEMENT, - - - - - - - - - - - VARIABLE WIDTH ACCESS EASEMENT, - VOL. 2008, PG. 361, VOL. 2007, PG. 221,- O.P.R.C.C.T. O.P.R.C.C.T. 20 7X.8s 73.14 0 30 1 Q I Xoa X 703.72 - 703.20 701.20 - aa. I W GRAPHIC SCALE �- 1-INCH = 30 FEET BASIS OF BEARINGS DERIVED FROM PLAT00 X VOL. 2007, PG. 221, O.P.R.C.C.T. I I 703.87 703.17 - - - .. ..� 708.92 I - - 701.42 X700.70 I 708.02I I 10' UTILITY EASEMENT, 7.03,27' - F. X X I 4 I VOL. 2007, PG. 221, 707.29 °. X 708.26 O.P.R.C.C.T. 703.83 X 703.06 LOT 1 BLOCK A, X 703.09 _ +. AUTOZONE ADDITION, - 708.37 a 707.X I •. p. .. VOL. 2007, PG. 221, - LOT 4, BLOCK A, s.9a ° '':.I :: '' O.P.R.C.C.T. _ - X700.46 ANNA MARKET CENTER, :� ., - ' .., • - X 703.69 VOL. 2008, PG. 361, :"'; �:�+ �\ X707.38 / =7030. 01.21 O.P.R.C.C.T. I �.; Ip" SANITARY SEWER MANHOLE 10' UTILITY EASEMENT, SANITARY SEWER - - MANHOLE I. a t RIM LINE ELEVATION=705.92' VOL. PG.221, X . _ i ° °'. _ !� FLOW LINE ELEVATION = 702.19' O.P.R.C.C.T. RIM LINE ELEVATION = 704.12' FLOW LINE ELEVATION=700.12'0 702.98 ' 7 .80 �•- 706. e 706.30 '4-' BRICK BUILDING X700.53 :. & 87°0.5'bi1 " E - 4 A 268.76' MEAS. 'x 701.56 -SAN :�• `."°•:% - X 706.09• .. X703.11 4 - -�02. 5X • • 05. pQ < PLACE OF ... a 706.27 ": ;., •. ' °•: : ' a 15'5 706.59 :' _ S.. • c O0 705.14 O.9' (OUT) -SAN S ° 705,59 0.3' OUT) 705.38 1/2" IRS FROM WHICH BEA 1/2"IRF BEGINNING I _ 17.7' 705.28 (S OS'53'36"W 3.92') . X 7os.a6 0.6' OUT 704.91 (OUT) 150.3' 704.95 02.54 II N - - o ,6 - 5.8' IN 705.73 ( ) ;K 702.97 x7oo.a2 I x 70Y97 (n (06 METAL STRUCTURE OM 4.4' (IN) I- 70 . .87 706.51 Z O •- - FINISHED N _ - i' w O FLOOR=705.91, FINISHED LL FLOOR=705.06' .. .. :. .. 1 - -. .. - - - -. -.102.87 20.6' _ _ I O _ C5 _ _ _ _ _ _ - _ - - - - - - - - - - - 702.81 7X09 X701. 26 10' UTILITY EASEMENT, -X705.50 - - - - - - - - - - 15.4' :702.87- VOL. 2008, PG. 361, I 705' _ _.. 702.81 X 700.31 O.P.R.C.C.T. I - - - I - - _.. _:. _.. _.. _.. _. _.. _.. _.. _.. _. X704.79 .. _. .. - - - - - - - - 0 _.. _ 706. W 5 - 703.X j - X 704.21 X 703.64 ION - - - - - - - - - - - (IN) - - _- X X _- _- _- _- _- _- _- _- _- � _- .. .. .. .. .. .. .. .. .. .. ..705.67 o02.76 U - - - - r X z_ 0 731.83 02.81 X X 70 .19 20. V d � 70 .48 X °' ' • q.. y X 700.30 J - j04.66 _ _ - t� t _ Q 705. 5X 705. 1 705. 1 705.48 w - 704.81 - . ' - '• - 4 i C Q5 � C 1 -- X 7 4.47 FINISHED ; °.d 70.2.47 - X FLOOR=705.14' - - - - r°397 Z) X X _ - - - ; 701.79 - a a' .•. d . ' 702. X a, X700.11 ...7 4.79 ' • e d • a o J 7 X io 704.25 :- :- • '..° I- N .37 704.36 o o .. .. a En o L6 .. ... I¢-' - _X. X U) _ .. _ ... _ X703.58 .7C2:63. _ 703.31 701.86 X 704.52 70 .21 w o _ W 71J3.63 • 4 00 J - - -- 702 5 - X z Q 701.41 X 02'.35 X 7 1.19 704.7 LL 00 _ _ �. _ _ - _ - -102.35 - -202. 2 X 699.90 i ' o I 17.1' 1s.s' X X 702 97 - 705.76 374 X 703. 1- 64.21 70 w^ 37 z "O FINISHED --_ \FLOOR=704.6T ., -- - .. -- - %C- - a OJ - 702.07 700.93 LOT 5, BLOCK A, 20.V 703 1 X 701.43 20, V - - 03.03 - X 702.26 X702.67 .. _ 701.08 O.7' X 701.84 .. -- - X 699.70 ANNA MARKET CENTER, -• 703.18'', X702•16 7 °222 I 703.03 (IN) VOL. 2008, PG. 361, 704.07 _ a _ X / • _ _. _. _ _. - _ . 15.4' O � O.P.R.C.C.T. I X 703.51 704.26 - - X703.82 - ' - / - - 700.84 703.02 ON - \ , - -702..05 - X 701.75 - v - - - - - X 702.21 - = 701.66 7011.01 - _ - . .� 701:65 700 08 - - 703` - - _ 703.78 X i( 702. X 702. 2 .. X 703.66 _X 701.32 700.81 X -701.1 X 701.82 _ _ 01.50 X 700. _ _ _ _ " " X 699.85 - - X 702.41 - - - - - X 700.62 - - - 3.39 X - - - 7�y7y7y�y7 �c /� /-7 16 32' NJQ. FT a OR s 702.79 703.39 - 1520 ACRES OF LAND 703.11 . D1.97 7oas1 702.17: O X X 703.00 %2, 701.19 . X 699.45 X X 701.73 - - 701.25 - - - Q� Uj Q 701X9 - 700.7696 !�1.18 w LU G 701.34. 701' 8 700.88 _ X .9 CV - x 700 6- 699. 95 ' 702.65 702.26 .. .. .. .. .. .. .. .. .. X 700.74 -_ - -- = - CY) X ..700.18 X X 699.14 _- X700A5 f'- 699.86 - L0 x7o�.3s, 701.86 609.96 Ln X701.7° _ _ _ _ _.._.._ _ _.._.._.._.._.._.._.._.. -ANNA-COMMUNITYDEVELOPMENT - -. LOT-2 BLOB -. -. -. -. K A, X699.9 -. -. ONO W - - - - - --AUTOZONE ADDITION, = - - = -: = - - - - 36590, Ii�IST, NO 2009033000 VOL. 2007, PG. 221, 699.35 0 _- - _--O.P.R.C.C.T. � N O.P.R.C.C.T. dam- X699.64 X699.65 _ �o �z o - - LOT 1, BLOCK A, ¢ X701.46 X701.50 X701.20 X7°0.96 ANNA MARKET CENTER I 700.61 700°° / X 700.43 � X 701.7 700.50 X 700.26 699.11 / VOL. 2008, PG. 361 \ 10 ' -70� O.P.R.C.C.T. I _ _ 699.3� > X 699.68 X 700.16 701.14'-� - 20' UTILITY EASEMENT, 700.64 700.37 036" TREE VOL. 2008, PG. 361, 0.3' (IN) 699.37 - - 699.76 �Qe O.P.R.C.C.T. s99.77 s99.3s X 700.66 X 700.45 036" TREE _ . 698.87 699.15 _ X 699.26 699.91 X X 697.71 X 698.89 X 699.85 X 699.32 X 699.33 X 699.16 / 0.6 X 699.62 X 698.87� 699, 699.17 5�� X 700.19 Y 1.7' (OUT 9" TREE X 700.61 9" TREE 14 14" TREE 24 TRE 12 700.05 X xNow 30" TREE TRE�REE 30" TREE18" 697.38X XX697. 81 X 699.75 700 05 12" TREE 9E85 8" T� Rt EE 2`►* 0" TREE"' x TREE? 699.05 699.16 X 698.35 1.7' (OUT) X 699.21 X 699.7 X 699.23 X 699.13 697.53 X X 699.01 X 699.42 X 697.73 X 697.37 X 697.59 1697.1 F, X 696.14 X �fY 695.76 X I LOT 9, BLOCK A, ANNA MARKET CENTER, 694.83 VOL. 2008, PG. 361, 694 65X 695.18 O.P.R.C.C.T. 4.1' (OUT)^\ 693.58 X X 699.21 X 698.82 697.20 X 696.4:3 X ;< 697.03 X 697.55 X 697.67 95.85 .: Xf % CITY OF ANNA, 95.' INST. NO. 200607140000982730, / 694.57 - O.P.R.C.C.T. X 696.26 X 696.10 26" TREE 32" TREE 10 695.69X 695. 6.•'4 695.26 X 695' X 695.26 X 694.82 694.79 ° / - 694' • ' X 694.65 X 693.64 693.83 X 693.65 iW8" TREE • ° \694'�N 87°20'00" W 265.62X693.68 ' MEAS. ��- 694.09 d �X� X 692.24 691.69 X 692.79 X 692.25 '" •p e 693, ° 30" TREE X 692.7 a.. U_ t . -j•: • d r. ° 692.54 X 693.11 s2 X 692.69 °.:' 690.46 X X 691.32 X 691.82.. X 692.52 . •°'•.:.' : Off. A;V ` ' •4 . ANNA COMMUNITY DEVELOPMENT 691.52 690.07 X X 691.26 _ 689.77X TREE 69 .52t48' 689.42 X 690.60 x X 691.09 X 690.08 X 695.90 X 698.05 X 696.70 X 695.34 X 697.70 X 697.53 X 696.51 X 696.00 X 694.91 X 694.90 X 694.08 1 48" TREE 693.34 X 691.21 CORPORATION, INST. NO. 2009033000036590, O.P.R.C.C.T. X 691.49 X 691.12 X 691.29 X 692.12 X 690.59 6' 9" X 690.42 6' \ 9p, X 690.91 12" TREE X 689.54 690, 14" TREE-0X 688.90 690.04 9" TREE �I{ X 689.62 "' 9" TREE 688.14 �18" TREE X X 690.26 X 690.44 8" TREEi° I X 689.65 02" TREE 687.77 411111 X 688.12 X v9K.58 X 688.16 X 687.49 X 687A6 X 687 61 X 690.12 X 689.03 X 689.53 X 689.09 X 689.11 X 688.90 X 689.29 X 688.89 X 689.19 X 688.85 X 688.21 NOTE: All 1/2 IRS are 1/2-inch iron rods with X 688.75 X 688.53 X688.61 X 688.78 X 687.88 yellow plastic caps stamped "RPLS 5310". LEGEND 1/2" IR FOUND Q X-FOUND ® TELE. BOX ® BOLLARD POST CIO_) UTILITY POLE -OHU- OVERHEAD UTILITY LINE PLASTIC FENCE [ CONCRETE BUILDING LINE O 1/2" IR SET Qo X-SET O CABLE BOX LIGHT POLE O WATER METER r GUY WIRE ANCHOR �` ASPHALT 0 GRAVEL - - - EASEMENT C 5/8" IR FOUND O 1" IR FOUND ® ELECTRIC BOX Q$ SAN. SEW. MH. Q GAS METER X- BARBED WIRE FENCE FIRE LANE STRIPE ® BRICK BOUNDARY e 3/8" IR FOUND ® 1" IP FOUND BRICK COLUMN pO IRRIGATION VALVE A.C. PAD 0 IRON FENCE BRICK RET. WALL ® STONE - --- - HIGHBANK LINE 40 60-D NAIL FOUND POINT FOR CORNER ❑ STONE COLUMN 04 WATER VALVE ® TRANS. BOX 0 CHAINLINK FENCE STONE RET. WALL ® WOOD DECK - PARKING STRIPE 0 PK NAIL SET CON. MONUMENT ® STORM DRAIN MH. W FIRE HYDRANT If- WOOD FENCE CON. RET. WALL ® BUILDING WALL HANDICAP SPACE P. E. POOL EQUIP. 0 ® 1/2" IP FOUND e 3l4" IP FOUND � SAN. SEW. CO. OG IR. VALVE � PIPE RAIL FENCE NO PARKING ® TILE X 689.58 X 688.22 X 687-40687.27 X 688.26 X 686.51 1229 W. WHITE STREET A NNA, TEXA S VICINITY MAP (NOT TO SCALE) 6 > ACACIA DR. J z O x �o m OJ n 0 U O �_ FOJ >i W. WHITE ST. < m g d d 'a o ' SITE w w o � wm N TU)Nw LEGAL DESCRIPTION 1 Being part of Lot 2, Block A, of Autozone Addition, an Addition to the City of Anna, Collin County, Texas, according to the plat thereof recorded in Volume 2007, Page 221, Official Public Records, Collin County, Texas, and being part of a tract of land described in deed to Windmill Self Storage, L.P., recorded in Instrument No. 20100920000999400, Official Public Records, Collin County, Texas, and being more particularly described as follows: Commencing at 1/2" iron rod found in the present South line of W. White Street, a variable width right-of-way, at the Northwest corner of Lot 1 of said Block A, of said Autozone Addition, same being the Northeast corner of Lot 4, Block A, of Anna Market Center, an Addition to the City of Anna, Collin County, Texas, according to the plat thereof recorded in Volume 2008, Page 361, Official Public Records, Collin County, Texas; Thence South 02°21'12" West, a distance of 173.82' to a 5/8" iron rod found in the East line of said Lot 4, Block A, at the Southwest corner of said Lot 1, of said Block A, and being the PLACE OF BEGINNING of the tract of land described here in; Thence South 87°05'01" East, a distance of 268.76' to a 1/2" iron rod with a yellow plastic cap stamped "RPLS 5310" set for corner; Thence South 02'40'00" West, passing at a distance of 361.57' to a 5/8" iron rod found at the Southerly Northwest interior'el' corner of a tract of land described in deed to City of Anna, recorded in Instrument No. 200607140000982730, Official Public Records, Collin County, Texas, and continuing a total distance of 573.29' to a 1/2" iron rod with a yellow plastic cap stamped "RPLS 5310" set for corner in the West line of said City of Anna tract; Thence North 87'20'00" West, a distance of 265.62' to a 60D nail set for corner in the East line of Lot 9, of said Block A, of said Anna Market Center; Thence North 02'21'12" East, along the East line of said Anna Market Center, a distance of 574.47' to the PLACE OF BEGINNING and containing 153,333 square feet or 3.520 acres of land. SURVEYOR'S CERTIFICATION J To: Kartavya Patel, Triangle Engineering, LLC, Windmill Self Storage, L.P., a Texas limited partnership, Republic Title Company, and First American Title Insruance Company, all in connection with GF No. 1002-212831-RTT: This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2016 Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys, jointly established and adopted by ALTA and NSPS, and includes Items 1, 2, 3, 4, 5, 7(a), 8, 9, 11, and 13 of Table A thereof. The fieldwork was completed on 02-08-2017. Date of Plat or Map: 02-10-2017 PRELIMINARY SURVEY NOT FOR RECORDING PURPOSES JOHN S. TURNER RPLS 5310 This survey was performed exclusively for the parties in connection with the G. F. number shown hereon and is licensed for a single use. This survey remains the property of the Surveyor. Unauthorized reuse is not permitted without the expressed written permission of the Surveyor. This survey is an original work protected by United States Copyright law and international treaties. All rights reserved. Do not make illegal copies. Please note that the use of the word "CERTIFY" or "CERTIFICATE" used hereon constitutes an expression of professional opinion regarding those facts or findings which are the subject of the certification, and does not constitute a warranty or guarantee, either expressed or implied. SCHEDULE "B" NOTES Items corresponding to the Commitment for Title Insurance Issued January 30, 2017, by First American Title Insurance Company bearing an effective date of January 16, 2017, G. F. No. 1002-212831-RTT. 10e) Easement to Grayson Collin Electric Cooperative, Inc., Vol. 4370, Pg. 1021, D.R.C.C.T. (Subject to - not plottable) 10f) Easements Covenants and Restrictions, Inst. No. 20070531000731800, O.P.R.C.C.T. (Subject to - not plottable) The surveyor has not abstracted the record title and/or easements of the subject property. The Surveyor prepared this survey with the benefit of a title commitment described above and assumes no liability for any easements, right-of-way dedications or other title matters affecting the subject property which may have been filed in the real property records but are not disclosed in said title commitment. ALTA NOTES 1) As shown on survey 2) As shown on survey 3) As shown on survey 4) As shown on survey 5) Elevations based on collective static work that was sent to http://geodesy.noaa.gov/OPUS/. Elevation davum is NAVD88. The contour intervals are 1 foot. 7a) As shown on survey 8) As shown on survey 9) There are no parking spaces located on subject property 11) As shown on survey, as of 02-02-2017 Atmos Energy responded to Texas 811 ticket. 13) As shown on survey FLOOD This is to certify that no portion of the subject property shown hereon lies within the 100 Year Flood Hazard Area as shown on the Flood Insurance Rate Map, Community Panel No. 48085C 0155J, dated 06-02-2009. The property is located in Zone "X". A&W SURVEYORS, INC. Professional Land Surveyors TEXAS REGISTRATION NO. 100174-00 P.O. BOX 870029, MESQUITE, TX. 75187 PHONE: (9 2) 681-4975 FAX: (972) 681-4954 WWW.AWSURVEY.COM JOB# 17-0179 DATE: 02-08-2017 DRAWN BY: 517 "A professional company operatingopeniting in your best interest" I I I I I I I I WYATT EARP THE CITY CIF Anna AGENDA ITEM: Item No. 5.n. City Council Agenda Staff Report Meeting Date: 10/15/2019 Approve a Resolution approving and authorizing a Subdivision Improvement Agreement (Escrow Agreement) by and between the City of Anna, Texas, and Pecan Grove Phase I I Ltd. (Director of Public Works Greg Peters) SUMMARY: Pecan Grove Phase II is substantially complete, with the public paving, drainage, water, and sanitary sewer improvements being constructed and in place. There are several remaining Subdivision Improvements and Lot Improvements required to be completed in portions of the subdivision. The City of Anna's Subdivision Ordinance provides for a Subdivision Improvement Agreement to be entered into by and between the City and the Developer, whereby the City may hold funds in escrow until the remaining improvements are complete. The remaining internal improvements include minor grading, retaining walls, testing and cleaning of public sanitary sewer and drainage improvements, sidewalk installation, and establishing vegetation. The agreement allows the developer to begin the process of turning lots over to the builder, while providing the City a method by which to ensure all remaining improvements are completed. Staff has found these items to be minor in nature, and as such is recommending that the City Council approve the agreement. If the Developer fails to complete the remaining items within 1 calendar year, the City will be allowed to use the escrow funds to complete the required improvements. STAFF RECOMMENDATION: Staff recommends approval of the resolution. ATTACHMENTS: Description Resolution - Pecan Grove I I Subdivision Improvement Agreement Pecan Grove Phase II Subdivision Improvement Agreement Upload Date Type 10/7/2019 Resolution 10/7/2019 Exhibit CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING A SUBDIVISION IMPROVEMENT AGREEMENT (ESCROW AGREEMENT) FOR PECAN GROVE PHASE II SUBIVISION BY AND BETWEEN THE CITY OF ANNA AND PECAN GROVE PHASE II, LTD, A TEXAS LIMITED PARTNERSHIP, AS SHOWN IN EXHIBIT "A" ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Pecan Grove Phase II Subdivision is an active development project in the City of Anna; and, WHEREAS, the public improvements internal to Pecan Grove Phase II Subdivision are substantially complete, including the public paving, drainage, water, and sanitary sewer improvements; and, WHEREAS, the public improvements internal to Pecan Grove Phase II Subdivision are substantially complete, including the public paving, drainage, water, and sanitary sewer improvements; and, WHEREAS, Division 6 of the Subdivision Ordinance of the City of Anna, Texas, allows for a Subdivision Improvement Agreement to be entered into whereby funds may be escrowed in the amount required to complete the remaining subdivision improvements. WHEREAS, the Subdivision Improvement Agreement (Escrow Agreement) authorizes the City to hold in trust $28,550.00 in funds to an escrow account; and, WHEREAS, the City shall be authorized to use the escrowed funds to complete the required subdivision improvements if the Developer fails to comply with the completion of the required improvements. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization of Execution. That the City Manager is hereby authorized to execute the Subdivision Improvement Agreement (Escrow Agreement) attached hereto as Exhibit "A." PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 15tn day of October 2019. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike LuuN i r uF cuCCiN ) STATE OF TEXAS ESCROW AGREEMENT By this Escrow Agreement (this "Agreement"), Pecan Grove Phase II Ltd., a i cxas limited partnership, (the "Developer'"), agrees to escrow tunds described hereafter tu guarantee to the city of Anna, Texas (the "City"), a home -rule municipality, the installation of certain water, wastewater, streets and storm drainage improvements (cullettively, the "Public improvements"), and the parties agree that said e5Lruw funds shall Se guverncd in the following manner: The Developer shall pay to the city in cash $Z8,550.U0 (the "Escrow Amount") contcmpurancuusly to the execution of this Agreement with the worksheet tar the amounts being attached as Exhibit "A". The city shall hold said amount in trust and shall release same to DevelupCr upon completion and City inspection and approval of the Public Improvements, subject to the following wnditions. I he Developer shall notity the City in writing opal completiun of the Public Improvements ("Notice of Completion Notice") and the City shall thereafter have 3U days to inspect said improvements and to provide the Developer with written notice of approval or denial. The city's approval shall nut be unreasunably withheld. If the city issues a denial, the City shall include in the denial a description of any inadequacies, and the Developer shall cure same and issue anew Nuticc of cumpletiun to the city. I he city's tailure to notity the Developer as to approval or denial within the 3u-day time period toilowing proper delivery to the City uf any Notice of Cumpletiun shall be deemed as approval of the Public improvements by the City as of the date that is 31 days after the date that Developer has properly delivered to City such Notice of cumpletiun. In LunsidCratiun of this Escrow Agreement, the City agrees to allow the Devcluper tu file a final plat prior to the cumpletiun of the PUBIIc Improvements, which are necessary to serve all ur a part of the property that is Pecan Grove Phase II, and release all completed lots fur permit. I he Developer agrees that the Public Improvements shall be fully cumplcted to allow inspection and approval By the City no later than uctobcr 3u, 2020. If work is nut completed on any platted Block, permits will not be released un said block. when the work on that BIocK is complete, Pecan Grove Phase II Ltd. will request a walk-thru-ugh with the City Construction Superintendent. Upon approval from the City Construction Superintendent, the City shall provide Pecan Grove Phase it [td. a letter stating that all PUBlic Improvements tar that block are complete. Pet.an uruve Phase II Ltd. and /or the homeBuilder(s) shall include that letter in their submittal of the Building permit fur edLh lut on that Block. ESCROW AGREEMENT PAGE T uF 4 it for any reason the Public Improvements arc nut fully cumpleted to allow inspection and approval by the city on or 6etore October 30, Zuzu, the --ity shall issue a written tailure-to-comply notice to the Develuper, notifying the uevelupe► that the Developer mast tully complete the Public Improvements within 30 days of the date of the failure-to-cvmply notice (the "Cure Period"). If fur any reason the Develuper subsequently tails tu fully complete the Public Improvements to allow inspection and appruval by the pity Suture the cxpiratiun of the Cure Period, then the City is entitled to expend all ur any part ut the Escrow Amount that is necessary to tully complete the Public Improvements. If, after the city Wily completes the PUBlic Improvements, any purtiun of tRe Escrow Amount has not Been expended, such amount shall be refunded tu the Develuper. it, after the City tully completes the Public Improvements, the City determines that tRe city s costs to tully complete the Public Improvements exceeded the Escrow Amount, then the Develuper shall reimBurse the City such ex,-ess amount. Any amount that bcwmes due under this paragraph shall Be paid to the party tu which it is due within 3U days of said party providing written notice to the other party that said payment is due. The nutices required to Be provided under this Agreement shall be sent by certitied mail, return receipt requested, as tollows: It to The Dc ekIJe-: Attn: John Arnold Pecan Grove Phase II Ltd. tS214 westcMester Drive Suite 710 Dallas, I X 75225 V. Attn: City IDlanager City of Anna 11I M. Puwell ParRway Anna, TX 75409 This Agreement is tu ensure fulfillment ut the City"s land use and suBdivision rcyuirtimcnts as applicable to all ur any part uf the abuve-reterenced property. The City is not an uvvner uf the luts or areas governed by this Agreement and this is not an agreement for the pruvisiuns of guuds or services to the City. To the extent that any other agreement between the parties -onfli,-ts with this Agreement, then this Agreement shall govern to the extent uf the cunflict as pertains to the subject manner of this Agreement. (Remainder uf page lett Blank; signature pages to tollow) EScRuw AUREEMENT PAGE 2 OF 4 Developer: Pin.an vruve Phase II itd., a Texas Limited Partnership By: Pecan Grove Phase II GP, A Texas Lurpuratvi, ij" General Partner By: Juhn Ould, its Director Betore me, the ur•�derbignua notary public, on the ' ' ' day of Q , 2019, personally appeared John Arnula, known to me (or proved to mC) to be the person whose name is subscribed to the fureguing instrument, and acknowledged to mC that he executed tRe same in his capacity as uirectur of Pecan Grove Phase II GP Corporaticin, in its rapacity as general partner for Pecan Grove Phase li Ctd. NShannon Amj, My Im E*Fau- 01ro3/ M ID W. 131WI32 Mutary Public, State ut Texas ESLRvw AGREEMENT PAGE 3 OF 4 City vt Anna: By: Am Pr mace, Lity Manager Betore me, the undersigned notary public, un the day of 2019, personally appeared Jim ProcC, kiiciwn tu me (or proved to me) to Be the person whose name is subscribed to the furCguing instrument, and aLRnowledged to me that he executed the same in his capacity as City Manager of the City of Anna and on behalt of the City of Anna. Notary PuBlic, State of Texas Attachmcrits: EXhiBit "A': Pecan Grove Phase II Escrow Wurkshcet ESCROW AGREEMENT PAGE 4OF4 H <Y X LL M L C m 17 L M 6! a m a c a c o ar CL Ll o s 0 0 3 a, 3 M U U U O > u ? L L L m l "d L N U!I 4-1 %- in CI -a C LA- LL U- a) E > m3 41 4.1 « o al In4+ m u 'C L L L CI of v 3 3 3 a a = L Ca L O C. C a C= E4-1 `« u E O CI O- a su � C t O m aj u C O C_0 41 L 0 V !Z 4i+ W -a 3 .� 3 3 O VI L 4-s1 O O = a) N O CIF CI -0 O m L m CL 3 u u 4-1Y m m a c cl c N O v CA a N -o m p c cl c cl c 3 AL.'pC a_+ N C O o O u1i al AA O0 C aJ 'a a v a a a> +4 x� a, o ar m AA V,L +� +� tl c a' "= o L (U 3 w .� ci a 3 a E fO 4-1 ~ CLU O a Y E Y E Y ElCL Qi C a) 4-1 L L t O a1 L C L w O> L o> L al O c aj E �I O L NLL L N L N N p :..) LL CL4 M M Q F H H .E] U U O O O 0 O CI CI O w O CI CI O O O In CL O LCrI cl O O O In m ri Ln d r♦ ri d ri Lr i6 N 0 Lt• :41 U to 7# �/? Y# t t/1 aL :41 4A. u 2 C C c_ C_ C C a0.l 44 a a) a1 a1 a) 0 w N O � 3 3 a) 'a 3 3 3 a) a) a) a a > > U C u u C C C fl Q Q 97 Q Q u u p u O O O a Cl u u Sa o 0 oclzzcl z Zi z L � 0 U N C0 G N N > m L \ u O O O L L0 O c O E O c v N N In O C O c a] In N Lvv N N u a1ul ? m m O uO O m m O m O+ a) a O O m O m 3 m a uu `� cIQ 21 w J LL o m cl 3 75 75 O al E 04-4 H L L L avi v c 3 j V a v cu CL O o L m E _O m E 41 a uu on t' 3 a, N a c a Y — u i R cu H N Y Z fl 4-4 m 4 FI 0 0 a -a 00 m C O L L7 C 4-I m p C m a) _a cu m CL -a C s? 3 in L LA O 41 4-14-4 0 u � oj cu m E w o N U w C u O N LA O L CI L H N m E m cu L ns Q! m C C ,w a 3 o N N N (AtJ O _ N aa+ s - LL C E N m O a1 Q. .S VI wj C o a0 .N Q. C fl 0 0 al al s U0 O a) o m ni 3 O a — O C LA L m m u m LD L tYn 'a al +I m L m i> GJ(U L W 41l LA _0 Y al O r14 O � La N LO Y L m L Y LAC a) n + N J N 7 .Cl} L a m o CI a r-1 `� m — a1 44 U V,4-4O w ai a L U u C O V1 n al LI CL C d M 06 m O m }I O C CI � N "a r_ >, -a al i! L H N � 1� = CoC. d L N E N > In a: >` a O 7 N 3 L CI uu m L C C al O CL w i a) L a CI f0 4-I Ln N m m 4-1 0 > 0 a C N C �, O. a (U -Q N O > L a.l C O a) •N C 4 �+ a 4-I w �I U B -a i L a) L CI a C C Y a f0 G— C C :� ++ m C0 Q c a1 N OI 3 C. v C a C �, � Q L �I RI Q U a al a) y N O Q m m m 0 c a N m }, 0 4-1 m "a 0 C 4�O C a pi 3 Y C� L cL "a -a �I �, O N al (V 'a c t a1 — 3 m O CI �i C a! rI Y •Ln — O p1 u A E w — 3 O 4-1 Q C w u c v� O 'C El O N m u Cl•N aJ a N m m E E G CI p O L > N L O L Q O vi Cl 'a M L tl E 4+ m .0 _N 030 a) a1 io I1 01 y 3 LA 0 m L N c L c— c LL GI 3 u 3 (A -a L vNi o E 0 3 M-o W V m `^ o a� o +-I L C a C a eo C on 0 c m m -a U0 U0 ~ CI 0 ma c (U m c a m o �' c O m p m a O 3 N m O C C C L m m N C ~, O L a to L it O = d C 0 m >= 0 O + N .0 o UO .i c N 0 N 6 1 U C 'a OC to m L u aJ aJ O l0 aJ a L = pmp C .w CI 'a m C LL CI N C 3 m -1 3 L L u0 u C o tl1 V, m C/7 Q. fl O" 0 m m Lu m H m L a m V fl. LLa a.l N Lr) •i •� C L1D w E •�� Q omC tvD c 3> o ° 3 Y s L v Q) °� of Y .� 0 3 m V 1 -a c a J p 00 Ip L a3i 1A N q0 u .- CI (U OC a) a= u V 41 N h0 Y Q Y m C_ > 00 00 C O H yL1 (r) 4! in `� m o 4-1 O '� O C L C L Y J Y C L al = C O .� m fl p v- p 0 sl p = `- O Q1 C � ul u m C 3 L 3 VL u O u O m �I �+ m m N w m �I `-1 �, C m 'O LL m L]p 'a LI a� N N a.1 a G •L `-1 +•a m a) a) a-i Ou aJ m w 4-4CCN m 4) u O a) m m Ll Lr1 L J C J C: I W 3 F LL -i Ln JO / LA Ln L L _a d LL N o r-i n 'x cyi ,i Lri LG l-Z a Oi o N to d Lf Z, LD r e-i N M d' Lr) L.O l,: 00 Ol r-1 r--1 r'l r -f N Cs N N N n N N f, THE CITY OF Anna AGENDA ITEM: Item No. 6. City Council Agenda Staff Report Meeting Date: 10/15/2019 Consider/Discuss/Action on an Ordinance amending the FY 2020 Budget. (Economic Development Director Joey Grisham) SUMMARY: The proposed budget amendment includes funding for the following purposes: Economic Development Fund: On October 3, 2019, the EDC Board approved a Resolution amending the contract services line item by $150,000. The funds are needed for renovations to the Inc -Cube Building due to the purchase of the right-of-way (ROW) by the State of Texas for the expansion of State Highway 5. The EDC recently closed on the property with TxDOT/State of Texas and received $403,494. Exhibit A is attached reflecting the requested budget adjustments. STAFF RECOMMENDATION: Staff recommends approval of the Ordinance amending the FY 2020 budget. ATTACHMENTS: Description Budget Amendment Ordinance Exhibit A Signed Resolution Upload Date Type 9/29/2019 Staff Report 9/29/2019 Staff Report 10/3/2019 Staff Report CITY OF ANNA ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 830-2019 ADOPTING THE BUDGET FOR THE 2019-2020 FISCAL YEAR; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, on September 17, 2019, the City Council of the City of Anna, Texas ("City Council"), after a duly noticed public hearing as required under Texas Local Gov't Code §102.106, and in accordance with applicable provisions of the City of Anna, Texas Home -Rule Charter ("Charter"), adopted a budget of all municipal appropriations and expenditures for the 2019-2020 fiscal year; and WHEREAS, the City is authorized to make this budget amendment by majority vote of the City Council under Section 7.09 of the Charter; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: SECTION 1. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this ordinance for all purposes and are adopted as a part of the judgment and findings of the City Council with respect to the budget amendments described herein. SECTION 2. The City Council of the City officially finds, determines, and declares that the City of Anna 2019-2020 fiscal year budget is hereby amended with respect to its Economic Development Corporation (90) as set forth in the original budget adopted under Ordinance No. 830-2019 by replacing the information regarding said funds with the information relating to said funds set forth in the attached Exhibit A, incorporated herein for all purposes. SECTION 4. Upon adoption and execution of this ordinance, the City Secretary is directed to attach same and its exhibits to the original City of Anna 2019-2020 fiscal year budget in all places where said budget is filed as of public record or posted for public inspection. SECTION 5. If any provision of this ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this ordinance would have been enacted without such invalid provision. SECTION 6. It is officially found, determined, and declared that the meeting at which this ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including PAGE 1 OF 2 this ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. PASSED, APPROVED, AND ADOPTED on first and final reading on this 15th day of October, 2019. ATTESTED: APPROVED: City Secretary, Carrie Smith Mayor, Nate Pike PAGE 2OF2 Fund 90 i Remodel of Inc. Cube Building Contract Services $ 18,680 $ i 1S0,000 $ 168,680 I -Total Expenditure Increase 000 ANNA ECONOMIC DEVELOPMENT CORPORATION RESOLUTION NO. 0 -3' U I A RESOLUTION OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION REGARDING THE APPROVAL OF AND AUTHORITY TO AMEND THE 2019-2020 FISCAL YEAR BUDGET. WHEREAS, effective October 1, 2019, the Anna Economic Development Corporation (the "EDC"), with the approval of the City of Anna City Council, approved its current fiscal year budget; and WHEREAS, the EDC seeks to make a line item amendment to its budget due to additional funds being needed in the contract services line item (90-826-6703). NOW THEREFORE, BE IT RESOLVED BY THE ANNA COMMUNITY DEVELOPMENT CORPORATION, THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Adoption of Amendment to the Current Fiscal Year Budget The EDC Board of Directors hereby approves amending the Anna Economic Development Corporation current fiscal year budget as set forth in Exhibit A, amended budget, attached hereto and incorporated herein for all purposes as if set forth in full. The Board further directs that this amendment to the current fiscal year budget be submitted to the City of Anna City Council for approval. PASSED AND APPROVED by the Anna Economic Development Corporation this 3r4 day of L cto 6ev- 2019. M1 APPROVED: Anthony Richardson, EDC President ATTEST: 74/p�*&� Roci6 Gonz ez, EDC Secretary THE CITY CIF Anna AGENDA ITEM: Item No. 7. City Council Agenda Staff Report Meeting Date: 10/15/2019 Consider/Discuss/Action on a Resolution approving a Subdivision I mprovement Agreement for Green Meadows Subdivision by and between the City of Anna, Texas and Lackland Calmont, Ltd. (Director of Public Works Greg Peters) SUMMARY: Lackland Calmont, Ltd. is developing the Green Meadows Subdivision in the City of Anna. The sanitary sewer for the neighborhood will flow through a new off -site sanitary sewer main which connects to the existing Northpointe Lift Station. As a part of the project the developer is required to upgrade some of the equipment at the Northpointe Lift Station, including the pumps and electrical systems. The City is seeking to partner with the Developer to include some additional improvements in their project scope which are not required for the development. These items will improve the ability of the City to provide high quality sewer services to our neighbors. The proposed additional items include the installation of an emergency generator, SCADA system improvements, and odor control/grease control improvements. The Northpointe Lift Station does not currently have an on -site generator, and when power outages occur the station stops running. While these additional scope items are not required for the Green Meadows Subdivision, the Developer has agreed to provide partial funding, including 50% of funding required for the generator and associated work related to the design and installation of the generator. The installation of an on -site generator and SCADA system improvements will significantly improve the City's ability to maintain sewer system operation during power outages and provide more consistent monitoring of the system. These improvements will benefit all properties which sewer to the lift station. The City's proposed funding of the additional improvements shall not exceed the budgeted amount of $200,000.00. The funds will come from the Utility Fund. If approved, the Developer is prepared to move forward with ordering the equipment and starting the work. STAFF RECOMMENDATION: Staff recommends approval of a resolution approving a Subdivision Improvement Agreement for Green Meadows Subdivision by and between the City of Anna, Texas and Lackland Calmont, Ltd. ATTACHMENTS: Description Upload Date Type Resolution- Green Meadows Subdivision Improvement 9/30/2019 Resolution Agreement ExhibitA- Final Plat Green Meadows 9/30/2019 Backup Material CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING A SUBDIVISION IMPROVEMENT AGREEMENT FOR GREEN MEADOWS SUBIVISION BY AND BETWEEN THE CITY OF ANNA AND LACKLAND HOLDINGS, LTD, A TEXAS LIMITED PARTNERSHIP, AS SHOWN IN EXHIBIT "A" ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Green Meadows Subdivision is an active development project in the City of Anna; and, WHEREAS, the sanitary sewer of Green Meadows Subdivision will be collected and conveyed through an off0site sanitary sewer main to the Northpointe Lift Station; and, WHEREAS, the Developer is required to make improvements to the Northpointe Lift Station, including the installation of new pups and electrical components; and, WHEREAS, the City has identified additional improvements to the Northpointe Lift Station required to better serve the existing community, including the installation of SCADA system improvement and an on -site generator; and, WHEREAS, the Developer has agreed to construct, install, and share a portion of the costs of the additional improvements identified by the City; and, WHEREAS, the Utility Fund shall be used to fund the total City share of the cost of the identified additional improvements in an amount not to exceed $200,000.00. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization of Funding. That the City Manager is hereby authorized to fund the improvements as described in the Subdivision Improvement Agreement attached hereto as Exhibit "A." PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 15t" day of October 2019. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike I I LOT 2 1 1/2" IRFC 1/2" IRFC "ROOME" - - 11 4613" - LINE TABLE NO. BEARING LENGTH L1 S43°58'59"E 42.43' L2 N46°01'01"E 42.43' L3 N46°01'01"E 14.14' L4 S43°58'59"E 14.14' L5 N43°58'59"W 14.14' L6 S46°01'01 "W 14.14' L7 N43°58'59"W 14.14' L8 S46°50'22"W 14.35' L9 S54°41'23"E 13.96' L10 S34°34'28"W 14.14' L11 N40°29'04"E 14.14' L12 N38°43'00"E 13.73' L13 S51°23'26"E 14.63' L14 N38°34'47"E 13.69' L15 N50°57'53"W 14.51' L16 S39°03'29"W 13.80' L17 N50°51'39"W 14.49' L18 S43°30'08"E 14.25' L19 N46°31'25"E 14.04' L20 S88°58'59"E 35.11' L21 N01 °47'33"E 43.76' L22 N40°29'04"E 7.73' 1 LOT 3 I LOT 4 1/2" IRFC 1/2" IRFC "ROOME" - - - - - f 114613" I LOT 8 LOT 5 I LOT 6 I LOT 7 SUMMER LAKE COUNTRY ESTATES, LOTS 1 THRU 12, BLOCK A VOL. 2016, PG. 415 P.R.C.C.T. - - r1/2" IRF - - - - - - I W. CRENGER SURVEY ABSTRACT NO. 164 1/2" IRF (LEANING) LOT 9 45' RIGHT-OF-WAY DEDICATION P'O'B'-\ VOL. 2016, PG. 415, P.R.C.C.T. ° ' " MAG NAIL SET APPROXIMATE LOCATION �y �� � 4 � S88 58 59 E 855.23' /-OF ABSTRACT LINE 100D NAIL N\--� f� �� s� FOUND BEARS r` S 4°30' E 1.9' M \ RIGHT-OF-WAY DEDICATION o TO THE CITY OF ANNA N88°58'59"W 851.58' M COUNTY ROAD NO. 1106 - - - - - - - - - - - - - - - - - - - - Imo\ 5'WALLMAINTENANCE EASEMENT---619.62' --::�2FVTATER ---------------------_--- 23195'_------ _ 1/2"IRFC MAINTAINED BY H.O.A. - LINE EASEMENT BLOCK F N 5' WALL MAINTENANCE EASEMENT (ILLEGIBLE) - - _546.96'. - - NST. NO. 20170706000882960, O.P.R.C.C.T. LOT 1X-HOA MAINTAINED BY H.O.A. pl � --- ��------ M C1---- 161.58' " BEARSN75°47'W0.6' N88°58 90_51'_ _ 1 X-HO_A N88°58'59"W 355.00' _ 21.21' - - - - - - - 20.09' 170.41' 60.00' 60.00' 60.00' 60.00 60.00' 55.00' `7 �L 21.21_37X-HOA N88°58'59"W 176.38' 23.10' 55.00' 60.00' 61.38' 06 N BLOCK A 21.21' I Q I a; 1 21.21' W W I BLOCK B \ BLOCK D WQo \ CD P 1 O I� O O O O 1 2 W 1 p I I J O �I �I �I �I I o I 9 DRAINAGE 20' ASS°919 7 zl x t,70 o wl wl w w wl m 1 �1 W I i I� I m 36 W1 35 W1 10 I I EASEMENT _� 6 0 5 _0 4 0l 3 0l 2 0l 1 �I1�1 v v 1�1I of o) 34 I \ ,&Sr �V. z � 0 Z Z z z z V.A.M. � `- I I V.A.M. z 25' B.L. Z o 15.22' _ �- 25' B.L_ S.W.M.E. I 5.5' 5.5' 1 S.W.M.E. 10' U.E. 11 cMo / (DETAIL - A) \ 10' U.E. � 34.5' 34.5' (DETAIL - A) �- � � 60.57' \ ' I $_60.00' 60.00'_ 60.00'_ - 6i 0.00' _60-00 �� C2 �� 60.00'- \ I BELFORD m� /� ABERDEEN DRIVE N M 3.16' a ���,\ L_ - STREET NORTH N M SCR - _ N88°58'59"W 483.98' �\ - co 10 V.A.M. I M 241.91' V.A.M. LO - - 36d S.W.M.E. S.W.M.E. 133.20' 108.87' V.A.M. '90- N85°29'04"E 117.79' ^ � (DETAIL - A) W N S.W.M.E. - - N _ 221.48_ _ _ (DETAIL - A) L20 j o � 222.00' (DETAIL - A) �'? 12 \o C' "'i;�1X-HOA ") 10.00,----------- ----- o v __V.A.M. _____ N88°58'59"W 241.95� 10' U.E. 10.00' "' 19.5 S.W.M.E. 0.10' - - z 1X-HOA �10'U.E. rb ' 9 1 LL! 1 0.42' (DETAIL - A) 19.90' - I I o 9.58' _ N88°58'S9"W 242.32' _ _ 0 I o I co I - - -- w co c I cog 1 120.44' I --I c rn o 121.88' (�I I 1 30 I� I I_ Ln N85°29'04'E 122.2 o 4 _ - I _ co cn I c! U I BLOCK D o O v 13 9 IoI �� co I I� �'I 1 NI 12 1� Q W LU 10 Io _ �I I O Cf ' o I I o I I N85°29'04"E 121.08' I co 17.06' _ S85°29'04"W 120.94' 16.11' BLOCK E M X - oo N85°29'04"E 120.00' 50 OD I U) I 10.01' I N I N85°29'04"E 122.52' 1 25' 25' M - N85°29'04"E 120.01' I 29 I �, I I 0 14 4.65' ui o o f ai 50' cwo 1 oI I I O I 1 _ rnl 2 mICq I �� 25 25 1 _'�7o con 11 1 �I I m NORTHPOINTE CROSSING, U- I _ Io I J 2 C° I °� PHASE 1 NORTH o m IU) W b 11 1 co 50' � � N85°29'044'E 121.0� o I VOL. 2006, PG. 819 o I I Lo 25' 25' 1� 121.00' I' o I N I coP.R.C.C.T. co S85°29'044_'W N85°29'04"E 120.00' I ' IDRAINAGE 4"E 120.00' I I C6 1 o V_TN 85°29'04' E 122.52' - II J 10 10 0 1 I of BLOCK C o 2$ N 1 � IW i o M I I EASEMENT151 1 o W of N 3 Q0 1 N j I q 10 :3 CD MI ~ I I I I I d o 12 NI Icon > 1 w l01 3 0LU N85°29'04�'E 121.00' I co S85°29'04"W 121.00' I of Q o I c I I � W -- `° BLOCK A I I I � I m Q I M N85°29'04E 120.00' T a I I W Y I ,n a N85°29'04"E 122.52' � z M - ' N85°29'04"E 120.00' v l w I o u�i w I I I v 0 _ Cfl J W co �� I I " LL Io1 27 I`° W m 10 m Z I- O q 1 4 I I U t o 0 9 1 I I 16 SOUTH BELFORD I I� Io 13 I I I N85°29'04"E 121.00' ?10 I 4 coo I I I CIRCLE 0 1 w 1 S85°29'04"W 121.00' 1( o I I I I m l 1 N85°29'04"E 120.0�r - 1 I 26 I ool N85°29'04"E 122.52' I N85°29'04"E 120.00' C') 1 BLOCK D I / I Io w to / of o I I old, $ 1� � I oI I� I 5 l0 14 I� _ °°1 5 I N85°29'04"E 121.00' co I o Icon I I 1 S85°29'04"W 121.00' 14.91' I can 21.02' N85°29'04"E 120.0�1 I 17 _ I 14.91' I I ' N85°29'04"E 122.33' I I 18 I 19 N85°29'04"E 120.00' I � I I 9.55' M 25 10I BLOCK D 1; 7 I CALLED 17.304 ACRES I M 1 6 `n I I I �11 I 6 oI V.A.M. coo JOSEPH LOREN STEWART I o 15 I I I V.A.M. I g.W.M.E. I 1/2" IRFC VOL. 805, PG. 270 0 1 or, 120.27 (ILLEGIBLE)- I S.W.M.E. (DETAIL�A-)-r D.R.C.C.T. I0 I 1� I I ,� I1 �S83�'31 W 4 1 N83°24'51 E 121.63' 1 1 UI co I (DETAIL - A) 10, U.E. 15�B.L. - - - - - FAT I �� o I o ZF\SPEC NO VS 6 PgS�RA N85°29'04"E 120.84' I w I OO - - 110.00 � 1/2" IRFC - 57.50' JJ - ^ I O z CONSU'NUALTANTS" I rn I� 28.37' V/ 0 w M � 24 < t o V11 I 7 cn cn cn I I 9 22.95' S85°29_ 0�52.50' V Q v \ Q 39 0 16 I� (D - o I I 120.54' 9.7V _ S79°34,28„W C12 WYNDSOR TRAIL L 0 co I 38 co I Sg1°04'24� N80°39'34 E 121.24 23�16' 58.22, N _ y6� / ", 1 1 I 23.21' 60.00' 1 BLOCK I 20' I N85°29'04"E 124.03' z 60.07E. - - 8.53' Q p w23.97' D rno� N 23 w I w 23'2� � 1 1. cn \ M I =1M � I $ co w o I� 25' B.L. CURVE TABLE caw o 17 I 121,00' LO ' 34'28"E �1.00ri ' I V.A.M. �I \ co ` 24.29' 34'28" N79° I 1 I I S.W.M.E. �' co - NO. DELTA RADIUS LENGTH CHORD BEARING CHORD 14.53' I S79, o (DETAIL - A) !I 31 !I 32I 33 aI w I 40 ° 9.55' 1 I. ,I I z O N85 29 04 E 12 0 I I o � I I w 30 � I col �, Q X C1 180°00'00" 5.50' 17.28' N88°58'59"W 11.00, ' I I o 22 '. b o I NORTHPOINTE CROSSING 1 9 0 0 91 o "' 6 I- PHASE 4 WEST & PHASE 4 EAST C2 180°00'00" 5.50' 17.28' S88°58'59"E 11.00' I ' I r Z z 1 I d VOL. 2019, PG. 63, P.R.C.C.T. C3 88°33'52" 50.00' 77.29' N44°42'03"W 69.82' Z 18 I n?' o I I W 121 p0' 1 N79°34' =E �1 p0 N I III z D E I I O -1- I I o I t 0 I ' 60 60.00.00 60.00' C4 165'16'03" 50.00' 144.22' N44°22'32"W 99.17' 68.12' ' 41 128.26' o N_' (1 N85°29'04"E C5 4°05'48" 600.00' 42.90' S02°28'01"E 42.89' 21 N I I�1w I I I ofI I�12006 5°31'56" 600.00' 57.93' S01°44'57"E 57.91' ' IIrn o 19 W 1 l 0 0' '0II INw 1 BLOCK B 8" 50.00' 78.22' S46°12'02"W 70.48' 79°42C7 89°37'5W121I� I rn1 N I It 42 Y I C8 165°01'21" 50.00' 144.01' S46°15'40"W 99.15' O I I N rn o rn VE 2 N85°29'04"E 126.97' cn I 11 0! I I w w N WN\SPK�RNORo�1 C9 5°53'58" 890.00, 91.64' S01°33'56"E 91.60' X I N 0-"3 11 CO RPgS�RpC 1 I C10 5°54'36" 1490.00' 153.69' S07°28'14"E 153.62' N I t o m o I o N 20 M 20 I N w I 00' 34,2g„E �1 00' r` 43 C11 5°54'36" 1198.00' 123.57' S07°28'14"E 123.52' I o I 1 I 1 38X-HOA ct I co NI 3xv W 121 I I - - C12 5°54'36" 250.00' 25.79' S82°31'46"W 25.78' I I I 1 1 1 1 S79� I w 1 I T - N85°29'04"E L33.1 � 01 I to I I DRAINAGE C13 90°00'00" 50.00, 78.54' N40°29'04"E 70.71' rn �1 EASE ENT I - - 35' I l0 19 I I co C14 90°00'00" 75.00' 117.81' N40°29'04"E 106.07' I 16 0l 12 o M 1 0 5Y 44 C15 11'10'58" 3810.00' 743.63' N04°50'02"W 742.45' o b o 21 IN I I 12100' N79°34'2 .00 I 25, 25, 1 11 0 o c° I I 1 1 S79°��� 12.07' 26.11' 1 C16 11'14'21" 4102.00' 804.66' N04o48'21"W 803.37' I� o I !I N85°29'04"E 139.39' I Z'o BLOCK C C17 88°48'41" 50.00' 77.50' S43°38'54"E 69.97' '- : I 1.I 13 °' co =! 18 I -' I 1 C18 165'15'20" 50.00' 144.21' S43°39'01"E 99.17' oI I I �' 5 �I r N i I� 45 1 25 C19 91°07'57" 50.00' 79.53' N46°22'48"E 71.41' z o 22 I 25 I I 120.95' N8003'46 BLOCK 0 I I 21.67' °53,54„W ° W I C20 164°53'45" 50.00' 143.90' N46°22'34"E 99.13' DRAINAGE (013.65' S79� 11.35' EASEMENT N85°29'04"E 145.58' col � 1LO 6' I CO. - I I I I 17 N I � � 1 46 14 LO U I o`w BLOCK A 23 I to E 121.00' N �I I 1 CP Sg0°�,2= 120 g�j N 3�- 1 N85°29'04"E 141.09' I cn C6 bo w I� - 16 V.A.M. I - SHEET 2 J rn, mIIII "V.A.N6 M �. S.W.M.E. I 1 MATCHLINE 24 " I �I 0 0 S.W.M.E. °UU) o (DETAIL - A) ' ,n o V.A.M. I co n I (DETAIL A) 15' B.L. - _ - - - ti MIS S.W.M.E. _ 110.10' z 15, B.L. tDETAIL - A)-\\ < 112.34 \ - - -- 136.2�1_ 45.00' AS �- ATCHLINE -SHEET 2 in " LOT LINE r 25' -, R.O.W. DETAIL - A VISIBILITY, ACCESS, MAINTENANCE EASEMENT, & SIDE WALK MAINTENANCE EASEMENT NOTES: GRAPHIC SCALE IN FEET 60 0 30 60 120 1 " = 60' @ 24X36 1. All bearings shown are based on grid north of the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. All dimensions shown are ground distances. To obtain a grid distance, multiply the ground distance by the Project Combined Factor (PCF) of 0.99987956421. 2. According to Community Panel No. 48085CO070J dated June 02, 2009 of the National Flood Insurance Program Map, Flood Insurance Rate Map of Collin County, Texas, Federal Emergency Management Agency, Federal Insurance Administration, this property is within Zone "X-Unshaded", which is not a special flood hazard area. If this site is not within an identified special flood hazard area, this flood statement does not imply that the property and/or the structures thereon will be free from flooding or flood damage. On rare occasions, greater floods can and will occur and flood heights may be increased by man-made or natural causes. This flood statement shall not create liability on the part of the surveyor. 3. All lots labeled with an X are open space lots. All open space lots are to be owned and maintained by the HOA (homeowners' association). 4. Proposed private retaining walls located on private lots to be maintained by the property owner. VICINITY MAP NOT TO SCALE PARK M co 0 373 1106 429 \ - SITE M NORTH 371 LEGEND L.R.C.C.T. LAND RECORDS COLLIN COUNTY, TEXAS O.P.R.C.C.T. OFFICIAL PUBLIC RECORDS COLLIN COUNTY, TEXAS P.R.C.C.T. PLAT RECORDS COLLIN COUNTY, TEXAS IRF IRON ROD FOUND IRFC IRON ROD WITH CAP FOUND IRSC IRON ROD WITH "KHA" CAP SET VOL. VOLUME PG. PAGE INST. INSTRUMENT No. B.L. BUILDING LINE DE DRAINAGE EASEMENT SSE SANITARY SEWER EASEMENT UE UTILITY EASEMENT VAM VISIBILITY, ACCESS, & MAINTENANCE ESMT. MIN.FFE MINIMUM FINISHED FLOOR ELEVATION FINAL PLAT GREEN MEADOWS BLOCK A, LOTS 1-25X; BLOCK B, LOTS 1-38X; BLOCK C, LOTS 1-30; BLOCK D, LOTS 1-12; BLOCK E, LOTS 1-18; BLOCK F, LOT 1 X 120 RESIDENTIAL LOTS 8 OPEN SPACE LOTS 35.056 ACRES OUT OF THE Z.F. LISTER, A-546 CITY OF ANNA, COLLIN COUNTY, TEXAS JULY 2019 a rn 0 N W w Y m MATCHLINE - SHEET 2 ►1 --'137 72' __-- 46.50' __---_- \ 15' B.L. V.A.M. uj I _ \ YJ S.W.M.E. 0 0 1 (DETAIL - A) r `y tiLO ' f S85°29'04" 71'LO I I U \ o 0 2 NI ir I \ oV c0 F-S85°2904W 163.74' I 1 O 35' I o ti << \ 3LO CD I I M I GIN CALLED 17.304 ACRES o0 O< y \ JOSEPH LOREN STEWART CO I VOL. 805, PG. 270 _ < P 7 D.R.C.C.T. I \ yi I S85°29'04"W I 10� � a I I Io r' 2 BLOCK B 4 I Imo° I \ N ca 50 - - I ' CO\ I\ ZF `j�G 546 o S85°29'04"W 3 I 25' Pg5 101 Q0 C, 5 I C I C I I C) I o \ \ M I _ \ \ \ z N I 985°29704"W rn \ 0 6 I o I "'I II \ \ rn o S85°29'047W \ �N� �7 7 \ O I . 2O �� O \ = CD0 7 I 1 coo 0 1-23X o I Z a.N)1j \ 6� oqC�70� \ I 78579'04"W 157.08I i ui \ U \ I m 6, $ O \ C I o � o N I 1 '0 S8579'07W I 1 \ \ I I 9 Ico \ \ \ C° 2.66' \ S85°29'04'7 146.15' 'o \ \ Imo- I 120 5p RA SHEET 2 � �, , MA-TCHLINE - oino I woo 9- - I I N S81°53'04"W 152 no N o 9 co � 48 I I I I 29 m co 35' - � h II I - I W S85°29 04"W 510 35' - - W o� 292.46' S82°42'45' W w BRYSON DRIVE <, I I M °C - _ o � DRAINAGE I 49 U) 1 N � � � 111.14' � EASEMENT z `� 11, 4' ---- 2$ 15' B.L. V.A.M. I I I W V.A.M. S.W.M.E. uiI �- I ul S.W.M.E. �i (DfTAIL - A) 3 I rn S8 �3.73' O a �- 1 "' I� S83°3226 W c', (DETAIL) - A) I 1 I 50 m 10 I c Z c? M I BLODCK I EMI` ICI m M LQ _ N d- co I N 27 0 NORTHPOINTE CROSSING S83°42'29"W 121.00 II I I - - 1I 121.00' I 10 -PHASE 4 WEST &PHASE 4 EAST JT83°42'29"W �I I M U I VOL. 2019, PG. 63, P.R.C.C.T. II II S m _ N 51 I BLOCK E a v 17 N 1 co o I I S84°22'07"W 145.23' Iv I I- F� I Z co I �m 2 � I I I LO I z - - N I 26 N 121.00' I I Ic° I C° I S84°35'55"W a, I - - - 121.00' I I �I � 20.13' S84°35'55"W rn 1 - � 137.65' co i 16 11 I 1 I cli S85° 11'4 57.78' I 52 - - �- I I I 3 z I I I N � 25 N I _ S85°29'21"W 121.00'I ICI I � I - - S85°29'21"W 121.00, I I I 1 I m _ 53 I 9 I � - 15 I coI I 1 I S86°0128"W 151.08' ICI 4 1 Mcl) I� N o �, Z 50' I BLOCK B - - 1 25, I I 24 N _ 25' S86°22'47"W 121.00'I 1 I M 54 I S86°22'47"W 121.00' 11 I I - - I I c 14 coI S86°51'09"W 145.29' co- 1�1 I 5 co IMI I I 1 �1 � I 55 LL1 I S87°16'13'W 121.00, 1 1 23 i S87°16'13"W 121.00' W I I I 6 0 °' 13 I `' S87°40'49"W 140.41' 1 0 0 I 56 Y co I ��; vE Imo' I Z o I I Y (� I 22 I R WH�TPPCRN Rp1� O 1 __ I I Ill 61 I PBgSR � Ln S88°09'40"W 121.00' � S88°09'40"W 121.00' 1 U W 7 M 12 I I S88°30'30 W 136.42' I I -- M I I M z 57 0 LO I I N C° BLOCK E `O LLI 11 I F _ z -- I I I °° I`° I I 21 L-_ -- I� S89°03'06"W 121.00' S89°03'06"W 121.00 I I 1 0 - - - ca> w 58 ~ _ 1 W $ 6, ? 1 ui S89°20'11"W 133.33' o z W cfl1 I p 11 J I Ic+> D I = I W rn a m M m o ri I o _j WU �'IJ N < < Z N �`° rn� 4, 20 0 xX - - I cn __ __ co IN I S89°56'32"W 121.00' S89°56'32"W 121.00 I� I S88°1 m � I 59 W I 9 2 27 E 131.11' T I I O.y� 01 :IN 10 I I� �I U L.LI 04 < I - - I `° I S.W.M.E. 9 ZI°° V.A.M. I Lo I 19 MIN FIFE CD W x (DETAIL -A) S.W.M.E. I I I 7az.10 �� Z O 60 I 4, 15' B L (DETAIL - A) 8.1 T O I - - _ s _ _ \ S88°12'27"E 125.46' C111.01111.01 - - - p >> I G \ \ I I- MIN FIFE 10 o S88°03'14"E 192.04' _ o in N �� S01 I ID I I 18 MIN FIFE I 61 NORTHPOINTE CROSSING \ I o 745.11 L0 3,3 3 6 / 742.10 \ SAXON TRAIL PHASE 4 WEST &PHASE 4 EAST o \ C, 3.51' N �I VOL. 2019, PG. 63, P.R.C.C.T. \ 1R653 \cP3 p8 .� 18.28' GOp/�'� o I I 10 I 11 60.00' sg5 0.5 j \ ` 49-9 - 10' U E. 60.00' \ 97 N6` I BLODCK 62 I �- - - - - - - - - 3 \ \ I CO N - 20.58' /0� 2 4 „ 25' B.L. N Gj vy (V CV 3 �60 oM Mo o iv 17 \ MIN FFE LL11 WI 1 N Q `'- 745.11 M o �p 14 w w1 O I� \ \ 'i'sr6°� o 12 �1 13 �1 15 MI X M14264E 63 s 9 N °� _� BLOCK B �1 (0 16 � rn I I \ ` MIN FIFE LO Z Z Z �I `io io MIN FIFE 00 \ \ I 19X-H OA S 745.11 743.54 n743 54E n743 54FIFE Z n742 64 N � L_ - - - \ \ \ � Z I - 1/2" IRFC \ EC&D" CALLED 5.039 ACRES GREATER TEXAS UTILITY AUTHORITY INST. NO. 20060412000488200 O.P.R.C.C.T. X 23.58' 93.02' 60 00' 1 64 _ 60.00 _ 60.00' 75.09' ' - N88°03'14"W 371.70' - I _ S88°03'17E 122.81' OCATION o ,_- NE Lo D.E. & S.S.E. 19X-HOA � 0 1 / Lo 100-YR FLOODPLAIN N88'03'1 28�41- 1/2" IRF 40, \ \ \ INST glNgG \ \ L----- O 'lV EEq- - - - - - - - - - \ 7-pg0118 .�EQq NT URVE NORTHPOINTE CROSSING oo>4S1 MOOReSN0 62 DRAINAGE EASEMENT &SEWER PHASE 4 WEST & PHASE 4 EAST EASEMENT o S PCj VOL. 2019, PG. 63, P.R.C.C.T. ? \ p6SjR INST. NO. 20190124010000370 BLOCK D OPEN SPACE / LOTIX / / N LOT LINE �25' -, R.O.W. DETAIL - A VISIBILITY, ACCESS, MAINTENANCE EASEMENT, & SIDE WALK MAINTENANCE EASEMENT NOTES: GRAPHIC SCALE IN FEET 60 0 30 60 120 1 " = 60' @ 24X36 1. All bearings shown are based on grid north of the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. All dimensions shown are ground distances. To obtain a grid distance, multiply the ground distance by the Project Combined Factor (PCF) of 0.99987956421. 2. According to Community Panel No. 48085CO070J dated June 02, 2009 of the National Flood Insurance Program Map, Flood Insurance Rate Map of Collin County, Texas, Federal Emergency Management Agency, Federal Insurance Administration, this property is within Zone "X-Unshaded", which is not a special flood hazard area. If this site is not within an identified special flood hazard area, this flood statement does not imply that the property and/or the structures thereon will be free from flooding or flood damage. On rare occasions, greater floods can and will occur and flood heights may be increased by man-made or natural causes. This flood statement shall not create liability on the part of the surveyor. 3. All lots labeled with an X are open space lots. All open space lots are to be owned and maintained by the HOA (homeowners' association). 4. Proposed private retaining walls located on private lots to be maintained by the property owner. VICINITY MAP NOT TO SCALE PARK M OD 0 373 1106 429 SITE M NORTH 371 LEGEND L.R.C.C.T. LAND RECORDS COLLIN COUNTY, TEXAS O.P.R.C.C.T. OFFICIAL PUBLIC RECORDS COLLIN COUNTY, TEXAS P.R.C.C.T. PLAT RECORDS COLLIN COUNTY, TEXAS IRF IRON ROD FOUND IRFC IRON ROD WITH CAP FOUND IRSC IRON ROD WITH "KHA" CAP SET VOL. VOLUME PG. PAGE INST. INSTRUMENT No. B.L. BUILDING LINE DE DRAINAGE EASEMENT SSE SANITARY SEWER EASEMENT UE UTILITY EASEMENT VAM VISIBILITY, ACCESS, & MAINTENANCE ESMT. MIN.FFE MINIMUM FINISHED FLOOR ELEVATION FINAL PLAT GREEN MEADOWS BLOCK A, LOTS 1-25X; BLOCK B, LOTS 1-38X; BLOCK C, LOTS 1-30; BLOCK D, LOTS 1-12; BLOCK E, LOTS 1-18; BLOCK F, LOT 1 X 120 RESIDENTIAL LOTS 8 OPEN SPACE LOTS 35.056 ACRES OUT OF THE Z.F. LISTER, A-546 CITY OF ANNA, COLLIN COUNTY, TEXAS JULY 2019 a v v rn 0 N 00 co OWNER'S CERTIFICATE OWNER'S CERTIFICATION STATE OF TEXAS § STATE OF TEXAS § NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN § COUNTY OF COLLIN § WHEREAS LACKLAND CALMONT, LTD., are the sole owners of the following described tract of land: BEING a tract of land situated in the Z.F. Lister Survey, Abstract No.546, City of Anna, Collin County, Texas and all of a called 35.056-acre tract of land described in Special Warranty Deed to Lackland Calmont, Ltd., as recorded in Instrument No. 20181005001250540, Official Public Records, Collin County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at the northwest corner of said 35.056-acre tract, common to the northeast corner of a called 17.304-acre tract of land described in a deed to Joseph Loren Stewart, as recorded in Volume 805, Page. 270, Deed Records, Collin County, Texas, same being on the centerline of County Road No. 1106, a variable width right of way, from which a 100D nail found for witness bears South 04o3O' East, 1.9 feet; THENCE South 88°58'59" East, along the north line of said 34.813-acre tract and the centerline of said County Road No. 1106, a distance of 855.23 feet to a mag nail set for the northeast corner of said 35.056-acre tract, common to the northwest corner of a right-of-way dedication for said County Road No. 1106 shown on the plat of Northpointe Crossing, Phase 1 North, recorded in Volume 2006, Page 819, Plat Records, Collin County, Texas; THENCE South 01 °47'33" West, departing the centerline of County Road No. 1106, along the east line of said 35.056-acre tract, and along the west line of said Northpointe Crossing, Phase 1 North and the west line of Northpointe Crossing, Phase 4 West & Phase 4 East, recorded in Volume 2019, Page 63, said Plat Records, a distance of 2064.51 feet to a 1/2 inch iron rod found for the southeast corner of said 35.056-acre tract, common to an ell corner of said Northpointe Crossing (Phase 4 West); THENCE North 88°03'14" West, along the south line of said 35.056-acre tract and a north line of said Northpointe Crossing (Phase 4 West), a distance of 628.41 feet to the southwest corner of said 35.056-acre tract, common to the southeast corner of the aforementioned 17.304-acre tract, from which, a flat iron rod found for witness bears North 04°0' West, 1.1 feet; THENCE North 04°30'56" West, departing said north line of said Northpointe Crossing (Phase 4 West), along the west line of said 35.056-acre tract and the east line of said 17.304-acre tract, a distance of 2063.74 feet to the POINT OF BEGINNING and containing 35.056 acres (1,527,044 sq. ft.) of land, more or less. THAT LACKLAND CALMONT, LTD.; acting herein by and through their duly authorized officers, do hereby adopt this plat designating the hereinabove described property as GREEN MEADOWS, an addition to the City of Anna, Texas, and does hereby dedicate, in fee simple, to the public use forever, the streets and alleys shown thereon. The streets and alleys are dedicated for street purposes. The easements and public use areas, as shown, are dedicated for the public use forever, for the purposes indicated on this plat. In addition, utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public's and City of Anna's use thereof. The City of Anna and public utility entities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Anna and public utility entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time of procuring permission from anyone. The undersigned does covenant and agree that the access easement may be utilized by any person or the general public for ingress and egress to other real property, and for the purpose of General Public vehicular and pedestrian use and access, and for Fire Department and emergency use, in, along, upon, and across said premises, with the right and privilege at all times of the City of Anna, its agents, employees, workmen, and representatives having ingress, egress, and regress in, along, upon, and across said premises. This approved subject to all platting ordinances, rules, and regulations of the City of Anna, Texas. WITNESS, my hand at LACKLAND CALMONT, LTD. By: NAME - AUTHORIZED SIGNATORY STATE OF TEXAS COUNTY OF r�1 this the day of 20 Before me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purpose and considerations therein expressed. Given under my hand and seal of office, this Notary Public in and for the State of Texas My Commission Expires: LOT TABLE LOT NO. ACRES SQ. FT. BLOCK A LOT 1 0.206 8,980 BLOCK A LOT 1X 0.232 10,119 BLOCK A LOT 2 0.180 7,837 BLOCK A LOT 3 0.180 7,837 BLOCK A LOT 4 0.180 7,837 BLOCK A LOT 5 0.180 7,837 BLOCK A LOT 6 0.175 7,622 BLOCK A LOT 7 0.340 14,795 BLOCK A LOT 8 0.293 12,760 BLOCK A LOT 9 0.168 7,327 BLOCK A LOT 10 0.166 7,249 BLOCK A LOT 11 0.165 7,200 BLOCK A LOT 12 0.165 7,200 BLOCK A LOT 13 0.165 7,200 BLOCK A LOT 14 0.165 7,200 BLOCK A LOT 15 0.166 7,214 BLOCK A LOT 16 0.168 7,334 BLOCK A LOT 17 0.174 7,597 BLOCK A LOT 18 0.178 7,734 BLOCK A LOT 19 0.176 7,657 BLOCK A LOT 20 0.179 7,805 BLOCK A LOT 21 0.188 8,177 BLOCK A LOT 22 0.196 8,550 BLOCK A LOT 23 0.198 8,605 BLOCK A LOT 24 0.230 10,016 BLOCK A LOT 25X 0.682 29,707 BLOCK B LOT 1 0.239 10,403 BLOCK B LOT 2 0.217 9,438 BLOCK B LOT 3 0.226 9,846 BLOCK B LOT 4 0.226 9,852 LOT TABLE LOT NO. ACRES SQ. FT. BLOCK B LOT 5 0.225 9,801 BLOCK B LOT 6 0.223 9,692 BLOCK B LOT 7 0.219 9,527 BLOCK B LOT 8 0.214 9,304 BLOCK B LOT 9 0.207 9,022 BLOCK B LOT 10 0.237 10,340 BLOCK B LOT 11 0.282 12,296 BLOCK B LOT 12 0.203 8,841 BLOCK B LOT 13 0.180 7,843 BLOCK B LOT 14 0.180 7,843 BLOCK B LOT 15 0.180 7,843 BLOCK B LOT 16 0.188 8,201 BLOCK B LOT 17 0.367 15,968 BLOCK B LOT 18 0.215 9,350 BLOCK B LOT 19 0.179 7,808 BLOCK B LOT 19X 1.474 64,206 BLOCK B LOT 20 0.187 8,159 BLOCK B LOT 21 0.188 8,171 BLOCK B LOT 22 0.193 8,389 BLOCK B LOT 23 0.199 8,662 BLOCK B LOT 24 0.206 8,992 BLOCK B LOT 25 0.215 9,378 BLOCK B LOT 26 0.197 8,575 BLOCK B LOT 27 0.208 9,072 BLOCK B LOT 28 0.217 9,462 BLOCK B LOT 29 0.217 9,438 BLOCK B LOT 30 0.203 8,852 BLOCK B LOT 31 0.167 7,266 BLOCK B LOT 32 0.167 7,266 BLOCK B LOT 33 0.174 7,596 day of LOT TABLE LOT NO. ACRES SQ. FT. BLOCK B LOT 34 0.218 9,516 BLOCK B LOT 35 0.170 7,399 BLOCK B LOT 36 0.206 8,980 BLOCK B LOT 37X 0.058 2,535 BLOCK B LOT 38X 2.104 91,652 BLOCK C LOT 1 0.215 9,367 BLOCK C LOT 1X 0.109 4,735 BLOCK C LOT 2 0.167 7,260 BLOCK C LOT 3 0.167 7,260 BLOCK C LOT 4 0.167 7,260 BLOCK C LOT 5 0.167 7,260 BLOCK C LOT 6 0.170 7,407 BLOCK C LOT 7 0.171 7,448 BLOCK C LOT 8 0.169 7,380 BLOCK C LOT 9 0.167 7,260 BLOCK C LOT 10 0.167 7,260 BLOCK C LOT 11 0.167 7,260 BLOCK C LOT 12 0.167 7,260 BLOCK C LOT 13 0.167 7,282 BLOCK C LOT 14 0.168 7,322 BLOCK C LOT 15 0.202 8,806 BLOCK C LOT 16 0.201 8,773 BLOCK C LOT 17 0.168 7,337 BLOCK C LOT 18 0.168 7,303 BLOCK C LOT 19 0.167 7,260 BLOCK C LOT 20 0.167 7,260 BLOCK C LOT 21 0.167 7,260 BLOCK C LOT 22 0.167 7,260 BLOCK C LOT 23 0.169 7,343 BLOCK C LOT 24 0.172 7,489 20 LOT TABLE LOT NO. ACRES SQ. FT. BLOCK C LOT 25 0.171 7,430 BLOCK C LOT 26 0.167 7,260 BLOCK C LOT 27 0.167 7,260 BLOCK C LOT 28 0.167 7,260 BLOCK C LOT 29 0.167 7,260 BLOCK C LOT 30 0.182 7,935 BLOCK D LOT 1 0.210 9,159 BLOCK D LOT 1X 0.164 7,162 BLOCK D LOT 2 0.169 7,351 BLOCK D LOT 3 0.169 7,351 BLOCK D LOT 4 0.169 7,351 BLOCK D LOT 5 0.169 7,350 BLOCK D LOT 6 0.196 8,538 BLOCK D LOT 7 0.192 8,350 BLOCK D LOT 8 0.165 7,200 BLOCK D LOT 9 0.165 7,200 BLOCK D LOT 10 0.165 7,200 BLOCK D LOT 11 0.165 7,200 BLOCK D LOT 12 0.175 7,627 BLOCK E LOT 1 0.208 9,070 BLOCK E LOT 2 0.168 7,322 BLOCK E LOT 3 0.168 7,322 BLOCK E LOT 4 0.168 7,322 BLOCK E LOT 5 0.168 7,322 BLOCK E LOT 6 0.168 7,322 BLOCK E LOT 7 0.168 7,322 BLOCK E LOT 8 0.168 7,322 BLOCK E LOT 9 0.224 9,759 BLOCK E LOT 10 0.236 10,296 BLOCK E LOT 11 0.174 7,559 LOT TABLE LOT NO. ACRES SQ. FT. BLOCK E LOT 12 0.174 7,559 BLOCK E LOT 13 0.174 7,559 BLOCK E LOT 14 0.174 7,559 BLOCK E LOT 15 0.174 7,559 BLOCK E LOT 16 0.174 7,559 BLOCK E LOT 17 0.174 7,559 BLOCK E LOT 18 0.198 8,632 BLOCK F LOT 1X 0.034 1,464 ROW DEDICATION 7.551 328,918 KNOW ALL MEN BY THESE PRESENTS That I, Sylviana Gunawan, do hereby certify that I prepared this plat and the field notes made a part thereof from an actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under my supervision. Sylviana Gunawan Registered Professional Land Surveyor Texas Registration No. 6461 Kimley-Horn and Associates, Inc. 6160 Warren Parkway, Suite 210 Frisco, TX 75034 (972) 335-3580 sylviana.gunawan@kimley-horn.com STATE OF TEXAS § COUNTY OF § 1-1� PRELIMINARY THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEYDOCUMENT Before me, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared Michael B. Marx, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purpose and considerations therein expressed. Given under my hand and seal of office, this Notary Public in and for the State of Texas My Commission Expires: day of 120 Approved this day of 2019, by the City Council of the City of Anna, Texas. Mayor City Secretary FINAL PLAT GREEN MEADOWS BLOCK A, LOTS 1-25X; BLOCK B, LOTS 1-38X; BLOCK C, LOTS 1-30; BLOCK D, LOTS 1-12; BLOCK E, LOTS 1-18; BLOCK F, LOT 1X 120 RESIDENTIAL LOTS 8 OPEN SPACE LOTS 35.056 ACRES OUT OF THE Z.F. LISTER, A-546 CITY OF ANNA, COLLIN COUNTY, TEXAS JULY 2019 a v v rn 0 N co N co THE CITY CIF Anna AGENDA ITEM: Item No. 8. City Council Agenda Staff Report Meeting Date: 10/15/2019 Consider/Discuss/Action on a Resolution approving an Impact Fee Reimbursement Agreement by and between the City of Anna, Texas, and Pecan Grove Phase 111, Ltd. for the construction of public water system improvements. (Director of Public Works Greg Peters) SUMMARY: As a part of the development of Pecan Grove Phase I I I the City requested the Developer to install 12-inch water main improvements within the public right-of-way of Finley Boulevard and Ferguson Boulevard. These 12-inch water mains were constructed in accordance with the City's Master Water System Plan. The 12-inch water mains were not required for the development of Pecan Grove Phase I II, as there are three internal connections to 8-inch water mains within Pecan Grove Phase 11, and the existing 8-inch water mains are of a sufficient size to provide water service for all of Pecan Grove Phase I11. However, the 12-inch water mains are important for future development of the surrounding area, as adjacent properties will require access to the 12-inch water mains installed. City staff requested the Developer of Pecan Grove Phase I I I to install the 12-inch water mains in order to save money when compared to the cost of a stand-alone City project, and also to lessen the scope and cost of future roadway construction projects for Ferguson Boulevard and Finley Boulevard. Since the water mains are shown on the City's Master Water Plan, the Developer is subject to reimbursement through Water Impact Fees for the cost of constructing the 12-inch water mains, which was estimated to be $189,593.00. The attached agreement provides for the City to reimburse the Developer for the actual final construction costs of the improvements, not to exceed the estimated construction cost. STAFF RECOMMENDATION: Staff recommends approval of a resolution approving an impact fee reimbursement agreement by and between the City of Anna, Texas, and Pecan Grove Phase I11, Ltd. for the construction of public water system improvements. ATTACHMENTS: Description Upload Date Type Resolution - Pecan Grove Phase I I I Impact Fee 9/30/2019 Resolution Reimbursement Agreement Impact Fee Reimbursement Agreement 9/30/2019 Backup Material Water System Master Plan 9/30/2019 Backup Material CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING AN IMPACT FEE REIMBURSEMENT AGREEMENT FOR PECAN GROVE PHASE III SUBIVISION BY AND BETWEEN THE CITY OF ANNA AND PECAN GROVE PHASE III, LTD, A TEXAS LIMITED PARTNERSHIP, AS SHOWN IN EXHIBIT "A" ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Pecan Grove Phase III Subdivision is an active development project in the City of Anna; and, WHEREAS, the City requested for the Developer to construct 12-inch water main improvements in Finley Boulevard and Ferguson Boulevard; and, WHEREAS, the 12-inch water main improvements were not required for the development of the Pecan Grove Phase III Subdivision, but are included in the City of Anna Water System Master Plan; and, WHEREAS, the cost to construct the 12-inch water main improvements are eligible for reimbursement through Water Impact Fees; and, WHEREAS, Water Impact Fees shall be used to fund the total City share of the cost of the 12-inch water main improvements in an amount not to exceed $189,593.00. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization of Funding. That the City Manager is hereby authorized to reimburse the Developer for the cost to construct the 12-inch water main improvements as described in the Impact Fee Reimbursement Agreement attached hereto as Exhibit "A." PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 15tn day of October 2019. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike IMPACT FEE REIMBURSEMENT AGREEMENT This Impact Fee Reimbursement Agreement (this "Agreement") is entered into between the City of Anna, Texas (the "City") and Pecan Grove Phase III, Ltd., a Texas limited partnership ("Developer"). WHEREAS, Developer and the City are sometimes collectively referenced in this Agreement as the "Parties," or, each individually, as "Party"; and WHEREAS, it is the Parties' mutual intent that this Agreement shall govern only the subject matter specifically set forth herein and shall supersede any previous agreement between the Parties only to the extent that any such agreement(s) directly conflict with the terms of this Agreement; and WHEREAS, Developer represents and warrants that it owns and desires to develop a parcel or parcels of real property (the "Property") in Collin County, Texas, which is composed of approximately 43.489 acres of land located entirely within the corporate limits of the City of Anna and is more particularly described in the attached Exhibit A; and WHEREAS, Developer intends to develop the Property as a single-family residential subdivision known as Pecan Grove Phase III ("Phase III"); and WHEREAS, Phase III is located near street segments of Ferguson Boulevard and Finley Boulevard where the City desires to have constructed a 12" water line (the "Future Water Line") to serve other development; and WHEREAS, the timing of Developer's construction of the public infrastructure required to serve Phase III coincides with the City's desired timeline for construction of the Future Water Line; and WHEREAS, the Future Water Line is not necessary to serve Phase III, but Developer is willing to construct the Future Water Line and the parties anticipate that Developer's construction of the Future Water Line will create efficiencies with respect to construction costs and scheduling; and WHEREAS, in exchange for Developer's construction of the Future Water Line, the City is willing to reimbursement Developer up to the actual cost of construction of the Future Water Line to the extent funding becomes available from certain impact fees collected as set forth in this Agreement; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: SECTION 1 RECITALS INCORPORATED The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties' intent under this Agreement and said recitals constitute representations by Developer and/or the City to the extent so stated therein. SECTION 2 DEFINITIONS City Code means the Anna City Code of Ordinances. City Manager means the current or acting City Manager of the City or a person designated to act on behalf of the City Manager with respect to this Agreement if the designation is in writing and signed by the current or acting City Manager. City Acceptance Date shall have the meaning ascribed to that term in Section 3(a). City Regulations mean City Code provisions, ordinances, design standards, uniform codes, and other policies duly adopted by the City. IMPACT FEE REIMBURSEMENT AGREEMENT Page 1 Collected Water Impact Fees has the meaning ascribed to that term in Section 4(b)(1). Construction Costs with respect to the Water Project, means the dollar amount actually paid for the engineering, design, testing, Maintenance Bond, and construction for the Water Project. City inspection fees shall not be included in the Construction Cost. Development means the new development on the Property that is the subject of this Agreement. Effective Date shall have the meaning ascribed to that term in Section 5. Estimated Construction Cost means the estimated amount of $189,593 for total costs of construction of the Water Project as shown in the estimate attached hereto as Exhibit C. Final Construction Cost, with respect to the Water Project, means the total of all Construction Costs at the time of full and final completion and dedication to the City of the Water Project. Final Reimbursement Amount, with respect to the Water Project, means a dollar amount equal to the lesser of the Estimated Construction Cost and the Final Construction Cost. Maintenance Bond has the meaning ascribed to that term in Section 3(b). Reimbursement shall have the meaning ascribed to that term in Section 4(b)(1). Water Project means a twelve -inch (12") water line along the future Ferguson Boulevard and Finely Boulevard rights - of -way, as generally depicted in the water plan attached hereto as Exhibit B. SECTION 3 GENERAL PROVISIONS. (a) Documentation of Final Construction Cost and City Acceptance. Once Developer fully completes the Water Project, and before the City has accepted such Water Project after inspection, Developer shall provide the City Manager with documentation reasonably acceptable to the City Manager evidencing the Final Construction Cost. The City Manager shall review the documentation provided and shall approve or deny the Final Construction Cost in writing within fifteen (15) business days (which approvals shall not be unreasonably withheld). Upon approval of the Final Construction Cost, the City shall issue a written acceptance to Developer, which shall signify the City's final acceptance of the Water Project ("City Acceptance Date"). (b) Maintenance Bond. For each construction contract for any part of the Water Project, Developer or Developer's contractor further must execute a maintenance bond in accordance with applicable City Regulations that guarantees the costs of any repairs which may become necessary to any part of the construction work performed in connection with the Water Project, arising from defective workmanship or materials used therein, for a full period of two (2) years from the City Acceptance Date ("Maintenance Bond"). Developer's maintenance responsibility after the City Acceptance Date shall be limited to securing the Maintenance Bond. (c) Approval of Plats/Plans. Approval by the City, the City's engineer or other City employee or representative, of any plans, designs or specifications submitted by Developer pursuant to this Agreement or pursuant to City Regulations shall not constitute or be deemed to be a release of the responsibility and liability of Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Further, any such approvals shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by Developer's engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City's engineer IMPACT FEE REIMBURSEMENT AGREEMENT Page 2 or other representative signifies the City's approval on only the general design concept of the improvements to be constructed and that the design plans and specifications meet the requirements of the City Regulations. (d) Insurance. Developer or its contractor(s) shall acquire and maintain, during the period of time when the Water Project is under construction (and until the full and final completion of the Water Project and acceptance thereof by the City): (a) workers compensation insurance in the amount required by law; and (b) commercial general liability insurance including personal injury liability, premises operations liability, and contractual liability, covering, but not limited to, the liability assumed under any indemnification provisions of this Agreement, with limits of liability for bodily injury, death and property damage of not less than $1,000,000.00. Such insurance shall also cover any and all claims which might arise out of the Water Project construction contracts, whether by Developer, a contractor, subcontractor, materialman, or otherwise. Coverage must be on a "per occurrence" basis. All such insurance shall: (i) be issued by a carrier which is rated "A-1" or better by A.M. Best's Key Rating Guide and licensed to do business in the State of Texas; and (ii) name the City as an additional Insured and contain a waiver of subrogation endorsement in favor of the City. Upon the execution of public improvement construction contracts, Developer shall provide to the City certificates of insurance evidencing such insurance coverage together with the declaration of such policies, along with the endorsement naming the City as an additional insured. Each such policy shall provide that, at least 30 days prior to the cancellation, non -renewal or modification of the same, the City shall receive written notice of such cancellation, non -renewal or modification. (e) Indemnification and Hold Harmless. DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING, WITHOUT LIMITATION, DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS FEES AND RELATED EXPENSES, EXPERT WITNESS FEES AND RELATED EXPENSES AND OTHER CONSULTANT FEES AND RELATED EXPENSES) ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE NEGLIGENT OR OTHERWISE WRONGFUL ACTS OR OMISSIONS OF DEVELOPER, ITS AGENTS, SERVANTS, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN OR EMPLOYEES IN CONNECTION WITH THE DESIGN, CONSTRUCTION OR INSTALLATION OF THE WATER PROJECT, INCLUDING BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY. SUCH INDEMNITY SHALL SURVIVE THE TERM OF THIS AGREEMENT. AT NO TIME SHALL THE CITY HAVE ANY CONTROL OVER OR CHARGE OF THE DEVELOPER'S DESIGN, CONSTRUCTION OR INSTALLATION OF ANY OF THE WATER PROJECT THAT IS THE SUBJECT OF THIS AGREEMENT, NOR THE MEANS, METHODS, TECHNIQUES, SEQUENCES OR PROCEDURES UTILIZED FOR SAID DESIGN, CONSTRUCTION OR INSTALLATION. THIS AGREEMENT DOES NOT CREATE A JOINT ENTERPRISE BETWEEN THE CITY AND DEVELOPER. DEVELOPER FURTHER COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL CLAIMS OR SUITS, BY ANY PERSON CLAIMING AN INTEREST IN THE PROPERTY, AS OF THE EFFECTIVE DATE, WHO HAS NOT SIGNED THIS AGREEMENT AND WHICH CLAIMS: (1) ARISE IN ANY WAY FROM THE CITY'S RELIANCE UPON DEVELOPER'S REPRESENTATIONS IN THIS AGREEMENT; OR (2) RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH DEVELOPER'S OBLIGATIONS UNDER THIS AGREEMENT. NOTWITHSTANDING THIS PROVISION OR ANY OTHER PROVISION OF THIS AGREEMENT, DEVELOPER SHALL NOT BE OBLIGATED TO INDEMNIFY, DEFEND, OR HOLD THE CITY HARMLESS FOR THE CITY'S OR ITS OFFICERS', AGENTS', SERVANTS', EMPLOYEES' AND CONTRACTORS' OWN NEGLIGENCE, GROSS NEGLIGENCE, FAULT, OR WILLFUL MISCONDUCT, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OR FAULT OF DEVELOPER AND CITY, RESPONSIBILITY AND INDEMNITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. IMPACT FEE REIMBURSEMENT AGREEMENT Page 3 SECTION 4 WATER PROJECT (a) Developer Obligations. Developer shall construct the Water Project generally depicted on the attached Exhibit B and in accordance with all related construction plans and permits approved by the City and any other authorities having any jurisdiction over the Water Project. Developer shall commence construction of the Water Project on or before the _ day of 20 and shall complete construction of Water Project on or before the day of 20 (b) City Obligations (1) In accordance with the City Regulations and state law, the City shall collect water impact fees from lots within Phase III at the time of issuance of building permits and place such impact fees in a separate and clearly identifiable interest -bearing account ("Collected Water Impact Fees"). The City shall reimburse Developer for the Final Reimbursement Amount by remitting the Collected Water Impact Fees to Developer on a quarterly basis as such water impact fees are collected ("Reimbursement"). The City shall provide the Reimbursement to Developer until the Final Reimbursement Amount has been paid in full to Developer; after which time, the City's obligation to remit the Collected Water Impact Fees to Developer shall cease. The Collected Water Impact Fees shall be the sole source of reimbursement or funding that the City is obligated to provide to Developer in connection with the Water Project even if the total amount of the Collected Water Impact Fees is less than the Final Reimbursement Amount. (2) Notwithstanding Section 4(b)(1) above, the Reimbursement authorized by this Agreement and any and all of the City's obligations related thereto shall expire on September 30 in the tenth year following the City Acceptance Date. SECTION 5 EFFECTIVE DATE The "Effective Date" of this Agreement is the date that the last of the Parties' signatures to this Agreement is fully and properly affixed to this Agreement and acknowledged by a public notary. The City's duties and obligations hereunder shall not arise unless and until the City Manager and the Developer have duly executed this Agreement. SECTION 6 TERMINATION This Agreement and all obligations of the Parties hereto, shall terminate upon full performance of the terms of this Agreement. SECTION 7 SUCCESSORS AND ASSIGNS (a) All obligations and covenants of Developer under this Agreement shall constitute covenants running with the land and shall bind Developer and each successive owner of all of any portion of the Property. (b) Except as otherwise provided, this Agreement shall not be assignable by Developer without the prior written consent of the City. This Agreement may be assigned, in whole or in part, to future owners of the Property without the prior written consent of the City, but upon written notice to the City. The Reimbursement (or portion thereof) shall be fully assignable and transferable by Developer to builders or purchasers of all or any portion of the Property without the prior written consent of the City, but upon written notice to the City. IMPACT FEE REIMBURSEMENT AGREEMENT Page 4 SECTION 8 MISCELLANEOUS PROVISIONS (a) Authority to execute contract. The undersigned officers and/or agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto, and each Party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. (b) Default and opportunity to cure. A Party will be in default under this Agreement if that Party breaches any material term or condition of this Agreement and such breach remains uncured after forty-five (45) calendar days following receipt of written notice from the other Party referencing this Agreement (or, if the Party in breach has diligently and continuously attempted to cure following receipt of such written notice but reasonably requires more than forty-five (45) calendar days to cure, then such additional amount of time as is reasonably necessary to effect cure, as determined by both Parties mutually and in good faith). Upon a default, subject to the cure period described herein, the non -breaching Party will have all available rights and remedies under the law and equity. Notwithstanding the foregoing, the City shall be considered in default for failure to provide the Reimbursement immediately upon such failure without a notice and cure period and Developer's sole remedy in such event shall be to seek specific performance of this Agreement. (c) Notice. All notices, demands or other communications required or provided hereunder shall be in writing and shall be deemed to have been given on the earlier to occur of actual receipt or three (3) days after the same are given by hand delivery or deposited in the United States mail, certified or registered, postage prepaid, return receipt requested, addressed to the parties at the addresses set forth below or at such other addresses as such Parties may designate by written notice to the other Party or Parties in accordance with this notice provision. If to the City: City of Anna Attn: City Manager P.O. Box 776 111 N. Powell Parkway Anna, TX 75409 If to Developer: Pecan Grove Phase III, Ltd. Attn: John Arnold 8214 Westchester Drive, Suite 710 Dallas, Texas 75335 (d) Complete Agreement. This Agreement embodies the entire Agreement between the Parties and cannot be varied or terminated except as set forth in this Agreement, or by written agreement of the City and Developer expressly amending the terms of this Agreement. (e) Applicable Law and Venue. This Agreement shall be performable and all compensation payable in Collin County, Texas. Venue and exclusive jurisdiction under this Agreement lies in a court of competent jurisdiction in Collin County, Texas. (f) Severability. If any clause, paragraph, section or portion of this Agreement shall be found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement shall remain in full force and effect and the unlawful provision shall be replaced with a provision as similar in terms and effect to such unlawful provision as may be valid, legal and enforceable. (g) Representation. Each signatory representing this Agreement has been read by the party for which this Agreement is executed and that such Party has had an opportunity to confer with its counsel. IMPACT FEE REIMBURSEMENT AGREEMENT Page 5 (h) Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. (i) Waiver. Waiver by either Party or any breach of this Agreement, or the failure of either Party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such Party's right thereafter to enforce and compel strict compliance of the Agreement. (j) Miscellaneous Drafting Provisions. This Agreement was drafted equally by the Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. Headings in this Agreement are for the convenience of the Parties and are not intended to be used in construing this document. (k) No Other Beneficiaries. This Agreement is for the sole and exclusive benefit of the City and Developer and is not intended to and shall not confer any rights or benefits on any third party not a signatory hereto. (1) Binding Effect. This Agreement shall bind and inure to the benefit of the City and Developer and to any successor Developer of the Property, shall be recorded in the Collin County property records, and runs with the land. (m) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. (n) No Waiver of Development Ordinances. No waiver of any provision of this Agreement will be deemed to constitute a waiver of any other provision or any other agreement between the Parties. No waiver of any provision of this Agreement will be deemed to constitute a continuing waiver unless expressly provided for by written amendment to this Agreement; nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent defaults of the same type. Nothing herein shall waive any obligations of Developer under applicable City Regulations, except for the payment of impact fees as provided herein. [SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] IMPACT FEE REIMBURSEMENT AGREEMENT Page 6 DEVELOPER: Pecan Grove Phase III, Ltd., a Texas limited partnership By: Pecan Grove Phase III GP CORPORATION Its general partner M Richard M. Skorburg, its President IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF Before me, the undersigned notary public, on the day of , 2019, personally appeared Richard M. Skorburg, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as President of Pecan Grove Phase III GP Corporation in its capacity as general partner of Pecan Grove Phase III, Ltd., a Texas limited partnership. Notary Public, State of Texas IMPACT FEE REIMBURSEMENT AGREEMENT Page 7 CITY OF ANNA By: Jim Proce, City Manager IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF Before me, the undersigned notary public, on the day of , 2019, personally appeared , known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as City Manager of the City of Anna, Texas. Notary Public, State of Texas IMPACT FEE REIMBURSEMENT AGREEMENT Page 8 ATTACHMENTS Exhibit A —The Property (legal description) Exhibit B — Water Project Exhibit C — Estimated Construction Cost EXHIBIT A Property Description BEING, a tract of land situated in the James Slater Survey, Abstract No. 868 and the R.C. Ingraham Survey, Abstract No. 464 in the City of Anna, Collin County, Texas, being all of a 5.675 acre tract, as described in Doc. No. 2017111000048520 and a 67.295 acre tract, as described in Doc. No. 20151021001332960, a 32.00 acre tract, as described in Doc. No. 20140731000808030, a 15.00 acre tract, as described in Vol. 5404, Pg. 22 and a 10.00 acre tract, as described in Doc. No. 20140731000808030 in the Deed Records of Official Public Records, Collin County, Texas, being more particularly described as follows: BEGINNING, at a 5/8 inch iron rod found at the northwest corner of said 32.00 acre tract and being the southwest corner of a 23.5 acre tract, as described in Vol. 4162, Pg. 2694 in said Deed Records; THENCE, South 81°26'58" East, along the north line of said 32.00 acre tract and along the south line of said 23.5 acre tract, for a distance of 858.39 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, South 519318" East, continuing along said north and south lines, for a distance of 315.46 feet, to a 1/2 inch iron rod found at the southeast corner of said 23.5 acre tract and being the most westerly southwest corner of a 9.920 acre tract, as described in Doc. No. 20061220001790430, in said Deed Records; THENCE, South 51'25'13" East, continuing along said north line and with the south line of said 9.920 acre tract, for a distance of 277.54 feet, to a 1/2 inch iron rod found; THENCE, South 86°09'33" East, continuing along said north and south lines, for a distance of 83.32 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, South 19°29'06" West, departing said lines, for a distance of 63.50 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", at the point of curvature of a curve to the left, having a radius of 445.00 feet, a central angle of 19°42'26", and a tangent of 77.29 feet; THENCE, along said curve to the left for an arc distance of 153.06 feet (Chord Bearing South 09°37'53" West - 152.31 feet), to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", at the point of tangency; THENCE, South 00°13'20" East, for a distance of 59.01 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", in the north line of said 5.675 acre tract; THENCE, North 88°41'17" East, along the north line of said 5.675 acre tract, for a distance of 44.48 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", at the most easterly northeast corner of said 5.675 acre tract, THENCE, South 00°46'37" East, along the east line of said 5.675 acre tract, for a distance of 112.52 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", in the south line of said 32.00 acre tract; THENCE, North 89°54'07" East, departing said east line and with the south line of said 32.00 acre tract, at 384.71 feet, passing the southeast corner of said 32.00 acre tract and being the most westerly southwest corner of said 10.00 acre tract, and continuing for a total distance of 534.58 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, South 07°09'39" West, departing a south line of said 10.00 acre tract, for a distance of 208.28 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", on a non - tangent curve to the right, having a radius of 3410.00 feet, a central angle of 02°51'27", and a tangent of 85.05 feet; THENCE, along said curve to the right for an arc distance of 170.70 feet (Chord Bearing South 84°16'05" East - 170.05 feet), to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, South 07°09'39" West, for a distance of 460.00 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", on a non -tangent curve to the right, having a radius of 2950.00 feet, a central angle of 00°05'01 ", and a tangent of 2.16 feet; THENCE, along said curve to the right for an arc distance of 4.31 feet (Chord Bearing South 82°47'50" East - 4.31 feet), to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.". THENCE, South 07°14'41" West, for a distance of 120.00 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", on a non -tangent curve to the left, having a radius of 2830.00 feet, a central angle of 08° 12' 15", and a tangent of 201.44 feet; THENCE, along said curve to the left for an arc distance of 405.23 feet (Chord Bearing North 86°51'27" West - 404.88 feet), to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, North 01°27'57" West, for a distance of 290.01 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", on a non -tangent curve to the left, having a radius of 3120.00 feet, a central angle of 04°26'37", and a tangent of 121.05 feet; THENCE, along said curve to the left for an are distance of 241.98 feet (Chord Bearing South 86°46'17" West — 241.92 feet), to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, South 85°10'38" West, for a distance of 371.20 feet, to a 1/2 inch iron rod found at the southeast corner of a 10.00 acre tract, as described in Doc. No. 20091120001412550, in said Deed Records and being in the west line of said 5.675 acre tract; THENCE, North 00° 13'20" West, along the east line of said 10.00 acre tract and the west line of said 5.675 acre tract, for a distance of 412.38 feet, to a 1/2 inch iron rod found at the northeast corner of said 10.00 acre tract; THENCE, South 88°28'07" West, departing the west line of said 5.675 acre tract and along the north line of said 10.00 acre tract, at 998.31 feet, passing a 1/2 inch iron rod found at the northwest corner of said 10.00 acre tract and continuing for a total distance of 1272.21 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", in the west line of said 32.00 acre tract and being in the east line of a 15.0 acre tract, as described in Vol. 4162, Pg. 2694 in said Deed Records; THENCE, North 15'42' 13" East, along said east and west lines, for a distance of 1076.18 feet, to the POINT OF BEGINNING and containing 43.489 acres of land. *:/:I1419-3 Water Project (see attached) 71 Esdmatea c'aastrurtiam Cast� jummuLry EXHIBIT C ESTIMATED CONSTRUC'TIO COSTS TS Water Project L"nid UIlitPrice Item_Amoumt Sob-Totd -JU E12rd Casts 5163w51 C-ow-Lura:im*srmtam 1 LS S 1,5w.00 G i,500.&G veum�l3 1 LS S 3,006.00 5 3,0M.0D Dgweff=Desim 1 LS Sl5,ON.EO $ 15,9 .00 Eagmeermg Demgm Total Wu ,540 Wit±-Tam=TaW 1 LS $35wbo S 3,500.00 BmaTatal 1 LS 1424.9; $ y O, Cff.L7rJCom SrAun- 1 LS $2,615.00 S 7 J,- CIC Constmaio® AdmimsiTation iutal S6.537 Sub-T& l ALSoft'Costs S 16.03P.0- TOT?LL ESTDU=C0N.STRU CHON COSTS S1S9,ff3 Frrfgu:ou Bh-1 and Finks Bh-dL 31-Sher Line Desrripdio Q—"T Unit Ulait Prue ItL-m-Amomr R-atm-PVC -CPM-12' 2,5A LF $37-50 595,615 R'aler-V0ves- Gam -YS' 7 F.A $1,008.00 $?;IXSO Water -Valves - CYNIE -S' 3 EA $1,300.00 $3-w Pater - Vale _ _ GaqR -12, 9 Fri. JZ�-00 521,M waier-Valves-2,Raw Off 3 EA. $1,200110 13,600 Li-ater-Fittings-D-lAFeFiuirrl2" L9 LS 1 500.00 $1,500 Lt-aaa-Fumm-Fae}lNdr=Assernh:,a° 6 F.A ia3110.M 519,Si* A'ater-Firt�gs-h5x. ra7ves- RPlea> L'ah flalt'Lire 1 EA. i3,410.75 '$3-471 A3tez-Gefral-ChlaMg 1 EA. $5,51M.co $5,]t1i} R-atu-Geo--Tal-PrE=Te;t DidnL-, r m-Tir,jaarFoot 7,5so IF $0.50 SL275 Wrier - Genril - Trmrh SafYty Pm Ram) l LS 1293-00 S233 WaTEI - Ge-',Rff3 - Matu;;LLmu m is 113.05310 Fergasoa BlycL amd Fmk ElviL 12" Water iine'Tatal 5163.6a4 THE CITY CIF Anna AGENDA ITEM: Item No. 9. City Council Agenda Staff Report Meeting Date: 10/15/2019 Consider/Discuss/Action on a Resolution amending and restating an existing agreement related to West Foster Crossing Road. (Director of Public Works Greg Peters) SUMMARY: West Foster Crossing Road is an existing 2-lane asphalt road which borders Pecan Grove Phase 2 and Pecan Grove Phase 4. The developers of these subdivisions entered into an impact fee reimbursement agreement for the construction of their portion of the required roadway improvements in 2017. Since that time the developers have been working with adjacent property owners who are impacted by the proposed roadway improvements. I mproving West Foster crossing road is a very important project for the City, as vehicular traffic is continuing to increase due to many new Anna residents moving to the area. In addition, the road is included in the City's Thoroughfare Plan as a minor collector. In accordance with State Law and the City's Impact Fee Analysis, the developers are eligible for reimbursement of roadway impact fees for construction of their portion of the roadway improvements. The developers are working to finalize an agreement with the last affected adjacent property as they also work toward completing the public improvements within Pecan Grove Phase 2, 3, and 4. The attached amended and restated agreement addresses two specific items: 1. Provides for the ability of the developers to initiate an escrow agreement or performance bond related to the roadway improvements if they are unable to reach an agreement with the adjacenl property owner. 2. Provides for updated construction costs of the roadway improvements. The amended and re -stated agreement allows the City to use the escrowed funds or performance bond to construct the roadway improvements within 5 years. This is beneficial to the City, as it allows the City to move forward with roadway improvements in the event the developers are unable to construct the project. If the funds are not used within 5 years, then all funds are returned to the developers. The amended and restated agreement is beneficial to the developers because it provides them with the ability to keep their private development projects moving forward if they are unable to come to terms with the adjacent property owner. The proposed amended and restated agreement is consistent with the City of Anna Subdivision Ordinance, and therefore is recommended by City staff for approval. STAFF RECOMMENDATION: Staff recommends approval of the Amended and Restated Roadway Impact Fee Credit Agreement for Pecan Grove Phases 2-4, West Foster Crossing Road ATTACHMENTS: Description Upload Date Type Amended and Restated Agreement - West Foster 10/6/2019 Staff Report Crossing Road Resolution -Amended and Restated Impact Fee Credit 10/7/2019 Resolution Agreement AMENDED AND RESTATED ROADWAY IMPACT FEE CREDIT AGREEMENT FOR PECAN GROVE PHASE 2-4 WEST FOSTER CROSSING ROAD This Impact Fee Credit Agreement (this "Agreement") is entered into between the City of Anna, Texas (the "City"), Pecan Grove Phase II, LTD., a Texas limited partnership, its successors and assigns ("Pecan Grove"); Pecan Grove Phase III, LTD., a Texas limited partnership, its successors and assigns ("Pecan Grove III") and Starlight Homes Texas L.L.C., its successors and assigns ("Starlight") (Pecan Grove and Starlight are sometimes collectively referred to herein as "Developers" and individually as "Developer"). The Roadway Impact Fee Credit Agreement for Pecan Grove Phase 2-4 West Foster Crossing Road among the City, Pecan Grove, Foster Crossing, LTD. and ATC No. 9/Shrp Commercial, LTD. dated effective August 25, 2017 is hereby amended in its entirety and replaced with this Agreement. WHEREAS, Starlight, Pecan Grove, Pecan Grove III and the City are sometimes collectively referenced in this Agreement as the "Parties," or, each individually, as "Party"; and WHEREAS, it is the Parties' mutual intent that this Agreement shall govern only the subject matter specifically set forth herein and that this Agreement shall supersede any previous agreement between the Parties regarding the subject matter hereof, and WHEREAS, Pecan Grove, Pecan Grove III and Starlight desire to develop parcels of real property in Collin County, Texas, composed of approximately 144.206 acres of land located entirely within the corporate limits of the City of Anna, more particularly and separately or jointly described in the attached Exhibit A (the "Property"); and WHEREAS, Pecan Grove owns the portion of the Property more particularly described on Exhibit A-1 attached hereto and incorporated herein by reference (the "Pecan Grove Phase II Property"); and WHEREAS, CW — Pecan Grove, LLC ("CW") acquired the portion of the Property described on Exhibit A-3 attached hereto and incorporated herein by reference (the "Starlight Property") from ATC No. 9/Shrp. Commercial, LTD. and CW has engaged Starlight to develop the Starlight Property on behalf of CW; and, WHEREAS, Pecan Grove III is the successor in interest to Foster Crossing, LTD. and owns the portion of the Property described on Exhibit A-2 attached hereto and incorporated herein by reference (the "Pecan Grove Phase III Property", and together with the Pecan Grove Phase II Property, collectively, the "Pecan Grove Property"); and, NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: SECTION 1 RECITALS INCORPORATED The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties' intent under this Agreement and said recitals constitute representations by the Parties. IMPACT FEE CREDIT AGREEMENT SECTION 2 DEFINITIONS City Acceptance Date has the meaning ascribed to that term in Section 3(a). Cites means the Anna City Code of Ordinances. City Manager means the current or acting City Manager of the City of Anna or a person designated to act on behalf of the City Manager with respect to this Agreement if the designation is in writing and signed by the current or acting City Manager. City Regulations mean City Code provisions, ordinances, design standards, uniform codes, and other policies duly adopted by the City, which shall apply to development of the Property by this Agreement and which are incorporated herein as if set forth in full for all purposes. Collected Roadwaypact Fees shall have the meaning ascribed to that term in Section 4(b)(1). Final Reimbursement Amount, with respect to the Roadway Project, means a dollar amount equal to Starlight's Construction Cost and Pecan Grove's Construction Cost, as applicable. Maintenance Bond has the meaning ascribed to that term in Section 3(b). Pecan Grove's Construction Cost, with respect to the Roadway Project, means: (1) if Pecan Grove elects to construct Pecan Grove's Portion of the Roadway Project pursuant to Section 4(a), the dollar amount actually paid by or on behalf of Pecan Grove for (i) the acquisition of the Thornhill ROW, and (ii) the engineering, design, and construction of Pecan Grove's Portion of the Roadway Project at the time of full and final completion, dedication and acceptance of Pecan Grove's Portion of the Roadway Project, which shall generally include but not be limited to the items listed in the cost breakdown attached hereto as Exhibit C; or (2) if Pecan Grove elects to provide an escrow or performance bond under Section 4(a), the dollar amount actually paid by or on behalf of Pecan Grove for the acquisition of the Thornhill ROW, plus the amount of such escrow or performance bond, which shall be $477,999.00. City inspection fees shall not be included in Pecan Grove's Construction Cost. Pecan Grove's Portion of the RoadwaProject, means the portion of the Roadway Project adjacent to the Pecan Grove Property, as depicted on Exhibit B, and the portion of the Roadway Project within the Thornhill ROW. Pecan Grove's Pro Rata Share shall be determined by multiplying the Collected Roadway Impact Fees by a fraction, the numerator of which shall be Pecan Grove's Construction Cost and the denominator of which shall be the Total Construction Cost. Reimbursement has the meaning ascribed to that term in Section 4(b)(1). Roadway Improvements means right of way preparation, paving excavation, construction of concrete paving, storm drainage, curbs, signage, roadway transitions, turn lanes, pavement Pecan Grove Phases 2-4 Roadway Impact Fee Credit Agreement markings, sidewalks, irrigation landscaping, lighting and any other improvements necessary for a complete roadway system for the Roadway Project. Roadway Project means the construction of Foster Crossing Road Roadway Improvements generally described as an 8" thick, 3,600 PSI, 24'-wide concrete street section from station 0+00 to station 22+40.00 a distance of approximately 2,240' as further described and depicted in Exhibit B, attached hereto, and in accordance with construction plan(s) approved by the City. Starlight's Construction Cost, with respect to the Roadway Project, means: (1) if Starlight elects to construct Starlight's Portion of the Roadway Project pursuant to Section 4(a), the dollar amount actually paid by or on behalf of Starlight for the engineering, design, and construction of Starlight's Portion of the Roadway Project at the time of full and final completion, dedication and acceptance of Starlight's Portion of the Roadway Project, which shall generally include but not be limited to the items included in the cost breakdown attached hereto as Exhibit C; or (2) if Starlight elects to provide an escrow or performance bond under Section 4(a), (i) the amount of such escrow or performance bond, which shall be $318,666.00. City inspection fees shall not be included in Starlight's Construction Cost. Starlight's Portion of the Roadway Project, means the portion of the Roadway Project adjacent to the Starlight Property, as depicted on Exhibit B. Starlight's Pro Rata Share shall be determined by multiplying the Collected Roadway Impact Fees by a fraction, the numerator of which shall be Starlight's Construction Cost and the denominator of which shall be the Total Construction Cost. Thornhill ROW means the property described or depicted on Exhibit D attached hereto. Total Construction Cost means the total combined cost of Starlight's Construction Cost and Pecan Grove's Construction Cost. SECTION 3 GENERAL PROVISIONS (a) Documentation of Actual Amount Paid. If Starlight elects to construct Starlight's Portion of the Roadway Project pursuant to Section 4(a), once Starlight fully completes Starlight's Portion of the Roadway Project, and before the City has accepted such portion of the Roadway Project after inspection, Starlight shall provide the City Manager with documentation reasonably acceptable to the City Manager evidencing Starlight's Construction Cost. If Pecan Grove elects to construct Pecan Grove's Portion of the Roadway Project, once Pecan Grove fully completes Pecan Grove's Portion of the Roadway Project, and before the City has accepted such portion of the Roadway Project after inspection, Pecan Grove shall provide the City Manager with documentation reasonably acceptable to the City Manager evidencing Pecan Grove's Construction Cost. The City Manager shall review the documentation provided (for each Developer, respectively) and shall approve or deny Starlight's Construction Cost or Pecan Grove's Construction Cost, as applicable, within fifteen (15) business days of receipt thereof (which approvals shall not be unreasonably withheld).Upon approval of Starlight's Construction Cost and Pecan Grove's Construction Cost, as applicable, and completion of inspection of the Roadway Project and Roadway Improvements, the City shall issue a written acceptance to the Developer and owner of such portion of the Property adjacent to the Pecan Grove Phases 2-4 Roadway Impact Fee Credit Agreement portion(s) of the Roadway Project that has been completed, which shall signify final acceptance by the City of that portion of the Roadway Project (each such date of acceptance being referred to as the "City Acceptance Date"). (b) Maintenance Bond. For each construction contract for any part of the Roadway Project entered into by or on behalf of a Developer, such Developer or Developer's contractor, as applicable, further must execute a maintenance bond in accordance with applicable City Regulations that guarantees the costs of any repairs which may become necessary to any part of the construction work performed in connection with the Roadway Project, arising from defective workmanship or materials used therein, for a full period of two (2) years from the City Acceptance Date ("Maintenance Bond"). Notwithstanding the foregoing, Starlight shall only be responsible for the Maintenance Bond for Starlight's Portion of the Roadway Project and Pecan Grove shall only be responsible for the Maintenance Bond for Pecan Grove's Portion of the Roadway Project. (c) Approval of Plats/Plans. Approval by the City, the City's engineer or other City employee or representative, of any plans, designs or specifications submitted by Developer pursuant to this Agreement or pursuant to City Regulations shall not constitute or be deemed to be a release of the responsibility and liability of Developer, his engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Further, any such approvals shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by Developer's engineer, his officers, agents, servants or employees, it being the intent of the parties that approval by the City's engineer or other representative signifies the City's approval on only the general design concept of the improvements to be constructed and that the design plans and specifications meet the requirements of the City Regulations. (d) Insurance. If either Developer elects to construct a portion of the Roadway Project under Section 4(a), Developer or its contractor(s) shall acquire and maintain, during the period of time when any of the Roadway Project related to such Developer's applicable portion of the Property is under construction (and until the full and final completion of such portion of the Roadway Project and acceptance thereof by the City): (a) workers compensation insurance in the amount required by law; and (b) commercial general liability insurance including personal injury liability, premises operations liability, and contractual liability, covering, but not limited to, the liability assumed under any indemnification provisions of this Agreement, with limits of liability for bodily injury, death and property damage of not less than $1,000,000.00. Such insurance shall also cover any and all claims which might arise out of the Roadway Project construction contracts, whether by Developer, a contractor, subcontractor, materialman, or otherwise. Coverage must be on a "per occurrence" basis. All such insurance shall: (i) be issued by a carrier which is rated "A-1" or better by A.M. Best's Key Rating Guide and licensed to do business in the State of Texas; and (ii) name the City as an additional insured and contain a waiver of subrogation endorsement in favor of the City. Upon the execution of public improvement construction contracts, Developer shall provide to the City certificates of insurance evidencing such insurance coverage together with the declaration of such policies, along with the endorsement naming the City as an additional insured. Each such policy shall provide that, at least 30 days prior to the cancellation, non - Pecan Grove Phases 2-4 Roadway Impact Fee Credit Agreement renewal or modification of the same, the City shall receive written notice of such cancellation, non -renewal or modification. (e) Indemnification and Hold Harmless. EACH DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING, WITHOUT LIMITATION, DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER HIND OR CHARACTER, WHETHER REAL OR ASSERTED (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND RELATED EXPENSES, EXPERT WITNESS FEES AND RELATED EXPENSES AND OTHER CONSULTANT FEES AND RELATED EXPENSES) ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE NEGLIGENT OR OTHERWISE WRONGFUL ACTS OR OMISSIONS OF SUCH DEVELOPER, ITS AGENTS, SERVANTS, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN OR EMPLOYEES IN CONNECTION WITH THE DESIGN, CONSTRUCTION OR INSTALLATION OF THE ROADWAY PROJECT, INCLUDING BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY. SUCH INDEMNITY SHALL SURVIVE THE TERM OF THIS AGREEMENT. IF THE ROADWAY PROJECT IS CONSTRUCTED BY A DEVELOPER AT NO TIME SHALL THE CITY HAVE ANY CONTROL OVER OR CHARGE OF THE DESIGN, CONSTRUCTION OR INSTALLATION OF ANY OF THE ROADWAY PROJECT THAT IS CONSTRUCTED BY A DEVELOPER AND THE SUBJECT OF THIS AGREEMENT, NOR THE MEANS, METHODS, TECHNIQUES, SEQUENCES OR PROCEDURES UTILIZED FOR SAID DESIGN, CONSTRUCTION OR INSTALLATION. THIS AGREEMENT DOES NOT CREATE A JOINT ENTERPRISE BETWEEN THE CITY AND DEVELOPER. EACH DEVELOPER FURTHER COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL CLAIMS OR SUITS, BY ANY PERSON CLAIMING AN INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THIS AGREEMENT AND WHICH CLAIMS: (1) ARISE IN ANY WAY FROM THE CITY'S RELIANCE UPON DEVELOPER'S REPRESENTATIONS IN THIS AGREEMENT; OR (2) RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH DEVELOPER'S OBLIGATIONS UNDER THIS AGREEMENT. NOTWITHSTANDING THIS PROVISION OR ANY OTHER PROVISION OF THIS AGREEMENT, DEVELOPER SHALL NOT BE OBLIGATED TO INDEMNIFY, DEFEND, OR HOLD THE CITY HARMLESS FOR THE CITY'S OWN NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. NOTWITHSTANDING THIS PROVISION, STARLIGHT SHALL NOT BE OBLIGATED TO INDEMNIFY, DEFEND, OR HOLD THE CITY HARMLESS FOR PECAN GROVE'S ACTS OR OMISSIONS, OR THE ACTS OR OMISSIONS OF PECAN GROVE'S AGENTS, SERVANTS, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN OR EMPLOYEES; AND PECAN GROVE SHALL NOT BE OBLIGATED TO INDEMNIFY, DEFEND, OR HOLD THE CITY HARMLESS FOR STARLIGHT'S ACTS OR OMISSIONS, OR THE ACTS OR OMISSIONS OF STARLIGHT'S AGENTS, SERVANTS, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN OR EMPLOYEES. Pecan Grove Phases 2-4 Roadway Impact Fee Credit Agreement NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THIS INDEMNIFICATION AND HOLD HARMLESS PROVISION SHALL ONLY APPLY TO A DEVELOPER IF SUCH DEVELOPER ELECTS TO CONSTRUCT ITS PORTION OF THE ROADWAY PROJECT UNDER SECTION 4W. SECTION 4 ROADWAY PROJECT (a) Developer Obligations. (1) Starlight shall either (i) construct Starlight's Portion of the Roadway Project and all required Roadway Improvements appurtenant to Starlight's Portion of the Roadway Project; or (ii) provide the City with either an escrow account or performance bond equal to $318,666.00. (2) Pecan Grove shall either (i) construct Pecan Grove's Portion of the Roadway Project and all required Roadway Improvements appurtenant to Pecan Grove's Portion of the Roadway Project; or (ii) provide the City with either an escrow account or performance bond equal to $477,999.00. (3) Notwithstanding anything contained herein to the contrary, if either Developer elects to provide the City with an escrow account equal to the amount set forth in this Section 4(a) with respect to such Developer, (a) such Developer shall have no obligation to construct any portion of the Roadway Project or Roadway Improvements, (b) all of the obligations of such Developer with respect to the Roadway Project and Roadway Improvements pursuant to this Agreement shall be deemed satisfied, and (c) completion of the Roadway Project will in no way delay the issuance of building permits with respect to any portion of such Developer's Property. (b) City Obligations (1) If either Developer elects to provide the City with an escrow or performance bond in lieu of construction under Section 4(a) herein, the City will construct such Developer's portion of the Roadway Project and all required Roadway Improvements appurtenant thereto. If the City fails to complete the Roadway Project and Roadway Improvements within five (5) years after the date hereof, the City shall refund any escrowed funds to the applicable Developer. (2) In accordance with City Regulations and state law, the City shall collect roadway impact fees from the Property at the time of issuance of building permits (the "Collected Roadway Impact Fees") and place such Collected Roadway Impact Fees in two separate and clearly identifiable interest -bearing accounts. The Collected Roadway Impact Fees collected from the Starlight Property (the "Starlight Collected Roadway Impact Fees") shall be placed in a separate and clearly identifiable interest -bearing account for the benefit of Starlight (the "Starlight Account"), and the Collected Roadway Impact Fees collected from the Pecan Grove Property (the "Pecan Grove Collected Roadway Impact Fees") shall be placed in a second separate and clearly identifiable interest -bearing account for the benefit of Pecan Grove (the "Pecan Grove Account"). The City shall reimburse Developers up to the Total Construction Cost in the aggregate by remitting Pecan Grove Phases 2-4 Roadway Impact Fee Credit Agreement Starlight's Pro Rata Share to Starlight from the Starlight Account and remitting Pecan Grove's Pro Rata Share to Pecan Grove from the Pecan Grove Account, each on a quarterly basis (the "Reimbursement"). The City shall provide the Reimbursement to each Developer until the Final Reimbursement Amount has been paid in full each to Starlight and Pecan Grove, as applicable. The Collected Roadway Impact Fees shall be the sole source of reimbursement or funding that the City is obligated to provide to Developers in connection with the Roadway Project even if the total amount of the Collected Roadway Impact Fees is less than the Final Reimbursement Amount. (3) Notwithstanding Section 4(b)(2) above, the Reimbursement authorized by this Agreement and any and all of the City's obligations related thereto shall expire on September 30 in the tenth year following the date the Roadway Project is complete and formally accepted by the City. SECTION 5 EFFECTIVE DATE The Effective Date of this Agreement is the date that the last of the Parties' signatures to this Agreement is fully and properly affixed to this Agreement and acknowledged by a public notary. The City's duties and obligations hereunder shall not arise unless and until all Parties have duly executed this Agreement. SECTION 6 TERMINATION This Agreement and all obligations of the Parties hereto, shall terminate upon full performance of the terms of this Agreement. SECTION 7 SUCCESSORS AND ASSIGNS (a) All obligations and covenants under this Agreement shall bind Developers and their successors and assigns. (b) Except for future owners of all or a portion of the Property, this Agreement shall not be assignable by either Developer without the prior written consent of the City. SECTION 8 MISCELLANEOUS PROVISIONS (a) Authority to execute contract. The undersigned officers and/or agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto, and each Party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. (b) Default and opportunity to cure. A Party will be in default under this Agreement if that Party breaches any material term or condition of this Agreement and such breach remains uncured after ninety (90) calendar days following receipt of written notice from the other Party referencing this Agreement and describing such breach in detail (or, if the Party in breach has diligently and continuously attempted to cure following receipt of such written notice but reasonably requires more than ninety (90) calendar days to cure, then such additional amount Pecan Grove Phases 2-4 Roadway Impact Fee Credit Agreement of time as is reasonably necessary to effect cure, as determined by both Parties mutually and in good faith). Upon a default, subject to the cure period described herein, the non -breaching Party will have all available rights and remedies under the law and equity. (c) Notice. All notices, demands or other communications required or provided hereunder shall be in writing and shall be deemed to have been given on the earlier to occur of actual receipt or three (3) days after the same are given by hand delivery or deposited in the United States mail, certified or registered, postage prepaid, return receipt requested, addressed to the Parties at the addresses set forth below or at such other addresses as such Parties may designate by written notice to the other Parties in accordance with this notice provision. If to the City: City of Anna Attn: City Manager P.O. Box 776 111 N. Powell Parkway Anna, TX 75409 If to Pecan Grove: Pecan Grove Phase II, LTD Attn: Adam J. Buczek Development Partner 8214 Westchester Drive, Suite 710 Dallas, TX 75225 If to Starlight: Starlight Homes Texas L.L.C. Attention: Tom Houser 1800 Valley View Lane, Suite 100 Farmers Branch, Texas 75234 With a copy to: Ashton Woods USA L.L.C. Attention: Emily Sweitzer 3820 Mansell Road, Suite 400 Alpharetta, GA 30022 (d) Complete Agreement. This Agreement embodies the entire Agreement between the Parties and cannot be varied or terminated except as set forth in this Agreement, or by written agreement of all Parties expressly amending the terms of this Agreement. (e) Applicable Law and Venue. This Agreement shall be performable and all compensation payable in Collin County, Texas. Venue and exclusive jurisdiction under this Agreement lies in a court of competent jurisdiction in Collin County, Texas. (f) Severability. If any clause, paragraph, section or portion of this Agreement shall be found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement shall remain in full force and effect and the unlawful provision shall be replaced with a Pecan Grove Phases 2-4 Roadway Impact Fee Credit Agreement provision as similar in terms and effect to such unlawful provision as may be valid, legal and enforceable. (g) Representation. Each signatory representing this Agreement has been read by the party for which this Agreement is executed and that such Party has had an opportunity to confer with its counsel. (h) Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. (i) Waiver. Waiver by any Party or any breach of this Agreement, or the failure of any Party to enforce any of the provisions of this Agreement, at any time shall not in any way affect, limit or waive such Party's right thereafter to enforce and compel strict compliance of the Agreement. (j) Miscellaneous Drafting Provisions. This Agreement was drafted equally by the Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. Headings in this Agreement are for the convenience of the Parties and are not intended to be used in construing this document. (k) No Other Beneficiaries. This Agreement is for the sole and exclusive benefit of the Parties hereto and is not intended to and shall not confer any rights or benefits on any third party not a signatory hereto. (1) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. (m) No Waiver of Development Ordinances. No waiver of any provision of this Agreement will be deemed to constitute a waiver of any other provision or any other agreement among the Parties. No waiver of any provision of this Agreement will be deemed to constitute a continuing waiver unless expressly provided for by written amendment to this Agreement; nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent defaults of the same type. Nothing herein shall waive any obligations of Developers under applicable City Regulations. [SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Pecan Grove Phases 2-4 Roadway Impact Fee Credit Agreement Pecan Grove Phase II, LTD., a Texas Limited Partnership By: Pecan Grove Phase II GP Corporation, a Texas corporation its General Partner By: Name: Adam J. Buczek Title: Director IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the day of , 2019, personally appeared Adam J. Buczek, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as Director of Pecan Grove Phase II GP Corporation, a Texas corporation. Notary Public, State of Texas (SEAL) Pecan Grove Phases 2-4 Amended and Restated Roadway Impact Fee Credit Agreement Pecan Grove Phase III, Ltd., a Texas Limited Partnership By: Name: John Arnold Title: Director IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the day of , 2019, personally appeared John Arnold, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as Director of Pecan Grove Phase III, Ltd., a Texas limited partnership. Notary Public, State of Texas (SEAL) Pecan Grove Phases 2-4 Amended and Restated Roadway Impact Fee Credit Agreement Starlight Homes Texas L.L.C., a Delaware limited liability company By: Name: Title: IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the day of , 2019, personally appeared , known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as of Starlight Homes Texas L.L.C., a Delaware limited liability company. Notary Public, State of Texas (SEAL) Pecan Grove Phases 2-4 Amended and Restated Roadway Impact Fee Credit Agreement CITY OF ANNA IC Jim Proce, City Manager IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the day of , 2019, personally appeared Jim Proce, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as City Manager of the City of Anna, Texas. Notary Public, State of Texas (SEAL) Pecan Grove Phases 2-4 Amended and Restated Roadway Impact Fee Credit Agreement ATTACHMENTS Exhibit A - The Property (legal description and drawing) Exhibit A-1 — Pecan Grove Property Exhibit A-2 — Pecan Grove Phase III, Ltd.'s Property Exhibit A-2 — Starlight Property Exhibit B - Roadway Project Exhibit C — Breakdown of Costs Exhibit D — Thornhill ROW (legal description or drawing) Pecan Grove Phases 2-4 Amended and Restated Roadway Impact Fee Credit Agreement Pecan Grove Phases 2-4 Amended and Restated Roadway Impact Fee Credit Agreement EXHIBIT A The Property (See attached) Pecan Grove Phases 2-4 Amended and Restated Roadway Impact Fee Credit Agreement r4 �1 0� �� �rs[r rye '�irc �� ���R� �p� �� l�i4D t30 � � ���al i��� �� ����i �. ia� � i��d� �� o �C� iLliii� 9�'S°3z� a� ��4 i�. �� ��ri ii�i� ice'!» ��. �a �� � �� � ���� � ���� ��� � ���o �� d� ��o i��� i � 4�1 �I a� , �� '� {gip �� �� I � ����I� �� 0� E � ,. r ��,� �� f �� _' 0 � 4 �� 8 A I ilr li y �^�ldii S 83 1 F 1 S © 5 • fog ' I1 Y s ! s� ' s '• a 1i SI !! i s �. 1. I as f �I f l J If A l � J i S +ylliJJ+J+It�ll,l i��l�� �r•� ,,,�;i,,r� ,1 ,1 / ifE r e #• i !e # t + o x ' i f! 1= 1 �' i �,t ��II'{t.i:i,rli±.,i+f;d•lill��,t,'.!" �!! i ii •1 a! t !! AI it !JJ 1{ 'a ,' #IJ ! tE• as a ! ; ` i � ; ` I � JI {1:•Jr �+ J r i J. it it �1, ia� is `s i� Salt l I t U I 1 a 1 1 I !' ANN UJJIIIJ �l'ai JJA (,� t81 S# !'• II yyfj lAl, a;! as S? I 1 FI;i tltii pd 414 1 i i !1 a i a fl I psJl,I kl#]kkj�tipt1} !, p � � II Fil I;1• , IIJ k,i E=I It! 11 Is ! !JI y1s {SJ tl1 dI !y yS� Ss + 11 g° 1� I EXHIBIT A-1 Pecan Grove Property LEGAL DESCRIPTION BEING, a tract of land situated in the R.C. Ingraham Survey, Abstract No. 464 and the James Slater Survey, Abstract No. 868, in the City of Anna, Collin County, Texas, being part of a 67.295 acre tract, as described in Doc. No.20151021001332960 and the 30.837 acre tract, as described in Doc. No. 20154001395460 in the Deed Records in Collin County Texas, and being more particularly described as follows: BEGINNING, at a PK nail found at the southwest corner of said 30.837 acre tract and being in approximate centerline of County Road 366; THENCE, North 01' 18'43" West, with the west line of said 30.837 acre tract, for a distance of 1207.91 feet, to 1/2 inch iron rod found at the most westerly northwest corner of said 30.837 acre tract and being in the south line of a 10.00 acre tract, as described in Doc. No. 20091120001412550, in said Deed Records; THENCE, North 88°28'14" East, along the north line of said 30.837 acre tract and the south line of said 10.00 acre tract, for a distance of 465.63 feet, to a 1/2 inch iron rod found at an interior ell corner of said 30.837 acre tract and being the southeast corner of said 10.00 acre tract; THENCE, North 00°13'21" West, along the west line of said 30.837 acre tract and the east line of said 10.00 acre tract, for a distance of 26.76 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, North 89°46'40" East, departing said west line, for a distance of 338.78 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", being a non -tangent curve to the right, having a radius of 3120.00 feet, a central angle of 05'01' 11", and a tangent of 136.76 feet; THENCE, along said curve to the right for an arc distance of 273.35 feet (Chord Bearing North 86°29'00" East — 273.26 feet), to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, South 01°27'57" East, for a distance of 580.02 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", on a curve to the right, having a radius of 2540.00 feet, a central angle of 11'46'38", and a tangent of 261.97 feet; THENCE, continuing along said curve to the right for an arc distance of 522.10 feet (Chord Bearing South 84°57'07" East — 521.18 feet), to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", at the point of tangency; THENCE, South 79°03'48" East, for a distance of 52.99 feet, to a'/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, South 10°56' 12" West, for a distance of 170.00 feet, to a %2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, North 79°03'48" West, for a distance of 20.91 feet, to a'/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, South 08° 12' 18" West, for a distance of 68.74 feet, to a %2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.' ; THENCE, South 02°25'52" East, for a distance of 178.92 feet, to a 1/2 inch iron rod found at the northwest corner of a 1.0758 acre tract, as described in Doc. No. 19960624000426030, in said Deed Records; THENCE, South 02°46'19" West, along the west line of said 1.0758 acre tract, for a distance of 216.91 feet, to a PK Nail set at the southwest corner of said 1.0758 acre tract being in the centerline of said County Road 366 and being in the south line of said 67.295 acre tract. THENCE, South 89°53'49" West, along the south line of said 67.295 acre tract and with said centerline, for a distance of 470.23 feet, to a PK Nail set; THENCE, South 89°54'55" West, continuing along said lines, for distance of 210.86 feet, to a PK Nail found at the southwest corner of said 67.295 acre tract and the southeast corner of said 30.837 acre tract; THENCE, South 89°54'07" West, continuing along said lines, for a distance of 891.39 feet, to the POINT OF BEGINNING and containing 38.533 acres of land. EXHIBIT A-2 Pecan Grove Phase III, Ltd.'s Property LEGAL DESCRIPTION BEING, a tract of land situated in the James Slater Survey, Abstract No. 868 and the R.C. Ingraham Survey, Abstract No. 464 in the City of Anna, Collin County, Texas, being all of a 5.675 acre tract, as described in Doc. No. 2017111000048520 and a 67.295 acre tract, as described in Doc. No. 20151021001332960, a 32.00 acre tract, as described in Doc. No. 20140731000808030, a 15.00 acre tract, as described in Vol. 5404, Pg. 22 and a 10.00 acre tract, as described in Doc. No. 20140731000808030 in the Deed Records of Official Public Records, Collin County, Texas, being more particularly described as follows: BEGINNING, at a 5/8 inch iron rod found at the northwest corner of said 32.00 acre tract and being the southwest corner of a 23.5 acre tract, as described in Vol. 4162, Pg. 2694 in said Deed Records; THENCE, South 81°26'58" East, along the north line of said 32.00 acre tract and along the south line of said 23.5 acre tract, for a distance of 858.39 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, South 51'33'18" East, continuing along said north and south lines, for a distance of 315.46 feet, to a 1/2 inch iron rod found at the southeast corner of said 23.5 acre tract and being the most westerly southwest corner of a 9.920 acre tract, as described in Doc. No. 20061220001790430, in said Deed Records; THENCE, South 51'25' 13" East, continuing along said north line and with the south line of said 9.920 acre tract, for a distance of 277.54 feet, to a 1/2 inch iron rod found; THENCE, South 86°09'33" East, continuing along said north and south lines, for a distance of 83.32 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, South 19°29'06" West, departing said lines, for a distance of 63.50 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", at the point of curvature of a curve to the left, having a radius of 445.00 feet, a central angle of 19°42'26", and a tangent of 77.29 feet; THENCE, along said curve to the left for an arc distance of 153.06 feet (Chord Bearing South 09°37'53" West - 152.31 feet), to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", at the point of tangency; THENCE, South 00°13'20" East, for a distance of 59.01 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", in the north line of said 5.675 acre tract; THENCE, North 88°41'17" East, along the north line of said 5.675 acre tract, for a distance of 44.48 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", at the most easterly northeast corner of said 5.675 acre tract, THENCE, South 00°46'37" East, along the east line of said 5.675 acre tract, for a distance of 112.52 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", in the south line of said 32.00 acre tract; THENCE, North 89°54'07" East, departing said east line and with the south line of said 32.00 acre tract, at 384.71 feet, passing the southeast corner of said 32.00 acre tract and being the most westerly southwest corner of said 10.00 acre tract, and continuing for a total distance of 534.58 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, South 07°09'39" West, departing a south line of said 10.00 acre tract, for a distance of 208.28 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", on a non - tangent curve to the right, having a radius of 3410.00 feet, a central angle of 02°51'27", and a tangent of 85.05 feet; THENCE, along said curve to the right for an arc distance of 170.70 feet (Chord Bearing South 8496'05" East - 170.05 feet), to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, South 07°09'39" West, for a distance of 460.00 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", on a non -tangent curve to the right, having a radius of 2950.00 feet, a central angle of 00°05'01 ", and a tangent of 2.16 feet; THENCE, along said curve to the right for an arc distance of 4.31 feet (Chord Bearing South 82°47'50" East - 4.31 feet), to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, South 07°14'41" West, for a distance of 120.00 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", on a non -tangent curve to the left, having a radius of 2830.00 feet, a central angle of 08°12'15", and a tangent of 201.44 feet; THENCE, along said curve to the left for an are distance of 405.23 feet (Chord Bearing North 86°51'27" West - 404.88 feet), to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, North 01°27'57" West, for a distance of 290.01 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", on a non -tangent curve to the left, having a radius of 3120.00 feet, a central angle of 04°26'37", and a tangent of 121.05 feet; THENCE, along said curve to the left for an arc distance of 241.98 feet (Chord Bearing South 86'46'17" West — 241.92 feet), to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, South 85°10'38" West, for a distance of 371.20 feet, to a 1/2 inch iron rod found at the southeast corner of a 10.00 acre tract, as described in Doc. No. 20091120001412550, in said Deed Records and being in the west line of said 5.675 acre tract; THENCE, North 00° 13'20" West, along the east line of said 10.00 acre tract and the west line of said 5.675 acre tract, for a distance of 412.38 feet, to a 1/2 inch iron rod found at the northeast corner of said 10.00 acre tract; THENCE, South 88°28'07" West, departing the west line of said 5.675 acre tract and along the north line of said 10.00 acre tract, at 998.31 feet, passing a 1/2 inch iron rod found at the northwest corner of said 10.00 acre tract and continuing for a total distance of 1272.21 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", in the west line of said 32.00 acre tract and being in the east line of a 15.0 acre tract, as described in Vol. 4162, Pg. 2694 in said Deed Records; THENCE, North 15'42'13" East, along said east and west lines, for a distance of 1076.18 feet, to the POINT OF BEGINNING and containing 43.489 acres of land. EXHIBIT A-3 Starlight Property EXHIBIT B The Road Project low �f I all ■sue II �� l WE a�ii6,i f1 Cps. z .44 „ K q�5 .fir gga�� R WE rrr>•�� F,?HF5,7- "j'5 1p4 tI OF n 1w,_ lr of y 1 ■1 1 1• •1*i�e1�'Ai�l�l��!'TIR!I�r 1 oil �► FPHlfiii I Kai ( PG- % OL X siuWUEr�u�Wi�r� OF rkHkm J i� RWEi��,��f� SO :201 :1p01 ME 10111 "g ) C 0 EXHIBIT C Breakdown of Costst PROJECT QUANTITIES -FOSTER CROSSING SECTION 1-ENGINEERING ITEM DESCRIPTION QUANTITY UNIT COST/UNIT TOTAL COST 1.1 Geotechnical Investigation 1 LS $2,500.00 $2,500.00 1.2 Design Survey 1 LS $7,500.00 $7,500.00 1.3 Engineering Design 1 LS $35,000.00 TOTAL COSTS $45,000.00 SECTION II -TESTING ITEM DESCRIPTION QUANTITY UNIT COST/UNIT TOTAL COST 2.1 Material Testing 1 LS $6,750.00 $6,750.00 2.2 ROW Acquisition (estimated cost) 1 LS $38,000.00 $38,000.00 2.3 Construction Staking 1 LS $8,000.00 $8,000.00 2.4 As Built Plans 1 LS $2,000.00 $2,000.00 TOTAL COSTS $54,750.00 SECTION III -EROSION AND GRADING ITEM DESCRIPTION QUANTITY UNIT COST/UNIT TOTAL COST Site Work -Clearing and Grubbing (All Existing 3.1 Fence Removed) 2.86 AC $1,500.00 $4,290.00 Site Work -Tree removal, Disposal and 3.2 Demolition 1 LS $30,000.00 $30,000.00 Dirt Work -On -Site Balanced Cut and Fill (Uncl. 3.3 Exc) 17000 CY $3.50 $59,500.00 Erosion Control -Miscellaneous- Stabilized 3.4 Construction Ent./Ext 1 EA $2,000.00 $2,000.00 Erosion Control- Inlets - Curb Inlet Protection - 3.5 Complete 2 EA $350.00 $700.00 Erosion Control - Drainage - Silt Fence -With 3.8 Wire Backing 4000 LF $2.00 $8,000.00 Erosion Control - Grassing -Seeding -Square 3.9 Yard 30000 SY $0.35 $10,500.00 TOTAL COSTS $114,990.00 SECTION IV - STORM DRAINAGE ITEM DESCRIPTION QUANTITY UNIT COST/UNIT TOTAL COST 2.1 24" RCP 15 LF $95.00 $1,425.00 2.2 18" RCP 183 LF $85.00 $15,555.00 2.3 15' Curb Inlet 1 EA $6,000.00 $6,000.00 Note, costs are an estimate only and the final construction costs shall be determined by the actual amounts paid for the Roadway Project. The estimated costs herein shall in no manner limit the eligible reimbursement. 2.4 10' Curb Inlet 1 EA $5,000.00 $5,000.00 2.5 4' Stm. Manhole (Sta. 11+20 Line D-8) 1 EA $5,000.00 $5,000.00 TOTAL COSTS $32,980.00 SECTION V-PAVING Foster Crossing ITEM DESCRIPTION QUANTITY UNIT COST/UNIT TOTAL COST 5.1 Subgrade Preparation 7000 SY $5.00 $35,000.00 5.2 Hydrated Line 130 TON $170.00 $22,100.00 5.3 8"-3600 psi Paving 5450 SY $60.00 $327,000.00 5.4 6" Concrete Transition 1050 SY $50.00 $52,500.00 5.5 White Edge Striping 600 LF $5.00 $3,000.00 5.6 Two Way Traffic Buttons 620 LF $5.00 $3,100.00 5.7 Remove Asphalt Pavement 5000 SY $12.00 $60,000.00 5.8 Remove Concrete Driveway 164 SY $5.00 $820.00 5.9 Install Concrete Driveway 75 SY $50.00 $3,750.00 5.10 Install Chip/Seal Drive 267 SY $25.00 $6,675.00 5.11 Traffic Control 1 LS $35,000.00 $35,000.00 TOTAL COSTS $548,945.00 TOTAL $796,665.00 IMPACT FEE CREDIT APPLICATION 1. Legal corporate or business name of the Develaper/owner; -S °'vUVX Pt-1-4,J 69410 .P,Nhse 1�� L78 ,l1 ni C,rc�ssin�y, � ] �drt Na.�/V'N�� 2. Name and title of the person with authority to execute the Impact Fee Credit Agreement on behalf of the Developer/Owner: 3. Name of Development; �%.!►�d rho9eS'~� Attach as "Exhibit A" a legal description of the property or new development for which the Impact fee credit would be applicable, frAfgi b A114-4-1,v47"Y Ptah Fait PPGt 5 _ c !�f[d ! F,Ru1c" C�Me� ^P� 7t11 "� eCjj� 4. Capital Improvement facilities for which Impact fee credits are claimed: tr Ck4s"w, Attach as "Exhibit 0"schematic d slgn or construe ion plans of the Capital Improvement facllltles for which Impact fee credits are claimed, 5, Estimated Construction Cost, with respect to the engineering, design, and construction of the of the Capital Improvement facilities for which Impact fee credits are claimed, iJ5-/ Z /-�- Attach as "ExhibitC" an opinion of probable cost prepared by a Texas Professional Engineer of the Capital improvement facilities that will be constructed and for which Impact fee credits are claimed. City inspection fees, and contingency estimates shall NOT be Included in the opinion of probable cost. 1 f±° N cddve, 94&,! fL.-+67m� 5 7",-f 6Y:Pg'-W 6wow P+bfScy, CP `. ltr*R�. , q %tr�s w,p.�+t ,, ih Gam.. -I :D-4- 13 Y- 7 Signature of A ant Date . 4b4,j 13 ve 203 7,/2tr,ivl � 4— QY 9/zj// ,¢pOE.r -ADS Ea«�v: jHRI��'r� .ore Nd `] 1,tP 47-gc c PSC Cor er.�Y+, s Trwg ,�4. �.7r • •� 1 — fig Mpg 9PIY.�rgvr- b - . -� r � ncFtvy IMPACT FEE CREDIT APPLICATION A5 4844-7096-1826v.2 19719-15 CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING AN AMENDED AND RESTATED ROADWAY IMPACT FEE CREDIT AGREEMENT AGREEMENT FOR PECAN GROVE PHASE 2-4, WEST FOSTER CROSSING ROAD, BY AND BETWEEN THE CITY OF ANNA AND PECAN GROVE PHASE II, LTD., A TEXAS LIMITED PARTNERSHIP, ITS SUCCESSORS AND ASSIGNS ("PECAN GROVE"); PECAN GROVE PHASE III, LTD., A TEXAS LIMITED PARTNERSHIP, ITS SUCCESSORS AND ASSIGNS ("PECAN GROVE III") AND STARLIGHT HOMES TEXAS L.L.C., ITS SUCCESSORS AND ASSIGNS ("STARLIGHT") AS SHOWN IN EXHIBIT "A" ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Pecan Grove Phase 2-4 Subdivision is an active development project in the City of Anna; and, WHEREAS, the City requested for the Developers to construct their portion of West Foster Crossing Road; and, WHEREAS, the City and the Developers have previously entered into a Roadway Impact Fee Credit Agreement for Pecan Grove Phase 2-4, West Foster Crossing Road; and, WHEREAS, the Developers agree to construct the required improvements to West Foster Crossing Road, or provide escrow funds or a performance bond in the amount required to construct Foster Crossing Road; and, WHEREAS, the cost to construct the improvements are eligible for reimbursement through Roadway Impact Fees; and, WHEREAS, Roadway Impact Fees from the Development shall be used to fund the total City share of the cost of the improvements in an amount not to exceed the Roadway Impact Fees collected from Pecan Grove Phase 2-4. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization of Funding. That the City Manager is hereby authorized to execute the Agreement attached hereto as Exhibit "A." PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 15t" day of October 2019. ATTEST: APPROVED: City Secretary, Carrie L. Smith Mayor, Nate Pike THE CITY CIF Anna AGENDA ITEM: Item No. 10. City Council Agenda Staff Report Meeting Date: 10/15/2019 Consider/Discuss/Action on a Resolution authorizing the City Manager to implement the Employee Compensation Plan, providing for a Step Plan for Police employees, a Step Plan for Fire employees, and an open range plan for all general employees and management employees. (H.R. Manager Stephanie Beitelschies) �Y�J►�i 1 J� Ie1:�'il As a part of the adopted Strategic Plan, staff was directed to determine a pay plan to address employee compensation. As such staff engaged a consultant firm, Johansen Group, to survey the comparable market cities in Collin County with the intent on developing pay ranges and format, providing a recommendation for a pay structure for all employees. As a part of this process the consultant reviewed all existing job descriptions, completed the market analysis, surveyed 12 cities in Collin County to establish the pay ranges based on market conditions for comparable work, and determined an efficient method by which the staff could administer the process going forward. The surveyed cities included Melissa, Princeton, Fairview, Wylie, Sachse, Murphy, Frisco, Allen, Plano, Celina, Prosper, and McKinney. Collin County was included but was unresponsive to the request for information. As a part of the analysis it was determined that several key indicators were identified as follows: - Generally Anna was towards the bottom of the market of the cities surveyed - 2 employees were topped out in their ranges - 5 employees were improperly graded and would be reclassified - 12 employees were well within their respective pay ranges and would not be adjusted - 28 employees were significantly below pay ranges and would be brought into range - the balance of the remaining employees were in the lower quartile of their pay ranges and would receive adjustments - several internal inequities were determined and would be adjusted to ensure tenure and compensable factors were adequately and thoroughly reviewed - Fire Department did not have a Step Plan which is typical for public safety departments - Police Department had a step plan but it was not in alignment with market conditions - Application of merit pay would be revised to ensure it was earned The goals of implementation were set as follows: - Establish target on the market scale setting Anna in alignment with the market based upon comparable factors. The 15th percentile was chosen placing us ahead of Melissa, Princeton, Sachse, and comparable to and on par with Celina. - Ensure all job descriptions were properly graded based upon compensable factors and internal equity were addressed. - Ensure all staff below grade were brought to grade. - Provide Step Plan for Public Safety Departments. - Provide a lateral hiring plan for public safety as a recruitment tool for acquiring experienced employees commensurate with experience and market conditions. - Provide Open Range Plan for all non-public safety and management employees - Provide a management system that the City Manager or designee could administer easily for the purpose of hiring, firing, reclassifying, promoting, creating of job descriptions, and retaining and recruiting of staff, under the authority and direction of the City Manager. The grading system utilized is comprehensive system that weight the compensable factors that can be applied to any job to determine job value. The compensable factors are noted as follows: Factor 1: Experience -General Factor 2: Experience -Management Factor 3: Education Factor 4: Initiative & Ingenuity Factor 5: Mental Demand Factor 6: Analytical Ability & Problem Solving Factor 7: Responsibilities for Work of Others Factor 8: Responsibilities for Funds, Property, etc. Factor 9: Responsibilities for Accuracy Factor 10: Accountabilities & End Results Factor 11: Contacts with Public Factor 12: Contacts with Employees Factor 13: Machine & Computer Operations Factor 14: Working Conditions & Hazards Factor 15: Physical Demands With the approval of the Fiscal Year 2020 Budget, the City Manager is implementing the Employee Compensation Plan as presented herein. STAFF RECOMMENDATION: Approve the Employee Compensation Plan, providing for a Step Plan for Police employees, a Step Plan for Fire employees, and an open range plan for all non-public safety employees and management employees as presented. ATTACHMENTS: Description Upload Date Type Classification and Step Plans 10/7/2019 Staff Report Fire Recruit - 10% $ 44,027.10 STEP 1 (0- 2.99 yrs)* STEP 2 (3-4.99 yrs)* STEP 3 (5 years +) * STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 Fire Fighter $ 48,919.00 $ 51,636.78 $ 54,354.56 $ 57,072.33 $ 59,790.11 $ 62,507.89 $ 65,225.67 $ 67,943.44 $ 70,661.22 $ 73,379.00 Driver Engineer $ 51,364.95 $ 54,218.62 $ 57,072.28 $ 59,925.95 $ 62,779.62 $ 65,633.28 $ 68,486.95 $ 71,340.62 $ 74,194.28 $ 77,047.95 Fire Captain $ 65,158.00 $ 68,777.89 $ 72,397.78 $ 76,017.67 $ 79,637.56 $ 83,257.44 $ 86,877.33 $ 90,497.22 $ 94,117.11 $ 97,737.00 Fire Captain Admin (2080) $ 65,158.00 $ 68,777.89 $ 72,397.78 $ 76,017.67 $ 79,637.56 $ 83,257.44 $ 86,877.33 $ 90,497.22 $ 94,117.11 $ 97,737.00 Bat Chief $ 72,918.00 $ 76,969.00 $ 81,020.00 $ 85,071.00 $ 89,122.00 $ 93,173.00 $ 97,224.00 $ 101,275.00 $ 105,326.00 $ 109,377.00 *Laterals will be reviewed to determine eligibility on a case -by -case basis. *Laterals will enter the pay scale based on their years of full-time fire fighter experience. *Laterals may enter pay scale up to STEP 3 with 5+ years of experience. Police Recruit $ 50,020.20 STEP 1 (0- 2.99 yrs)* STEP 2 (3-4.99 yrs)* STEP 3 (5 years +)* STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 Police Officer $ 55,578.00 $ 58,665.56 $ 61,753.11 $ 64,840.67 $ 67,928.22 $ 71,015.78 $ 74,103.33 $ 77,190.89 $ 80,278.44 $ 83,366.00 Corporal/Detective (2080) $ 58,356.90 $ 61,598.83 $ 64,840.77 $ 68,082.70 $ 71,324.63 $ 74,566.57 $ 77,808.50 $ 81,050.43 $ 84,292.37 $ 87,534.30 Police Sergeant $ 65,014.00 $ 68,625.89 $ 72,237.78 $ 75,849.67 $ 79,461.56 $ 83,073.44 $ 86,685.33 $ 90,297.22 $ 93,909.11 $ 97,521.00 Police Lieutenant (2080) $ 78,570.00 $ 82,935.11 $ 87,300.22 $ 91,665.33 $ 96,030.44 $ 100,395.56 $ 104,760.67 $ 109,125.78 $ 113,490.89 $ 117,856.00 *Laterals will be reviewed to determine eligibility on a case -by -case basis. *Laterals will enter the pay scale based on their years of full-time peace officer experience. *Laterals may enter pay scale up to STEP 3 with 5+ years of experience. Time spent in an academy, correctional service, or time as a military police officer, will not qualify as time in service for our lateral entry program. FY2019-2020 Classification Plan Current Existing Positions Job Title Min Mid Max City Manager $ 135,956.34 $ 169,945.43 $ 203,934.51 Assistant City Manager $ 116,412.54 $ 145,515.67 $ 174,618.81 Director of Public Works $ 113,873.76 $ 142,342.20 $ 170,810.64 Director of Finance $ 111,095.47 $ 138,869.34 $ 166,643.21 Police Chief $ 106,065.82 $ 132,582.27 $ 159,098.73 Fire Chief $ 106,065.82 $ 132,582.27 $ 159,098.73 Director of Development Services $ 103,000.12 $ 128,750.15 $ 154,500.19 EDC Director $ 101,850.49 $ 127,313.11 $ 152,775.73 Director of Community Services $ 101,706.78 $ 127,133.48 $ 1525560.18 Director of Human Resources $ 97,730.96 $ 122,163.70 $ 146,596.44 Assistant Fire Chief $ 90,449.94 $ 113,062.42 $ 135,674.90 Assistant Chief of Police $ 89,348.20 $ 111,685.25 $ 134,022.30 Assistant Public Works Director $ 88,102.76 $ 110,128.45 $ 132,154.14 Information Technology Manager $ 87,048.93 $ 108,811.16 $ 130,573.40 Economic Development Manager $ 82,402.49 $ 103,003.11 $ 123,603.73 Police Lieutenant $ 78,570.37 $ 98,212.96 $ 117,855.55 Accounting Manager $ 72,247.37 $ 90,309.22 $ 108,371.06 Budget Manager $ 70,666.62 $ 88,333.28 $ 105,999.94 Building Official $ 675984.14 $ 84,980.18 $ 1015976.21 Superintendent $ 67,984.14 $ 84,980.18 $ 101,976.21 City Secretary $ 675121.91 $ 83,902.39 $ 1005682.87 GIS Manager $ 66,403.39 $ 83,004.24 $ 99,605.09 Fire Captain $ 65,157.95 $ 81,447.44 $ 97,736.93 Police Sergeant $ 65,014.25 $ 81,267.81 $ 97,521.37 Code Compliance Manager $ 615804.85 $ 77,256.06 $ 925707.28 Customer Service Manager $ 56,775.20 $ 70,968.99 $ 85,162.79 Planner II $ 56,727.29 $ 70,909.12 $ 85,090.94 Police Officer $ 54,284.32 $ 67,855.40 $ 81,426.48 Court Administrator $ 52,080.85 $ 65,101.06 $ 78,121.28 Fire Fighter $ 48,919.35 $ 61,149.19 $ 73,379.03 Inspector (Infrastructure; Building) $ 45,470.45 $ 56,838.06 $ 68,205.67 Accountant $ 43,793.89 $ 54,742.37 $ 65,690.84 Senior Wastewater Plant Operator $ 43,793.89 $ 54,742.37 $ 65,690.84 Community Service Coordinator $ 42,500.55 $ 53,125.69 $ 63,750.83 Crew Leader $ 415063.51 $ 51,329.39 $ 615595.26 Planner 1 $ 40,105.48 $ 50,131.85 $ 60,158.22 Traffic Safety Technician $ 39,099.55 $ 48,874.44 $ 585649.32 Water Operator $ 37,997.82 $ 47,497.27 $ 56,996.72 Permit Technician $ 36,417.07 $ 45,521.33 $ 54,625.60 Maintenance Worker II $ 36,321.26 $ 45,401.58 $ 54,481.89 Police Records Administrator $ 36,081.76 $ 45,102.19 $ 54,122.63 Accounting Technician $ 35,698.54 $ 44,623.18 $ 53,547.82 Senior Utility Billing Clerk $ 34,501.01 $ 43,126.26 $ 51,751.51 Service Order Technician $ 34,309.40 $ 42,886.75 $ 51,464.10 Administrative Assistant $ 34,165.70 $ 42,707.12 $ 51,248.55 Maintenance Worker I $ 31,291.61 $ 39,114.51 $ 46,937.41 Utility Billing Clerk $ 31,004.20 $ 38,755.25 $ 46,506.30