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Home My WebLink About2024-05-28 Work Session & Regular Meeting PacketAGENDA City Council Work Session Tuesday, May 28, 2024 CANCELLED The regularly scheduled Work Session Meeting has been cancelled. This is to certify that I, Carrie L. Land, City Secretary, posted this Agenda on the City’s website (www.annatexas.gov) and at the Anna Municipal Complex bulletin board at or before 5:00 p.m. on 5/24/2024. ____________________________ Carrie L. Land, City Secretary AMENDED AGENDA City Council Meeting Tuesday, May 28, 2024 at 6:00 PM Anna Municipal Complex - Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna will meet on 5/28/2024 at 6:00 PM in the Anna Municipal Complex-Council Chambers, located at 120 W. 7th Street, to consider the following items. Welcome to the City Council meeting. 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. Neighbor Comments. At this time, any person may address the City Council regarding an item on this meeting Agenda that is not scheduled for public hearing. Also, at this time, any person may address the City Council regarding an item that is not on this meeting Agenda. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this Agenda, other than to make statements of specific information in response to a citizen’s inquiry or to recite existing policy in response to the inquiry. 4. Reports. 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. Recognition of Outgoing Mayor, Nate Pike. (City Manager Ryan Henderson) b. City Secretary to administer Oath of Offices. (City Secretary Carrie Land) c. Volunteer Program Report and Recognition. (Community Enhancement and Compliance Manager Olivia Demmings) 5. Work Session. a. Receive and discuss a presentation on the FY2025 Budget Process Calendar. (Budget Manager Terri Doby) b. Receive and discuss a presentation on Capital Parks Projects. (Park Planning & Development Manager Dalan Walker) 6. Consent Items. These items consist of non-controversial or "housekeeping" items required by law. Items may be considered individually by any Council Member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Meeting Minutes for May 14, 2024. (City Secretary Carrie Land) b. Review Minutes of the April 4, 2024, Joint Community Development Corporation and Economic Development Corporation Board Meetings. (Director of Economic Development Bernie Parker) c. Review Monthly Financial Report for the Month Ending April 30, 2024. (Budget Manager Terri Doby) d. Approve the Quarterly Investment Report for the Period Ending March 31, 2024. (Finance Director Aimee Rae Ferguson) e. Approve and Ratify agreement regarding local legal counsel services in SB 2038 litigation. (City Attorney Clark McCoy) f. Approve a Resolution authorizing the City Manager to execute an agreement with Axon Enterprise Inc. for in-car camera and body-worn camera systems in an amount not to exceed $950,000. (Assistant Police Chief Phillip Foxall) g. Approve a Resolution to abandon a temporary turnaround easement on Lakeshore Drive in The Villages of Hurricane Creek Phase 1. (City Engineer Wes Lawson, P.E.) 7. Items For Individual Consideration. a. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to rezone 1.35± acres located at the northeast corner of east Fourth Street and north Sherley Avenue. (Planning Manager Lauren Mecke) b. Consider/Discuss/Action on a Resolution regarding the Anna Original Donation, Block 12, Lot 1-16, Preliminary Site Plan. (Planning Manager Lauren Mecke) c. Continue the Public Hearing/Consider/Discuss/Action on an Ordinance for the Skorburg Outer Loop zoning request. (Planning Manager Lauren Mecke) d. [Received a request to Table] Conduct a Public Hearing/Consider/Discuss/Action on a Resolution to rezone 59.11± acres to Planned Development/multifamily 312 Units, currently zoned SF-E (Agriculture). Located on the northwest and southwest corner of County Road 423 and Powell Parkway. (Planning Manager Lauren Mecke) e. Consider/Discuss/Action on a Resolution approving a first amendment to Cox Tract Development Agreement with Rockhill Contracts I, LLC, relating to Development of Property for a Mixed Use Development. (Director of Economic Development Bernie Parker) f. Consider/Discuss/Action on a Resolution of the City Council of the City of Anna, Texas, finding that a public necessity exists for acquisition of a permanent sanitary sewer line easement on and across 0.0799 acres of real property for the construction and maintenance of the Hurricane Creek Trunk Sewer Line Northern Extension, in a form approved by the City Attorney. (Assistant City Manager Greg Peters, P.E.) g. Consider/Discuss/Action on a Resolution of the City Council of the City of Anna, Texas, finding that a public necessity exists for acquisition of a permanent sanitary sewer line easement on and across 0.09461 acres of real property for the construction and maintenance of the Hurricane Creek Trunk Sewer Line Northern Extension, in a form approved by the City Attorney. (Assistant City Manager Greg Peters, P.E.) h. Consider/Discuss/Action on a Resolution of the City Council of the City of Anna, Texas, finding that a public necessity exists for acquisition of a permanent sanitary sewer line easement on and across 0.1977 acres of real property for the construction and maintenance of the Hurricane Creek Trunk Sewer Line Northern Extension, in a form approved by the City Attorney. (Assistant City Manager Greg Peters, P.E.) i. Consider/Discuss/Action on a Resolution of the City Council of the City of Anna, Texas, finding that a public necessity exists for acquisition of a permanent sanitary sewer line easement on and across 0.3652 acres of real property for the construction and maintenance of the Hurricane Creek Trunk Sewer Line Northern Extension, in a form approved by the City Attorney. (Assistant City Manager Greg Peters, P.E.) j. Consider/Discuss/Action on a Resolution of the City Council of the City of Anna, Texas, finding that a public necessity exists for acquisition of a permanent sanitary sewer line easement on and across 0.5034 acres of real property for the construction and maintenance of the Hurricane Creek Trunk Sewer Line Northern Extension, in a form approved by the City Attorney. (Assistant City Manager Greg Peters, P.E.) k. Consider/Discuss/Action on a Resolution of the City Council of the City of Anna, Texas, finding that a public necessity exists for acquisition of a permanent Right-of-Way on and across 1.536 acres of real property for South Standridge Boulevard and a permanent drainage easement on and across 0.90 acres of real property necessary for the construction of the Crystal Park Phase 1 Development, in a form approved by the City Attorney. (City Engineer Wes Lawson, P.E.) l. Consider/Discuss/Action on a Resolution authorizing the City Manager to execute documents for the acquisition of 2.794 acres of real property for a permanent sanitary sewer easement and a temporary construction easement on and across 2.797 acres of real property located on the south side of County Road 284 necessary for the construction of a public sanitary sewer main from Crystal Park Phase 1 to the Hurricane Creek Trunk Sewer Line, in a form approved by the City Attorney. (City Engineer Wes Lawson, P.E.) m. Consider/Discuss/Action on Parks Advisory Board member appointments. (City Secretary Carrie Land) n. Consider/Discuss/Action on Planning and Zoning Commission member appointments. (City Secretary Carrie Land) o. Consider/Discuss/Action on Board of Adjustments member appointments. (City Secretary Carrie Land) p. Consider/Discuss/Action on Economic Development Corporation/Community Development Corporation member appointments. (City Secretary Carrie Land) q. Consider/Discuss/Action on appointment of board and commission liaisons. (City Secretary Carrie Land) r. Acting as the Anna Housing Financial Corporation Board of Directors, Consider/Discuss/Action on appointment of officer positions. (City Secretary Carrie Land) s. Acting as the Anna Public Facility Corporation Board of Directors, Consider/Discuss/Action on appointment of officer positions. (City Secretary Carrie Land) t. Consider/Discuss/Action on appointment of a Mayor Pro Tem. (City Secretary Carrie Land) u. Consider/Discuss/Action on appointment of a Deputy Mayor Pro Tem. (City Secretary Carrie Land) 8. 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). b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072). 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). d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). Boards, Commissions and City Council 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. 9. 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. 10. Adjourn. This is to certify that I, Carrie L. Land, City Secretary, posted this Agenda on the City’s website (www.annatexas.gov) and at the Anna Municipal Complex bulletin board at or before 5:00 p.m. on 5/24/2024. _______________________________ Carrie L. Land, City Secretary Item No. 4.a. City Council Agenda Staff Report Meeting Date: 5/28/2024 Staff Contact: Ryan Henderson AGENDA ITEM: Recognition of Outgoing Mayor, Nate Pike. (City Manager Ryan Henderson) SUMMARY: The agenda item before council is to recognize outgoing Mayor Nate Pike for his public service to the City of Anna. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: Nate Pike has served as the Anna Mayor since 2017. The item on the agenda is an opportunity for Mayor Pike to thank the community and for the community to thank Mayor Pike for his service. STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: Item No. 4.b. City Council Agenda Staff Report Meeting Date: 5/28/2024 Staff Contact: Carrie Land AGENDA ITEM: City Secretary to administer Oath of Offices. (City Secretary Carrie Land) SUMMARY: The City Secretary will administer the Oath of Office to newly elected: Mayor Pete Cain City Council Member Place 1 Kevin Toten City Council Member Place 2 Jody Bills FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: Item No. 4.c. City Council Agenda Staff Report Meeting Date: 5/28/2024 Staff Contact: AGENDA ITEM: Volunteer Program Report and Recognition. (Community Enhancement and Compliance Manager Olivia Demmings) SUMMARY: 60 volunteers participated in the Anna Volunteers program in 2023 for a total of 486 hours donated. Volunteers participated in special events, youth sports, and senior programming. Our Boards and Commissions members also served diligently, providing countless hours for the betterment of our community. Each year we are pleased to recognize our volunteers' hard work and award one "Volunteer of the Year." FINANCIAL IMPACT: Applying the independent sector value of $33.49, volunteers provided $16,276.14 of labor to the City of Anna. BACKGROUND: The City of Anna Volunteer Program was founded in 2021 and has grown to include 250 registered volunteers. STRATEGIC CONNECTIONS: Neighborly ATTACHMENTS: 1. 2023 Volunteer Recognition RECOGNITION OF2023 VOLUNTEERS 152 VOLUNTEERSPARTICPATED 486 TOTAL HOURS RECORDED 20 VOLUNTEEROPPORTUNITIES 53 BAGS OF LITTERCOLLECTED $16,276.00 DOLLAR VALUE OFHOURS DONATED* *INDEPENDENT SECTOR VALUE OF 33.49/HR 2023 VOLUNTEERS Aaron Padgett Abby Allen Abigail Ruiz Adam Bruno Adam Stormer Akinbade Akinfenwa Alan Hitcox Alastair Hunte Aleck Hunte Aleks Caveny Alex Christenson Allie Rollins Allison Inesta Analese Fournier Andrew Carlson Andrew Reed Angela Dickson Angelina Martoccio Anna-Melissa Democrats Ashley Bergerson Athena Miller Ben Rippon Bill Wehunt Bradlyn Keel Brady Anderson Brady Taylor Brayden Bunting Bret Wilkinson Brian Pratt Brittany Morin-Mezzadri Thank you for your dedication to our community! Scott Young Sean Clark Stephanie Gonzalez Stephanie Reece Steven Campbell Susan Abernethy Svetlana Kaliuzhnaia Sydney May Tabatha Aaron Tana Brown Tanner Matthews TJ Lynn Tom Holman Tom Stocking Trent Hudson Tyler Baker Tyler Festag Ubaldo Ramirez Vasilii Kailuzhnyi Veronika Grogean Walt Peoples Walter Chickukwa Wes Graham William Baldwin Zach Jones Cary Wilburn Casey Stormer Chad Spring Charles Johnson Chelsie Rippon Chris Reeves Chris Turner Chris Ulch Christian Gober Christopher Murray CJ Rider Clair Bibb Cody Clayton Cody Toland Cortni Brown Crystal Grider Dalton Clakley Daniel Marquez Danielle Dailey Danielle Lamar David Colegrove David McDonald David Powell Debbie Turner Dylan Dunlop Easton Braithwaite Elijah Nelms Erin Schoonover Francisco Ramirez Gabrielle McDonald German Ramirez Glen Spellman Glenn Brown Greyson Allen Holly Braithwaite Hurricane Creek Rotary Club Jack Schoonover Jacob Tatum Jason Adams Jeff Gallagher Jeff Reece Jennifer Hensley Jennifer Wilkinson Jeremy Fisher Jeremy Fitzsimmons Jessica Duncan Joe McDermott John Freeman Joshua Head Jr (Rene) Pena Justin Browning Justin Inesta Kaelyn Bunting Karina Castillo Katee Fitzsimmons Katharine Chamberlian Kathleen Cate Domalogdog Kathryn Kahler Kay Stocking Kurt Randa LaChanda Crooks Lamar Burton Landon Hartwick Laruen Goff Leo Delossantos Lloyd Jacobs Luke Longino Lyle Jacobs Madeline McGee Maggie Gann Maghan Gautney Mark Harris Mark Wallace Martha Morales Matthew Powell Melissa Garcia Michael Miner Michael Redko Michele Conrad Nathan Wooldridge New Life Church Anna Nicole Cothron Nicolette Ricker Patricia Pringle Patrick Warren Quentin Rocha Rebecca Martin Rikki Garcia Robert BJ Alvis Robin Harper Romany Grais Rose Craig Ryan McGrath Sade Sims Sagan McCulloch Sam Kieschnick Sarah McDermott 2023 VOLUNTEER OF THE YEAR ELIJAH NELMS 54.25 Hours Donated Keep Anna Beautiful Committee Member Diversity and Inclusion Board Member Adopt-A-Spot Group Leader - Slayter Creek Park 2024 VOLUNTEER OPPORTUNITES MLK SERVICE DAY PROJECT - ANNA ISD COYOTE PACKS 12 volunteers participated. 100 packs donated to Rattan Elementary to be distributed to other campuses as needed, with many supplies left over. Donations provided by the Anna Community. Item No. 5.a. City Council Agenda Staff Report Meeting Date: 5/28/2024 Staff Contact: Terri Doby AGENDA ITEM: Receive and discuss a presentation on the FY2025 Budget Process Calendar. (Budget Manager Terri Doby) SUMMARY: Staff will provide a presentation outlining the upcoming FY2025 Budget Process Calendar and give a summary of the major actions that will be taken before adopting the FY2025 Budget on September 10, 2024. FINANCIAL IMPACT: For information only. BACKGROUND: Texas Local Government Code 102.002 requires that the City prepare each year a municipal budget to cover the proposed expenditures of the municipal government for the succeeding year. The City's largest revenue is property tax, and the Texas Property Tax Reform and Transparency Act of 2019 outlines very specific requirements and deadlines for the adoption of a property tax rate. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: Item No. 5.b. City Council Agenda Staff Report Meeting Date: 5/28/2024 Staff Contact: Gregory Peters AGENDA ITEM: Receive and discuss a presentation on Capital Parks Projects. (Park Planning & Development Manager Dalan Walker) SUMMARY: Staff will provide the City Council with an update on completed, active, and proposed capital parks projects for discussion. The City reviews park and recreation needs in the community on an annual basis. Projects are selected based upon the City of Anna 2050 Parks, Open Space, Trails & Recreation Master Plan. Feedback from the City Council will be utilized to finalize project selection, scope, and budget, which will be incorporated into the next fiscal year budget. FINANCIAL IMPACT: None at this time. This item is for review and discussion only. The final project list and budget will be incorporated into the City's annual fiscal year operating budget for FY24- 25. BACKGROUND: Projects were provided at the May 20, 2024, Parks Advisory Board meeting. Staff received feedback from the board and made adjustments accordingly in preparation for this meeting. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Active. ATTACHMENTS: 1. Park CIP FY24-25 Project Presentation Final Senior Transit Discussion Parks Capital Improvement Plan Annual Project Updates May 28, 2024 Overview This presentation was provided to the Parks Advisory Board on May 20th. Feedback was received and is incorporated into this presentation. •CIP Map – Completed, Active, and Proposed Projects •Completed Projects •Active Projects – City & Developer Led •Proposed City Projects •5-year Outlook •Staff Recommendation & Next Steps CIP/Park Map 1.Hurricane Creek Park 2.Bryant Park 3.John Flavel Greer Park 4.Slayter Creek Park 5.Yank Park 6.Creekside Natural Area 7.Sherley Heritage Park 8.Geer Park 9.Throckmorton Trail 10.Natural Springs Park 11.Oak Hollow Natural Area 12.Anna Crossing Park 13.Pecan Grove Trail 14.Hassie Lawrence Morgan Park 3 2 4 5 9 10 87 6 1 11 13 12 14 Slayter Creek Park •Skatepark •Skatepark Landscaping •Skatepark Lighting •Pickleball & Basketball Courts •Tennis Court Resurfacing & Improvement •Parking Lot Expansion •Fitness Court Shade Structure •New Restroom Yank Park •Playground Walk, Amenities & Half Basketball Court Natural Springs Park •New Secondary Parking Lot (near Paw Park) Completed Projects Active Projects Notes: •The following projects have FY23-24 funding and are underway. •Several projects require additional funding in FY24-25 to move into the next phase of development. •Design projects will require funds in future years for construction. •All projects are consistent with the Anna 2050 Parks, Open Space, Trails, and Recreation Master Plan. Active Projects – Pecan Grove Trail PECAN GROVE PHASE 1 PECAN GROVE PHASE 2 FOSTER CROSSING PARK PLACE PHASE 2 Project Status •Design Complete •Funded in FY23-24 Budget •Bid – June 2024 •Start Construction in August/September 2024 New Trail Connection to Park Place trail Future Connection Active Projects – Natural Springs Park Playground Project Status •Design Complete (design competition) •Funded in FY23-24 Budget •Project has been awarded •Supplier is currently manufacturing the equipment. •Construction is estimated to begin in September 2024 Active Projects – Anna Crossing Park Project Status •Conceptual design underway •Public meeting planned for June 17th as a part of regular Park Board Meeting •Construction funding proposed for FY24/25 Project Scope •Trail •Enhance existing pond •Restroom •Parking •Pavilion •Additional improvements based upon public/Parks Advisory Board/Council feedback Active Projects – Bryant Park Project Status •Master Plan underway •Final Design & Construction funding proposed for FY24-25 Budget •Bid/Construction in 2025 Project Scope •Soccer practice fields •Concrete trail around perimeter •Restroom •Storage •Parking Active Projects Developer Design/Construction Notes: •The following projects are being designed and constructed by land developers as a part of master planned developments. •The projects are identified in development agreements which are approved by the City Council. •The developer receives Park Development Fee and Parkland Dedication Fee Credits. •Staff reviews the design plans and construction to ensure compliance with the development agreement. •The improvements are for public use. (Not HOA) Active Projects – Throckmorton Trail (Developer) New Trail Project Status •Design Complete •Construction to begin Fall 2024 Active Projects – John Flavel Greer Park (Developer) Project Status •Design Complete •Construction to begin Summer 2024 Active Projects – Arden Park Trail (Developer) Project Status •Design Complete •Construction to begin Fall 2024 Trail Extension Active Projects – Hassie Lawrence Morgan Park (Developer) Project Scope •Playground •Pavilion •Restrooms •Parking •Multi-purpose fields •Additional Amenities per available funds Project Status •Design Underway •Construction to begin with first phase of development Proposed Projects FY24-25 Notes: •The following projects have not yet begun. •They are new projects not currently funded. •Staff is proposing funding in the FY24-25 Budget. Proposed Projects – Paw Park Enhancement Project Scope •Fence improvements •Irrigation improvements •Grading/drainage improvements •Turf replacement/repair •Additional enhancements based on budget and feedback during design Project Status •Feedback received from Parks Advisory Board and meeting attendees •Staff currently investigating scope options •Design & construction funding proposed for FY24-25 Budget •Bid/Construction in 2025 Paw Park at Natural Springs Park Proposed Projects – Replace Slayter Restroom/Concession Building •Design new restroom and concession building for ballfield area •Design – FY24-25 •Demo/Construction – FY25-26 Existing Building Proposed Maintenance Projects – Slayter Creek Park •Slayter Ball Field Maintenance •Remove and replace underground drainage pipes which are full of debris and non-functioning •Re-grade surrounding area to improve runoff •Install yellow guard/crowns on top of the outfield fences to enhance visibility, safety, and playing conditions •Slayter Ball Field Storage Shed •Purchase and install storage shed to house maintenance materials and field equipment. •Slayter Tennis Court Fence Replacement •Replace old, damaged fencing •Install windscreen Drainage Improvement Area Proposed Projects – Park Sign Enhancement Project Scope •Replace/Install new entry, kiosk, and directional signage for City Parks Project Status •Design completed during wayfinding study completed by Anna EDC in FY22-23 •City is currently working with consultant to determine wayfinding sign placement throughout the City, including parks •Park signs will be purchased/replaced beginning in FY24-25 Proposed Parks Planning Projects Natural Springs Park Master Plan •This project was requested by the Parks Advisory Board to guide future development at the park based on public input. Sherley Heritage Park Master Plan Update •The original master plan for the park was completed to determine the location of the historical train. It was recently presented during discussions with the Park Board, and feedback was received that the master plan needed to be revisited. Parks Master Plan Update •Last update: 2020 •Recommended update frequency: 5-7 years •Due to our growth and completion of many projects identified in the 2020 plan, staff recommends completing a master plan update in FY24-25 to ensure the plan remains relevant and is identifying the primary needs of the community. •This will be an update, not a complete overhaul of the current plan. 5-Year Outlook – Future Project Needs •Slayter Creek Park •Ballfield Restroom/Concession Building – Construction FY25-26 •Playground Replacement – Design/Construction FY26-27 •Hurricane Creek Park •148-acre property adjacent to SCS reservoir •Design FY25-26, Construction FY26-27, FY27-28 •Trail System Expansion •Creekside trail extension – Design FY25-26, Construction FY26-27 •Oak Hollow trail extension – Design FY25- 26,,Construction FY26-27 •Additional trails based on funding/need/land development All projects below are included in the current Park System Master Plan •Sherley Heritage Park Enhancement/Expansion •ADA Improvements – FY25-26 •Expansion Design FY26-27 •Expansion Construction FY27-28 (pending removal of water tanks) •Geer Park •Master Plan FY27-28 •Construction FY28-29 Fund Balance & Staff Recommendations Park Bond Fund Balance: $16M Proposed FY24-25 Bond Projects •Bryant Park - Design & Construction •Anna Crossing Park - Construction •Slayter Ball Field Restroom/Concession Replacement - Design •Park Signs - Construction •Natural Springs Dog Park Renovation Design & Construction Estimated Total Cost: $8M Park Development Fund Balance: $500,000 Proposed FY24-25 PDF Projects •Replace Slayter Tennis Courts Fence •Slayter Ballfield Drainage Improvements •Slayter Ballfield Fence Crowns •Slayter Practice Fields Storage Shed •Sherley Heritage Park Master Plan Update •Natural Springs Park Master Plan •Park Master Plan Update Estimated Total Cost: $500,000 Next Steps •Staff is seeking feedback on the proposed projects for FY24-25. •Based on the feedback received we will finalize project scopes and budgets for inclusion in the annual budget process. Item No. 6.a. City Council Agenda Staff Report Meeting Date: 5/28/2024 Staff Contact: AGENDA ITEM: Approve City Council Meeting Minutes for May 14, 2024. (City Secretary Carrie Land) SUMMARY: FINANCIAL IMPACT: BACKGROUND: STRATEGIC CONNECTIONS: ATTACHMENTS: 1. CCmin2024-05-14 Work Session 2. CCmin2024-05-14 City Council Work Session Meeting Minutes Tuesday, May 14, 2024 @ 5:30 PM Anna Municipal Complex - Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna met in a Closed Session on 5/14/2024 at 5:30 PM, in the Anna Municipal Complex - Council Chambers, located at 120 W. 7th Street, to consider the following items. 1. Call to Order, Roll Call, and Establishment of Quorum. Mayor Pike called the meeting to order at 5:31 PM. Members Present: Mayor Nate Pike Mayor Pro Tem Lee Miller Council Member Kevin Toten Council Member Elden Baker Council Member Pete Cain Members Absent: None 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). b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072). 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). d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). Boards and Commissions MOTION: Mayor Pike moved to enter closed session. Council Member Toten seconded. Motion carried 5-0. Mayor Pike recessed the meeting at 5:32 PM. Mayor Pike reconvened the meeting at 6:01 PM. 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. No action taken. 4. Adjourn. Mayor Pike adjourned the meeting at 6:01 PM. Approved on the 28th day of May __________________________ ATTEST: Mayor Pete Cain __________________________ City Secretary Carrie L. Land Regular City Council Meeting Meeting Minutes Tuesday, May 14, 2024 @ 6:00 PM Anna Municipal Complex - Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna met on 5/14/2024 at 6:00 PM in the Anna Municipal Complex-Council Chambers, located at 120 W. 7th Street, to consider the following items. 1. Call to Order, Roll Call, and Establishment of Quorum. Mayor Pike called the meeting to order at 6:01 PM. Members Present: Mayor Nate Pike Mayor Pro Tem Lee Miller Deputy Mayor Pro Tem Randy Atchley Council Member Kevin Toten Council Member Stan Carver Council Member Elden Baker Council Member Pete Cain Members Absent: None 2. Invocation and Pledge of Allegiance. Mayor Pike led the Invocation and Pledge of Allegiance. 3. Neighbor Comments. Robbie Sell spoke about the erosion that they are experiencing in Northpointe Crossing's north ravine. 4. Reports. 5. Consent Items. MOTION: Council Member Toten moved to approve items 5 a.-d. Council Member Cain seconded. Motion carried 7-0. a. Approve City Council Meeting Minutes for April 23, 2024. (City Secretary Carrie Land) b. Review minutes for the November 13, 2023, December 11, 2023, January 29, 2024, and February 29, 2024, Parks Advisory Board Meetings. (Director of Neighborhood Services Marc Marchand) c. Approve a Resolution authorizing the City Manager to execute purchase orders in an amount not to exceed $250,000 to Wopac Construction for full- depth asphalt street maintenance on Riggins Street, Amoret Circle, James Street, and 2nd Street. (CIP Manager Justin Clay) The City has completed multiple water and sanitary sewer infrastructure improvements in the downtown area, including within these road corridors. Now that the underground utility improvements are complete, it is the proper time to reconstruct the roadways in poor condition. The Downtown Master Plan identifies Amoret Circle, Second Street, and Riggins Street as part of the core district of the downtown area. The Public Works Street Department has identified these streets as needing repair. The City completes annual street maintenance projects for streets within the City which are in the worst condition, based upon an annual review of pavement condition and available funding. Funding for the Downtown Infrastructure Improvements project was appropriated in the FY2024 Community Investment Program budget in the amount of $5.33 million from the Infrastructure Investment Fund (Street Maintenance Sales Tax) and American Recovery Act funding. The estimated cost of this contract is $250,000. A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE PURCHASE ORDERS FOR THE REHABILITATION OF DOWNTOWN STREETS, INCLUDING: AMORET CIRCLE, WEST SECOND STREET FROM JAMES STREET TO AMORET CIRCLE, AND NORTH RIGGINS FROM FM 455 TO 4TH STREET TO WOPAC CONSTRUCTION, INCORPORATED IN THE AMOUNT NOT TO EXCEED TWO HUNDRED AND FIFTY THOUSAND DOLLARS AND ZERO CENTS ($250,000.00); AND PROVIDING FOR AN EFFECTIVE DATE. d. Approve a Resolution authorizing the City Manager to execute an agreement for professional services for the design of the Hurricane Creek Sanitary Sewer Trunk Line - Northern Extension project. (Assistant City Manager Greg Peters, P.E.) The City of Anna Wastewater Master Plan includes a large diameter trunk sewer main along Hurricane Creek to the northern City Limit. The City of Anna is seeking to begin design of the next phase of the extension of the trunk sewer main along Hurricane Creek. The continued high growth rate of the community is necessitating this project timeline to be accelerated in order to meet sanitary sewer demand. This trunk main will provide sewer access for properties located west of US 75 in the northern portion of the City. This project will provide gravity sewer for the Liberty Hills Development and other future adjacent developments in the area. In addition, the trunk main will provide a connection point for the City of Van Alstyne, which will be contracting with the City of Anna for wastewater treatment and transport. The partnership with Van Alstyne will allow the City of Anna to more economically serve the growing Anna community with wastewater treatment and transmission. The City will work with the design team to accelerate the project schedule so the project may move into the construction phase as soon as possible. The design is estimated to take 6 to 9 months, with construction funding to be allocated in the FY2024-2025 CIP. Funding for the Hurricane Creek Sewer Line North project (Design) was appropriated in the FY2024 Community Investment Program budget from the Wastewater Impact Fees Fund. The estimated cost of this contract is $670,500. A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROJECT SPECIFIC AGREEMENT WITH KIMLEYHORN FOR THE DESIGN OF THE HURRICANE CREEK TRUNK SEWER – NORTHERN EXTENSION, IN THE AMOUNT NOT TO EXCEED SIX HUNDRED SEVENTY THOUSAND FIVE HUNDRED DOLLARS ($670,500.00). 6. Items For Individual Consideration. a. Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to rezone 34.7± acres for a multifamily and commercial development generally located at the northwest corner of W. Foster Crossing Road and future S. Ferguson Parkway. (Planning Manager Lauren Mecke) At the March 4, 2024, Planning & Zoning Commission meeting, the recommendation of the zoning request was for denial with a vote of 6-0. In accordance with Article 9, Section 9.02(c) of the Home Rule Charter, a vote of three-fourths of the Council members present, or four votes, whichever is greater, is required to overrule a recommendation of the Commission that a proposed zoning amendment, supplement, or change be denied. The applicant requested to zone the subject property to the MF District on one lot for multi-family dwellings, SF-20.0 District on one lot for a dog park or other privately owned public amenity, & C-1 District for retail and restaurants. The applicant did not request variances from Article 9 Planning & Development of the City of Anna Code of Ordinances. The request has been partially modified after the Planning & Zoning Commission hearing by removing a portion of the original request which contained C-1 and Agricultural (AG) District zoning. The portion removed is now a separate agenda item - a pre-annexation development agreement. The pre-annexation development agreement is a companion item which was considered separately. Request to rezone 34.7± acres for a multifamily and commercial development from Planned Development (Ord. No. 2002-27A) to Multi- Family Residential (MF) District, Single-Family Residential (SF-20.0) District, & Local Commercial (C-1) District. The request for MF District is not in conformance with the Anna 2050 Future Land Use Plan while the request for C-1 District and SF-20 District zoning is in conformance with the Anna 2050 Future Land Use Plan. Mayor Pike opened the public hearing at 6:09 PM. Gretchen Stewart, Manny Singh, Heather Molsbee, Edward Culham, and Jim Luscombe all spoke in opposition to this item. Marita Schell, Becky Lindstrom Ross, Leslie Luscombe, and Sammy Stephenson all spoke in favor of this item. Mayor Pike closed the public hearing at 6:37 PM. MOTION: Council Member Carver moved to approve. Mayor Pro Tem Miller seconded. Motion carried 5-2. Motion failed due to needing a Super Majority Vote. Council Member Toten, and Deputy Mayor Pro Tem Atchley opposed. b. Consider/Discussion/Action on a Pre-Annexation Development Agreement on 1.1 +/- acres located at the northwest corner of W. Foster Crossing Boulevard and future Ferguson Parkway. (Planning Manager Lauren Mecke) This item is contingent upon the Jefferson Foster Crossing zoning case. If the Jefferson Foster Crossing zoning case is approved, this item is recommended for approval. If the Jefferson Foster Crossing zoning case is denied, it is recommended for the City Council to take no action on this item. The applicant requested to enter into a Pre-annexation agreement with the city in order to adopt development regulations and development standards for 1.1± acres generally located adjacent to future Ferguson Parkway on the north side of W. Foster Crossing Boulevard. This item is a companion to the previous zoning item. If approved, the 1.1 acre tract would be included in the Concept Plan for the Jefferson Foster Crossing development. MOTION: Mayor Pike moved to take no action. Mayor Pro Tem Miller seconded. Motion carried 7-0. c. Consider/Discuss/Action on a Resolution approving a Concept Plan for Jefferson Foster Crossing. (Planning Manger Lauren Mecke) This item is to consider approval of a Concept Plan for multi-family dwellings and a commercial development on 35.8± acres generally located at the northwest corner of W. Foster Crossing Road and future S. Ferguson Parkway. The Concept Plan is associated with the previous zoning case and pre- annexation development agreement. This item is contingent upon approval of the zoning case and the pre-annexation development agreement. The purpose for the Concept Plan is to show the conceptual layout and related site improvements and locations associated with the future multi-family & commercial development. The Concept Plan complies with the zoning district's area regulations as requested by the zoning case and pre-annexation development agreement. MOTION: Mayor Pro Tem Miller moved to take no action. Council Member Toten seconded. Motion carried 7-0. d. Consider/Discuss/Action on a resolution approving a Development Agreement with Liberty 800, LP, Liberty 75, LP, The Thornton Family Trust, Janis Real Estate, LLC, and Jay P. and Irene C. Janis. (Interim Director of Economic Development Bernie Parker) Over the past few months, staff has been working with Old Prosper Partners and our financial consultants and legal counsel to develop a Development Agreement. Four hundred acres of the land owned by Old Prosper Partners (OPP) is within the ETJ. Below are some highlights: • Creation of a Public Improvement District and Tax Increment Reinvestment Zone; • Creation of a Commercial Corridor along Interstate 75 • Higher Residential Construction Standards • Addition of Major Infrastructure on the West Side of 75 • City will collect PID fees as per the City's PID policy at the amount of $6.4 Million; • City will dedicate 50% of the TIRZ tax increment reinvestment zone for this development; • Agreement confirms limitation of lot sales to institutional investors; and • Offers a pathway for the annexation of properties within Anna's Extraterritorial Jurisdiction (ETJ) that are part of this development upon meeting all requirements stipulated in this agreement. MOTION: Mayor Pro Tem Miller moved to take no action. Deputy Mayor Pro Tem Atchley seconded. MOTION: Mayor Pro Tem Miller amended his previous motion and moved to table until the next council meeting. Deputy Mayor Pro Tem Atchley seconded. Motion carried 3-4. Council Member Toten, Council Member Baker, Council Member Cain, and Mayor Pike opposed. Motion failed. MOTION: Mayor Pike moved to approve. Council Member Baker seconded. Motion carried 5-2. Mayor Pro Tem Miller, and Deputy Mayor Pro Tem Atchley opposed. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE LIBERTY HILLS DEVELOPMENT AGREEMENT WITH LIBERTY 800, LP, LIBERTY 75, LP, THE THORNTON FAMILY TRUST, JANIS REAL ESTATE, LLC, AND JAY P. AND IRENE C. JANIS, RELATING TO DEVELOPMENT OF PROPERTY FOR A MIXED USE DEVELOPMENT e. Consider/Discuss/Action on a resolution approving a Development Agreement with Rockhill Contracts I, LLC. (Interim Director of Economic Development Bernie Parker) Over the past few months, staff worked with ROCKHILL CONTRACTS I, LLC and our financial consultants and legal counsel to develop a Development Agreement for an 83 Acre Residential Development off of HWY 5. Below are some highlights: • Part of Commercial and Multifamily Development along HWY 5. • Higher Residential Construction Standards. • CR 371 and West Crossing Blvd Roadway Improvements. • Creation of a Public Improvement District • City will collect PID fees as per the City's PID policy at the amount of $1.1 Million; • Agreement confirms limitation of lot sales to institutional investors. MOTION: Deputy Mayor Pro Tem Atchley moved to approve. Council Member Carver seconded. Motion carried 7-0. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE COX TRACT DEVELOPMENT AGREEMENT WITH ROCKHILL CONTRACTS I, LLC, RELATING TO DEVELOPMENT OF PROPERTY FOR A MIXED USE DEVELOPMENT f. Consider/Discuss/Action on Canvass of General and Special May 4, 2024 elections. (City Secretary Carrie Land) A general and special election was held on May 4, 2024. A canvass is a mandatory, ministerial duty. City Council shall convene to conduct the local canvass not later than the 11th day after Election. Section 67.004 of the Election Code provides that the presiding officer of the canvassing authority shall note the completion of the canvass in the minutes or in the recording required by Section 551.021 of the Government Code: Mayor - Three Year Term Pete Cain 913 58.05% Randy Atchley 660 41.96% City Council, Place 1 - Three Year Term Bryan Heath 597 40.23% Kevin Toten 887 59.77% City Council, Place 2 - One Year Term Jody Bills 780 53.68% LaMarr Dillingham 133 9.15% Todd Engels 540 37.16% City Council Place 4 - One Year Term Tom Longmire 345 23.28% Kelly Herndon 657 44.33% Bruce Norwood 480 32.39% MOTION: Mayor Pike moved to approve. Council Member Toten seconded. Motion carried 7-0. AN ORDINANCE OF THE CITY OF ANNA, TEXAS CANVASSING THE RETURNS OF A GENERAL ELECTION OF A MAYOR AND ONE CITY COUNCIL PLACE FOR THREE-YEAR TERMS EXPIRING MAY 2027 AND A SPECIAL ELECTION OF TWO CITY COUNCIL PLACES FOR UNEXPIRED ONE-YEAR TERMS EXPIRING MAY 2025. g. Consider/Discuss/Action on an Ordinance Ordering a Run-off Election for June 15, 2024. (City Secertary Carrie Land) Under Texas law, if a candidate does not receive enough votes to be elected in an election requiring a majority vote, a runoff election is required for the candidates who receive the highest and second-highest number of votes. In accordance with Article 5, Section 5.04(a) of the Charter of the City of Anna, Texas, a runoff election is required if no candidate for a City elective office receives a majority of the votes cast. There will be a run-off election for Place 4. Voters will elect either Kelly Herndon or Bruce Norwood on June 15. The run-off election only includes the candidates who received the top two vote totals. One other candidate also ran but will not appear on the ballot in the run-off election. The City of Anna City Council is required to order such a runoff election not later than the fifth day after the final canvass of the main election is completed. Saturday, June 15, 2024, from 7 a.m. to 7 p.m. Anna voters will elect a City Council member for Place 4. Important Dates Last day to register to vote: May 16 Early Voting: Monday, June 3 through Tuesday, June 11 (schedule) Last day to accept applications for ballot by mail: Tuesday, June 4 Election Day: Saturday, June 15 from 7 a.m. to 7 p.m. MOTION: Council Member Carver moved to approve. Mayor Pro Tem Miller seconded. Motion carried 7-0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, ORDERING A RUNOFF ELECTION TO BE HELD ON JUNE 15, 2024, FOR THE PURPOSE OF ELECTING ONE CITY COUNCIL MEMBER; DESIGNATING POLLING PLACES; ORDERING NOTICES OF ELECTION TO BE GIVEN; AUTHORIZING EXECUTION OF ELECTION CONTRACTS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. h. Consider/Discuss/Action on appointments to the 2024 Boards and Commissions Interview Committee. (City Secretary Carrie Land) The Interview Committee consists of three Council Members to review Boards and Commissions appointments. They are to review applications, conduct interviews and bring appointment recommendations to the City Council. Members also recommend appointments throughout the year to fill vacancies. The following board members terms expire in May 2024: Choya Morrison Board of Adjustment Jody L Bills Board of Adjustment VACANCY Michelle Y Clemens Planning and Zoning Commission VACANCY Douglas J Hermann Planning and Zoning Commission David Nylec Planning and Zoning Commission Dallen Morgan Diversity and Inclusion Advisory Commission VACANCY Elijah Nelms Diversity and Inclusion Advisory Commission Yoshanda Sims Diversity and Inclusion Advisory Commission Ronald Kerr Economic Development Corporation: Community Development Corporation Boards Rocio Gonzalez Economic Development Corporation: Community Development Corporation Boards Bruce Norwood Economic Development Corporation: Community Development Corporation Boards Eirik A Hansen Parks Advisory Board VACANCY Jeff Reece Parks Advisory Board Andrew Michrina Parks Advisory Board The City Secretary's Office received 34 applications for various boards and commissions. MOTION: Council Member Toten moved to appoint himself, Council Member Cain, and Council Member Baker. Council Member Baker seconded. Motion carried 4-3. Council Member Carver, Mayor Pro Tem Miller, and Deputy Mayor Pro Tem Atchley opposed. 7. 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). b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072). 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). d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). Boards and Commissions No closed session. 8. 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. No action taken. 9. Adjourn. Mayor Pike adjourned the meeting at 7:58 PM. Approved on the 28th day of May 2024 ______________________________ ATTEST: Mayor Pete Cain ______________________________ City Secretary Carrie L. Land Item No. 6.b. City Council Agenda Staff Report Meeting Date: 5/28/2024 Staff Contact: Bernie Parker AGENDA ITEM: Review Minutes of the April 4, 2024, Joint Community Development Corporation and Economic Development Corporation Board Meetings. (Director of Economic Development Bernie Parker) SUMMARY: Item before the City Council is to review the minutes from CDC/EDC Board Meeting. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The CDC/EDC Board met on April 4, 2024. STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: 1. April 4_2024 CDC EDC Joint Meeting Minutes (Signed) Item No. 6.c. City Council Agenda Staff Report Meeting Date: 5/28/2024 Staff Contact: Terri Doby AGENDA ITEM: Review Monthly Financial Report for the Month Ending April 30, 2024. (Budget Manager Terri Doby) SUMMARY: The City of Anna's financial policies require the publication of a financial report monthly. This report covers the financial performance for Fiscal Year 2024 through April 30, 2024. Enclosed in the report is an executive dashboard that provides a high level look at major funds along with detailed reporting of sales tax collections. The financial condition of the City remains strong and the reported funds adhere to fund balance requirements. FINANCIAL IMPACT: Information only. BACKGROUND: The FY2024 Budget was adopted on September 12, 2023. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. FY2024 City Council Monthly Financial Report April Positive Positive variance compared to historical trends Warning Negative variance of 3%-5% compared to historical trends Negative Negative variance of >5% compared to historical trends FY2024 FY2024 % Budget YTD REVENUES General Fund Property Taxes 11,191,000$ 11,041,336$ 99%Property taxes are due in Jan. Sales Tax 4,293,000 2,519,638 59%Reflects six month of remittances Franchise and Local Taxes 825,000 215,613 26%Franchise fees are collected quarterly. Charges for Services 730,000 745,701 102%Rental registrations are collected once per year. Fines 300,000 264,813 88% Permits, Licenses and Fees 4,330,000 3,550,169 82% Investment Income 500,000 412,549 83% Other Revenues 37,000 74,597 202% Revenue Total 22,206,000$ 18,824,416$ 85%With 58% of the year expired, revenues recorded in the General Ledger are at 85% of budget. EXPENDITURES General Fund Expense Total 22,205,696$ 13,022,021$ 59%With 58% of the year expired, expenses are 59% of budget. . Utility Fund REVENUES Water Sales 10,846,000$ 5,595,313$ 52%Water sales are traditionally lower in winter and always dependent on weather. A rainy spring has lower sales. Wastewater Charges 7,718,000 4,287,678 56% Sanitation Revenue 2,300,000 2,008,421 87%Reflects higher than projected number of accounts. Other Charges for Services 628,570 535,750 85% Permits, Licenses and Fees 1,522,000 482,591 32% Investment Income 302,000 395,484 131% Other Revenues 600 23,846 3974% Utility Fund Total 23,317,170$ 13,329,083$ 57%With 58% of the year expired, revenues recorded in the General Ledger are at 57% of budget. EXPENDITURES Utility Fund Expense Total 21,547,935$ 13,750,328$ 64% With 58% of the year expired, expenses are 64% of budget; included are several one-time expenses including debt service payments. CITY OF ANNA GENERAL & UTILITY FUNDS DASHBOARD Through April 30, 2024 Favorable / Unfavorable % Change 2023-24 Collections from 2022-23 Collections Monthly Prior Year Monthly October 655,358$ 25.5% 522,386$ November 695,026 28.0% 542,873 December 768,837 23.5% 622,388 January 566,981 24.8% 454,358 February 621,381 34.2% 463,016 March 723,838 19.5% 605,483 April 551,653 May 591,858 June 634,824 July 600,214 August 656,241 September 707,590 4,031,421$ 6,952,884$ Budget: 6,753,000 59.7% 6,753,100 CITY OF ANNA Schedule of Sales Tax Collections For the month March 31, 2024 $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 Monthly Sales Tax Collections: 3 Year Comparison FY2021-22 FY2022-23 FY2023-24 Fiscal Year 2023-24 Fiscal Year 2022-23 Monthly Monthly October 56 1 November 44 39 December 57 17 January 150 16 February 170 32 March 172 129 April 174 124 May 72 June 82 July 179 August 119 September 44 823 854 % Budget FY2024 Budget: 800 102.9% CITY OF ANNA Building Permits Issued Thru the month April 30, 2024 0 20 40 60 80 100 120 140 160 180 200 Monthly Building Permits Received: 2 Year Comparison FY2022-23 FY2021-22 Item No. 6.d. City Council Agenda Staff Report Meeting Date: 5/28/2024 Staff Contact: Aimee Ferguson AGENDA ITEM: Approve the Quarterly Investment Report for the Period Ending March 31, 2024. (Finance Director Aimee Rae Ferguson) SUMMARY: In accordance with the Public Funds Investment Act (PFIA), the City of Anna is required to submit a quarterly report on the investments of public funds held by the City. The report includes: • Summary of Investments by category • Economic overview with charts showing historical data • Total of investment holdings including portfolio composition and maturity range • Book and market comparison The fiscal year-to-date average yield for the total portfolio equaled to 5.54%. Total cash and investments decreased $2.19 million for the quarter. This decrease is predominately due to the draw-down of bond funds to pay for related Wastewater Treatment Plant project expenses. FINANCIAL IMPACT: Interest income for the quarter ending March 31, 2023 equaled to $2.6 million. Overall, interest income for the fiscal year to date is $5.19 million. BACKGROUND: The City of Anna invests funds in several types of instruments including Checking and Money Market accounts, Certificates of Deposit, and Government Pool funds. Investment funds are currently held in the following institutions: Independent Financial, Simmons Bank, East West Bank, Texas CLASS, and TexPool. The city is currently working with Valley View Consulting, LLC to maximize current interest rates while maintaining a high degree of safety and sufficient liquidity to fund ongoing operations. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. 2nd Quarter - 03.31.2024 Item No. 6.e. City Council Agenda Staff Report Meeting Date: 5/28/2024 Staff Contact: AGENDA ITEM: Approve and Ratify agreement regarding local legal counsel services in SB 2038 litigation. (City Attorney Clark McCoy) SUMMARY: FINANCIAL IMPACT: BACKGROUND: STRATEGIC CONNECTIONS: ATTACHMENTS: 1. Engagement Ltr - Bojorquez Law Firm D20240520 11675 Jollyville Road Suite 300 Austin. Texas 78759 BOJORQUEZ Mr. David Overcash Legal Counsel for the City of Anna 120 W. 7th St., Anna, TX 75409 Dav id .ove rcas h@ wtml aw.net SUBJECT: Engagement Letter To Mr. Overcash: LAWFIRM, PC May 20 , 2024 Phone: (512) 250-0411 Fax: (512) 250-0749 TexasMunicipalLawyers.com On behalf of the members of our firm , I thank you for engaging our legal services. We appreciate your confidence in our abilities . This Engagement Letter and the accompanying Hourly Rates and Standard Terms of Engagement provide the basis for our Attorney-Client relationship. • Client: We will be representing the City of Anna, Texas ("Client"). • Nature of Representation: We will be serving in the role of Local Counsel advising and advocating on behalf of the Client, generally , but in particular regarding matter D-1- GN-23-007785 pertaining to Texas Senate Bill 2038 , codified as Texas Local Government Code §42.105 , dealing with petitions for release of Extraterritorial Jurisdiction (ETJ). We are truly honored that you are willing to make our Firm part of your team. Si erel , itV Managing Attorney If this arrangement is acceptable , please sign and return a copy of this letter to the Firm at your earliest convenience by emailing it to: Kri s ta @ texas muni c ip a ll awve rs.co m CLIENT: ', CQ ~~L/i-/pt,~t.-:.~~~· Ck avid Overcash Attorney at Law Representing the City of Anna HOURLY BILLING RATES The following hourly rates shall apply to this engagement. Special Counsel • Managing Partner (Alan Bojorquez) • Partner (Dottie Palumbo) • Of Counsel Attorney • Senior Associate Attorney • Associate Attorney • Junior Associate Attorney • Law Clerk • Legal Assistant • Litigator (Trial Lawyer / Appellate Attorney) Bojorquez Law Finn, PC City of Anna Standard Terms of Engagement $385 .00 per hour $350.00 per hour $325 .00 per hour $263.00 per hour $236.00 per hour $200.00 per hour $113.00 per hour $113.00 per hour $285.00 -$350.00 per hour May 16 , 2024 Page 2 of8 STANDARD TERMS OF ENGAGEMENT This document establishes the standard terms of our engagement as your attorneys. Unless modified in writing by mutual consent, these terms will be an integral part of our agreement. Therefore, we ask that you carefully review this statement and contact us promptly if you have any questions. We suggest that you retain this document in your file. 1. Our Relationship A. Scope of Work As the client, it is imperative that you have a clear understanding of the services the Firm will provide. Any questions that you have should be dealt with promptly. We will provide services related only to matters as to which we have been specifically engaged. We only work on projects requested by the Client or approved by the Client (i.e., we do not generate our own work on our own initiative without the Client 's consent). The Firm will at all times act on your behalf to the best of our ability. Any expressions on our part concerning the outcome of the Client's municipal matters are expressions of our best professional judgment but are not guarantees. Such opinions are necessarily limited by our knowledge of the facts and are based on the state of the law at the time they are expressed. We cannot guarantee the success of any given matter, but we will strive to represent your interests professionally and efficiently. B. Client Responsibilities You agree to cooperate fully with the Firm and to provide us promptly with all information known or available to you relevant to our representation . The Client agrees to pay our invoices in accordance with these STANDARD TERMS OF ENGAGEMENT. C. Responsibilities of the Bojorquez Law Firm The Firm is committed to meeting the Client's legal needs. In doing so , the Firm will: act competently and in a timely manner; protect the Client's privileged information and ensure appropriate confidentiality ; promote the Client 's interests ; discuss the Client 's objectives and how they should best be achieved; and provide information about the work to be done , who will do it , when the work is expected to be completed, and the way the services will be provided. D. Attorney Assignments The Managing Attorney for the Firm retains full discretion for all staffing decisions; thus , the Managing Attorney will assign the appropriate lawyer for each client and client project depending on a variety of factors , including specialized area of the law, familiarity with the issue , past experience with the parties , relationship with the client, location , and availability . Client will have an opportunity to express a preference or request a particular attorney. Bojorquez Law Firm , PC C ity of Anna Standard Terms of Engagement May 16, 2024 Page 3 of 8 E. Ethical Conflict oflnterest Disclosure The representation of more than one (I) municipal entity may present special ethical considerations under the Texas Rule s of Disciplinary Conduct. The Firm may undertake representation of multiple municipal entities if the Client agrees in writing after consultation about the risks of joint representation. The Client may also consult with legal counsel other than the Firm regarding this representation. A potential conflict could arise with respect to the subject matter of this representation. Based on the information now available at this time , the Firm is not aware of any actual conflicts among Client and any other municipal entity. If the Client becomes aware of anything that may suggest an actual conflict of interest, please bring it to the Firm's attention immediately. Conversely , the Firm will notify the Client if the Firm becomes aware of anything that may suggest an actual conflict of interest. If circumstances arise during the course of this matter that require or make it desirable that any of the clients obtain separate representation in this matter, the Firm would be free to continue to represent the remaining members of the client group in this matter. By signing these Standard Terms of Engagement and accepting our joint representation , the Client agrees that, if it becomes necessary or desirable for the Client to retain other counsel, the Client will not seek to disqualify the Firm from continuing to represent the remaining members of the client group. 2. Fees, Billing & Administrative A. Fees for Legal Services The charges for professional services provided by the Firm will typically be based upon the following: (1) the time devoted to the matter ; (2) the novelty and difficulty of the questions presented ; (3) the requisite experience, reputation , and skill requested to deal with those questions ; (4) time limitations imposed by the circumstances; (5) and the quality of the results obtained. Fees and costs for particular matters are unpredictable and we have made no commitment concerning maximum fees or costs. Unless otherwise indicated in writing , our fees for legal services are determined on the basis of the hourly rates of the respective attorney that will perform the services. These rates may vary depending on the expertise and experience of the individual. We adjust these rates from time to time, with the Client's consent, increasing them as the individuals gain experience and expertise and to reflect current economic conditions. We will notify you in writing if this fee structure is modified and provide you with an opportunity to consent or request modification of rates. B. Rate Adjustment Billing rates are subject to increase a maximum of ten percent (10%) annually. No rate increase will be effective without first obtaining consent from the designated primary client representative. The Client will be notified in writing when a rate adjustment will occur at least 60 days in advance. Bojorquez Law Firm , PC City of Anna Standard Terms of Engagement May 16 , 2024 Page 4 of 8 C. Billing Increments The minimum increment in which all billings are invoiced is one-tenth(. I 0) hours (i.e., in six-minute increments). D. Other Charges & Handling Fees All out-of-pocket expenses (such as copying charges , travel expenses , courier expenses , etc.) incurred by the Firm in connection with representing you will be billed to you as a separate item on your monthly statement. A five percent (5%) handling fee will be assessed on all out-of-pocket expenses incurred on behalf of the Client (e.g., for additional services sought by the Client that are requested through the Firm , such as consulting and engineering fees , appraisal costs, surveys , forensic accountants, investigators as approved by the Client). E. Billing Procedures & Terms of Payment Our billing period begins on the 27th of the month and ends on the 26 th day of the following month. We will render monthly statements to you for legal services and expenses. W e usually mail these statements toward the beginning of the month , following the late st date covered in the statement. Each statement is payable within thirty (30) days of its stated date and must be paid in U.S. Dollars. If any statement is not paid within thirty (30) days after its stated date , interest at the rate of six percent (6%) per month and eighteen percent (18%) per annum will accrue on the balance due . However, if at any time eighteen percent (18%) per annum exceeds the highest interest rate pennitted by applicable law , then the interest rate that will be applied to any overdue amounts will be reduced to the maximum rate permitted under applicable law. If you have any questions or concerns about any statement that we submit to you for payment, please contact us at your earliest convenience so that we can resolve any problems without delay. If unresolved , overdue invoices may result in discontinuation of representation of the Client . Typicall y, such issues can be resolved to the satisfaction of both side s with little inconvenience or formality . F. Fee Estimates We are often requested to estim a te the amount of fees and costs I ikely to be incurred in connection with a particular matter. Your primary attorney will do their best to estimate fees and expenses for particular matters when asked to do so. However, an estimate is just that, and the fees and expenses required are ultimately a function of many conditions over which we have little or no control. Unless otherwise agreed in writing with respect to a specific matte r, all estimates mad e by us shall be subject to your agreement and understanding that such estimates do not constitute maximum or fixed fee quotations and that th e ultimate co st is frequently more or less than the amount estimated. G. Retainers No retainer is required at this time. However, the Firm may require a retainer at some future date a s a condition of continued representation. Bojorquez Law Firm , PC C ity of Anna Standard Terms of En gagement May 16 , 20 24 Page 5 of8 H. Retention of Documents Although we will attempt to retain for a reasonable time copies of most documents generated by this Firm, we cannot be held responsible in any way for failure to do so, and we hereby expressly disclaim any such responsibility or liability. You must ultimately retain all originals and copies you desire among your own files for future reference. After our representation expires or terminates, we will provide you or a successor attorney whom you designate in writing within a reasonable time with copies of any or all client paper and electronic files still in our possession that you may request in writing, at your sole expense for locating, reviewing, copying, and delivering the requested materials. I. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, United States of America. Venue of any case or controversy arising under or pursuant to this Agreement shall be in Collin County , Texas, United States of America. 3. Termination of Services You have the right to terminate our services at any time upon providing written notice to us . Upon receipt of written notice from you, we will immediately cease to render additional serv ices to the extent we can do so without jeopardizing your legal interests or our ethical obligations. However, we request the courtesy of written notice at least thirty days in advance. We reserve the right to discontinue work on pending matters or terminate our attorney-client relationship with you at any time that payment of your account becomes delinquent. We also reserve the right to withdraw when obligated by the Texas Rules of Disciplinary Co nduct. As a matter of standard procedure, if the Firm intend s to withdraw from repre se ntation of the Client the Firm will provide written notice at least thirty days in advance. However, if the Client fails to follow our advice and counsel, or otherwise fails to cooperate reasonably with us , we reserve the right, after providing reasonabie notice, to withdraw from representing yo u upon short notice, regardless of the then status of your matter . No termination shall relieve you of the obligation to pay fees and expenses incurred prior to such termination. Unless otherwise agreed in writing, representation will cease upon your payment in full of all fees due , and my Firm 's conveyance of your files to the destination you designate. The Firm's files (work product) will be retained at the Firm. 4. IRS & TWC Status A. Independent Contractor (IC) For purpo ses of federal income tax or soc ial security withholdings, the Firm is an IC respon s ible for pay ment of its own taxes and not an employee of the Client. The Firm, and not the Client, is obligated to arrange for the required federal withholdings of the Firm's employees. Below is a summary of the IC versus employee requirements and a good general overview of how our services will be provided. Bojorquez Law Firm, PC City of Anna Standard Terms of Engagement May 16 , 2024 Pa ge 6 of8 B. Internal Revenue Service The IRS assesses three (3) factors of the employer/individual relationship: behavioral control, financial control, and relationship of the worker and firm to determine who is an employee and who is an Independent Contractor. (See IRS Form SS-8). Again, depending on the ty pe of business and the services performed , not all sections of the form may apply, and the weight assigned to a specific factor may vary depending on the facts. C. Texas Workforce Commission The TWC has adapted the old lRS twenty-factoi test, known as the "direction or control" test to determine who is an employee and who is an IC (see TWC Form C-8). Depending on the type of bu s iness and the services performed, not all of the twenty common law factors may apply, and the weight assigned to a specific factor may vary depending upon the facts. Below are considerations for the TWC's twenty-factor test, which also generally address issues of behavioral control , financial control , and relationship of the worker and firm. (1) Financial Control In general , an employee is usually paid for their time, whereas an independent contractor is usually paid by the job. An employee usually does not negotiate their pay , whereas an independent contractor usually negotiates their pay to ensure a profit. An employee is not expected to invest in the business they work for so the employer takes care of tax matters and expenses, whereas an independent contract is investing in their independent business so the IC takes care of all expenses and taxes. (2) Relationship of Worker & Business Entity In general , an employee does not usually advertise their services , whereas an JC doe s. An employee carries business cards that reflect the employer's name , whereas an IC carries busine ss cards that reflect the TC 's business name. An employee is primarily reached at the employer 's phone number, whereas an IC is primarily reached at their business ph o ne number. (3) Behavioral Control In general , an employer contracting for IC services is normally interested in the end result, not in the details of how the work is done. The employer should have no interest in how the IC allocates hi s or her time , or who the IC hires to assist (other than requiring proper licensure). 5. Questions If during the course of our representation you have any questions about any aspect of our arrangements, please feel entirely free to raise those questions. The Firm wants all of our clients to have a clear and satisfactory understanding about every aspect of our billing and payment policies. Accordingly, we encourage an open and frank discussion of any or all of Bojorquez Law Firm , PC C ity of Anna Standard Terms of Engagement May 16 , 2024 Page 7 of8 the matters mentioned in this document. 6. Boycotts & Dealings with Foreign Organizations The Firm will comply with Section 2252.908 of the Texas Government Code and file the Disclosure of Interested Parties . The Firm verifies that the Firm does not boycott Israel and will not boycott Israel during the term of this agreement. The Firm does not have a practice, policy or guidance or directive that discriminates against a firearm entity for firearm trade association and will not during the term of this engagement. Further, the Firm is not a company that is engaged in business with Iran , Sudan , or a Foreign Terrorist Organization. Bojorquez Law Firm , PC City of Anna Standard Terms of Engagement May 16 , 2024 Page8of8 Item No. 6.f. City Council Agenda Staff Report Meeting Date: 5/28/2024 Staff Contact: Phillip Foxall AGENDA ITEM: Approve a Resolution authorizing the City Manager to execute an agreement with Axon Enterprise Inc. for in-car camera and body-worn camera systems in an amount not to exceed $950,000. (Assistant Police Chief Phillip Foxall) SUMMARY: This Resolution would allow the City Manager to execute an agreement with Axon Enterprise to purchase body-worn camera and in-car camera systems for the police department. This purchase would pay in full a five-year agreement to provide hardware, software, cloud-based storage, warranties and updates. FINANCIAL IMPACT: Funding for this contract will come from General Fund balance in excess of the 40% fund balance policy as of September 30, 2023 in the amount of $950,000. BACKGROUND: Currently, the Anna Police Department utilizes Motorola in-car and Body-Worn Cameras to record interactions with the public. The hardware is aging and failing, often while officers are engaged in interactions with the public. This aging and increasingly unreliable hardware needs to be replaced. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Safe. ATTACHMENTS: 1. Master Service Agreement and Quotes Anna PD 2. Sole Manufacturer Federal EN_US 3. Council Resolution for Axon Enterprise Inc. Item No. 6.g. City Council Agenda Staff Report Meeting Date: 5/28/2024 Staff Contact: Wes Lawson AGENDA ITEM: Approve a Resolution to abandon a temporary turnaround easement on Lakeshore Drive in The Villages of Hurricane Creek Phase 1. (City Engineer Wes Lawson, P.E.) SUMMARY: The easement identified in the attached Resolution was originally granted to the City of Anna by CDBG Hurricane Creek as a temporary turnaround easement for Lakeshore Drive in The Villages of Hurricane Creek Phase 1. Since Phase 1B has now been constructed, Lakeshore Drive has been extended and is no longer a dead end street. As such, the turnaround is no longer needed. Staff recommends approval of the Resolution as presented. FINANCIAL IMPACT: None BACKGROUND: In a multi-phase development, it is common for temporary access, turnaround, and drainage easements to be required in early phases. Once additional phases are constructed, the extension of infrastructure renders the temporary easement no longer necessary. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Resolution - Lakeshore Drive in The Villages of Hurricane Creek Phase 1 Easement Abandonment CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE EASEMENT ABANDONMENT DOCUMENTS FOR THE ABANDONMENT OF THE TURNAROUND EASEMENT FOR LAKESHORE DRIVE IN VILLAGES OF HURRICANE CREEK PHASE 1. EXHIBIT “A” ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the developer of Lakeshore Drive in The Villages of Hurricane Creek Phase 1, dedicated a turnaround easement to the City of Anna for temporary purposes as other phases of the project were developed; and, WHEREAS, the Developer has now constructed the necessary infrastructure in Phase 1B of Lakeshore Drive and the turnaround easement to be abandoned; and, WHEREAS, the City has determined that the existing turnaround easements is no longer required to provide public access; and, WHEREAS, upon execution of the easement abandonment documents the Developer shall file the documents in Collin County for record in the Public Records; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1.Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2.Authorization of Payment and Funding. That the City Manager is hereby authorized to execute the easement abandonment documents as shown in Exhibit “A” attached. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___ day of May 2024. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie Land Mayor, Pete Cain Exhibit “A” Item No. 7.a. City Council Agenda Staff Report Meeting Date: 5/28/2024 Staff Contact: Lauren Mecke AGENDA ITEM: Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to rezone 1.35± acres located at the northeast corner of east Fourth Street and north Sherley Avenue. (Planning Manager Lauren Mecke) SUMMARY: Request to rezone 1.4± acres located on the northeast corner of E. Fourth Street and north Sherley Avenue, from Single-Family Residential (SF-1) to Downtown – Core (DT/CE) District to allow for future development. REMARKS: The applicant is requesting to rezone the property to Regional Commercial (C-2) District and Downtown (DT) District zoning to allow for future development. The intent of the Downtown (DT) District is to: 1. Implement the Anna 2050 Downtown Master Plan adopted by City Council; 2. Facilitate pedestrian-oriented, mixed-use, urban infill development providing shopping, employment, housing, and business and personal services; 3. Promote an efficient, compact, and walkable development pattern; 4. Encourage pedestrian activity while reducing reliance on automobiles; and 5. Allow developers flexibility in land use and site design. Surrounding Land Use and Zoning North Single-family detached dwellings under construction zoned SF-1 East Single-family detached dwelling zoned SF-1 South Across Fourth Street, Park zoned Planned Development (Ord. No. 1023-2022) West Across Sherley Avenue, DART railroad & Riggins Avenue, Office and Telephone Exchange on two lots, zoned Local Commercial (C-1) Future Land Use Plan The subject property is located within the Anna 2050 Downtown Master Plan, situated within the Downtown Core District, and identified as a Retail Center and Adaptive Reuse / Infill character areas. • Retail Center areas - Future land use decisions should complement the Retail Center and reinforce the multimodal atmosphere that accommodates a wide array of Downtown activity. • Adaptive Reuse/Infill – The Adaptive Reuse/Infill areas are made up of smaller lots situated along corridors or in districts that are expected to increase in activity over time. As these areas become more attractive for new investment, they can be adapted to establish new uses (i.e. home conversion to a small business) or be redeveloped with new building types altogether. While there may be some new development on these sites, they are not expected to be aggregated with other sites for redevelopment purposes. Future Land Use decisions should accommodate the existing neighborhood fabric, while encouraging a transition to a more active environment and a more diverse building stock. SUMMARY: The applicant is proposing to rezone the property to the Downtown – Core (DT/CE) District to allow for future development which is in line with the Anna 2050 Downtown Master Plan for the Downtown Neighborhood District. The request is in conformance with the Anna 2050 Future Land Use Plan. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: At the May 6, 2024, Planning & Zoning Commission meeting, the recommendation of the zoning request was for approval by a vote of 6-0. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Anna Original Donation, Block 12, Lots 1-16 Zoning Locator Map 2. Ordinance (Anna Original Donation - Sherley Bros Bldg) 3. Exhibit 1 (Legal Description) 4. Exhibit 2 (PSP) Anna OD BLK 12, Lots 1-16 5. PZ - STAFF REPORT (Zoning) Original Donation Sherley Building W FIFTH ST W SECOND ST E THIRD ST E SECOND ST N POWELL PKWYWORTHAM STNSHERLEYAVES EASTON DRN RIGGINS STN INTERURBAN STW FOURTH ST NEASTONDRW THIRD ST S SHERLEY AVES INTERURBAN STSRIGGINSSTS POWELL PKWYE FOURTH ST E FIFTH ST Copyright nearmap 2015 Subject Property 200' Notice Boundary City Limits ETJ ¯ 0 200 400100 Feet April 2024 H:\Notification Maps\Notification Maps\ Zoning - Anna Original Donation, Block 12, Lots 1-16 1 CITY OF ANNA, TEXAS (Property rezoned under this ordinance is located at the northeast corner of E. Fourth Street and north Sherley Avenue) ORDINANCE NO. ________________ 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. WHEREAS, the City of Anna, Texas (“City”) has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a requested zoning change on Property described in Exhibit 1 (Legal Description) and depicted in Exhibit 2 (Preliminary Site Plan) (“Property”) attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property located at the northeast corner of E. Fourth Street and north Sherley Avenue being rezoned from Single-Family Residential (SF-1) District to Downtown - Core (DT/CE) District zoning; and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna (“City Council”) have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1.Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2.Zoning Change The Anna City Code of Ordinances are hereby amended by changing the zoning of the Property described in Exhibit 1 and depicted in Exhibit 2 from Single-Family Residential (SF-1) District to Downtown - Core (DT/CE) District zoning. 2 Section 3.Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4.Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Section 5.Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6.Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this 28th day of May, 2024. ATTESTED: APPROVED: ________________________________ _________________________ Carrie L. Land, City Secretary Pete Cain, Mayor 118 N Sherley Ave EXHIBIT “A” SITUATED in Collin County, Texas, and being a parcel or lot of land in the Town of Anna, Texas, and being in the original Town of Anna, Texas, according to a map of H. Helland and recorded in Vol. 21, Page 266 of the Deed Records of Collin County, Texas, the following described premises, to-wit: Lots Nos. One through Sixteen (1-16), inclusive, in Block Twelve (12) of the Town of Anna, Texas. TTBISHOP ARTS DALLAS MKEG LLCINST. NO. 201800074929PHASE 2 PERMEABLEPAVEMENTWWOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE ORIGINAL TOWN OF ANNABLOCK 12, LOT 1 thru LOT 16MACATEE ENGINEERING, LLC (TEX. REG. NO. F-456)4144 N. CENTRAL EXPWY. SUITE 340DALLAS, TEXAS 75204TEL: 214-373-1180EMAIL: daytonm@macatee-engineering.comMARQUIN MILLER HUNN507 S.UTAH STREETCELINA, TX 75009TEl: 903-327-2631EMAIL:marquinj2020@gmail.comFIRM NO. 10069500P.O. BOX 126ANNA, TX 75409TEL: 972-924-8200EMAIL: david@surdukansurveying.comL E G E N DL E G E N D BIOSWALE SECTION A-AN.T.S.EXHIBIT A2APPROVEDMAY 6, 2024P&Z COMMISSIONCITY OF ANNA APPROVED MAY 28, 2024CITY COUNCIL CITY OF ANNA CITY OF ANNA Planning & Zoning Commission March 4, 2024 Public Hearing: Zoning – Original Donation, Block 12, Lots 1-16 (Sherley Building) Applicant: Marquin Miller Hunn DESCRIPTION: Request to rezone 1.4± acres located on the northeast corner of E. Fourth Street and north Sherley Avenue, from Single-Family Residential (SF-1) to Downtown – Core (DT/CE) District to allow for future development. REMARKS: The applicant is requesting to rezone the property to Regional Commercial (C-2) District and Downtown (DT) District zoning to allow for future development. The intent of the Downtown (DT) District is to: 1. Implement the Anna 2050 Downtown Master Plan adopted by City Council; 2. Facilitate pedestrian-oriented, mixed-use, urban infill development providing shopping, employment, housing, and business and personal services; 3. Promote an efficient, compact, and walkable development pattern; 4. Encourage pedestrian activity while reducing reliance on automobiles; and 5. Allow developers flexibility in land use and site design. Surrounding Land Use and Zoning North Single-family detached dwellings under construction zoned SF-1 East Single-family detached dwelling zoned SF-1 South Across Fourth Street, Park zoned Planned Development (Ord. No. 1023-2022) West Across Sherley Avenue, DART railroad & Riggins Avenue, Office and Telephone Exchange on two lots, zoned Local Commercial (C-1) Future Land Use Plan The subject property is located within the Anna 2050 Downtown Master Plan, situated within the Downtown Core District, and identified as a Retail Center and Adaptive Reuse / Infill character areas. •Retail Center areas - Future land use decisions should complement the Retail Center and reinforce the multimodal atmosphere that accommodates a wide array of Downtown activity. PAGE 2 OF 2 •Adaptive Reuse/Infill – The Adaptive Reuse/Infill areas are made up of smaller lots situated along corridors or in districts that are expected to increase in activity over time. As these areas become more attractive for new investment, they can be adapted to establish new uses (i.e. home conversion to a small business) or be redeveloped with new building types altogether. While there may be some new development on these sites, they are not expected to be aggregated with other sites for redevelopment purposes. Future Land Use decisions should accommodate the existing neighborhood fabric, while encouraging a transition to a more active environment and a more diverse building stock. SUMMARY: The applicant is proposing to rezone the property to the Downtown – Core (DT/CE) District to allow for future development which is in line with the Anna 2050 Downtown Master Plan for the Downtown Neighborhood District. The request is in conformance with the Anna 2050 Future Land Use Plan. Item No. 7.b. City Council Agenda Staff Report Meeting Date: 5/28/2024 Staff Contact: Lauren Mecke AGENDA ITEM: Consider/Discuss/Action regarding the Anna Original Donation, Block 12, Lot 1-16, Preliminary Site Plan. (Planning Manager Lauren Mecke) SUMMARY: Museum and Bar (75% alcohol sales) on one lot on 1.4± acres located on the northeast corner of E. Fourth Street and north Sherley Avenue. The purpose of the Preliminary Site Plan is to show the proposed building expansion and related site improvements. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: At the May 6, 2024, Planning & Zoning Commission meeting, the recommendation of the Preliminary Site Plan was for approval subject to Council approval of the associated zoning request by a vote of 6-0. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Anna Original Donation, Block 12, Lots 1-16 Preliminary Site Plan Locator Map 2. Resolution (PSP) Anna Original Donation Blk 12 Lts 1-16 Sherley Bros Bldg 3. Exhibit A (PSP) Anna OD BLK 12, Lots 1-16 W FIFTH ST W SECOND ST E THIRD ST E SECOND ST N POWELL PKWYWORTHAM STN SHERLEY AVES EASTON DRN RIGGINS STN INTERURBAN STW FOURTH ST NEASTONDRW THIRD ST S SHERLEY AVES INTERURBAN STSRIGGINSSTS POWELL PKWYE FOURTH ST E FIFTH ST Copyright nearmap 2015 Subject Property City Limits ETJ ¯ 0 200 400100 Feet April 2024 H:\Notification Maps\Notification Maps\ Preliminary Site Plan - Anna Original Donation, Block 12, Lots 1-16 CITY OF ANNA, TEXAS RESOLUTION NO. ___________________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANNA ORIGINAL DONATION, BLOCK 12, LOTS 1 - 16, PRELIMINARY SITE 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 has adopted Article 9.02 (“Subdivision Regulation”) and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of Ordinances; and WHEREAS, Marquin Miller Hunn has submitted an application for the approval of the Anna Original Donation, Block 12, Lots 1 - 16, Preliminary Site Plan; and WHEREAS, the Preliminary Site Plan conforms to the city’s Subdivision Regulations and Zoning Ordinance; and NOW THEREFORE, BE IT RESOLVED BY THE PLANNING & ZONING COMMISSION OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Preliminary Site Plan The Planning & Zoning Commission hereby approves Anna Original Donation, Block 12, Lots 1 - 16, Preliminary Site Plan attached hereto as Exhibit A subject to additions and/or alterations to the engineering plans as required by the City Engineer. PASSED AND APPROVED by the Planning & Zoning Commission of the City of Anna, Texas, on this 28th day of May, 2024. ATTEST: APPROVED: _________________________________ ________________________________ City Secretary, Carrie L. Land Mayor, Pete Cain TTBISHOP ARTS DALLAS MKEG LLCINST. NO. 201800074929PHASE 2 PERMEABLEPAVEMENTWWOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE ORIGINAL TOWN OF ANNABLOCK 12, LOT 1 thru LOT 16MACATEE ENGINEERING, LLC (TEX. REG. NO. F-456)4144 N. CENTRAL EXPWY. SUITE 340DALLAS, TEXAS 75204TEL: 214-373-1180EMAIL: daytonm@macatee-engineering.comMARQUIN MILLER HUNN507 S.UTAH STREETCELINA, TX 75009TEl: 903-327-2631EMAIL:marquinj2020@gmail.comFIRM NO. 10069500P.O. BOX 126ANNA, TX 75409TEL: 972-924-8200EMAIL: david@surdukansurveying.comL E G E N DL E G E N D BIOSWALE SECTION A-AN.T.S.EXHIBIT A APPROVED MAY 28, 2024CITY COUNCIL CITY OF ANNAAPPROVEDMAY 6, 2024P&Z COMMISSIONCITY OF ANNA Item No. 7.c. City Council Agenda Staff Report Meeting Date: 5/28/2024 Staff Contact: Lauren Mecke AGENDA ITEM: Continue the Public Hearing/Consider/Discuss/Action on the Skorburg Outer Loop zoning request. (Planning Manager Lauren Mecke) SUMMARY: REMARKS: The Multi-Family Residential (MF) district provides for high-density residential development, targeting well-designed multi-family uses serving as a transition between medium-density residential development and commercial nodes. This district encourages multi-family uses with site development characteristics that accommodate open space and access to light and air. Surrounding Land Uses and Zoning North Vacant land zoned Planned Development (Ord. No. 2002-27A; south of Pecan Grove) East Agriculture (Pecan Farm) located in the ETJ South Across Collin County Outer Loop, vacant land in Melissa’s ETJ West Vacant land owned by Collin County & located in the ETJ Conformance with the Anna 2050 Comprehensive Plan The Anna 2050 Future Land Use Plan identifies this area as Parks and Open Space place type. The Preferred Scenario Diagram identifies this property as Mixed Use. On the following pages are the pages from the Comprehensive Plan for the Mixed Use place type. The proposed zoning district does conform to the Mixed Use place type. ISSUES: Floodplain The primary issue for this site is due to the entire tract being within the flood zone. The flood zone as currently shown has been in effect since June 2009. It is possible that several acres can be reclaimed and developed in the future but will need further analysis. SUMMARY: Request to annex and zone 10.1± acres to Multi-family (MF) District. Located on the north side of Collin County Outer Loop, 680± feet east of W. Foster Crossing Road. The request for multi-family zoning is not in conformance with the Future Land Use Plan but is in conformance with the Preferred Scenario Diagram within the Anna 2050 Comprehensive Plan. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: Request to annex and zone 10.1± acres to Multi-family (MF) District. Located on the north side of Collin County Outer Loop, 680± feet east of W. Foster Crossing Road. The request for multi-family zoning is not in conformance with the Future Land Use Plan but is in conformance with the Preferred Scenario Diagram within the Anna 2050 Comprehensive Plan. At the April 1, 2024, Planning & Zoning Commission meeting, the Commission unanimously recommended approval. At the April 23, 2024, City Council meeting, the Council voted to continue the Public Hearing at the May 28, 2024, City Council meeting. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Skorburg Outer Loop Zoning Locator Map 2. Ordinance - Skorburg Outer Loop Zoning 3. Exhibit A (Metes&Bounds) 4. Exhibit B (Zoning Exhibit) 5. Anna Outer Loop City Council Presentation vF 4.23.2024 W OUTER LOOP RD W FOSTER CROSSING RD LUSCOMBE LN PRIVATEROA D 503 8PECANGROVEDR Maxar, Microsoft, Copyright nearmap 2015 Subject Property 200' Notice Boundary City Limits ETJ ¯ 0 400 800200 Feet March 2024 H:\Notification Maps\Notification Maps\ Zoning - Skorburg Outer Loop 1 CITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located on the north of Collin County Outer Loop, 680± feet east of W. Foster Crossing Road) ORDINANCE NO. ________________ 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. WHEREAS, the City of Anna, Texas (“City”) has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a requested zoning change on Property described in Exhibit 1 (Legal Description) and depicted in Exhibit 2 (Zoning Exhibit) (“Property”) attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located on the north of Collin County Outer Loop, 680± feet east of W. Foster Crossing Road being zoned to Multi-family Residential (MF) District zoning; and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna (“City Council”) have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1.Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2.Zoning Change The Anna City Code of Ordinances are hereby amended by changing the zoning of the Property described in Exhibit 1 (Legal Description) and depicted in Exhibit 2 (Zoning Exhibit) Multi-Family Residential (MF) District zoning. 2 Section 3.Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4.Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Section 5.Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6.Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this 28th day of May, 2024. ATTESTED: APPROVED: ________________________________ _________________________ Carrie L. Land, City Secretary Pete Cain, Mayor METES AND BOUNDS LEGAL DESCRIPTION Annexation & Zoning Request Annexation & Zoning Request City Council Meeting City Council Meeting Anna, TexasAnna, Texas April 23, 2024April 23, 2024 Foster Crossing ,Ltd Location Location 3 Pecan Grove Estates Subject Site (+/- 10.1 acres)Collin County Outer Loop Hwy 5 Current Zoning Current Zoning 5 Martha Lee Jones 102 Acres Zoning: ETJ Subject Site 10.1 Acres Current Zoning: ETJ Tract A: Luscombe Family Trust 30.7 Acres Zoning: MF ORD: 2002-27A Tract B: Luscombe Family Trust 10.6 Acres Zoning: R-5 ORD: 2002-27A Dosti Partners 57 Acres Zoning: MF / Comm Collin County 2.83 Acres Zoning: ETJ Requested Zoning with Annexation Requested Zoning with Annexation 7 Martha Lee Jones 102 Acres Zoning: ETJ Subject Site 10.1 Acres Requested Zoning: MF Tract A: Luscombe Family Trust 30.7 Acres Zoning: MF ORD: 2002-27A Tract B: Luscombe Family Trust 10.6 Acres Zoning: R-5 ORD: 2002-27A Dosti Partners 57 Acres Zoning: MF / Comm Collin County 2.83 Acres Zoning: ETJ Requested Zoning with Annexation 8 Martha Lee Jones 102 Acres Zoning: ETJ Skorburg Land 10 Acres Proposed Zoning: MF Tract A: Luscombe Family Trust 30.7 Acres Zoning: MF ORD: 2002-27A Tract B: Luscombe Family Trust 10.6 Acres Zoning: R-5 ORD: 2002-27A q Current Zoning: ETJ q Requested Zoning: Multifamily Base Zoning with Annexation q Variances: No Variances Requested Questions? Item No. 7.d. City Council Agenda Staff Report Meeting Date: 5/28/2024 Staff Contact: Lauren Mecke AGENDA ITEM: [Received a request to Table] Conduct a Public Hearing/Consider/Discuss/Action on a Resolution to rezone 59.11± acres to Planned Development/multifamily 312 Units, currently zoned SF-E (Agriculture). Located on the northwest and southwest corner of County Road 423 and Powell Parkway. (Planning Manager Lauren Mecke) SUMMARY: The Applicant has submitted a request to rezone three tracts on both sides of S. Powell Parkway from SF-E Single-Family Residential - Large Lot to a Planned Development using the Multi-Family (MF), Mixed-Density (MD), Regional Commercial (C-2), and Light Industrial (I-1) zoning districts as the base zoning. The applicant is requesting additional time before presenting to City Council following the recommendation from the Planning & Zoning Commission. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: At the May 6, 2024, Planning & Zoning Commission meeting, the recommendation of the zoning request was for approval with conditions of changing the Multi-family Zoning area to Mixed-Use Zoning by a vote of 5-0-1. The applicant has submitted the attached letter requesting to table this item to the regular June 25, 2024 Council meeting held within the Council Chambers of the Municipal Complex at 6:00 p.m. located at 120 W. 7th Street. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Powell Corners Zoning Locator Map 2. Powell Corners Table Request WESTGATE CT ELIZABETH ST WILLOW WAY SOFI ALNASPENDRLILIA NALN COUNTYROAD1036 ELENADRS POWELL PKWYROCKETBENDDRCOWBOY WAY JE S SIC A LY N N L N JANAWAYLEONARDAVEALLYSSASTNELSONSTREDFOXRDSHERWOODDRREND Y N STCEDARCREEKDR NOBLE FIR DRMATHEW DRSANDALWOODLN KRISTINAST SHARP ST ELM ST W A R N E R D RS INTERURBAN STSLATERCREEKRDFLORENCEWAY MASTONDRELIJAH DR CHERRYBLOSSOMST HUDSON WAY REDWOOD STSFERGUSONPKWYHAV E N D R SUNBEAM CV PENN ST KADYNCE LN GRAHAMRDABIGAIL LNCAROLINESTSTRAWBERRYHILLLNAZALEASRUNDRCODYDRMAJESTICPALM STSU S A N S T LILLY LNCLARKSTINDIANOLA TRL M AV E R ICK ST RILEYDRW FINLEY BLVD MAE ST CAINDRNU E H O F F CI R STARS D R CADESTROADRUNNERRD ZELKOVABLVDJOYCTGOULD WAY GARDENDALE HOLLOW LN TAYLOR BLVD CHERRYHILLD RAMYBLVD PEACHTREELNLIVEOAKDR SILVERLEAFLNLA K EV IEW DRSEANSTPISTACHIO DR D A V I D DR NUEHOFFDRA D E LY N ST OLIVER DR ETHAN CIR ADRIANADRTHAYNEDRWILSONDRCROSSEDRB O I S D AR C L N PEN N Y S T HILLRICHDRR O B E R T S T ANNECT NATHAN LN HOLLY S T JOSIAHDRBRIDGEPORT DR JOSHUA STVAILLNROCKRIDGE TRL DENTON DRASH STBRADFORDSTBURGERTDRBURLINGTONCRESTTRLERROLSTWESTWOOD CT TATE LN BURN STBROOKLYN DRKATELYNNLN DEYADRMOMBIN ST CEDARELMDR TAMARIND ST JUNIPER STNAOMI LNRABBIT RUN RD PARK VISTA DR EDWARD STBRENTFIELDDRJACQUELYNEDR B E A R C R EEK D R ASKEWDRRED OAK TRL GRACESTTIA N A S T STAFFORDSPOINTLNELDERBERRY DR HAZELS WAYBENS DRWESTFIELD DRB R O O K D RPRIVATEROAD5031COUNTY ROAD 422 E FINLEY BLVD CARINNA DR C UN NINGHAM BLVD COUNTY ROAD 423S RIGGINS STCopyright nearmap 2015 Subject Property 200' Notice Boundary City Limits ETJ ¯ 0 1,000 2,000500 Feet May 2024 H:\Notification Maps\Notification Maps\ Zoning - Powell Corners May 17, 2024 City of Anna AƩn: Lauren Mecke P.O. Box 776 120 W. 7th St. Anna, TX 75409 Re: Powell Corners Table Request Dear Lauren, I am wriƟng on behalf of Morphic Development and ConƟnental ProperƟes to request to table the Powell Corners Planned Development and MulƟfamily Concept Plan hearing unƟl June 25th, 2024. Given the feedback received and Planning and Zoning, the team wants to ensure we are adequately revising the applicaƟon materials, and preparing a high quality, thoughƞul proposal and presentaƟon prior to our City Council Hearing. Sincerely, Sam Franklin Item No. 7.e. City Council Agenda Staff Report Meeting Date: 5/28/2024 Staff Contact: Bernie Parker AGENDA ITEM: Consider/Discuss/Action on a Resolution approving a first amendment to Cox Tract Development Agreement with Rockhill Contracts I, LLC, relating to Development of Property for a Mixed Use Development. (Director of Economic Development Bernie Parker) SUMMARY: Rockhill Contracts I, LLC desires to amend Section 5.14 of the Agreement concerning the minimum building standards for 40' single-family residential lots and to modify the minimum dwelling square footage for 40' single-family residential lots on the Property. Proposed Changes: 1. Increase the Minimum Masonry Requirement for the Exterior Facade of the Dwelling units for 40' lots from 75% to 85%. 2. For 25% of Homes built on these 40' Lots - Reduces the Minimum square footage from 1800 sf to 1725 sf. 3. For 75% of Homes built on these 40' Lots - Reduces Minimum square footage range from (1800 sf to 1600 sf ) to 1725 sf to 1600 sf - but in no event shall any dwelling be lower than 1,600 sf. *** Rockhill Contracts I, LLC will provide a presentation at Council **** FINANCIAL IMPACT: N/A BACKGROUND: City Council Approved the Development Agreement with Rockhill Contracts I, LLC of May 14, 2024 STRATEGIC CONNECTIONS: ATTACHMENTS: 1. (ROCKHILL) ANNA COX TRACT -- First Amendment to Development Agreement DEV EXECUTED CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING FIRST AMENDMENT TO COX TRACT DEVELOPMENT AGREEMENT WITH ROCKHILL CONTRACTS I, LLC, RELATING TO DEVELOPMENT OF PROPERTY FOR A MIXED USE DEVELOPMENT WHEREAS, Rockhill Contracts I, LLC (the “Developer”) owns approximately 82.567 acres of real property located in the municipal boundaries of the City, in Collin County, Texas, (the “Property”); and WHEREAS, the City Council and the Developer intend that the Property be developed in accordance with the Cox Tract Development Agreement (the “Agreement”) as amended by the First Amendment to Cox Tract Development Agreement, attached hereto as Exhibit 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval and Authority to Execute The City Council hereby approves the First Amendment to Cox Tract Development Agreement (“First Amendment”), attached hereto as Exhibit 1, and authorizes the Mayor’s execution of the same. The Mayor and/or City Manager are hereby authorized to execute all documents and take all other actions necessary to finalize, act under, and enforce the Agreement as amended by the First Amendment. PASSED by the City Council of the City of Anna, Texas, on this 28th day of May 2024. ATTESTED: APPROVED: ________________________________ __________________________ Carrie L. Land, City Secretary Pete Cain, Mayor 1 FIRST AMENDMENT TO COX TRACT DEVELOPMENT AGREEMENT This First Amendment to Cox Tract Development Agreement (this “First Amendment”) is entered into by and between the CITY OF ANNA, TEXAS, a Texas home-rule municipality (the “City”) and ROCKHILL CONTRACTS I, LLC, a Texas limited liability company (“Developer”) (each individually, a “Party,” and collectively, the “Parties”), to be effective as of May 28, 2024. RECITALS WHEREAS, the City and the Developer previously entered into that certain Cox Tract Development Agreement, effective as of May 14, 2021 (the “Agreement”); and WHEREAS, capitalized terms used in this First Amendment herein but not otherwise defined shall have the meanings assigned to them in the Agreement; and WHEREAS, the Parties desire to amend Section 5.14 of the Agreement to make certain changes to language concerning the minimum building standards for 40’ single-family residential lots and to modify the minimum dwelling square footage for 40’ single-family residential lots on the Property; and WHEREAS, the Parties acknowledge and agree that, except to the extent amended by this First Amendment herein, all provisions and terms contained in the Agreement shall remain in full force and effect; and NOW, THEREFORE, for and in consideration of the mutual covenants of the Parties set forth in this First Amendment, and for good and valuable consideration the receipt and adequacy of which are acknowledged and agreed, the Parties agree as follows: AGREEMENT 1. Defined Terms. All capitalized terms used in this First Amendment, to the extent not otherwise expressly defined herein, shall have the meanings assigned to them in the Agreement. 2. Amendments. 2.1 The first sentence of Section 5.14(a)(1) is amended to read as follows: “For 40’ lots, the minimum masonry requirement is 85% of the exterior façade of the dwelling; for 50’ and 60’ lots, the minimum masonry requirement is 75% of the exterior façade of the dwelling.” 2.2 Section 5.14(a)(5)iii. is amended to read as follows: “iii. 40’ lot – Minimum 1,725 sf provided that up to 25% of dwellings on 40’ lots may have square footages below 1,725 sf, but in no event shall any dwelling on a 40’ lot have a square footage lower than 1,600 sf. 137490650v.3 Exhibit 1 2 4. Miscellaneous. (a)This First Amendment amends the Agreement in no other manner except as expressly set forth herein. Except as amended herein, the terms, provisions, agreements, covenants and conditions of the Agreement shall continue in full force and effect. In the event of a conflict between this First Amendment and the Agreement, the terms of this First Amendment shall control. (b) This First Amendment together with the Agreement shall constitute the entire agreement between the Parties and supersedes all prior agreements and understandings, whether oral or written, concerning the subject matter of this First Amendment and the Agreement. This First Amendment and the Agreement shall not be modified or amended except in writing signed by the Parties. (c) This First Amendment may be executed in one (1) or more counterparts, each of which when taken together shall constitute one and the same instrument. (d) The City represents and warrants that the individual executing this First Amendment on behalf of the City has been duly authorized to do so. The Developer represents and warrants that the individual executing this First Amendment on behalf of the Developer has been duly authorized to do so. [Signature Pages to Follow] S-1 EXECUTED BY THE PARTIES TO BE EFFECTIVE AS OF MAY 28, 2024: CITY OF ANNA, TEXAS By: Name: Pete Cain Title: Mayor Date: STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on ____________, 2024, by Pete Cain, Mayor of the City of Anna, Texas, on behalf of said City. Notary Public, State of Texas [SEAL] Approved as to form: ___________________________ Clark McCoy, City Attorney Item No. 7.f. City Council Agenda Staff Report Meeting Date: 5/28/2024 Staff Contact: Gregory Peters AGENDA ITEM: Consider/Discuss/Action on a Resolution of the City Council of the City of Anna, Texas, finding that a public necessity exists for acquisition of a permanent sanitary sewer line easement on and across 0.0799 acres of real property for the construction and maintenance of the Hurricane Creek Trunk Sewer Line Northern Extension, in a form approved by the City Attorney. (Assistant City Manager Greg Peters, P.E.) SUMMARY: This item is related to the construction of the northern extension of the Hurricane Creek Trunk Sewer Line. Easements are required in order to provide for the construction, installation, and long-term maintenance of the trunk sewer. This is a critical infrastructure project which will provide access to city sewer for the west side of US 75 in the City of Anna. The City has been working with a property acquisition consultant to purchase the necessary easements for the project. The attached resolution is a necessary step in the process to provide staff direction and authority to complete negotiations with the landowner for the acquisition. There is specific language which must be read into the motion should the City Council choose to approve this item. The language has been printed and provided to the City Council for their consideration. FINANCIAL IMPACT: This item has no financial impact at this time. The existing project budget includes funds for easement acquisition. BACKGROUND: The trunk sewer is shown in the Wastewater Master Plan and the 10-year Capital Improvement Plan for the City of Anna, and is required in order to provide gravity sewer to properties west of US 75. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Anna Group LLC Parcel 1 2. City of Anna - Wastewater Master Plan CITY OF ANNA, TEXAS RESOLUTION NO. ______ PAGE 1 OF 6 CITY OF ANNA, TEXAS RESOLUTION NO. __________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT SANITARY SEWER LINE EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.0799 ACRES OF REAL PROPERTY, MORE OR LESS, AND A TEMPORARY CONSTRUCTION EASEMENT PROVIDING TEMPORARY LIMITED RIGHTS ON AND UNDER 0.3164 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY’S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Anna plans to construct and/or install sanitary sewer lines and associated appurtenances to meet the public need to provide sanitary sewer system improvements to benefit the City of Anna, its citizens and the general health, safety and welfare; and WHEREAS, it is necessary to acquire a certain permanent sanitary sewer line easement not now held by the City of Anna for such sanitary sewer system improvements; and WHEREAS, it is necessary for the City to use its authority to pursue negotiations for the acquisition of said easements and/or to pursue the easements under power of eminent domain; and WHEREAS, the City Council of the City of Anna, Texas (“City Council”), after careful consideration, finds that a public necessity exists for acquisition of a permanent sanitary sewer line easement and a temporary construction easement, respectively providing limited rights on and under 0.0799 acres of real property, more or less, and 0.3164 acres of real property, more or less, said tracts being more particularly described in Section 2 of this resolution, for the purposes of constructing, laying, maintaining, repairing and/or replacing of sanitary sewer lines and related appurtenances, and benefiting the public health, safety and welfare; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Incorporation of Recitals; Purpose 1.01 The City Council finds that the above-stated recitals are true and correct and said recitals are incorporated herein as if set forth in full for all purposes. CITY OF ANNA, TEXAS RESOLUTION NO. ______ PAGE 2 OF 6 1.02 This resolution is intended to comply in all respects with Texas Government Code § 2206.001, et seq., Texas Local Government Code § 251.001, et seq., and Texas Property Code § 21.001 et seq., to the extent the provisions of such statutes are applicable, and to comply with all other applicable law. 1.03 The City Council, by this resolution, intends, if necessary, to exercise the City’s powers of eminent domain under Texas Local Government Code § 251.001 and any and all other applicable law. Section 2. Easements to be Acquired (a) The necessary permanent sanitary sewer line easement sought to be acquired will provide limited rights on and under a portion of a tract of real property, said portion totaling approximately 0.0799 acres of real property (the “Permanent Sanitary Sewer Line Easement”), held by Anna Group, LLC, and/or others. Said approximate 0.0799 acres of real property is generally aligned and described as shown in Exhibit A, attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. The precise permanent easement to be acquired may differ from what is shown in said alignment and description but said alignment and description approximates the general route and general area of the permanent sanitary sewer line easement to be acquired. (b) The necessary temporary construction easement sought to be acquired will provide temporary limited rights on and under a portion of a tract of real property, said portion totaling approximately 0.3164 acres of real property (the “Temporary Construction Easement”), held by Anna Group, LLC, and/or others. Said approximate 0.3164 acres of real property is generally aligned and described as shown in Exhibit A, attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. The precise temporary easement to be acquired may differ from what is shown in said alignment and description but said alignment and description approximates the general route and general area of the temporary construction easement to be acquired. Section 3. Finding of Public Necessity and Authorization to Take Action 3.01 The City Council finds a public necessity for the public welfare and convenience to acquire the Permanent Sanitary Sewer Line Easement and Temporary Construction Easement identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing sanitary sewer lines and related appurtenances. The City Council authorizes the City Manager, City CITY OF ANNA, TEXAS RESOLUTION NO. ______ PAGE 3 OF 6 staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal counsel if determined necessary by said attorneys, to acquire the needed Permanent Sanitary Sewer Line Easement and Temporary Construction Easement by any lawful means including but not limited to negotiations with landowners and, if necessary, proceedings in eminent domain. 3.02 The City Council by this resolution directs the City Manager, his staff, and Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal counsel if determined necessary by said attorneys—as necessary and in the appropriate sequence—to have the Permanent Sanitary Sewer Line Easement and Temporary Construction Easement appraised by a certified appraiser, to send the landowner(s) a copy of the appraisal and the State of Texas Landowner’s Bill of Rights prepared by the Office of the Attorney General of Texas, to enter into good-faith negotiations with the landowner(s), to make a bona-fide offer and make any necessary initial and final monetary offers in an attempt to acquire the Permanent Sanitary Sewer Line Easement and Temporary Construction Easement consistent with the appraisal(s), when appropriate, and to convey the City’s desire to acquire the Permanent Sanitary Sewer Line Easement and Temporary Construction Easement in an efficient manner, and, if necessary, to institute proceedings in eminent domain and take all necessary actions in such proceedings to condemn and acquire the Permanent Sanitary Sewer Line Easement and Temporary Construction Easement. The City Council hereby authorizes and ratifies any such actions taken thus far, and hereby further asserts its full authority, to the greatest extent p rovided by law, to acquire the Permanent Sanitary Sewer Line Easement and Temporary Construction Easement identified in Section 2, above. Section 4. Effective Date. This resolution shall take effect immediately upon its passage. PASSED AND APPROVED by the City Council of the City of Anna, Texas, this ___ day of ___________________ 2024. ATTESTED: APPROVED: Carrie L. Land, City Secretary Pete Cain, Mayor PARCEL 1 ADDENDUM C PAGE C.2 PARCEL 1 ADDENDUM C PAGE C.3 PARCEL 1 ADDENDUM C PAGE C.4 PARCEL 1 ADDENDUM C PAGE C.5 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2!!2!!2!!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2!!2 !!2!!2!!2 !!2 !!2 !!2 !!2 !!2!!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2!!2!!2!!2 !!2!!2!!2!!2!!2!!2!!2!!2!!2!!2!!2 !!2!!2!!2!!2!!2!!2!!2!!2!!2 !!2 !!2 !!2 !!2!!2 !!2!!2!!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2!!2 !!2!!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2 !!2 !!2 !!2!!2!!2 !!2 !!2!!2 !!2!!2 !!2!!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2!!2!!2!!2!!2!!2!!2 !!2 !!2 !!2!!2 !!2 !!2!!2!!2!!2 !!2!!2!!2!!2 !!2 !!2 !!2!!2!!2 !!2!!2!!2!!2!!2 !!2!!2 !!2 !!2!!2!!2 !!2 !!2 !!2 !!2 !!2!!2!!2 !!2 !!2 !!2!!2!!2 !!2!!2!!2 !!2 !!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2!!2!!2!!2 !!2 !!2 ! g g g g ! !COUNTY ROAD 511FM 2862 COUNTYROAD 480FM 455 COUNTYROAD3 7 0 COUNTYROAD371 OUTER LOOP FM 2862COUNTY ROAD 286 18''18''21''21''15''15''15'' 21''24''24''12''24''21''21''21''21''15''15''15''18''18''15''§¨¦75 ¬«121")455 ")455 ¬«5 PROPOSED PILOT GROVE LIFT STATION #3 CAPACITY: 270 GPM PROPOSED PILOT GROVE LIFT STATION #2 CAPACITY: 255 GPM PROPOSED PILOT GROVE LIFT STATION #1 CAPACITY: 215 GPM PROPOSED THROCKMORTON CREEK LIFT STATION CAPACITY: 2250 GPM EF131 EF129 EF127 SGC155 SGC123 WSGC117 WSGC119 SGC125 SGC143 SGC145 SGC127 SGC141 SGC147 SGC153 SGC151 SGC149 SGC139 SGC137 SGC129 SGC121 SGC113 SGC111 SGC115 SGC131 SGC119 SGC117 SGC107 SGC133 PGC111 PGC109 PGC107 PGC105 PGC103 PGC101 HB101 SGC105 SGC103 SGC101 SGC109WSGC101 WSGC103 WSGC105 WSGC107 SC105 WSGC109SC101 SC103 CC101 SLC105 SLC109 SLC111 SLC113 SLC117 SLC119 SLC121 SLC123 TC115 TC107 TC105 TC103 TC101 SLC103 SLC107 TC111 TC113 TC117 TC137 TC135HC133 HC125 HC127 HC119 HC123 HC121 HC115 HC117 HC111 HC109 HC113 HC105 HC107 HC103 HC101 EF105 EF101 EF103 EF107 EF109 EF113 EF111 EF115 EF117 EF121 EF119 EF123 EF125 TC109 SLC115 CC103 36 '' 36 ''21 ''8 ' ' 8 ''8 ''1 8 ' '8 ''8 '' 8 '' 8 '' 8 '' 27 ''8 ' '12 ''24 ''42 ''8 ' '27 ''42 ''10 ''8 ''12 ''8 ''15 '' 54 ' ' 10 '' 1 2 ' ' 60 ''10 ''8 ''24 ''18 ''15 ' ' 2 4 ' '8 ''18 '' 8 '' 8 ''8 ''10 ' '30 ''8 ''21 ''8 ' '18 ''8 ''8 ''8 ''48 ''15 '' 21 '' 18 '' 1 5 ' '21 ''27 ''27 ''8 '' 8 '' 21 '' 8 ''8 ''48 ''21 ''36 '' 1 2 ' '8 ''10 ''1 8 ' '8 ''15 '' 8 ''10 ''18 ''8 ' ' 3 0 ' ' 30 ''18 ' ' 3 6 ' ' 8 '' 15 ' ' 8 ''24 ''8 '' 10 '' 8 ''8 ''24 ''8 ''10 ''10 ''15 ''PROPOSED ANNA RANCH LIFT STATION EXISTING COYOTE MEADOWS LIFT STATION EXISTING CAMDEN PARC LIFT STATION EXISTING ELIZABETH STREET LIFT STATION EXISTING NORTH POINTE LIFT STATION CAPACITY: 745 GPM EXISTING LIFT STATION CAPACITY: 100 GPM EXISTING LIFT STATION CAPACITY: 34 GPM CITY OF ANNA WASTEWATER MASTER PLAN FIGURE WWMP Kimley-Horn and Associates, Inc.File Path: K:\MKN_Civil\City of Anna - Master Data\GIS\Anna_Wastewater Master Plan.aprxLast Saved: 9/1/2023 1:51 PMI 0 4,0002,000 Feet NTMWD Clement Creek P.O.E. Existing Peak: 1.35 MGD Buildout Peak: 4.72 MGD NTMWD Throckmorton Creek P.O.E. Existing Peak: 7.20 MGD Existing WWTP Treats 2.0 MGD Peak Buildout Peak: 35.96 MGD Buildout WWTP Treats 18.0 MGD Peak Throckmorton Creek/ Trinity River Interceptor Contracted Capacity Upstream: 5.60 MGD (2014) Contracted Capacity Downstream: 9.60 MGD (2014) Clement Creek Contracted Capacity: 3.0 MGD (2014) Text Legend Lift Stations Wastewater Subbasin Clement Creek Clement Creek Existing East Fork Trinity Harrington Branch Hurricane Creek Clement Creek Existing Sister Grove Creek Slayter Creek Throckmorton Creek West Sister Grove Creek Stiff Creek !Proposed WWTP g Proposed Lift Station !Existing WWTP !!2 Existing Manhole Existing Force Main Existing Wastewater Proposed Manhole Proposed Force Main Streams parcels Planning Boundary Floodplain Van Alstyne/Mantua P.O.E. Peak Flow = 13.88 MGD Weston P.O.E. #1 Peak Flow = 0.50 MGD Weston P.O.E. #2 Peak Flow = 0.50 MGD Weston P.O.E. #3 Peak Flow = 0.50 MGD Weston P.O.E. #4 Peak Flow = 0.50 MGD Weston P.O.E. #5 Peak Flow = 0.50 MGD Weston P.O.E. #6 Peak Flow = 0.50 MGD Weston P.O.E. #7 Peak Flow = 0.50 MGD Harrington Branch WWTP Phase 1 Capacity: 1 MGD Phase 2 Capacity: 2 MGD Phase 3 Capacity: 2.5 MGD Hurricane Creek WWTP Phase 1 Capacity: 4 MGD Phase 2 Capacity: 8 MGD Phase 3 Capacity: 16 MGD Slayter Creek WWTP Existing Capacity: 0.5 MGD Phase 3 Capacity: 0.975 MGD Expansion Capacity: 4.5 MGD Van Alstyne P.O.E. Peak Flow = 20.48 MGD Stiff Creek P.O.E. Buildout Peak: 2.77 MGD Item No. 7.g. City Council Agenda Staff Report Meeting Date: 5/28/2024 Staff Contact: Gregory Peters AGENDA ITEM: Consider/Discuss/Action on a Resolution of the City Council of the City of Anna, Texas, finding that a public necessity exists for acquisition of a permanent sanitary sewer line easement on and across 0.09461 acres of real property for the construction and maintenance of the Hurricane Creek Trunk Sewer Line Northern Extension, in a form approved by the City Attorney. (Assistant City Manager Greg Peters, P.E.) SUMMARY: This item is related to the construction of the northern extension of the Hurricane Creek Trunk Sewer Line. Easements are required in order to provide for the construction, installation, and long-term maintenance of the trunk sewer. This is a critical infrastructure project which will provide access to city sewer for the west side of US 75 in the City of Anna. The City has been working with a property acquisition consultant to purchase the necessary easements for the project. The attached resolution is a necessary step in the process to provide staff direction and authority to complete negotiations with the landowner for the acquisition. There is specific language which must be read into the motion should the City Council choose to approve this item. The language has been printed and provided to the City Council for their consideration. FINANCIAL IMPACT: This item has no financial impact at this time. The existing project budget includes funds for easement acquisition. BACKGROUND: The trunk sewer is shown in the Wastewater Master Plan and the 10-year Capital Improvement Plan for the City of Anna, and is required in order to provide gravity sewer to properties west of US 75. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Anna Group LLC Parcel 4A 2. City of Anna - Wastewater Master Plan CITY OF ANNA, TEXAS RESOLUTION NO. ______ PAGE 1 OF 6 CITY OF ANNA, TEXAS RESOLUTION NO. __________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT SANITARY SEWER LINE EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.9461 ACRES OF REAL PROPERTY, MORE OR LESS, AND A TEMPORARY CONSTRUCTION EASEMENT PROVIDING TEMPORARY LIMITED RIGHTS ON AND UNDER 1.2372 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY’S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Anna plans to construct and/or install sanitary sewer lines and associated appurtenances to meet the public need to provide sanitary sewer system improvements to benefit the City of Anna, its citizens and the general health, safety and welfare; and WHEREAS, it is necessary to acquire a certain permanent sanitary sewer line easement not now held by the City of Anna for such sanitary sewer system improvements; and WHEREAS, it is necessary for the City to use its authority to pursue negotiations for the acquisition of said easements and/or to pursue the easements under power of eminent domain; and WHEREAS, the City Council of the City of Anna, Texas (“City Council”), after careful consideration, finds that a public necessity exists for acquisition of a permanent sanitary sewer line easement and a temporary construction easement, respectively providing limited rights on and under 0.9461 acres of real property, more or less, and 1.2372 acres of real property, more or less, said tracts being more particularly described in Section 2 of this resolution, for the purposes of constructing, laying, maintaining, repairing and/or replacing of sanitary sewer lines and related appurtenances, and benefiting the public health, safety and welfare; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Incorporation of Recitals; Purpose 1.01 The City Council finds that the above-stated recitals are true and correct and said recitals are incorporated herein as if set forth in full for all purposes. CITY OF ANNA, TEXAS RESOLUTION NO. ______ PAGE 2 OF 6 1.02 This resolution is intended to comply in all respects with Texas Government Code § 2206.001, et seq., Texas Local Government Code § 251.001, et seq., and Texas Property Code § 21.001 et seq., to the extent the provisions of such statutes are applicable, and to comply with all other applicable law. 1.03 The City Council, by this resolution, intends, if necessary, to exercise the City’s powers of eminent domain under Texas Local Government Code § 251.001 and any and all other applicable law. Section 2. Easements to be Acquired (a) The necessary permanent sanitary sewer line easement sought to be acquired will provide limited rights on and under a portion of a tract of real property, said portion totaling approximately 0.9461 acres of real property (the “Permanent Sanitary Sewer Line Easement”), held by Anna Group, LLC, and/or others. Said approximate 0.9461 acres of real property is generally aligned and described as shown in Exhibit A, attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. The precise permanent easement to be acquired may differ from what is shown in said alignment and description but said alignment and description approximates the general route and general area of the permanent sanitary sewer line easement to be acquired. (b) The necessary temporary construction easement sought to be acquired will provide temporary limited rights on and under a portion of a tract of real property, said portion totaling approximately 1.2372 acres of real property (the “Temporary Construction Easement”), held by Anna Group, LLC, and/or others. Said approximate 1.2372 acres of real property is generally aligned and described as shown in Exhibit A, attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. The precise temporary easement to be acquired may differ from what is shown in said alignment and description but said alignment and description approximates the general route and general area of the temporary construction easement to be acquired. Section 3. Finding of Public Necessity and Authorization to Take Action 3.01 The City Council finds a public necessity for the public welfare and convenience to acquire the Permanent Sanitary Sewer Line Easement and Temporary Construction Easement identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing sanitary sewer lines and related appurtenances. The City Council authorizes the City Manager, City CITY OF ANNA, TEXAS RESOLUTION NO. ______ PAGE 3 OF 6 staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal counsel if determined necessary by said attorneys, to acquire the needed Permanent Sanitary Sewer Line Easement and Temporary Construction Easement by any lawful means including but not limited to negotiations with landowners and, if necessary, proceedings in eminent domain. 3.02 The City Council by this resolution directs the City Manager, his staff, and Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal counsel if determined necessary by said attorneys—as necessary and in the appropriate sequence—to have the Permanent Sanitary Sewer Line Easement and Temporary Construction Easement appraised by a certified appraiser, to send the landowner(s) a copy of the appraisal and the State of Texas Landowner’s Bill of Rights prepared by the Office of the Attorney General of Texas, to enter into good-faith negotiations with the landowner(s), to make a bona-fide offer and make any necessary initial and final monetary offers in an attempt to acquire the Permanent Sanitary Sewer Line Easement and Temporary Construction Easement consistent with the appraisal(s), when appropriate, and to convey the City’s desire to acquire the Permanent Sanitary Sewer Line Easement and Temporary Construction Easement in an efficient manner, and, if necessary, to institute proceedings in eminent domain and take all necessary actions in such proceedings to condemn and acquire the Permanent Sanitary Sewer Line Easement and Temporary Construction Easement. The City Council hereby authorizes and ratifies any such actions taken thus far, and hereby further asserts its full authority, to the greatest extent p rovided by law, to acquire the Permanent Sanitary Sewer Line Easement and Temporary Construction Easement identified in Section 2, above. Section 4. Effective Date. This resolution shall take effect immediately upon its passage. PASSED AND APPROVED by the City Council of the City of Anna, Texas, this ___ day of ___________________ 2024. ATTESTED: APPROVED: Carrie L. Land, City Secretary Pete Cain, Mayor PARCEL 4 ADDENDUM C PAGE C.2 PARCEL 4 ADDENDUM C PAGE C.4 PARCEL 4 ADDENDUM C PAGE C.5 PARCEL 4 ADDENDUM C PAGE C.6 PARCEL 4 ADDENDUM C PAGE C.7 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2!!2!!2!!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2!!2 !!2!!2!!2 !!2 !!2 !!2 !!2 !!2!!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2!!2!!2!!2 !!2!!2!!2!!2!!2!!2!!2!!2!!2!!2!!2 !!2!!2!!2!!2!!2!!2!!2!!2!!2 !!2 !!2 !!2 !!2!!2 !!2!!2!!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2!!2 !!2!!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2 !!2 !!2 !!2!!2!!2 !!2 !!2!!2 !!2!!2 !!2!!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2!!2!!2!!2!!2!!2!!2 !!2 !!2 !!2!!2 !!2 !!2!!2!!2!!2 !!2!!2!!2!!2 !!2 !!2 !!2!!2!!2 !!2!!2!!2!!2!!2 !!2!!2 !!2 !!2!!2!!2 !!2 !!2 !!2 !!2 !!2!!2!!2 !!2 !!2 !!2!!2!!2 !!2!!2!!2 !!2 !!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2!!2!!2!!2 !!2 !!2 ! g g g g ! !COUNTY ROAD 511FM 2862 COUNTYROAD 480FM 455 COUNTYROAD3 7 0 COUNTYROAD371 OUTER LOOP FM 2862COUNTY ROAD 286 18''18''21''21''15''15''15'' 21''24''24''12''24''21''21''21''21''15''15''15''18''18''15''§¨¦75 ¬«121")455 ")455 ¬«5 PROPOSED PILOT GROVE LIFT STATION #3 CAPACITY: 270 GPM PROPOSED PILOT GROVE LIFT STATION #2 CAPACITY: 255 GPM PROPOSED PILOT GROVE LIFT STATION #1 CAPACITY: 215 GPM PROPOSED THROCKMORTON CREEK LIFT STATION CAPACITY: 2250 GPM EF131 EF129 EF127 SGC155 SGC123 WSGC117 WSGC119 SGC125 SGC143 SGC145 SGC127 SGC141 SGC147 SGC153 SGC151 SGC149 SGC139 SGC137 SGC129 SGC121 SGC113 SGC111 SGC115 SGC131 SGC119 SGC117 SGC107 SGC133 PGC111 PGC109 PGC107 PGC105 PGC103 PGC101 HB101 SGC105 SGC103 SGC101 SGC109WSGC101 WSGC103 WSGC105 WSGC107 SC105 WSGC109SC101 SC103 CC101 SLC105 SLC109 SLC111 SLC113 SLC117 SLC119 SLC121 SLC123 TC115 TC107 TC105 TC103 TC101 SLC103 SLC107 TC111 TC113 TC117 TC137 TC135HC133 HC125 HC127 HC119 HC123 HC121 HC115 HC117 HC111 HC109 HC113 HC105 HC107 HC103 HC101 EF105 EF101 EF103 EF107 EF109 EF113 EF111 EF115 EF117 EF121 EF119 EF123 EF125 TC109 SLC115 CC103 36 '' 36 ''21 ''8 ' ' 8 ''8 ''1 8 ' '8 ''8 '' 8 '' 8 '' 8 '' 27 ''8 ' '12 ''24 ''42 ''8 ' '27 ''42 ''10 ''8 ''12 ''8 ''15 '' 54 ' ' 10 '' 1 2 ' ' 60 ''10 ''8 ''24 ''18 ''15 ' ' 2 4 ' '8 ''18 '' 8 '' 8 ''8 ''10 ' '30 ''8 ''21 ''8 ' '18 ''8 ''8 ''8 ''48 ''15 '' 21 '' 18 '' 1 5 ' '21 ''27 ''27 ''8 '' 8 '' 21 '' 8 ''8 ''48 ''21 ''36 '' 1 2 ' '8 ''10 ''1 8 ' '8 ''15 '' 8 ''10 ''18 ''8 ' ' 3 0 ' ' 30 ''18 ' ' 3 6 ' ' 8 '' 15 ' ' 8 ''24 ''8 '' 10 '' 8 ''8 ''24 ''8 ''10 ''10 ''15 ''PROPOSED ANNA RANCH LIFT STATION EXISTING COYOTE MEADOWS LIFT STATION EXISTING CAMDEN PARC LIFT STATION EXISTING ELIZABETH STREET LIFT STATION EXISTING NORTH POINTE LIFT STATION CAPACITY: 745 GPM EXISTING LIFT STATION CAPACITY: 100 GPM EXISTING LIFT STATION CAPACITY: 34 GPM CITY OF ANNA WASTEWATER MASTER PLAN FIGURE WWMP Kimley-Horn and Associates, Inc.File Path: K:\MKN_Civil\City of Anna - Master Data\GIS\Anna_Wastewater Master Plan.aprxLast Saved: 9/1/2023 1:51 PMI 0 4,0002,000 Feet NTMWD Clement Creek P.O.E. Existing Peak: 1.35 MGD Buildout Peak: 4.72 MGD NTMWD Throckmorton Creek P.O.E. Existing Peak: 7.20 MGD Existing WWTP Treats 2.0 MGD Peak Buildout Peak: 35.96 MGD Buildout WWTP Treats 18.0 MGD Peak Throckmorton Creek/ Trinity River Interceptor Contracted Capacity Upstream: 5.60 MGD (2014) Contracted Capacity Downstream: 9.60 MGD (2014) Clement Creek Contracted Capacity: 3.0 MGD (2014) Text Legend Lift Stations Wastewater Subbasin Clement Creek Clement Creek Existing East Fork Trinity Harrington Branch Hurricane Creek Clement Creek Existing Sister Grove Creek Slayter Creek Throckmorton Creek West Sister Grove Creek Stiff Creek !Proposed WWTP g Proposed Lift Station !Existing WWTP !!2 Existing Manhole Existing Force Main Existing Wastewater Proposed Manhole Proposed Force Main Streams parcels Planning Boundary Floodplain Van Alstyne/Mantua P.O.E. Peak Flow = 13.88 MGD Weston P.O.E. #1 Peak Flow = 0.50 MGD Weston P.O.E. #2 Peak Flow = 0.50 MGD Weston P.O.E. #3 Peak Flow = 0.50 MGD Weston P.O.E. #4 Peak Flow = 0.50 MGD Weston P.O.E. #5 Peak Flow = 0.50 MGD Weston P.O.E. #6 Peak Flow = 0.50 MGD Weston P.O.E. #7 Peak Flow = 0.50 MGD Harrington Branch WWTP Phase 1 Capacity: 1 MGD Phase 2 Capacity: 2 MGD Phase 3 Capacity: 2.5 MGD Hurricane Creek WWTP Phase 1 Capacity: 4 MGD Phase 2 Capacity: 8 MGD Phase 3 Capacity: 16 MGD Slayter Creek WWTP Existing Capacity: 0.5 MGD Phase 3 Capacity: 0.975 MGD Expansion Capacity: 4.5 MGD Van Alstyne P.O.E. Peak Flow = 20.48 MGD Stiff Creek P.O.E. Buildout Peak: 2.77 MGD Item No. 7.h. City Council Agenda Staff Report Meeting Date: 5/28/2024 Staff Contact: Gregory Peters AGENDA ITEM: Consider/Discuss/Action on a Resolution of the City Council of the City of Anna, Texas, finding that a public necessity exists for acquisition of a permanent sanitary sewer line easement on and across 0.1977 acres of real property for the construction and maintenance of the Hurricane Creek Trunk Sewer Line Northern Extension, in a form approved by the City Attorney. (Assistant City Manager Greg Peters, P.E.) SUMMARY: This item is related to the construction of the northern extension of the Hurricane Creek Trunk Sewer Line. Easements are required in order to provide for the construction, installation, and long-term maintenance of the trunk sewer. This is a critical infrastructure project which will provide access to city sewer for the west side of US 75 in the City of Anna. The City has been working with a property acquisition consultant to purchase the necessary easements for the project. The attached resolution is a necessary step in the process to provide staff direction and authority to complete negotiations with the landowner for the acquisition. There is specific language which must be read into the motion should the City Council choose to approve this item. The language has been printed and provided to the City Council for their consideration. FINANCIAL IMPACT: This item has no financial impact at this time. The existing project budget includes funds for easement acquisition. BACKGROUND: The trunk sewer is shown in the Wastewater Master Plan and the 10-year Capital Improvement Plan for the City of Anna, and is required in order to provide gravity sewer to properties west of US 75. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Anna Group LLC Parcel 4b 2. City of Anna - Wastewater Master Plan CITY OF ANNA, TEXAS RESOLUTION NO. ______ PAGE 1 OF 6 CITY OF ANNA, TEXAS RESOLUTION NO. __________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT SANITARY SEWER LINE EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.1977 ACRES OF REAL PROPERTY, MORE OR LESS, AND A TEMPORARY CONSTRUCTION EASEMENT PROVIDING TEMPORARY LIMITED RIGHTS ON AND UNDER .1561 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY’S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Anna plans to construct and/or install sanitary sewer lines and associated appurtenances to meet the public need to provide sanitary sewer system improvements to benefit the City of Anna, its citizens and the general health, safety and welfare; and WHEREAS, it is necessary to acquire a certain permanent sanitary sewer line easement not now held by the City of Anna for such sanitary sewer system improvements; and WHEREAS, it is necessary for the City to use its authority to pursue negotiations for the acquisition of said easements and/or to pursue the easements under power of eminent domain; and WHEREAS, the City Council of the City of Anna, Texas (“City Council”), after careful consideration, finds that a public necessity exists for acquisition of a permanent sanitary sewer line easement and a temporary construction easement, respectively providing limited rights on and under 0.1977 acres of real property, more or less, and 0.1561 acres of real property, more or less, said tracts being more particularly described in Section 2 of this resolution, for the purposes of constructing, laying, maintaining, repairing and/or replacing of sanitary sewer lines and related appurtenances, and benefiting the public health, safety and welfare; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Incorporation of Recitals; Purpose 1.01 The City Council finds that the above-stated recitals are true and correct and said recitals are incorporated herein as if set forth in full for all purposes. CITY OF ANNA, TEXAS RESOLUTION NO. ______ PAGE 2 OF 6 1.02 This resolution is intended to comply in all respects with Texas Government Code § 2206.001, et seq., Texas Local Government Code § 251.001, et seq., and Texas Property Code § 21.001 et seq., to the extent the provisions of such statutes are applicable, and to comply with all other applicable law. 1.03 The City Council, by this resolution, intends, if necessary, to exercise the City’s powers of eminent domain under Texas Local Government Code § 251.001 and any and all other applicable law. Section 2. Easements to be Acquired (a) The necessary permanent sanitary sewer line easement sought to be acquired will provide limited rights on and under a portion of a tract of real property, said portion totaling approximately 0.1977 acres of real property (the “Permanent Sanitary Sewer Line Easement”), held by Anna Group, LLC, and/or others. Said approximate 0.1977 acres of real property is generally aligned and described as shown in Exhibit A, attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. The precise permanent easement to be acquired may differ from what is shown in said alignment and description but said alignment and description approximates the general route and general area of the permanent sanitary sewer line easement to be acquired. (b) The necessary temporary construction easement sought to be acquired will provide temporary limited rights on and under a portion of a tract of real property, said portion totaling approximately 0.1561 acres of real property (the “Temporary Construction Easement”), held by Anna Group, LLC, and/or others. Said approximate 0.1561 acres of real property is generally aligned and described as shown in Exhibit A, attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. The precise temporary easement to be acquired may differ from what is shown in said alignment and description but said alignment and description approximates the general route and general area of the temporary construction easement to be acquired. Section 3. Finding of Public Necessity and Authorization to Take Action 3.01 The City Council finds a public necessity for the public welfare and convenience to acquire the Permanent Sanitary Sewer Line Easement and Temporary Construction Easement identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing sanitary sewer lines and related appurtenances. The City Council authorizes the City Manager, City CITY OF ANNA, TEXAS RESOLUTION NO. ______ PAGE 3 OF 6 staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal counsel if determined necessary by said attorneys, to acquire the needed Permanent Sanitary Sewer Line Easement and Temporary Construction Easement by any lawful means including but not limited to negotiations with landowners and, if necessary, proceedings in eminent domain. 3.02 The City Council by this resolution directs the City Manager, his staff, and Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal counsel if determined necessary by said attorneys—as necessary and in the appropriate sequence—to have the Permanent Sanitary Sewer Line Easement and Temporary Construction Easement appraised by a certified appraiser, to send the landowner(s) a copy of the appraisal and the State of Texas Landowner’s Bill of Rights prepared by the Office of the Attorney General of Texas, to enter into good-faith negotiations with the landowner(s), to make a bona-fide offer and make any necessary initial and final monetary offers in an attempt to acquire the Permanent Sanitary Sewer Line Easement and Temporary Construction Easement consistent with the appraisal(s), when appropriate, and to convey the City’s desire to acquire the Permanent Sanitary Sewer Line Easement and Temporary Construction Easement in an efficient manner, and, if necessary, to institute proceedings in eminent domain and take all necessary actions in such proceedings to condemn and acquire the Permanent Sanitary Sewer Line Easement and Temporary Construction Easement. The City Council hereby authorizes and ratifies any such actions taken thus far, and hereby further asserts its full authority, to the greatest extent p rovided by law, to acquire the Permanent Sanitary Sewer Line Easement and Temporary Construction Easement identified in Section 2, above. Section 4. Effective Date. This resolution shall take effect immediately upon its passage. PASSED AND APPROVED by the City Council of the City of Anna, Texas, this ___ day of ___________________ 2024. ATTESTED: APPROVED: Carrie L. Land, City Secretary Pete Cain, Mayor PARCEL 4 ADDENDUM C PAGE C.3 PARCEL 4 ADDENDUM C PAGE C.4 PARCEL 4 ADDENDUM C PAGE C.6 PARCEL 4 ADDENDUM C PAGE C.7 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2!!2!!2!!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2!!2 !!2!!2!!2 !!2 !!2 !!2 !!2 !!2!!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2!!2!!2!!2 !!2!!2!!2!!2!!2!!2!!2!!2!!2!!2!!2 !!2!!2!!2!!2!!2!!2!!2!!2!!2 !!2 !!2 !!2 !!2!!2 !!2!!2!!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2!!2 !!2!!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2 !!2 !!2 !!2!!2!!2 !!2 !!2!!2 !!2!!2 !!2!!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2!!2!!2!!2!!2!!2!!2 !!2 !!2 !!2!!2 !!2 !!2!!2!!2!!2 !!2!!2!!2!!2 !!2 !!2 !!2!!2!!2 !!2!!2!!2!!2!!2 !!2!!2 !!2 !!2!!2!!2 !!2 !!2 !!2 !!2 !!2!!2!!2 !!2 !!2 !!2!!2!!2 !!2!!2!!2 !!2 !!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2!!2!!2!!2 !!2 !!2 ! g g g g ! !COUNTY ROAD 511FM 2862 COUNTYROAD 480FM 455 COUNTYROAD3 7 0 COUNTYROAD371 OUTER LOOP FM 2862COUNTY ROAD 286 18''18''21''21''15''15''15'' 21''24''24''12''24''21''21''21''21''15''15''15''18''18''15''§¨¦75 ¬«121")455 ")455 ¬«5 PROPOSED PILOT GROVE LIFT STATION #3 CAPACITY: 270 GPM PROPOSED PILOT GROVE LIFT STATION #2 CAPACITY: 255 GPM PROPOSED PILOT GROVE LIFT STATION #1 CAPACITY: 215 GPM PROPOSED THROCKMORTON CREEK LIFT STATION CAPACITY: 2250 GPM EF131 EF129 EF127 SGC155 SGC123 WSGC117 WSGC119 SGC125 SGC143 SGC145 SGC127 SGC141 SGC147 SGC153 SGC151 SGC149 SGC139 SGC137 SGC129 SGC121 SGC113 SGC111 SGC115 SGC131 SGC119 SGC117 SGC107 SGC133 PGC111 PGC109 PGC107 PGC105 PGC103 PGC101 HB101 SGC105 SGC103 SGC101 SGC109WSGC101 WSGC103 WSGC105 WSGC107 SC105 WSGC109SC101 SC103 CC101 SLC105 SLC109 SLC111 SLC113 SLC117 SLC119 SLC121 SLC123 TC115 TC107 TC105 TC103 TC101 SLC103 SLC107 TC111 TC113 TC117 TC137 TC135HC133 HC125 HC127 HC119 HC123 HC121 HC115 HC117 HC111 HC109 HC113 HC105 HC107 HC103 HC101 EF105 EF101 EF103 EF107 EF109 EF113 EF111 EF115 EF117 EF121 EF119 EF123 EF125 TC109 SLC115 CC103 36 '' 36 ''21 ''8 ' ' 8 ''8 ''1 8 ' '8 ''8 '' 8 '' 8 '' 8 '' 27 ''8 ' '12 ''24 ''42 ''8 ' '27 ''42 ''10 ''8 ''12 ''8 ''15 '' 54 ' ' 10 '' 1 2 ' ' 60 ''10 ''8 ''24 ''18 ''15 ' ' 2 4 ' '8 ''18 '' 8 '' 8 ''8 ''10 ' '30 ''8 ''21 ''8 ' '18 ''8 ''8 ''8 ''48 ''15 '' 21 '' 18 '' 1 5 ' '21 ''27 ''27 ''8 '' 8 '' 21 '' 8 ''8 ''48 ''21 ''36 '' 1 2 ' '8 ''10 ''1 8 ' '8 ''15 '' 8 ''10 ''18 ''8 ' ' 3 0 ' ' 30 ''18 ' ' 3 6 ' ' 8 '' 15 ' ' 8 ''24 ''8 '' 10 '' 8 ''8 ''24 ''8 ''10 ''10 ''15 ''PROPOSED ANNA RANCH LIFT STATION EXISTING COYOTE MEADOWS LIFT STATION EXISTING CAMDEN PARC LIFT STATION EXISTING ELIZABETH STREET LIFT STATION EXISTING NORTH POINTE LIFT STATION CAPACITY: 745 GPM EXISTING LIFT STATION CAPACITY: 100 GPM EXISTING LIFT STATION CAPACITY: 34 GPM CITY OF ANNA WASTEWATER MASTER PLAN FIGURE WWMP Kimley-Horn and Associates, Inc.File Path: K:\MKN_Civil\City of Anna - Master Data\GIS\Anna_Wastewater Master Plan.aprxLast Saved: 9/1/2023 1:51 PMI 0 4,0002,000 Feet NTMWD Clement Creek P.O.E. Existing Peak: 1.35 MGD Buildout Peak: 4.72 MGD NTMWD Throckmorton Creek P.O.E. Existing Peak: 7.20 MGD Existing WWTP Treats 2.0 MGD Peak Buildout Peak: 35.96 MGD Buildout WWTP Treats 18.0 MGD Peak Throckmorton Creek/ Trinity River Interceptor Contracted Capacity Upstream: 5.60 MGD (2014) Contracted Capacity Downstream: 9.60 MGD (2014) Clement Creek Contracted Capacity: 3.0 MGD (2014) Text Legend Lift Stations Wastewater Subbasin Clement Creek Clement Creek Existing East Fork Trinity Harrington Branch Hurricane Creek Clement Creek Existing Sister Grove Creek Slayter Creek Throckmorton Creek West Sister Grove Creek Stiff Creek !Proposed WWTP g Proposed Lift Station !Existing WWTP !!2 Existing Manhole Existing Force Main Existing Wastewater Proposed Manhole Proposed Force Main Streams parcels Planning Boundary Floodplain Van Alstyne/Mantua P.O.E. Peak Flow = 13.88 MGD Weston P.O.E. #1 Peak Flow = 0.50 MGD Weston P.O.E. #2 Peak Flow = 0.50 MGD Weston P.O.E. #3 Peak Flow = 0.50 MGD Weston P.O.E. #4 Peak Flow = 0.50 MGD Weston P.O.E. #5 Peak Flow = 0.50 MGD Weston P.O.E. #6 Peak Flow = 0.50 MGD Weston P.O.E. #7 Peak Flow = 0.50 MGD Harrington Branch WWTP Phase 1 Capacity: 1 MGD Phase 2 Capacity: 2 MGD Phase 3 Capacity: 2.5 MGD Hurricane Creek WWTP Phase 1 Capacity: 4 MGD Phase 2 Capacity: 8 MGD Phase 3 Capacity: 16 MGD Slayter Creek WWTP Existing Capacity: 0.5 MGD Phase 3 Capacity: 0.975 MGD Expansion Capacity: 4.5 MGD Van Alstyne P.O.E. Peak Flow = 20.48 MGD Stiff Creek P.O.E. Buildout Peak: 2.77 MGD Item No. 7.i. City Council Agenda Staff Report Meeting Date: 5/28/2024 Staff Contact: Gregory Peters AGENDA ITEM: Consider/Discuss/Action on a Resolution of the City Council of the City of Anna, Texas, finding that a public necessity exists for acquisition of a permanent sanitary sewer line easement on and across 0.3652 acres of real property for the construction and maintenance of the Hurricane Creek Trunk Sewer Line Northern Extension, in a form approved by the City Attorney. (Assistant City Manager Greg Peters, P.E.) SUMMARY: This item is related to the construction of the northern extension of the Hurricane Creek Trunk Sewer Line. Easements are required in order to provide for the construction, installation, and long-term maintenance of the trunk sewer. This is a critical infrastructure project which will provide access to city sewer for the west side of US 75 in the City of Anna. The City has been working with a property acquisition consultant to purchase the necessary easements for the project. The attached resolution is a necessary step in the process to provide staff direction and authority to complete negotiations with the landowner for the acquisition. There is specific language which must be read into the motion should the City Council choose to approve this item. The language has been printed and provided to the City Council for their consideration. FINANCIAL IMPACT: This item has no financial impact at this time. The existing project budget includes funds for easement acquisition. BACKGROUND: The trunk sewer is shown in the Wastewater Master Plan and the 10-year Capital Improvement Plan for the City of Anna, and is required in order to provide gravity sewer to properties west of US 75. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Parcel 2A Valinda Plaza, LLC 2. City of Anna - Wastewater Master Plan CITY OF ANNA, TEXAS RESOLUTION NO. ______ PAGE 1 OF 6 CITY OF ANNA, TEXAS RESOLUTION NO. __________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT SANITARY SEWER LINE EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.3652 ACRES OF REAL PROPERTY, MORE OR LESS, AND A TEMPORARY CONSTRUCTION EASEMENT PROVIDING TEMPORARY LIMITED RIGHTS ON AND UNDER 0.3375 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY’S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Anna plans to construct and/or install sanitary sewer lines and associated appurtenances to meet the public need to provide sanitary sewer system improvements to benefit the City of Anna, its citizens and the general health, safety and welfare; and WHEREAS, it is necessary to acquire a certain permanent sanitary sewer line easement not now held by the City of Anna for such sanitary sewer system improvements; and WHEREAS, it is necessary for the City to use its authority to pursue negotiations for the acquisition of said easements and/or to pursue the easements under power of eminent domain; and WHEREAS, the City Council of the City of Anna, Texas (“City Council”), after careful consideration, finds that a public necessity exists for acquisition of a permanent sanitary sewer line easement and a temporary construction easement, respectively providing limited rights on and under 0.3652 acres of real property, more or less, and 0.3375 acres of real property, more or less, said tracts being more particularly described in Section 2 of this resolution, for the purposes of constructing, laying, maintaining, repairing and/or replacing of sanitary sewer lines and related appurtenances, and benefiting the public health, safety and welfare; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Incorporation of Recitals; Purpose 1.01 The City Council finds that the above-stated recitals are true and correct and said recitals are incorporated herein as if set forth in full for all purposes. CITY OF ANNA, TEXAS RESOLUTION NO. ______ PAGE 2 OF 6 1.02 This resolution is intended to comply in all respects with Texas Government Code § 2206.001, et seq., Texas Local Government Code § 251.001, et seq., and Texas Property Code § 21.001 et seq., to the extent the provisions of such statutes are applicable, and to comply with all other applicable law. 1.03 The City Council, by this resolution, intends, if necessary, to exercise the City’s powers of eminent domain under Texas Local Government Code § 251.001 and any and all other applicable law. Section 2. Easements to be Acquired (a) The necessary permanent sanitary sewer line easement sought to be acquired will provide limited rights on and under a portion of a tract of real property, said portion totaling approximately 0.3652 acres of real property (the “Permanent Sanitary Sewer Line Easement”), held by Valinda Plaza, LLC, and/or others. Said approximate 0.3652 acres of real property is generally aligned and described as shown in Exhibit A, attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. The precise permanent easement to be acquired may differ from what is shown in said alignment and description but said alignment and description approximates the general route and general area of the permanent sanitary sewer line easement to be acquired. (b) The necessary temporary construction easement sought to be acquired will provide temporary limited rights on and under a portion of a tract of real property, said portion totaling approximately 0.3775 acres of real property (the “Temporary Construction Easement”), held by Valinda Plaza, LLC, and/or others. Said approximate 0.3775 acres of real property is generally aligned and described as shown in Exhibit A, attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. The precise temporary easement to be acquired may differ from what is shown in said alignment and description but said alignment and description approximates the general route and general area of the temporary construction easement to be acquired. Section 3. Finding of Public Necessity and Authorization to Take Action 3.01 The City Council finds a public necessity for the public welfare and convenience to acquire the Permanent Sanitary Sewer Line Easement and Temporary Construction Easement identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing sanitary sewer lines CITY OF ANNA, TEXAS RESOLUTION NO. ______ PAGE 3 OF 6 and related appurtenances. The City Council authorizes the City Manager, City staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal counsel if determined necessary by said attorneys, to acquire the needed Permanent Sanitary Sewer Line Easement and Temporary Construction Easement by any lawful means including but not limited to negotiations with landowners and, if necessary, proceedings in eminent domain. 3.02 The City Council by this resolution directs the City Manager, his staff, and Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal counsel if determined necessary by said attorneys—as necessary and in the appropriate sequence—to have the Permanent Sanitary Sewer Line Easement and Temporary Construction Easement appraised by a certified appraiser, to send the landowner(s) a copy of the appraisal and the State of Texas Landowner’s Bill of Rights prepared by the Office of the Attorney General of Texas, to enter into good-faith negotiations with the landowner(s), to make a bona-fide offer and make any necessary initial and final monetary offers in an attempt to acquire the Permanent Sanitary Sewer Line Easement and Temporary Construction Easement consistent with the appraisal(s), when appropriate, and to convey the City’s desire to acquire the Permanent Sanitary Sewer Line Easement and Temporary Construction Easement in an efficient manner, and, if necessary, to institute proceedings in eminent domain and take all necessary actions in such proceedings to condemn and acquire the Permanent Sanitary Sewer Line Easement and Temporary Construction Easement. The City Council hereby authorizes and ratifies any such actions taken thus far, and hereby further asserts its full authority, to the greatest extent p rovided by law, to acquire the Permanent Sanitary Sewer Line Easement and Temporary Construction Easement identified in Section 2, above. Section 4. Effective Date. This resolution shall take effect immediately upon its passage. PASSED AND APPROVED by the City Council of the City of Anna, Texas, this ___ day of ___________________ 2024. ATTESTED: APPROVED: Carrie L. Land, City Secretary Pete Cain, Mayor PARCELS 2 AND 3 ADDENDUM C PAGE C.2 PARCELS 2 AND 3 ADDENDUM C PAGE C.3 PARCELS 2 AND 3 ADDENDUM C PAGE C.6 PARCELS 2 AND 3 ADDENDUM C PAGE C.7 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2!!2!!2!!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2!!2 !!2!!2!!2 !!2 !!2 !!2 !!2 !!2!!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2!!2!!2!!2 !!2!!2!!2!!2!!2!!2!!2!!2!!2!!2!!2 !!2!!2!!2!!2!!2!!2!!2!!2!!2 !!2 !!2 !!2 !!2!!2 !!2!!2!!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2!!2 !!2!!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2 !!2 !!2 !!2!!2!!2 !!2 !!2!!2 !!2!!2 !!2!!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2!!2!!2!!2!!2!!2!!2 !!2 !!2 !!2!!2 !!2 !!2!!2!!2!!2 !!2!!2!!2!!2 !!2 !!2 !!2!!2!!2 !!2!!2!!2!!2!!2 !!2!!2 !!2 !!2!!2!!2 !!2 !!2 !!2 !!2 !!2!!2!!2 !!2 !!2 !!2!!2!!2 !!2!!2!!2 !!2 !!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2!!2!!2!!2 !!2 !!2 ! g g g g ! !COUNTY ROAD 511FM 2862 COUNTYROAD 480FM 455 COUNTYROAD3 7 0 COUNTYROAD371 OUTER LOOP FM 2862COUNTY ROAD 286 18''18''21''21''15''15''15'' 21''24''24''12''24''21''21''21''21''15''15''15''18''18''15''§¨¦75 ¬«121")455 ")455 ¬«5 PROPOSED PILOT GROVE LIFT STATION #3 CAPACITY: 270 GPM PROPOSED PILOT GROVE LIFT STATION #2 CAPACITY: 255 GPM PROPOSED PILOT GROVE LIFT STATION #1 CAPACITY: 215 GPM PROPOSED THROCKMORTON CREEK LIFT STATION CAPACITY: 2250 GPM EF131 EF129 EF127 SGC155 SGC123 WSGC117 WSGC119 SGC125 SGC143 SGC145 SGC127 SGC141 SGC147 SGC153 SGC151 SGC149 SGC139 SGC137 SGC129 SGC121 SGC113 SGC111 SGC115 SGC131 SGC119 SGC117 SGC107 SGC133 PGC111 PGC109 PGC107 PGC105 PGC103 PGC101 HB101 SGC105 SGC103 SGC101 SGC109WSGC101 WSGC103 WSGC105 WSGC107 SC105 WSGC109SC101 SC103 CC101 SLC105 SLC109 SLC111 SLC113 SLC117 SLC119 SLC121 SLC123 TC115 TC107 TC105 TC103 TC101 SLC103 SLC107 TC111 TC113 TC117 TC137 TC135HC133 HC125 HC127 HC119 HC123 HC121 HC115 HC117 HC111 HC109 HC113 HC105 HC107 HC103 HC101 EF105 EF101 EF103 EF107 EF109 EF113 EF111 EF115 EF117 EF121 EF119 EF123 EF125 TC109 SLC115 CC103 36 '' 36 ''21 ''8 ' ' 8 ''8 ''1 8 ' '8 ''8 '' 8 '' 8 '' 8 '' 27 ''8 ' '12 ''24 ''42 ''8 ' '27 ''42 ''10 ''8 ''12 ''8 ''15 '' 54 ' ' 10 '' 1 2 ' ' 60 ''10 ''8 ''24 ''18 ''15 ' ' 2 4 ' '8 ''18 '' 8 '' 8 ''8 ''10 ' '30 ''8 ''21 ''8 ' '18 ''8 ''8 ''8 ''48 ''15 '' 21 '' 18 '' 1 5 ' '21 ''27 ''27 ''8 '' 8 '' 21 '' 8 ''8 ''48 ''21 ''36 '' 1 2 ' '8 ''10 ''1 8 ' '8 ''15 '' 8 ''10 ''18 ''8 ' ' 3 0 ' ' 30 ''18 ' ' 3 6 ' ' 8 '' 15 ' ' 8 ''24 ''8 '' 10 '' 8 ''8 ''24 ''8 ''10 ''10 ''15 ''PROPOSED ANNA RANCH LIFT STATION EXISTING COYOTE MEADOWS LIFT STATION EXISTING CAMDEN PARC LIFT STATION EXISTING ELIZABETH STREET LIFT STATION EXISTING NORTH POINTE LIFT STATION CAPACITY: 745 GPM EXISTING LIFT STATION CAPACITY: 100 GPM EXISTING LIFT STATION CAPACITY: 34 GPM CITY OF ANNA WASTEWATER MASTER PLAN FIGURE WWMP Kimley-Horn and Associates, Inc.File Path: K:\MKN_Civil\City of Anna - Master Data\GIS\Anna_Wastewater Master Plan.aprxLast Saved: 9/1/2023 1:51 PMI 0 4,0002,000 Feet NTMWD Clement Creek P.O.E. Existing Peak: 1.35 MGD Buildout Peak: 4.72 MGD NTMWD Throckmorton Creek P.O.E. Existing Peak: 7.20 MGD Existing WWTP Treats 2.0 MGD Peak Buildout Peak: 35.96 MGD Buildout WWTP Treats 18.0 MGD Peak Throckmorton Creek/ Trinity River Interceptor Contracted Capacity Upstream: 5.60 MGD (2014) Contracted Capacity Downstream: 9.60 MGD (2014) Clement Creek Contracted Capacity: 3.0 MGD (2014) Text Legend Lift Stations Wastewater Subbasin Clement Creek Clement Creek Existing East Fork Trinity Harrington Branch Hurricane Creek Clement Creek Existing Sister Grove Creek Slayter Creek Throckmorton Creek West Sister Grove Creek Stiff Creek !Proposed WWTP g Proposed Lift Station !Existing WWTP !!2 Existing Manhole Existing Force Main Existing Wastewater Proposed Manhole Proposed Force Main Streams parcels Planning Boundary Floodplain Van Alstyne/Mantua P.O.E. Peak Flow = 13.88 MGD Weston P.O.E. #1 Peak Flow = 0.50 MGD Weston P.O.E. #2 Peak Flow = 0.50 MGD Weston P.O.E. #3 Peak Flow = 0.50 MGD Weston P.O.E. #4 Peak Flow = 0.50 MGD Weston P.O.E. #5 Peak Flow = 0.50 MGD Weston P.O.E. #6 Peak Flow = 0.50 MGD Weston P.O.E. #7 Peak Flow = 0.50 MGD Harrington Branch WWTP Phase 1 Capacity: 1 MGD Phase 2 Capacity: 2 MGD Phase 3 Capacity: 2.5 MGD Hurricane Creek WWTP Phase 1 Capacity: 4 MGD Phase 2 Capacity: 8 MGD Phase 3 Capacity: 16 MGD Slayter Creek WWTP Existing Capacity: 0.5 MGD Phase 3 Capacity: 0.975 MGD Expansion Capacity: 4.5 MGD Van Alstyne P.O.E. Peak Flow = 20.48 MGD Stiff Creek P.O.E. Buildout Peak: 2.77 MGD Item No. 7.j. City Council Agenda Staff Report Meeting Date: 5/28/2024 Staff Contact: Gregory Peters AGENDA ITEM: Consider/Discuss/Action on a Resolution of the City Council of the City of Anna, Texas, finding that a public necessity exists for acquisition of a permanent sanitary sewer line easement on and across 0.5034 acres of real property for the construction and maintenance of the Hurricane Creek Trunk Sewer Line Northern Extension, in a form approved by the City Attorney. (Assistant City Manager Greg Peters, P.E.) SUMMARY: This item is related to the construction of the northern extension of the Hurricane Creek Trunk Sewer Line. Easements are required in order to provide for the construction, installation, and long-term maintenance of the trunk sewer. This is a critical infrastructure project which will provide access to city sewer for the west side of US 75 in the City of Anna. The City has been working with a property acquisition consultant to purchase the necessary easements for the project. The attached resolution is a necessary step in the process to provide staff direction and authority to complete negotiations with the landowner for the acquisition. There is specific language which must be read into the motion should the City Council choose to approve this item. The language has been printed and provided to the City Council for their consideration. FINANCIAL IMPACT: This item has no financial impact at this time. The existing project budget includes funds for easement acquisition. BACKGROUND: The trunk sewer is shown in the Wastewater Master Plan and the 10-year Capital Improvement Plan for the City of Anna, and is required in order to provide gravity sewer to properties west of US 75. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Parcel 3B Valinda Plaza LLC 2. City of Anna - Wastewater Master Plan CITY OF ANNA, TEXAS RESOLUTION NO. ______ PAGE 1 OF 6 CITY OF ANNA, TEXAS RESOLUTION NO. __________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT SANITARY SEWER LINE EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.5034 ACRES OF REAL PROPERTY, MORE OR LESS, AND A TEMPORARY CONSTRUCTION EASEMENT PROVIDING TEMPORARY LIMITED RIGHTS ON AND UNDER 0.4328 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY’S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Anna plans to construct and/or install sanitary sewer lines and associated appurtenances to meet the public need to provide sanitary sewer system improvements to benefit the City of Anna, its citizens and the general health, safety and welfare; and WHEREAS, it is necessary to acquire a certain permanent sanitary sewer line easement not now held by the City of Anna for such sanitary sewer system improvements; and WHEREAS, it is necessary for the City to use its authority to pursue negotiations for the acquisition of said easements and/or to pursue the easements under power of eminent domain; and WHEREAS, the City Council of the City of Anna, Texas (“City Council”), after careful consideration, finds that a public necessity exists for acquisition of a permanent sanitary sewer line easement and a temporary construction easement, respectively providing limited rights on and under 0.5034 acres of real property, more or less, and 0.4328 acres of real property, more or less, said tracts being more particularly described in Section 2 of this resolution, for the purposes of constructing, laying, maintaining, repairing and/or replacing of sanitary sewer lines and related appurtenances, and benefiting the public health, safety and welfare; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Incorporation of Recitals; Purpose 1.01 The City Council finds that the above-stated recitals are true and correct and said recitals are incorporated herein as if set forth in full for all purposes. CITY OF ANNA, TEXAS RESOLUTION NO. ______ PAGE 2 OF 6 1.02 This resolution is intended to comply in all respects with Texas Government Code § 2206.001, et seq., Texas Local Government Code § 251.001, et seq., and Texas Property Code § 21.001 et seq., to the extent the provisions of such statutes are applicable, and to comply with all other applicable law. 1.03 The City Council, by this resolution, intends, if necessary, to exercise the City’s powers of eminent domain under Texas Local Government Code § 251.001 and any and all other applicable law. Section 2. Easements to be Acquired (a) The necessary permanent sanitary sewer line easement sought to be acquired will provide limited rights on and under a portion of a tract of real property, said portion totaling approximately 0.5034 acres of real property (the “Permanent Sanitary Sewer Line Easement”), held by Valinda Plaza, LLC, and/or others. Said approximate 0.5034 acres of real property is generally aligned and described as shown in Exhibit A, attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. The precise permanent easement to be acquired may differ from what is shown in said alignment and description but said alignment and description approximates the general route and general area of the permanent sanitary sewer line easement to be acquired. (b) The necessary temporary construction easement sought to be acquired will provide temporary limited rights on and under a portion of a tract of real property, said portion totaling approximately 0.4328 acres of real property (the “Temporary Construction Easement”), held by Valinda Plaza, LLC, and/or others. Said approximate 0.4328 acres of real property is generally aligned and described as shown in Exhibit A, attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. The precise temporary easement to be acquired may differ from what is shown in said alignment and description but said alignment and description approximates the general route and general area of the temporary construction easement to be acquired. Section 3. Finding of Public Necessity and Authorization to Take Action 3.01 The City Council finds a public necessity for the public welfare and convenience to acquire the Permanent Sanitary Sewer Line Easement and Temporary Construction Easement identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing sanitary sewer lines CITY OF ANNA, TEXAS RESOLUTION NO. ______ PAGE 3 OF 6 and related appurtenances. The City Council authorizes the City Manager, City staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal counsel if determined necessary by said attorneys, to acquire the needed Permanent Sanitary Sewer Line Easement and Temporary Construction Easement by any lawful means including but not limited to negotiations with landowners and, if necessary, proceedings in eminent domain. 3.02 The City Council by this resolution directs the City Manager, his staff, and Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal counsel if determined necessary by said attorneys—as necessary and in the appropriate sequence—to have the Permanent Sanitary Sewer Line Easement and Temporary Construction Easement appraised by a certified appraiser, to send the landowner(s) a copy of the appraisal and the State of Texas Landowner’s Bill of Rights prepared by the Office of the Attorney General of Texas, to enter into good-faith negotiations with the landowner(s), to make a bona-fide offer and make any necessary initial and final monetary offers in an attempt to acquire the Permanent Sanitary Sewer Line Easement and Temporary Construction Easement consistent with the appraisal(s), when appropriate, and to convey the City’s desire to acquire the Permanent Sanitary Sewer Line Easement and Temporary Construction Easement in an efficient manner, and, if necessary, to institute proceedings in eminent domain and take all necessary actions in such proceedings to condemn and acquire the Permanent Sanitary Sewer Line Easement and Temporary Construction Easement. The City Council hereby authorizes and ratifies any such actions taken thus far, and hereby further asserts its full authority, to the greatest extent p rovided by law, to acquire the Permanent Sanitary Sewer Line Easement and Temporary Construction Easement identified in Section 2, above. Section 4. Effective Date. This resolution shall take effect immediately upon its passage. PASSED AND APPROVED by the City Council of the City of Anna, Texas, this ___ day of ___________________ 2024. ATTESTED: APPROVED: Carrie L. Land, City Secretary Pete Cain, Mayor PARCELS 2 AND 3 ADDENDUM C PAGE C.4 PARCELS 2 AND 3 ADDENDUM C PAGE C.5 PARCELS 2 AND 3 ADDENDUM C PAGE C.8 PARCELS 2 AND 3 ADDENDUM C PAGE C.9 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2!!2!!2!!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2!!2 !!2!!2!!2 !!2 !!2 !!2 !!2 !!2!!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2!!2!!2!!2 !!2!!2!!2!!2!!2!!2!!2!!2!!2!!2!!2 !!2!!2!!2!!2!!2!!2!!2!!2!!2 !!2 !!2 !!2 !!2!!2 !!2!!2!!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2!!2 !!2!!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2 !!2 !!2 !!2!!2!!2 !!2 !!2!!2 !!2!!2 !!2!!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2!!2!!2!!2!!2!!2!!2 !!2 !!2 !!2!!2 !!2 !!2!!2!!2!!2 !!2!!2!!2!!2 !!2 !!2 !!2!!2!!2 !!2!!2!!2!!2!!2 !!2!!2 !!2 !!2!!2!!2 !!2 !!2 !!2 !!2 !!2!!2!!2 !!2 !!2 !!2!!2!!2 !!2!!2!!2 !!2 !!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2!!2!!2!!2 !!2 !!2 ! g g g g ! !COUNTY ROAD 511FM 2862 COUNTYROAD 480FM 455 COUNTYROAD3 7 0 COUNTYROAD371 OUTER LOOP FM 2862COUNTY ROAD 286 18''18''21''21''15''15''15'' 21''24''24''12''24''21''21''21''21''15''15''15''18''18''15''§¨¦75 ¬«121")455 ")455 ¬«5 PROPOSED PILOT GROVE LIFT STATION #3 CAPACITY: 270 GPM PROPOSED PILOT GROVE LIFT STATION #2 CAPACITY: 255 GPM PROPOSED PILOT GROVE LIFT STATION #1 CAPACITY: 215 GPM PROPOSED THROCKMORTON CREEK LIFT STATION CAPACITY: 2250 GPM EF131 EF129 EF127 SGC155 SGC123 WSGC117 WSGC119 SGC125 SGC143 SGC145 SGC127 SGC141 SGC147 SGC153 SGC151 SGC149 SGC139 SGC137 SGC129 SGC121 SGC113 SGC111 SGC115 SGC131 SGC119 SGC117 SGC107 SGC133 PGC111 PGC109 PGC107 PGC105 PGC103 PGC101 HB101 SGC105 SGC103 SGC101 SGC109WSGC101 WSGC103 WSGC105 WSGC107 SC105 WSGC109SC101 SC103 CC101 SLC105 SLC109 SLC111 SLC113 SLC117 SLC119 SLC121 SLC123 TC115 TC107 TC105 TC103 TC101 SLC103 SLC107 TC111 TC113 TC117 TC137 TC135HC133 HC125 HC127 HC119 HC123 HC121 HC115 HC117 HC111 HC109 HC113 HC105 HC107 HC103 HC101 EF105 EF101 EF103 EF107 EF109 EF113 EF111 EF115 EF117 EF121 EF119 EF123 EF125 TC109 SLC115 CC103 36 '' 36 ''21 ''8 ' ' 8 ''8 ''1 8 ' '8 ''8 '' 8 '' 8 '' 8 '' 27 ''8 ' '12 ''24 ''42 ''8 ' '27 ''42 ''10 ''8 ''12 ''8 ''15 '' 54 ' ' 10 '' 1 2 ' ' 60 ''10 ''8 ''24 ''18 ''15 ' ' 2 4 ' '8 ''18 '' 8 '' 8 ''8 ''10 ' '30 ''8 ''21 ''8 ' '18 ''8 ''8 ''8 ''48 ''15 '' 21 '' 18 '' 1 5 ' '21 ''27 ''27 ''8 '' 8 '' 21 '' 8 ''8 ''48 ''21 ''36 '' 1 2 ' '8 ''10 ''1 8 ' '8 ''15 '' 8 ''10 ''18 ''8 ' ' 3 0 ' ' 30 ''18 ' ' 3 6 ' ' 8 '' 15 ' ' 8 ''24 ''8 '' 10 '' 8 ''8 ''24 ''8 ''10 ''10 ''15 ''PROPOSED ANNA RANCH LIFT STATION EXISTING COYOTE MEADOWS LIFT STATION EXISTING CAMDEN PARC LIFT STATION EXISTING ELIZABETH STREET LIFT STATION EXISTING NORTH POINTE LIFT STATION CAPACITY: 745 GPM EXISTING LIFT STATION CAPACITY: 100 GPM EXISTING LIFT STATION CAPACITY: 34 GPM CITY OF ANNA WASTEWATER MASTER PLAN FIGURE WWMP Kimley-Horn and Associates, Inc.File Path: K:\MKN_Civil\City of Anna - Master Data\GIS\Anna_Wastewater Master Plan.aprxLast Saved: 9/1/2023 1:51 PMI 0 4,0002,000 Feet NTMWD Clement Creek P.O.E. Existing Peak: 1.35 MGD Buildout Peak: 4.72 MGD NTMWD Throckmorton Creek P.O.E. Existing Peak: 7.20 MGD Existing WWTP Treats 2.0 MGD Peak Buildout Peak: 35.96 MGD Buildout WWTP Treats 18.0 MGD Peak Throckmorton Creek/ Trinity River Interceptor Contracted Capacity Upstream: 5.60 MGD (2014) Contracted Capacity Downstream: 9.60 MGD (2014) Clement Creek Contracted Capacity: 3.0 MGD (2014) Text Legend Lift Stations Wastewater Subbasin Clement Creek Clement Creek Existing East Fork Trinity Harrington Branch Hurricane Creek Clement Creek Existing Sister Grove Creek Slayter Creek Throckmorton Creek West Sister Grove Creek Stiff Creek !Proposed WWTP g Proposed Lift Station !Existing WWTP !!2 Existing Manhole Existing Force Main Existing Wastewater Proposed Manhole Proposed Force Main Streams parcels Planning Boundary Floodplain Van Alstyne/Mantua P.O.E. Peak Flow = 13.88 MGD Weston P.O.E. #1 Peak Flow = 0.50 MGD Weston P.O.E. #2 Peak Flow = 0.50 MGD Weston P.O.E. #3 Peak Flow = 0.50 MGD Weston P.O.E. #4 Peak Flow = 0.50 MGD Weston P.O.E. #5 Peak Flow = 0.50 MGD Weston P.O.E. #6 Peak Flow = 0.50 MGD Weston P.O.E. #7 Peak Flow = 0.50 MGD Harrington Branch WWTP Phase 1 Capacity: 1 MGD Phase 2 Capacity: 2 MGD Phase 3 Capacity: 2.5 MGD Hurricane Creek WWTP Phase 1 Capacity: 4 MGD Phase 2 Capacity: 8 MGD Phase 3 Capacity: 16 MGD Slayter Creek WWTP Existing Capacity: 0.5 MGD Phase 3 Capacity: 0.975 MGD Expansion Capacity: 4.5 MGD Van Alstyne P.O.E. Peak Flow = 20.48 MGD Stiff Creek P.O.E. Buildout Peak: 2.77 MGD Item No. 7.k. City Council Agenda Staff Report Meeting Date: 5/28/2024 Staff Contact: Wes Lawson AGENDA ITEM: Consider/Discuss/Action on a Resolution of the City Council of the City of Anna, Texas, finding that a public necessity exists for acquisition of a permanent Right-of-Way on and across 1.536 acres of real property for South Standridge Boulevard and a permanent drainage easement on and across 0.90 acres of real property necessary for the construction of the Crystal Park Phase 1 Development, in a form approved by the City Attorney. (City Engineer Wes Lawson, P.E.) SUMMARY: This item is related to the construction of Standridge Boulevard south of FM 455. The right-of-way and drainage easement are required in order to provide for the construction, installation, and long-term maintenance of the road. This is a critical infrastructure project which will provide a north-south minor arterial roadway corridor west of US 75. In accordance with the development agreement for Crystal Park, the City is contractually obligated to acquire right-of-way and easements for off-site infrastructure if the developer is not able to reach an agreement with adjacent landowners. The attached resolution is a necessary step in the process to provide staff direction and authority to complete negotiations with the landowner for the acquisition. There is specific language which must be read into the motion should the City Council choose to approve this item. The language has been printed and provided to the City Council for their consideration. FINANCIAL IMPACT: The funding source for this item is Roadway Impact Fees. BACKGROUND: Standridge Boulevard is shown as a minor arterial roadway in the Master Thoroughfare Plan and the 10-year Capital Improvement Plan for the City of Anna, and is required in order to provide a major transportation corridor west of US 75. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Resolution - Standridge ROW and Easement 2. City of Anna - Master Thoroughfare Plan CITY OF ANNA, TEXAS RESOLUTION NO. ______ PAGE 1 OF 9 CITY OF ANNA, TEXAS RESOLUTION NO. __________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT RIGHT OF WAY ON AND UNDER 1.536 ACRES OF REAL PROPERTY AND A PERMANENT DRAINAGE EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.090 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY’S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Anna plans to construct and/or install road paving, public water and sanitary sewer utilities, public drainage, and associated appurtenances to meet the public need to provide paving, water, sanitary sewer, and drainage system improvements to benefit the City of Anna, its citizens and the general health, safety and welfare; and WHEREAS, it is necessary to acquire a certain permanent right of way and drainage easement not now held by the City of Anna for such paving, drainage, water, and sanitary sewer system improvements; and WHEREAS, it is necessary for the City to use its authority to pursue negotiations for the acquisition of said easements and/or to pursue the easements under power of eminent domain; and WHEREAS, the City Council of the City of Anna, Texas (“City Council”), after careful consideration, finds that a public necessity exists for acquisition of a permanent right of way on and under 1.536 acres of real property and a permanent drainage easement providing limited rights on and under 0.090 acres of real property, said tracts being more particularly described in Section 2 of this resolution, for the purposes of constructing, laying, maintaining, repairing and/or replacing of public paving, public water, public sanitary sewer lines, public drainage systems, and related appurtenances, and benefiting the public health, safety and welfare; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Incorporation of Recitals; Purpose CITY OF ANNA, TEXAS RESOLUTION NO. ______ PAGE 2 OF 9 1.01 The City Council finds that the above-stated recitals are true and correct and said recitals are incorporated herein as if set forth in full for all purposes. 1.02 This resolution is intended to comply in all respects with Texas Government Code § 2206.001, et seq., Texas Local Government Code § 251.001, et seq., and Texas Property Code § 21.001 et seq., to the extent the provisions of such statutes are applicable, and to comply with all other applicable law. 1.03 The City Council, by this resolution, intends, if necessary, to exercise the City’s powers of eminent domain under Texas Local Government Code § 251.001 and any and all other applicable law. Section 2. Easements to be Acquired (a) The necessary permanent right-of-way sought to be acquired on and under a portion of a tract of real property, said portion totaling approximately 1.536 acres of real property (the “Right-of-Way Dedication”), held by the WBK Partners, LTD., and/or others. Said approximate 1.536 acres of real property is generally aligned and described as shown in Exhibit A, attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. The precise permanent right-of-way to be acquired may differ from what is shown in said alignment and description but said alignment and description approximates the general route and general area of the permanent right-of-way to be acquired. (b) The necessary permanent drainage easement sought to be acquired will provide limited rights on and under a portion of a tract of real property, said portion totaling approximately 0.090 acres of real property (the “Drainage Easement”), held by the WBK Partners, LTD., and/or others. Said approximate 0.090 acres of real property is generally aligned and described as shown in Exhibit A, attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. The precise permanent drainage easement to be acquired may differ from what is shown in said alignment and description but said alignment and description approximates the general route and general area of the temporary construction easement to be acquired. Section 3. Finding of Public Necessity and Authorization to Take Action 3.01 The City Council finds a public necessity for the public welfare and convenience to acquire the Permanent Right-of-Way and Permanent Drainage Easement identified in Section 2, above, for the purpose of constructing, laying, CITY OF ANNA, TEXAS RESOLUTION NO. ______ PAGE 3 OF 9 maintaining, repairing and/or replacing public paving, water systems, sanitary sewer lines, public drainage systems, and related appurtenances. The City Council authorizes the City Manager, City staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal counsel if determined necessary by said attorneys, to acquire the needed Permanent Right-of-Way and Permanent Drainage Easement by any lawful means including but not limited to negotiations with landowners and, if necessary, proceedings in eminent domain. 3.02 The City Council by this resolution directs the City Manager, his staff, and Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal counsel if determined necessary by said attorneys—as necessary and in the appropriate sequence—to have the Permanent Right-of-Way and Permanent Drainage Easement appraised by a certified appraiser, to send the landowner(s) a copy of the appraisal and the State of Texas Landowner’s Bill of Rights prepared by the Office of the Attorney General of Texas, to enter into good-faith negotiations with the landowner(s), to make a bona-fide offer and make any necessary initial and final monetary offers in an attempt to acquire the Permanent Right-of-Way and Permanent Drainage Easement consistent with the appraisal(s), when appropriate, and to convey the City’s desire to acquire the Permanent Right-of- Way and Permanent Drainage Easement in an efficient manner, and, if necessary, to institute proceedings in eminent domain and take all necessary actions in such proceedings to condemn and acquire the Permanent Right-of- Way and Permanent Drainage Easement. The City Council hereby authorizes and ratifies any such actions taken thus far, and hereby further asserts its full authority, to the greatest extent provided by law, to acquire the Permanent Right- of-Way and Permanent Drainage Easement identified in Section 2, above. Section 4. Effective Date. This resolution shall take effect immediately upon its passage. PASSED AND APPROVED by the City Council of the City of Anna, Texas, this 28th day of May 2024. ATTESTED: APPROVED: Carrie L. Land, City Secretary Pete Cain, Mayor Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Exhibit A Item No. 7.l. City Council Agenda Staff Report Meeting Date: 5/28/2024 Staff Contact: Wes Lawson AGENDA ITEM: Consider/Discuss/Action on a Resolution authorizing the City Manager to execute documents for the acquisition of 2.794 acres of real property for a permanent sanitary sewer easement and a temporary construction easement on and across 2.797 acres of real property located on the south side of County Road 284 necessary for the construction of a public sanitary sewer main from Crystal Park Phase 1 to the Hurricane Creek Trunk Sewer Line, in a form approved by the City Attorney. (City Engineer Wes Lawson, P.E.) SUMMARY: This item is related to the off-site sewer connection from the existing Hurricane Creek Trunk Sewer to the Crystal Park Phase 1 development project. The permanent and temporary construction easement are required in order to provide for the construction, installation, and long-term maintenance of the public sewer main. This is a critical infrastructure project which will provide an East-West sewer main which will provide gravity sewer connection for the Crystal Park development and the adjacent surrounding propertied, providing significant public benefit. In accordance with the development agreement for Crystal Park, the City is contractually obligated to acquire right-of-way and easements for off-site infrastructure if the developer is not able to reach an agreement with adjacent landowners. The attached resolution is a necessary step in the process to provide staff direction and authority to complete negotiations with the landowner for the acquisition. There is specific language which must be read into the motion should the City Council choose to approve this item. The language has been printed and provided to the City Council for their consideration. FINANCIAL IMPACT: The funding source for this item is Sanitary Sewer Impact Fees. BACKGROUND: Staff recommends approval of the Resolution. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Resolution - Dickey Sewer Easement 2. City of Anna - Wastewater Master Plan CITY OF ANNA, TEXAS RESOLUTION NO. ______ PAGE 1 OF 8 CITY OF ANNA, TEXAS RESOLUTION NO. __________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT SANITARY SEWER EASEMENT ON AND UNDER 2.794 ACRES OF REAL PROPERTY AND A TEMPORARY CONSTRUCTION EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 2.797 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY’S ATTORNEYS TO ACQUIRE SAID EASEMENTS BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Anna plans to construct and/or install public sanitary sewer utilities and associated appurtenances to meet the public need to provide sanitary sewer system improvements to benefit the City of Anna, its citizens and the general health, safety and welfare; and WHEREAS, it is necessary to acquire a certain permanent easement not now held by the City of Anna for such sanitary sewer system improvements; and WHEREAS, it is necessary for the City to use its authority to pursue negotiations for the acquisition of said easements and/or to pursue the easements under power of eminent domain; and WHEREAS, the City Council of the City of Anna, Texas (“City Council”), after careful consideration, finds that a public necessity exists for acquisition of a permanent sanitary sewer easement on and under 2.794 acres of real property and a temporary construction easement providing limited rights on and under 2.797 acres of real property, said tracts being more particularly described in Section 2 of this resolution, for the purposes of constructing, laying, maintaining, repairing and/or replacing of public sanitary sewer lines and related appurtenances, and benefiting the public health, safety and welfare; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Incorporation of Recitals; Purpose 1.01 The City Council finds that the above-stated recitals are true and correct and said recitals are incorporated herein as if set forth in full for all purposes. CITY OF ANNA, TEXAS RESOLUTION NO. ______ PAGE 2 OF 8 1.02 This resolution is intended to comply in all respects with Texas Government Code § 2206.001, et seq., Texas Local Government Code § 251.001, et seq., and Texas Property Code § 21.001 et seq., to the extent the provisions of such statutes are applicable, and to comply with all other applicable law. 1.03 The City Council, by this resolution, intends, if necessary, to exercise the City’s powers of eminent domain under Texas Local Government Code § 251.001 and any and all other applicable law. Section 2. Easements to be Acquired (a) The necessary permanent sanitary sewer easement sought to be acquired on and under a portion of a tract of real property, said portion totaling approximately 2.794 acres of real property (the “Permanent Sanitary Sewer Line Easement”), held by the Verla Sue Holland & Maurine Dickey and/or others. Said approximate 2.794 acres of real property is generally aligned and described as shown in Exhibit A, attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. The precise permanent sanitary sewer easement to be acquired may differ from what is shown in said alignment and description but said alignment and description approximates the general route and general area of the permanent sanitary sewer easement to be acquired. (b) The necessary temporary construction easement sought to be acquired will provide limited rights on and under a portion of a tract of real property, said portion totaling approximately 2.797 acres of real property (the “Temporary Construction Easement”), held by Verla Sue Holland & Maurine Dickey and/or others. Said approximate 2.797 acres of real property is generally aligned and described as shown in Exhibit A, attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. The precise temporary construction easement to be acquired may differ from what is shown in said alignment and description but said alignment and description approximates the general route and general area of the temporary construction easement to be acquired. Section 3. Finding of Public Necessity and Authorization to Take Action 3.01 The City Council finds a public necessity for the public welfare and convenience to acquire the Permanent Sanitary Sewer Easement and Temporary COnstruction Easement identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing public sanitary sewer lines and related CITY OF ANNA, TEXAS RESOLUTION NO. ______ PAGE 3 OF 8 appurtenances. The City Council authorizes the City Manager, City staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal counsel if determined necessary by said attorneys, to acquire the needed Permanent Sanitary Sewer Easement and Temporary Construction Easement by any lawful means including but not limited to negotiations with landowners and, if necessary, proceedings in eminent domain. 3.02 The City Council by this resolution directs the City Manager, his staff, and Wolfe, Tidwell & McCoy, LLP, attorneys, and other legal counsel if determined necessary by said attorneys—as necessary and in the appropriate sequence—to have the Permanent Sanitary Sewer Easement and Temporary Construction Easement appraised by a certified appraiser, to send the landowner(s) a copy of the appraisal and the State of Texas Landowner’s Bill of Rights prepared by the Office of the Attorney General of Texas, to enter into good-faith negotiations with the landowner(s), to make a bona-fide offer and make any necessary initial and final monetary offers in an attempt to acquire the Permanent Sanitary Sewer Easement and Temporary Construction Easement consistent with the appraisal(s), when appropriate, and to convey the City’s desire to acquire the Permanent Sanitary Sewer Easement and Temporary Construction Easement in an efficient manner, and, if necessary, to institute proceedings in eminent domain and take all necessary actions in such proceedings to condemn and acquire the Permanent Sanitary Sewer Easement and Temporary Construction Easement. The City Council hereby authorizes and ratifies any such actions taken thus far, and hereby further asserts its full authority, to the greatest extent provided by law, to acquire the Permanent Sanitary Sewer Easement and Temporary Construction Easement identified in Section 2, above. Section 4. Effective Date. This resolution shall take effect immediately upon its passage. PASSED AND APPROVED by the City Council of the City of Anna, Texas, this 28th day of May, 2024. ATTESTED: APPROVED: Carrie L. 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Existing Peak: 1.35 MGD Buildout Peak: 4.72 MGD NTMWD Throckmorton Creek P.O.E. Existing Peak: 7.20 MGD Existing WWTP Treats 2.0 MGD Peak Buildout Peak: 35.96 MGD Buildout WWTP Treats 18.0 MGD Peak Throckmorton Creek/ Trinity River Interceptor Contracted Capacity Upstream: 5.60 MGD (2014) Contracted Capacity Downstream: 9.60 MGD (2014) Clement Creek Contracted Capacity: 3.0 MGD (2014) Text Legend Lift Stations Wastewater Subbasin Clement Creek Clement Creek Existing East Fork Trinity Harrington Branch Hurricane Creek Clement Creek Existing Sister Grove Creek Slayter Creek Throckmorton Creek West Sister Grove Creek Stiff Creek !Proposed WWTP g Proposed Lift Station !Existing WWTP !!2 Existing Manhole Existing Force Main Existing Wastewater Proposed Manhole Proposed Force Main Streams parcels Planning Boundary Floodplain Van Alstyne/Mantua P.O.E. Peak Flow = 13.88 MGD Weston P.O.E. #1 Peak Flow = 0.50 MGD Weston P.O.E. #2 Peak Flow = 0.50 MGD Weston P.O.E. #3 Peak Flow = 0.50 MGD Weston P.O.E. #4 Peak Flow = 0.50 MGD Weston P.O.E. #5 Peak Flow = 0.50 MGD Weston P.O.E. #6 Peak Flow = 0.50 MGD Weston P.O.E. #7 Peak Flow = 0.50 MGD Harrington Branch WWTP Phase 1 Capacity: 1 MGD Phase 2 Capacity: 2 MGD Phase 3 Capacity: 2.5 MGD Hurricane Creek WWTP Phase 1 Capacity: 4 MGD Phase 2 Capacity: 8 MGD Phase 3 Capacity: 16 MGD Slayter Creek WWTP Existing Capacity: 0.5 MGD Phase 3 Capacity: 0.975 MGD Expansion Capacity: 4.5 MGD Van Alstyne P.O.E. Peak Flow = 20.48 MGD Stiff Creek P.O.E. Buildout Peak: 2.77 MGD Item No. 7.m. City Council Agenda Staff Report Meeting Date: 5/28/2024 Staff Contact: AGENDA ITEM: Consider/Discuss/Action on Parks Advisory Board member appointments. (City Secretary Carrie Land) SUMMARY: Potential Board Members were interviewed on May 25, 2024. The item before council will contemplate appointing board members based off the recommendation from the interview committee. Place 2 Place 4 Place 6 FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Parks Advisory Board is one of two advisory boards that serve the City of Anna. The Parks Advisory Board consists of seven members. STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: Item No. 7.n. City Council Agenda Staff Report Meeting Date: 5/28/2024 Staff Contact: AGENDA ITEM: Consider/Discuss/Action on Planning and Zoning Commission member appointments. (City Secretary Carrie Land) SUMMARY: Potential Commission Members were interviewed on May 25, 2024. The item before council will contemplate appointing commission members based off the recommendation from the interview committee. Place 2 Place 4 Place 6 FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Planning and Zoning Commission consists of seven members. STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: Item No. 7.o. City Council Agenda Staff Report Meeting Date: 5/28/2024 Staff Contact: AGENDA ITEM: Consider/Discuss/Action on Board of Adjustments member appointments. (City Secretary Carrie Land) SUMMARY: Potential Board Members were interviewed on May 25, 2024. The item before council will contemplate appointing commission members based off the recommendation from the interview committee. Place 2 Place 4 FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Board of Adjustments consists of seven members. STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: Item No. 7.p. City Council Agenda Staff Report Meeting Date: 5/28/2024 Staff Contact: AGENDA ITEM: Consider/Discuss/Action on Economic Development Corporation/Community Development Corporation member appointments. (City Secretary Carrie Land) SUMMARY: Potential Board Members were interviewed on May 25, 2024. The item before council will contemplate appointing commission members based off the recommendation from the interview committee. Place 2 Place 4 Place 6 FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The EDC/CDC Board consists of seven members. STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: Item No. 7.q. City Council Agenda Staff Report Meeting Date: 5/28/2024 Staff Contact: Carrie Land AGENDA ITEM: Consider/Discuss/Action on appointment of board and commission liaisons. (City Secretary Carrie Land) SUMMARY: Council Liaison Responsibilities •Ensure the Board complies with deadlines & code provisions •Encourage the board to remain within the City mission statement •Ensure compliance with Texas Open Meeting Act: •Only discuss items on the agenda •Ensure compliance with attendance •Report quarterly to the City Council the actions of the board •Share Communications from the Council to the board concerning policy direction and strategic goal aims FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: Annually, the City Council appoints members as liaisons to the various boards and commissions. STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: Item No. 7.r. City Council Agenda Staff Report Meeting Date: 5/28/2024 Staff Contact: AGENDA ITEM: Acting as the Anna Housing Financial Corporation Board of Directors, Consider/Discuss/Action on appointment of officer positions. (City Secretary Carrie Land) SUMMARY: FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: 1. Res 2021-04-895 Creation of the Anna Housing Finance Corporation CITY OF ANNA, TEXAS RESOLUTION NO, otMJ ol-- 6TD A RESOLUTION APPROVING THE CREATION OF THE ANNA HOUSING FINANCE CORPORATION; APPROVING THE ARTICLES OF INCORPORATION THEREOF; CONFIRMING THE APPOINTMENT OF THE INITIAL INCORPORATORS AND AUTHORIZING THE FILING OF SAID ARTICLES OF INCORPORATION WHEREAS, the City of Anna, Texas (the "City") is a duly formed home -rule municipality in Collin County, Texas; and WHEREAS, under Texas Local Government Code § 394.001, et seq., the governing body of a municipality may form one or more housing finance corporations for the purpose of helping to finance the cost of residential ownership and development that will provide decent, safe, and sanitary housing at affordable prices for residents of the municipality; and WHEREAS, the City has received a certain Application for Incorporation of Housing Finance Corporation filed by three residents of the City who are Texas citizens and at least 18 years of age; and WHEREAS, the City Council of the Ciry of Anna, Texas (the "City Council") has reviewed said application and the proposed Articles of Incorporation of Anna Housing Finance Corporation, the form of which are attached hereto as Exhibit A (the "Articles"); and WHEREAS, the City Council has found and determined that the formation of the housing finance corporation is wise, expedient, necessary, and advisable and desires that the Articles be filed in order to form the Anna Housing Finance Corporation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. Incorporation of Recitals. The above -stated recitals are found to be true and correct and are incorporated into this resolution as if set forth in full for all purposes. Section 2. Approval of Articles; Incorporators. The City Council hereby approves the form of the Articles and directs that three or more residents of the City who are at least 18 years of age act as incorporators of the housing finance corporation by signing, verifying, and delivering in duplicate to the secretary of state the Articles. This resolution shall be in full force and effect from and after its adoption. PASSED AND APPROVED by the Ciry Council on the 13t'' day'Apri12021. A _ .....!Vie, 9 1 Nate Pike Filing*:804082806 Document*:1053977240002 Filed On 5/25/2021 received by Upload ARTICLES OF INCORPORATION OF THE ANNA HOUSING FINANCE CORPORATION We, the undersigned natural persons, each of whom is at least eighteen (18) years of age or more, and a resident of the City of Anna, Texas, (the "City") and a citizen of the State of Texas, acting as incorporators of a corporation under the provisions of Chapter 394, Texas Local Government Code, do hereby adopt the following Articles of Incorporation for such corporation: ARTICLE I Corporation Name The name of the corporation is the Anna Housing Finance Corporation (the "Corporation"). ARTICLE H Nature of Corporation The Corporation is a public, nonprofit corporation. ARTICLE III Duration of Corporation The period of duration of the Corporation shall be perpetual. ARTICLE IV Corporate Purpose and Agency 4.01 The Corporation is organized solely to carry out the purposes of Chapter 394, Texas Local Government Code, i.e., exclusively for the purpose of benefitting and accomplishing public purposes of, and on behalf of, the City and any other local governments which become included in the Corporation pursuant to these articles, by financing the cost of residential ownership and development that will provide decent, safe and sanitary housing for residents of the City at prices they can afford. It has been determined and declared by the Legislature of the State of Texas that such residential ownership and development will (a) provide for and promote the public health, safety, morals, and welfare; (b) relieve conditions of unemployment and encourage the increase of industry and commercial activity and economic development so as to reduce the evils attendant upon unemployment; (c) provide for efficient and well -planned urban growth and development including the elimination and prevention of potential urban blight and the proper coordination of industrial facilities with public services, mass transportation and residential development; (d) assist persons of low and moderate income in acquiring and owning decent, safe and sanitary housing which they can afford; and (e) preserve and increase ad valorem tax bases of local governmental units; and the foregoing have been determined and declared by the Legislature of the State of Texas to lessen the burden of government and to be public purposes and functions. 4.02 The Corporation is formed pursuant to the provisions of Chapter 394, Texas Local Government Code as it now or may hereafter be amended. 4.03 The Corporation shall have all other powers of a like or different nature not prohibited by law which are available to non-profit corporations in Texas and which are necessary or useful to enable the Corporation to perform the purposes for which it is created, including the power to issue bonds, notes or other obligations, and otherwise exercise its borrowing power to accomplish the purposes for which it was created. 4.04 The Corporation is created as a housing finance corporation pursuant to Chapter 394, Texas Local Government Code and shall be a governmental unit within the meaning of Subdivision (2), Section 101.001, Texas Civil Practice and Remedies Code. The operations of the Corporation are governmental and not proprietary functions for purposes of the Texas Tort Claims Act, Section 101.001, et seq., Texas Civil Practice and Remedies Code. The Corporation shall have the all the powers authorized in in Chapter 394 of the Texas Local Government Code, including without limitation those enumerated in Section 394.032 of the Texas Local Government Code. 4.05 References herein to the City Council shall mean the City Council of the City of Anna, Texas. 4.06 A resolution approving the form of these articles of incorporation was adopted by the City Council on April 13, 2021. ARTICLE V No Members or Shareholders The Corporation shall have no members and shall have no stock. ARTICLE VI Board of Directors 6.01 All powers of the Corporation shall be vested in a Board of Directors consisting of seven (7) members (the "Board"). 6.02 The initial directors of the Corporation ("Director" or "Directors") shall -be those persons named in Article VII, below. With respect to the initial Board, the terms of the initial Directors shall commence on the date the Secretary of State has issued the certificate of incorporation for the Corporation and end at the conclusion of two (2) or four (4) years thereafter, as indicated in Article VII. Subsequent Directors shall be appointed to the Board for terms of four (4) years. Any Director may be removed from office at any time, with or without cause, by simple majority of the City Council. 6.03 All Directors must be residents of the City of Anna, Texas. 6.04 All Directors shall be appointed by and serve at the will of the City Council. Appointments shall be made by majority vote of members present and need not be by formal resolution or ordinance. A vacancy on the Board occurring before the end of a Director's term shall be filled in the same manner as an appointment and shall be for the remainder of the unexpired term of office. 6.05 Except as set forth in Section 6.02 above, Directors shall serve staggered terms of office of four 4) years, with no term limits. Page 2 6.06 All other matters pertaining to the internal affairs of the Corporation shall be governed by Bylaws adopted by the Board, so long as such Bylaws are not inconsistent with these articles or the laws of the State of Texas; provided, however, that such Bylaws may change the number of Directors of the Corporation.. ARTICLE VII Initial Directors The names, addresses and initial terms of office of the seven (7) initial Directors, each of whom resides within the City, are: Name Address Initial Term Nate Pike c/o City of Anna 4 years I I I N. Powell Parkway Anna, Texas 75409 Kevin Toten c/o City of Anna 4 years 11 I N. Powell Parkway Anna, Texas 75409 Lee Miller c/o City of Anna 4 years l 11 N. Powell Parkway Anna, Texas 75409 Josh Volmer c/o City of Anna 4 years 11 l N. Powell Parkway Anna, Texas 75409 Danny Ussery c/o City of Anna 2 years I I I N. Powell Parkway Anna, Texas 75409 Stan Carver II c/o City of Anna 2 years I I I N. Powell Parkway Anna, Texas 75409 Randy Atchley c/o City of Anna 2 years I I l N. Powell Parkway Anna, Texas 75409 ARTICLE VH1 Registered Office and Agent The street address of the initial registered office of the Corporation is I l I N. Powell Parkway, Anna, Texas 75409 and the name of its initial registered agent at such address is Jim Proce. Page 3 ARTICLE IX Incorporators The names and street addresses of the incorporators, each of whom resides within the City, are: Name Address Alan Guard c/o City of Anna 111 N. Powell Parkway Anna, Texas 75409 Rhandy Pena c/o City of Anna 111 N. Powell Parkway Anna, Texas 75409 Jeffrey Freeth c/o City of Anna 111 N. Powell Parkway Anna, Texas 75409 ARTICLE X Director Liability; Indemnification A Director or employee shall not be personally liable to the Corporation for monetary damages for breach of fiduciary duty as an officer, director or employee, except for liability (i) for any breach of the officer's duty of loyalty to the Corporation, (ii) for acts or omissions not in good faith or which involve intentional misconduct or a known violation of law, (iii) under Texas law, or (iv) for any transaction from which the director derived any improper personal benefit. The Corporation shall indemnify and defend Directors for acts done in their official capacity. ARTICLE XI Limits on Use of Corporate Assets; Income of Corporation 11.01 Regardless of any other provisions of these articles or the laws of the State of Texas, the Corporation shall not: A. permit any part of the net earnings of the Corporation to inure to the benefit of any private individual (except that reasonable compensation may be paid for personal services rendered to or for the Corporation in effecting one or more of its purposes); B. devote more than an insubstantial part of its activities to attempting to influence legislation by propaganda or otherwise; C. participate in, or intervene in (including the publication or distribution of statements), any political campaign on behalf of any candidate for public office; or D. attempt to influence the outcome of any election for public office or to call on, directly or indirectly, any voter registration drives. Page 4 No part of the Corporation's income shall inure to the benefit of any private interests, other than in the fulfillment of its purpose to provide decent, safe, and sanitary housing; at affordable prices for residents of the City of Anna, Texas. ARTICLE XII Dissolution 12.01 If the Board determines by resolution that the purposes for which the Corporation was formed have been substantially met and all bonds or notes issued by and all obligations incurred by the Corporation or on behalf of the Corporation have been fully paid, the Board shall execute a certificate of dissolution which states those facts and declares the Corporation dissolved in accordance with the requirements of Section 394.026 of the 'texas 1,ocal Government Code, or with applicable law then in existence. 12.02 Subject to any restrictions contained inapplicable state law, if the City Council approves a resolution directing the Board to proceed with the dissolution of the Corporation, the Board shall promptly proceed with the dissolution. The failure of the Board to promptly proceed with the dissolution of the Corporation in accordance with this Section slialI be deemed a cause for the removal from office of any or all of the Directors as permitted by these articles. In such event, dissolution inay be conducted by the City Manager of the City or at his direction. 12.03 On the filing of a certificate of dissolution, the Corporation shall thereupon be dissolved. 'Title to all funds and property owned by the Corporation at the time of dissolution shall vest in the City of Anna, Texas, to be used exclusively by the City to provide for the housing, needs of individuals and families of tow and moderate incomes, including single-family units and mixed income multifamily projects found by the City Council to serve the interests of low and moderate income individuals and families if the single-family and multifamily projects have as a major purpose the: provision of safe, sanitary, and decent housing for individuals and families of low income. The funds and property of the Corporation shall be promptly delivered to the City. ARTICLE XIII Antendments These articles may not be changed or amended unless approved by resolution of the; City Council for the City of Anna, Texas. IN WI'WITNESSHERE QF, we have hereunto set our hands this Z, Si' tze4-'t .' 4 ..... ....... . .. Alan Guard Rlandy Fiena JOi y !';Teeth Page 5 day of J 2021. VERIFICATION State of Texas County of Collin Alan Guard personally appeared before me, and being first duly sworn declared that he signed these articles in the capacity designated, if any, and further states that he has read the above application and the statements therein contained are true. . CJD" Ab Notary Pu c's Signature 5 Given under my hand and seal of office this l da of M2021. NORFE GARCIA My Notary ID # 125743613 Expires June 28, 2022hwf State of Texas County of Collin Rhandy Pena personally appeared before me, and being first duly sworn declared that he signed these articles in the capacity designated, if any, and further states that he has read the above application and the statements therein contained are true. J/auan Notary — State of Texas Given under my hand and seal of office thi"1 day of 2021. KARE:LAVERY Notary ID0568-lab M Commpires N t State of Texas County of Collin Jeffrey Freeth personally appeared before me, and being first duly sworn declared that he signed these articles in the capacity designated, if any, and further states that he has read the above application and the statements therein contained are true. Given under my hand and seal of office thi.49 I day of 2021. KAREN L AVERY Notary ID #132840368 My Commissfon Expires December 24, 2024 1? 40-1- Notary — State of Texas Page 6 Corporations Section E 0 P.O.Box 13697 Austin, Texas 78711-3697 N Office of the Secretary of State May 25, 2021 Attn: WOLFE TIDWELL MCCOY LLP FRISCO OFFICE Wolfe, Tidwell & McCoy, LLP (Frisco office) 2591 Dallas Parkway, Suite 300 Frisco, TX 75034 USA RE: Anna Housing Finance Corporation File Number: 804082806 Ruth R. Hughs Secretary of State It has been our pleasure to file the certificate of formation and issue the enclosed certificate of filing evidencing the existence of the newly created nonprofit corporation. Nonprofit corporations do not automatically qualify for an exemption from federal and state taxes. Shortly, the Comptroller of Public Accounts will be contacting the corporation at its registered office for information that will assist the Comptroller in setting up the franchise tax account for the corporation. Information about franchise tax, and contact information for the Comptroller's office, is available on their web site at https://window.state.tx.ushaxinfo/franchise/index.html. For information on state tax exemption, including applications and publications, visit the Comptroller's Exempt Organizations web site at https://window.state.tx.ushaxinfo/exempt/index.html. Information on exemption from federal taxes is available from the Internal Revenue Service web site at https://www.irs.go_v. Nonprofit corporations do not file annual reports with the Secretary of State, but do file a report not more often than once every four years as requested by the Secretary. It is important for the corporation to continuously maintain a registered agent and office in Texas as this is the address to which the Secretary of State will send a request to file a periodic report. Failure to maintain a registered agent or office in Texas, failure to file a change to the agent or office information, or failure to file a report when requested may result in the involuntary termination of the corporation. Additionally, a nonprofit corporation will file documents with the Secretary of State if the corporation needs to amend one of the provisions in its certificate of formation. If we can be of further service at any time, please let us know. Sincerely, Corporations Section Business & Public Filings Division 512) 463-5555 Enclosure Come visit us on the internet at https:/hvww.sos.texas.gov/ Phone: (512) 463-5555 Fax: (512) 463-5709 Dial: 7-1-1 for Relay Services Prepared by: Lisa Sartin TID: 10286 Document: 1053977240002 Corporations Section 'f E 0 P.O.Box 13697 Austin, Texas 78711-3697 x Office of the Secretary of State CERTIFICATE OF FILING OF Anna Housing Finance Corporation File Number: 804082806 Ruth R. Hughs Secretary of State The undersigned, as Secretary of State of Texas, hereby certifies that a Certificate of Formation for the above named Domestic Nonprofit Corporation has been received in this office and has been found to conform to the applicable provisions of law. ACCORDINGLY, the undersigned, as Secretary of State, and by virtue of the authority vested in the secretary by law, hereby issues this certificate evidencing filing effective on the date shown below. The issuance of this certificate does not authorize the use of a name in this state in violation of the rights of another under the federal Trademark Act of 1946, the Texas trademark law, the Assumed Business or Professional Name Act, or the common law. Dated: 05/25/2021 Effective: 05/25/2021 Ruth R Hughs Secretary of State Come visit us on the internet at https:/fwww.sos texas gov/ Phone: (512) 463-5555 Fax: (512) 463-5709 Dial: 7-1-1 for Relay Services Prepared by: Lisa Sartin TID: 10306 Document: 1053977240002 TEXAS COMPTROLLER OF PUBLIC ACCOUNTS P.O. Box 13528 • Austin, TX 78711-3528 JULY O1, 2021 ANNA HOUSING FINANCE CORPORATION 111 N. POWELL PARKWAY ANNA,TX 75409 DEAR JIM PROCE, The Texas Secretary of State's office notified us that you are the registered agent for this newly established nonprofit corporation. As Assistant Director of the Comptroller's Tax Policy Division, I would like to give you some information about your corporation's Texas franchise tax responsibilities. A franchise tax is imposed on each taxable entity formed in Texas or doing business in Texas. Nonprofit corporations are considered taxable entities that must file an annual franchise tax report and public information report. Some nonprofit corporations can apply for an exemption from the tax. If this corporation qualifies for a franchise tax exemption, it may also qualify for exemption from hotel taxes as well as sales taxes on purchases it makes that are necessary to the organization's exempt function. Application forms for exemption, as well as Guidelines to Texas Tax Exemptions Pub. 96-1045), are available online at www.comptroller.texas.gov/taxes/exempt/, or you can call us at the number below. Until your application is received and an exemption is granted, your corporation is responsible for filing and paying state franchise tax. The first report is due May 15 of the year following your registration date. If the 15th falls on a weekend, the due date is the next business day. We will mail a letter with filing instructions to the address on file. I hope this information is helpful. To change the corporation's mailing address, or-for any other questions, please call 1-800-252-1381.- -You can write to-u-s at Exempt Organizations Section, Comptroller of Public Accounts, P.O. Box 13528, Austin, Texas 78711-3528. Sincerely, Z, -q, 4,*- Tommy W. oyt Assistant Director, Tax Policy Division Taxpayer number: 32079343508 Form 05.370 (Rev.12.18/15) CLASS A CONSTRUCTION High percentage of masonry on the exterior Articulation and variation of materials in the elevations in order to create architectural interest. Not flat walls along the exterior elevations Upgraded cabinetry in the units vinyl Plank (wood look) flooring instead of carpet in the units living and dining rooms Upgraded and high end look unit fixtures 1P1 is proposing an approximately 185 un structed community for seniors (ages 55+J 1 and 2 bedrooms, this independent Comprised of community will be a Class A constructed community designed in a distinctly upscale aesthetic with an amenity package that rivals the best senior housing in North Texas. This high quality senior housing will intentionally be situated to serve seniors of all incomes including the many seniors living on fixed incomes. It is located in the Anna Town Square master planned development and will provide high quality housing for seniors who already live in Anna and no longer can maintain their single family home, as well as seniors moving to the community to be near family. PUBLIC/PRIVATE PARTNERSHIP JPI In order to make this independent senior living community financially viable, we must incorporate a structure that allows for a property tax exemption. Instead of bringing in an outside nonprofit to fill that role, we plan to use the City of Anna. Originally, we intended to pur- sue the creation and use of a Public Facility Corporation. However, there is pending legislation in the State of Texas, unrelated to our type of development, that might make using at PFC not the best route. We can use a very similar structure by having the City of Anna form a Housing Finance Corporation (HFC) instead. Below are some basic bullet points about the HFC structure. Local housing finance corporations are formed and operate under the provisions of the Texas Housing Finance Corporations Act, Chapter 394, Texas Local Government Code (the "Act" or Chapter 394"). Housing Finance Corporations (HFCs) are not housing authorities. Parmore Anna will not be Section 8 or "public housing". It will be Class A senior housing that is serving seniors 55+ and offer rent control to seniors based on incomes. In this way we can serve seniors who are living on social security all the way up to the seniors who can live anywhere but choose to live in Anna because it is home or close to family. The HFC will operate similar to the way the Public Facility Corporation would have operated with the exception that a Housing Finance Corporation is specifically empowered to create housing where a Public Facility Corporation may have wider authority. City Council will need to authorize the City to create an HFC for the purpose of creating this senior housing and appoint a board. JPI will remain the developer and the City will not take on any real estate risk, operating responsibility or financial responsibility as it relates to this senior housing, similar to the PFC structure. Many communities in North Texas use HFCs for this purpose including but not limited to the Cities of McKinney, Garland, Rowlett, Fort Worth, Dallas and Arlington. The HFC would act exactly the same as the PFC would have in the creation of this senior housing. However, using the HFC shields us from any negative effects that pending legislafion might affect Public Facility Corporations in Texas. Number Avg. Bed Units 94 51% 700 Bed Units 91 4996 915 Bed Units 0 0% 0 185 10096 806 0 Uritsat 30%AMI 12 Units at 5096AMI 137 Units at 6096AMI 36 Units at 7096AMI Net Rentable Square Footage Bank-Constructlon Phase Bank -Balance SheetPermenentPhase lv CreditEquity $ 0.91 erredDeveloper Fee 12% Equity DfrectLoan fAL SOURCES OF FUNDS o[ al SiteAcquisfdon Costs otal GC Contract otal Owner Contingency otal Professional Fees and Other Soft Costs otal Perm Financing Costs otal Construction Period Costs otal Tax Credit Fees & DD otal Reserves otal Developer Fee OTAL USES OF FUNDS CITY PARTICIPATION 149, 065 TrT.!. Lil^ Toil Rental Inrnme O therincome (per unit) Total Gross Potential Income Vacancy Total Net Revenue Expenses Operating Management Fee Property Taxes Reserves Mortgage Insurance Premium Total Expenses Net Operating Income Total Debt Service Net Cash Flow Permanent Capital Phase Capital Stack Stack Per Uni[ Rate 4. 00% $ 22,116,607 59.13% $ 119,549 14, 714,087 39.34% 79,536 570, 683 1.53% 3,085 096 096 37, 401,377 10096 202,170 Total Costs 1, 458,504 21, 689,352 1, 084,468 2, 080,408 1, 368,249 3, 633,634 168, 561 1, 230,000 4, 688,201 371401, 377 Dev. Fee Cash Flow i 109' 0259'0104o Estimated Developer Fee Payments Senior Housing 254o Estimated Cash Flow Payments Senior Housing TOTAL REVENUETO CRY Year 1 T3 fi1P 7, 884 117, 240 5, 862 11, 245 7, 396 19, 641 911 6, 649 25, 342 202, 170 Year2 132, 584 $ 141,231 $ 3150034 $ Per Untt 2, 251,311 12,169 25, 00 $ 55,581 300 2, 306,892 12,470 5. 0% 115,345) 623) 21191, 548 11,846 667, 408 3,608 98, 620 533 46, 250 250 812, 278 4,391 1, 379,270 7,456 1, 1751121 6,352 204, 149 1,104 of Total Construction Capital Phase Capital Stack Stack Rate 3. 85% $ 27,306,184 73.01% 7, 357,043 19.67% 2, 73&149 7.32% 0% 096 37, 401,377 500.0D% Per Sq. FL 145. 50 7. 28 13, 96 9, 18 24, 38 1, 13 8, 25 31, 45 250. 91 Year3 Years 4-15 1371937 $ $ 51, 037 $ of Total D ev. Cost a. yvn 57. 99% 2. 9096 5. 56% 3. 66% 9. 72% 0. 45% 3. 29% 12. 53% TOTAL 411, 752 1, 686,992 TIMING October, 2020 April, 2021 Spring, 2021 Fall, 2021 2023 JPI Resolution of No Objection was approved by City Council City create a Housing Finance Corporation for the purpose of creating this senior housing. Design and development of all plans for construction and submittal to the City for all reviews and approvals Finalize all local approvals and permits, close on financing and begin con- struction Finish Construction and fully open our senior housing. P •7 CONTACT: RYAN COMBS; RYAN.COMBS@JPI.COM APPLICATION FOR INCORPORATION OF HOUSING FINANCE CORPORATION The undersigned applicants are Texas citizens, at least 18 years of age, and are residents of the CitS of Anna, a home -rule municipality in Collin County, Texas. The applicants hereby petition the City of Anna City Council (the "City Council")to find that the forniation of a housing finance corporation to be known as the Anna Housing Finance Corporation (the "Corporation") under Chapter 394, Texas Local Government Code is wise, expedient, necessary, and advisable and to approve the form of proposed articles of incorporation of the corporation, which are attached hereto as Exhibit A. The above actions may only be accomplished by adoption of a resolution of the City Council. If the City Council adopts such resolution the undersigned are willing, ready and able to act as initial incorporators and file the articles of incorporation. Date: April 8, 2021 Signed: Alan Guard effreTff&eth Item No. 7.s. City Council Agenda Staff Report Meeting Date: 5/28/2024 Staff Contact: Carrie Land AGENDA ITEM: Acting as the Anna Public Facility Corporation Board of Directors, Consider/Discuss/Action on appointment of officer positions. (City Secretary Carrie Land) SUMMARY: FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: 1. Res 2021-08-971 Approving Formation of Anna Public Facility Corporation; Authorizing the Form of the Articles of Incorporation and Bylaws A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING FORMATION OF ANNA PUBLIC FACILITY CORPORATION, AUTHORIZING THE FORM OF THE ARTICLES OF INCORPORATION AND BYLAWS FOR THE CORPORATION; AUTHORIZING THE CITY MANAGER TO ACT AS REGISTERED AGENT AND OTHER MATTERS INCIDENT THERETO; APPOINTING AN INITIAL BOARD OF DIRECTORS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Anna, Texas (the "City") desires to create a public facility corporation under Chapter 303 of the Texas Local Government Code, as amended (the "Act"); WHEREAS, the City finds that it is in the public interest and to the benefit of the City's residents and citizens of the State of Texas to create a public facility corporation for the purpose of financing, refinancing or otherwise providing for the cost of public facilities of the City and to incorporate the Corporation; WHEREAS, the name of the public facility corporation to be created by the City is the Anna Public Facility Corporation (the "Corporation"); WHEREAS, a copy of the form of the Articles of Incorporation is attached hereto as Exhibit A" and incorporated as if fully set forth herein (the "Articles of Incorporation") pursuant to the Act, WHEREAS, pursuant to the Act, the City Council must approve, by resolution, the bylaws A the Corporation which must be consistent with state law and with the Articles of Incorporation of the Corporation (the "Bylaws"). A copy of the Bylaws is attached hereto as Exhibit "B" and incorporated as if fully set forth herein; WHEREAS, the City Council is appointing the City Manager as the registered agent and the Economic Development Director as Chief Administrative Officer of the Corporation; WHEREAS, the City Council is authorized by the Act to appoint the board of directors for the Corporation; and WHEREAS, the City has considered the Articles of Incorporation and the Bylaws proposed to be used in organizing the Corporation and has found and determined that they are in proper form and content and should be approved; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1. Findings. The findings set forth above are incorporated into the body of this resolution as if fully set forth herein and are adopted as a part of the judgment and findings of the City Council. The City Council has found and determined, and hereby finds and determines, that it is wise, expedient, necessary, or advisable that the public facility corporation be formed. City of Anna Resolution No. d 1» j$-- Q 'J Page I SECTION 2. Incorporation. The City Council hereby adopts and approves the Articles of Incorporation of the Corporation in substantially the form as attached in Exhibit "A", including the initial directors of such corporation as specified therein, and hereby GRANTS authority for the incorporation of the Corporation. The incorporators named in the Articles of Incorporation are hereby authorized to serve as incorporators of the Corporation and shall execute and file all necessary documents with the Secretary of the State of Texas. SECTION 3. Bylaws. The City Council hereby adopts and approves the Bylaws, a copy of which is attached as Exhibit "B" and incorporated as if fully set forth herein. The City Manager, or his designee, is directed to present the Bylaws to the initial board of directors of the Corporation on behalf of the City for their adoption. SECTION 4. Cumulative Clause. This Resolution shall be cumulative of all provisions of state or federal law and other resolutions of the City of Anna, Texas, except where the provisions of this Resolution are in direct conflict with the provisions of such resolutions, in which event the conflicting provisions of such resolutions are hereby repealed. SECTION 5. Severability Clause. If any provision, section, subsection, sentence, clause or phrase of this resolution, or the application of same to any person or set circumstances for any reason is held to be unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining portions of this resolution of the application thereby shall remain in effect, it being the intent of the City Council of the City of Anna, Texas in adopting this resolution, that no portion thereof or provision contained herein shall become inoperative or fail by any reason of unconstitutionality or invalidity of any portion or provision. SECTION 6. Repealer Clause. Any provisions of any prior resolution or ordinance of the City whether codified or uncodified, which are in conflict with any provision of the Resolution, are hereby repealed to the extent of the conflict, but all other provisions of the resolutions or ordinances of the City whether codified or uncodified, which are not in conflict with the provisions of this Resolutions, shall remain in full force and effect. SECTION 7. Open Meetings. It is hereby officially found and determined that all notice required by law has been given and notice of this resolution was posted and the resolution passed in accordance with the Open Meeting Act. SECTION 8. Effective Date. This resolution shall take effect immediately from and after its passage. PASSED, APPROVED AND ADOPTED by the City Council of he City of Anna, Texas, on this 24th day of August, 2021. AYOF A me 6 Pike, Mayor City of Anna Resolution No. a0a "0 g - Q n Page 2 EXHIBIT A I:1`/:\ 111 [Yl 01:Y1111 Y 11•KY77 ZY7 7r Y [Y7 1 BYLAWS ARTICLE I OFFICES SECTION 1.01. Principal Office. The principal office of the Anna Public Facility Corporation (the "Corporation") shall be at I I I N. Powell Parkway, Anna, Texas 75409. ARTICLE II DIRECTORS SECTION 2.01. General Authority. The affairs of the Corporation shall be managed by a board of directors (the "Board") which shall be composed in its entirety of persons appointed by and whose terms of office shall be fixed by the governing body of the City of Anna, Texas (the City"). The property and business of the Corporation shall be managed by the Board which may exercise all powers of the Corporation and do all lawful acts. SECTION 2.02. Membership. The Board of Directors shall consist of seven (7) directors, which shall be composed of the City of Anna, Texas, City Council ("City Council"), including the Mayor and members of the City Council. The board of directors shall automatically change each time the councilmembers of the City change. Any director shall cease to be a director at the time he or she ceases to be a Councilmember of the City. SECTION 2.03. Meetings; Notice. Meetings of the Board shall be called as necessary and shall normally be held as a jointly with a City Council meeting. Special meetings may also be called as necessary. All Board meetings shall be open to the public (subject to closed session exceptions) and shall be noticed and conducted in accordance the Texas Open Meetings Act, Texas Government Code, Chapter 551. Meetings may be held at the place selected by the Board within the boundaries of the State of Texas. SECTION 2.04. Remote Meetings. To the extent permitted under the Texas Open Meetings Act, Texas Government Code, Chapter 551, the Board may meet regularly or specially by means of conference telephone or similar communications equipment that permits all individuals participating in the meeting to hear one another and such participation shall constitute presence in person at the meeting. Anna Public Facility Corporation Bylaws Page 1 SECTION 2.05. Quorum, At all meetings of the Board the presence of a majority of the directors shall be necessary and sufficient to constitute a quorum for the transaction of business and the act of a majority of the directors present at any meeting at which there is a quorum shall be the act of the Board, except as may be otherwise specifically provided by the Texas Public Facility Corporation Act (Chapter 303, Texas Local Government Code, as amended) (the "Act") or other applicable law. SECTION 2.06. Notice. All meeting notices must be in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 2.07. Action. Any action required by the Act to be taken must be taken at a duly noticed meeting open to the public in accordance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 2.08. Ex-Officio Members. The City Manager or his or her respective designee, the City Finance Director, and any member of the governing body of the City 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 person is a Council member and also a member of the Board appointed by the governing body of the City. SECTION 2.09. No Compensation. Directors and Officers shall receive no compensation for services rendered as directors or officers, but shall be reimbursed for all reasonable expenses incurred in performing their duties as directors. This shall not affect entitlement to compensation received by employees of the City who may be appointed as officers. SECTION 2.10. Ethics Conflict of Interest. Directors and officers appointed by directors shall strictly adhere to all applicable provisions of state law, the City of Anna Home - Rule Charter and the City's Code of Ethics (Art. 2.07, Anna City Code of Ordinances). In addition to compliance with such laws, if a director or officer is aware that he/she has a conflict of interest with regard to any particular matter or vote coming before the Board, the director or officer shall bring the same to the attention of the Board and shall abstain from discussion and voting thereon. Any director or officer shall bring to the attention of the Board any apparent conflict of interest or potential conflict of interest of any other director or officer, 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 or officer 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. Public Records. Except as made confidential under the Texas Public Information Act or other law, the Corporation's records are public records and the Corporation shall comply with the Texas Public Information Act. Anna Public Facility Corporation Bylaws Page 2 SECTION 2.12. Committees. The Board may, by resolution or resolutions adopted by a majority of the whole Board, establish one or more committees, each committee to consist of two or more of the directors of the Corporation. Such committee or committees shall have such name or names, and such powers, as may be determined from time to time by resolution adopted by the Board of Directors. The committees shall keep regular minutes of their proceedings and report the same to the Board when required. Notwithstanding the foregoing, all officials action of the Board must be taken in accordance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. ARTICLE III NOTICES SECTION 3.01. Generally. Whenever under applicable law or these Bylaws, notice is required to be given to any director, it shall not be construed to mean personal notice, but such notice may be given in writing, by mail, electronic mail or facsimile, addressed to such director at such address, electronic mail address or facsimile number as appears on the books of the Corporation, and such notice shall be deemed to be given at the time when the same shall be thus mailed or transmitted by electronic mail or facsimile. SECTION 3.02. Waiver. Whenever any notice is required to be given under applicable law or of these Bylaws, a waiver thereof in writing signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent thereto. A person's attendance at a meeting shall constitute waiver of notice of such meeting. ARTICLE IV OFFICERS SECTION 4.01. Appointment. The officers of the Corporation shall be chosen by the Board. The Board shall choose from its members a President and a Vice President. The Board shall also choose a Secretary who may or may not be a member of the Board. Any two or more offices may be held by the same person, except the offices of President and Secretary. The Board shall choose such officers. SECTION 4.02. Term. The officers of the Corporation chosen pursuant to Section 4.01 shall serve for terms not longer than three years and may be reappointed to subsequent terms. SECTION 4.03. Other Officers. The Board may appoint such other officers and agents as it shall deem necessary, who shall hold their offices for such terms and shall exercise such powers and perform such duties as shall be determined from time to time by the Board. SECTION 4.04. Removal; Vacancy. Any officer elected or appointed by the Board may be removed at any time by the affirmative vote of a maj ority of the whole Board. If the office of any officer becomes vacant for any reason, the vacancy shall be filled by the Board. Anna Public Facility Corporation Bylaws Page 3 SECTION City Officers. The Board shall have the right to utilize the services of the City Manager, City Secretary, and City Attorney 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 4.06. The President. a) The President shall be the chief executive officer of the Corporation and shall preside at all meetings of the directors. b) The President shall be anex-officio member of all standing committees, shall have general supervision of the management of the business of the Corporation, and shall see that all orders and resolutions of the Board are carried into effect. c) The President shall execute bonds, mortgages, conveyances, assignments, notes and other contracts and instruments requiring a seal, under the seal of the Corporation, except where required or permitted by law to be otherwise signed and executed and except where the signing and execution thereof shall be expressly delegated by the Board to some other officer or agent of the Corporation. SECTION 4.Oe. The Vice President. The Vice President shall, in the absence or disability of the President, have the duties and exercise the powers of the President, and shall perform such other duties as the Board shall prescribe. 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 4.08. The Secretary. The Secretary shall attend all sessions of the Board and record all votes and the minutes of all proceedings and shall perform like duties for the standing committees when required. He/She shall give, or cause to be given, notice of all special meetings of the Board and shall perform such other duties as may be prescribed by the Board or the President under whose supervision he/she shall be. He/She shall keep in safe custody the seal of the Corporation and, when authorized by the Board, affix the same to any instrument requiring it, and, when so affixed, it shall be attested by his/her signature. And when the corporate seal is required as to instruments executed in the course of ordinary business, he/she shall attest to the signature of the President or Vice President and shall affix the seal thereto. SECTION 4.09. 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. Anna Public Facility Corporation Bylaws Page 4 ARTICLE V FISCAL PROVISIONS SECTION 5.01. Fiscal Year. The fiscal year, unless otherwise determined by the Board, shall end September 30 of each year. SECTION 5.02. Expenditures. All checks or demands for money and notes of the Corporation shall be signed by such officer or officers or such other person or persons, including the Executive Director, as the Board may from time to time designate, provided that in no event shall a check be negotiable until it is signed by at least one officer. SECTION 5.03. Policy. The Corporation shall adhere to the City's Financial Policy to guide the overall financial condition and operations of the Corporation including without limitation compliance with applicable provisions of the Texas Public Funds Investment Act. SECTION 5.04. Debt Instruments. Notwithstanding anything to the contrary herein or in the Articles of Incorporation, the Corporation shall be required to obtain the consent of the City for issuing bonds, notes, certificates, notes or other obligations Obligations"). Obligations are limited obligations of the housing finance corporation and are payable solely from the revenue, receipts, and other resources pledged to their payment. A bondholder or creditor may not compel the local government to pay the bond, the interest, or any redemption premium or other indebtedness. All proceeds from loans or from 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 execution or issuance. 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 and the City's Finance Director shall be the Corporation's investment officer. SECTION 5.05. Books Records Audits. 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. 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. The Corporation (or the City if the option described above 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 Anna Public Facility Corporation Bylaws Page 5 the expense of the Corporation. Representatives of the City may inspect the books, records, accounts, and financial statements of the Corporation at any time. ARTICLE VI SEAL SECTION 6.01. The corporate seal shall be circular and shall have inscribed in the outer circle "Anna Public Facility Corporation" and shall have inscribed in the inner circle the letters "T-E-X-A-S" and a five -pointed star. Said seal may be used by causing it or a facsimile thereof to be impressed or affixed or reproduced or otherwise. ARTICLE VII AMENDMENTS SECTION 7.01. These Bylaws maybe altered, changed, or amended at any meeting Athe Board at which a quorum is present, provided notice of the proposed alteration, change, or amendment be contained in the notice of such meeting, by the affirmative vote of a majority of the directors at such meeting and present thereat. ARTICLE VIII GENERAL PROVISIONS SECTION 8.01. Interpretation; Severability. Bylaws and all of 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 be affected thereby. SECTION 8.02. Principal Office, Registered Office, Registered Age. The principal office and the registered office of the Corporation shall be within the City at the address of the City Hall. The registered agent of the Corporation shall be the City Manager. Process may be served on the Corporation in accordance with applicable law. SECTION 8.03. Resi nag_tions. 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 or Secretary. The acceptance of a resignation shall not be necessary to make it effective, unless expressly so provided in the resignation. Anna Public Facility Corporation Bylaws Page 6 SECTION 8.04. Indemnification of Directors, Officers and Employees. a) 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) As provided in Section 303.037 of the Act, the Corporation shall indemnify each and every member of the Board, its officers and its employees and each member of the Board and each employee of the City, to the fullest extent permitted by law, against any and 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 sanctions and activities of the Corporation; provided, however, that the Corporation may not provide indemnity in any manner if the director, officer, employee, or agent is guilty of negligence or misconduct in relation to the matter. The legal counsel for the Corporation is authorized to provide a defense for members of the Board, officers, and employees of the Corporation. SECTION 8.05. Effective Date. These Bylaws shall become effective upon the occurrence of the following events. 1) the approval of the form of these Bylaws by the City, which approval maybe granted prior to the creation of the Corporation; and 2) the adoption of the Bylaws by the Board. SECTION 8.06. Termination. The Corporation may not be terminated if it has outstanding Obligations. Upon the termination of the Corporation after payment of all Obligations Athe Corporation, all remaining assets of the Corporation shall be transferred to the City's general fund. Adopted and effective this day of ATTEST: Nate Pilce, President Secretary 2021. Anna Public Facility Corporation Bylaws Page 7 CERTIFICATE OF SECRETARY I certify that I am the duly elected and acting secretary of Anna Public Facility Corporation and that these Bylaws constitute the Corporation's Bylaws. These Bylaws were duly adopted by the Board of Directors to be effective as of Secretary of Anna Public Facility Corporation Anna Public Facility Corporation Bylaws Page 8 l:_ ARTICLES OF INCORPORATION ANNA PUBLIC FACILITY CORPORATION A PUBLIC FACILITY CORPORATION AND INSTRUMENTALITY OF THE CITY OF ANNA, TEXAS Pursuant to the Texas Business Organizations Code, Anna Public Facility Corporation (the Corporation"), a nonprofit corporation incorporated under the laws of the State of Texas, and public nonprofit corporation under the Public Facility Corporation Act, as amended, Chapter 303, Texas Local Government Code (the "Act") with the approval of the city council of the City of Anna, Texas (the "City"), as evidenced by the resolution attached hereto as Exhibit "A" (the Resolution") and made a part of this Articles of Incorporation for all purposes, does hereby adopt the following Articles of Incorporation for the Corporation: ARTICLE ONE NAME The name of the Corporation is the "Anna Public Facility Corporation". ARTICLE TWO AUTHORIZATION The Corporation is a nonprofit public corporation. ARTICLE THREE DURATION Subject to the provisions of Article Thirteen hereof, the period of duration of the Corporation is perpetual. ARTICLE FOUR PURPOSE AND LIMITATIONS a) The Corporation is organized exclusively for the purpose of assisting the City in financing, refinancing, owning or providing public facilities. The Corporation shall have and possess the broadest possible powers to finance obligations issued or incurred in accordance with existing law, to provide for the acquisition, construction, rehabilitation, renovation, repair, equipping, furnishing and placement in service of public facilities of the City under the terms of Anna Public Finance Corporation Articles of Incorporation Page 1 the Act. The corporation is authorized to issue "bonds" as defined and permitted by the Act on behalf of the City; provided, however, no bonds, notes, interim certificates, or other evidence of indebtedness may be issued by the Corporation unless such bonds are first approved by resolution of the City. The Corporation is a public corporation, a constituted authority, and a public instrumentality within the meaning of the Act, the United States Treasury Department, the rulings of the Internal Revenue Service prescribed and promulgated pursuant to section 103 and 141 of the Internal Revenue Code of 1986, as amended, and the Corporation is authorized to act on behalf of the City as provided in this Articles of Incorporation. b) In the fulfillment of its corporate purpose, the Corporation shall have and may exercise the powers described in paragraph (a) of this Article, together with all of the other powers granted to corporations that are incorporated under the Act, and to the extent not in conflict with the Act, the Corporation shall additionally have and may exercise all of the rights, powers, privileges, authorities, and functions given by the general laws of the State to nonprofit corporations under the Texas Non -Profit Corporation Act, as amended, Texas Revised Civil Statutes Annotated Article 1396401, et seq., or any other applicable laws of the State. c) The Corporation shall have the purposes and powers permitted by the Act, but the Corporation does not have, and shall not exercise the powers of sovereignty of the City, including the power to tax, eminent domain, or police power. However, for the purposes of the Texas Tort Claims Act (Subchapter A, Chapter 101, Texas Civil Practice and Remedies Code), the Corporation is a governmental unit and its actions are governmental functions. d) No bonds or other obligations, contracts, or agreements of the Corporation are or shall ever be deemed to be or constitute the contracts, agreements, bonds, other debt instruments, or other obligations or the lending of credit, or a grant of the public money or things of value, of, belonging to, or by the State, the City, or any other political corporation, subdivision or agency of the State, or a pledge of the faith and credit of any of them. Any and all of such contracts, agreements, bonds or other debt instruments, and other obligations, contracts and agreements shall be payable solely and exclusively from the revenues and funds received by the Corporation fiom the sources authorized by the Act and from such other sources as may be otherwise lawfully available and belonging to the Corporation from time to time. e) The City, in its sole discretion, may alter the Corporation's structure, name, organization, programs, or activities; consistent with the Act and subject to limitations provided by law relating to the impairment of contracts entered into by the Corporation. ARTICLE FIVE FINANCING a) Before the consummation of the sale and delivery of any bonds, the Corporation shall obtain approval by the City, evidenced by the adoption of a written resolution. b) In the exercise of the powers of the Corporation, the Corporation may enter into a loan, lease, trust, or other agreements as authorized by the Act that are necessary and appropriate to the fulfillment of the public purpose of the Corporation, all of which agreements (and the Anna Public Finance Corporation Articles of Incorporation Page 2 specific uses, and the method of withdrawals and expenditure of the proceeds of the bonds) must be included as a part of the approval process of the City required by paragraph (a) above. ARTICLE SIX MEMBERS The Corporation has no members and is anon -stock corporation. ARTICLE SEVEN AMENDMENTS This Articles of Incorporation may be amended at any time as provided in the Act, to make any changes and add any provisions that might have been included in the Articles of Incorporation in the first instance. Any amendment may be accomplished in either of the following manners: a) The members of the board of directors of the Corporation shall file with the City a written application requesting approval of the amendments to the Articles of Incorporation, specifying in such application the amendments proposed to be made. The City shall consider such application and, if it shall, by appropriate resolution, duly find and determine that it is advisable that the proposed amendments be made, it shall approve the form of the proposed amendments. The board of directors of the Corporation may then amend the Articles of Incorporation by adopting such amendment at a meeting of the board of directors. The Corporation's president or vice president and the secretary of the City shall execute the amendment on behalf of the Corporation. The amendment and a certified copy of the resolution of the City shall be delivered to the Secretary of State as required by the Act; or b) The City may, at its sole discretion, and at any time, amend this Articles of Incorporation and alter or change the structure, name, organization, programs or activities of the Corporation, or terminate or dissolve the Corporation (subject to the provisions of the Act) by resolution as otherwise provided in the Act. ARTICLE EIGHT ADDRESS The street address of the initial registered office of the Corporation is 111 N. Powell Parkway, Anna, TX 75409, and the name of its initial registered agent at that address is the City of Anna City Manager. ARTICLE NINE BOARD OF DIRECTORS a) The affairs of the Corporation shall be managed by a board of directors, which shall be composed of the City Council, including the Mayor and members of the City Council. The board of directors shall automatically change each time the councilmembers of the City change. Any director shall cease to be a director at the time he or she ceases to be a Councilmember of the City. A quorum shall be as determined under the bylaws of the Corporation. Anna Public Finance Corporation Articles of Incorporation Page 3 b) The initial board of directors shall be composed of seven ( 7) directors. The names and street addresses of the persons who are to serve as the initial directors are as follows: Name Address Nate Pike c/o City of Anna I I I N. Powell Parkway Anna, Texas 75409 Kevin Toten c/o City of Anna I I I N. Powell Parkway Anna, Texas 75409 Lee Miller c/o City of Anna I I I N. Powell Parkway Anna, Texas 75409 Josh Volmer c/o City of Anna 111 N. Powell Parkway Anna, Texas 75409 Danny Ussery c/o City of Anna 111 N. Powell Parkway Anna, Texas 75409 Stan Carver II c/o City of Anna 111 N. Powell Panic -way Anna, Texas 75409 Randy Atchley c/o City of Anna 111 N. Powell Parkway Anna, Texas 75409 Subject to the automatic changing of directors as described in subsection (a), above, each director shall serve athree-year term unless sooner removed or resigned, as subj ect to the terms of the Act. Each director shall be eligible for reappointment, as subject to the terms of the Act. c) The directors shall serve without compensation, but they shall be reimbursed for their actual expenses incurred in the performance of their duties as directors. d) The board of directors shall elect a president, vice president, secretary, treasurer and any other officers that the Corporation considers necessary, to serve as executive officers of the Corporation, as more specifically provided in the Corporation's bylaws. Anna Public Finance Corporation Articles of Incorporation Page 4 e) Meetings of the board of directors are subj ect to the Texas Open Meetings Act, Texas Government Code, Chapter 551, and the Corporation is subject to the Texas Public Information Act, Texas Government Code, Chapter 552. ARTICLE TEN BYLAWS The initial bylaws of the Corporation shall be adopted by the Corporation's board of directors and shall, together with these Articles of Incorporation, govern the initial affairs of the Corporation until and unless amended in accordance with the provisions of the Act and these Articles of Incorporation. The bylaws and each amendment and repeal of the bylaws must be approved by the City by resolution. ARTICLE ELEVEN INCORPORATOR The name and street address of the incorporator is: Name Address Joey Grisham c/o City of Anna I I I N. Powell Parkway Anna, Texas 75409 ARTICLE TWELVE CITY APPROVAL a) The City has specifically authorized the Corporation by resolution to act on its behalf to further the public purposes stated in these Articles of Incorporation, and the City has by Resolution approved this Articles of Incorporation. A copy of this Resolution is attached hereto as Exhibit "A" and is on file among the permanent public records of the City and the Corporation. b) The City is the Corporation's "Sponsor" (as defined by the Act) and has caused this Corporation to be created. The address of the Sponsor and the Corporation is 111 N. Powell Parkway, Anna, TX 75409. ARTICLE THIRTEEN TERMINATION AND DISSOLUTION The City, by written resolution, may authorize and direct the termination and dissolution of the Corporation. However, the Corporation shall not be dissolved, and its business shall not be terminated, by act of the City or otherwise, so long as the Corporation shall be obligated to pay any debt. Anna Public Finance Corporation Articles of Incorporation Page 5 IN WITNESS HEREOF, I have hereunto set my hand this day of Joey Grisham VERIFICATION State of Texas County of Collin 2021. Joey Grisham personally appeared before me, and being first duly sworn declared that he signed these articles in the capacity designated, if any, and further states that he has read the above application and the statements therein contained are true. Notary Public's Signature Given under my hand and seal of office this day of Notary —State of Texas 2021. Anna Public Finance Corporation Articles of Incorporation Page 6 EXHIBIT A Approving Resolution of the City Anna Public Finance Car•poration Articles of Incorporation Page 7 EXHIBIT A ANNA PUBLIC FACILITY CORPORATION BYLAWS ARTICLE I OFFICES SECTION 1.01. Principal Office. The principal office of the Anna Public Facility Corporation (the "Corporation") shall be at I I I N. Powell Parkway, Anna, Texas 75409. ARTICLE II DIRECTORS SECTION 2.01. General Authority. The affairs of the Corporation shall be managed by a board of directors (the "Board") which shall be composed in its entirety ofpersons appointed by and whose terms of office shall be fixed by the governing body of the City of Anna, Texas (the "City"). The property and business of the Corporation shall be managed by the Board which may exercise all powers of the Corporation and do all lawful acts. SECTION 2.02. Membership. The Board of Directors shall consist of seven (7) directors, which shall be composed of the City of Anna, Texas, City Council ("City Council"), including the Mayor and members of the City Council. The board of directors shall automatically change each time the councilmembers of the City change. Any director shall cease to be a director at the time he or she ceases to be a Councilmember of the City. SECTION 2.03. Meetings; Notice. Meetings of the Board shall be called as necessary and shall normally be held as a j ointly with a City Council meeting. Special meetings may also be called as necessary. All Board meetings shall be open to the public (subject to closed session exceptions) and shall be noticed and conducted in accordance the Texas Open Meetings Act, Texas Government Code, Chapter 551. Meetings may be held at the place selected by the Board within the boundaries of the State of Texas. SECTION 2.04. Remote Meetings. To the extent permitted under the Texas Open Meetings Act, Texas Government Code, Chapter 551, the Board may meet regularly or specially by means of conference telephone or similar communications equipment that permits all individuals participating in the meeting to hear one another and such participation shall constitute presence in person at the meeting. SECTION 2.05. uorum. At all meetings of the Board the presence of a majority of the directors shall be necessary and sufficient to constitute a quorum for the transaction of business and the act of a majority of the directors present at any meeting at which there is a quorum shall be the act of the Board, except as may be otherwise specifically provided by the Texas Public Facility Corporation Act (Chapter 303, Texas Local Government Code, as amended) (the "Act") or other applicable law. SECTION 2.06. Notice. All meeting notices must be in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 2.07. Action. Any action required by the Act to be taken must be taken at a duly noticed meeting open to the public in accordance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 2.08. Ex-Officio Members. The City Manager or his or her respective designee, the City Finance Director, and any member of the governing body of the City 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 person is a Council member and also a member of the Board appointed by the governing body of the City. SECTION 2.09. - No Compensation. Directors and Officers shall receive no compensation for services rendered as directors or officers, but shall be reimbursed for all reasonable expenses incurred in performing their duties as directors. This shall not affect entitlement to compensation received by employees of the City who may be appointed as officers. SECTION 2.10. Ethics• Conflict of Interest. Directors and officers appointed by directors shall strictly adhere to all applicable provisions of state law, the City of Anna Home - Rule Charter and the City's Code of Ethics (Art. 2.07, Anna City Code of Ordinances). In addition to compliance with such laws, if a director or officer is aware that he/she has a conflict of interest with regard to any particular matter or vote coming before the Board, the director or officer shall bring the same to the attention of the Board and shall abstain from discussion and voting thereon. Any director or officer shall bring to the attention of the Board any apparent conflict of interest or potential conflict of interest of any other director or officer, 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 or officer 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. Public Records. Except as made confidential under the Texas Public Information Act or other law, the Corporation's records are public records and the Corporation shall comply with the Texas Public Information Act, SECTION 2.12. Committees. The Board may, by resolution or resolutions adopted by a majority of the whole Board, establish one or more committees, each committee to consist of two or more of the directors of the Corporation. Such committee or committees shall have such name or names, and such powers, as may be determined from time to time by resolution adopted by the Board of Directors. The committees shall keep regular minutes of their proceedings and report the same to the Board when required. Notwithstanding the foregoing, all officials action of the Board must be taken in accordance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. ARTICLE III NOTICES SECTION 3.01. Generally. Whenever under applicable law or these Bylaws, notice is required to be given to any director, it shall not be construed to mean personal notice, but such notice may be given in writing, by mail, electronic mail or facsimile, addressed to such director at such address, electronic mail address or facsimile number as appears on the books of the Corporation, and such notice shall be deemed to be given at the time when the same shall be thus mailed or transmitted by electronic mail or facsimile. SECTION 3.02. Waiver. Whenever any notice is required to be given under applicable law or of these Bylaws, a waiver thereof in writing signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent thereto. A person's attendance at a meeting shall constitute waiver of notice of such meeting. ARTICLE IV OFFICERS SECTION 4.01. Appointment. The officers of the Corporation shall be chosen by the Board. The Board shall choose from its members a President and a Vice President. The Board shall also choose a Secretary who may or may not be a member of the Board. Any two or more offices may be held by the same person, except the offices of President and Secretary. The Board shall choose such officers. SECTION 4.02. Term. The officers of the Corporation chosen pursuant to Section 4.01 shall serve for terms not longer than three years and may I to subsequent terms. SECTION 4.03. Other Officers. The Board may appoint such other officers and agents as it shall deem necessary, who shall hold their offices for such terms and shall exercise such powers and perform such duties as shall be determined from time to time by the Board. SECTION 4.04. Removal; Vacancy. Any officer elected or appointed by the Board may be removed at any time by the affirmative vote of a majority of the whole Board. If the office of any officer becomes vacant for any reason, the vacancy shall be filled by the Board. SECTION 4.05. City Officers. The services of the City Manager, City Secretary, Board shall have the right to utilize the performance of such service does not materially interfere with the other duties of such personnel of the City. SECTION 4.06. The President. a) The President shall be the chief executive officer of the Corporation and shall preside at all meetings of the directors. b) The President shall be an ex-officio member of all standing committees, shall have general supervision of the management of the business of the Corporation, and shall see that all orders and resolutions of the Board are carried into effect. c) The President shall execute bonds, mortgages, conveyances, assignments, notes and other contracts and instruments requiring a seal, under the seal of the Corporation, except where required or permitted by law to be otherwise signed and executed and except where the signing and execution thereof shall be expressly delegated by the Board to some other officer or agent of the Corporation. SECTION 4.Oe. The Vice President. The Vice President shall, in the absence or disability of the President, have the duties and exercise the powers of the President, and shall perform such other duties as the Board shall prescribe. 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 4.08. The Secretary. The Secretary shall attend all sessions ofthe Board and record all votes and the minutes of all proceedings and shall perform like duties for the standing committees when required. He/She shall give, or cause to be given, notice of all special meetings of the Board and shall perform such other duties as may be prescribed by the Board or the President under whose supervision he/she shall be. He/She shall keep in safe custody the seal of the Corporation and, when authorized by the Board, affix the same to any instrument requiring it, and, when so affixed, it shall be attested by his/her signature. And when the corporate seal is required as to instruments executed in the course of ordinary business, he/she shall attest to the signature of the President or Vice President and shall affix the seal thereto. SECTION 4.09. 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 V FISCAL PROVISIONS SECTION 5.01. Fiscal Year. The fiscal year, unless otherwise determined by the Board, shall end September 30 of each year. SECTION 5.02. Expenditures. All checks or demands for money and notes of the Corporation shall be signed by such officer or officers or such other person or persons, including the Executive Director, as the Board may from time to time designate, provided that in no event shall a check be negotiable until it is signed by at least one officer. SECTION 5.03. Policy. The Corporation shall adhere to the City's Financial Policy to guide the overall financial condition and operations of the Corporation including without limitation compliance with applicable provisions of the Texas Public Funds Investment Act. SECTION 5.04. Debt Instruments. Notwithstanding anything to the contrary herein or in the Articles of Incorporation, the Corporation shall be required to obtain the consent of the City for issuing bonds, notes, certificates, notes or other obligations Obligations"). Obligations are limited obligations of the housing finance corporation and are payable solely fiom the revenue, receipts, and other resources pledged to their payment. A bondholder or creditor may not compel the local government to pay the bond, the interest, or any redemption premium or other indebtedness. All proceeds from loans or from 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 execution or issuance. 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 and the City's Finance Director shall be the Corporation's investment officer. SECTION 5.05. Books Records Audits. 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. 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. The Corporation (or the City if the option described above 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. Representatives of the City may inspect the books, records, accounts, and financial statements of the Corporation at any time. ARTICLE VI SEAL SECTION 6.01. The corporate seal shall be circular and shall have inscribed in the outer circle "Anna Public Facility Corporation" and shall have inscribed in the inner circle the letters "T-E-X-A-S" and a five -pointed star. Said seal may be used by causing it or a facsimile thereof to be impressed or affixed or reproduced or otherwise. ARTICLE VII AMENDMENTS SECTION 7.01. These Bylaws may be altered, changed, or amended at any meeting of the Board at which a quorum is present, provided notice of the proposed alteration, change, or amendment be contained in the notice of such meeting, by the affirmative vote of a majority of the directors at such meeting and present thereat. ARTICLE VIII GENERAL PROVISIONS SECTION 8.01. Interpretation; Severability. Bylaws and all of 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 be affected thereby. SECTION 8.02. Principal Office, Registered Office, Registered Agent. The principal office and the registered office of the Corporation shall be within the City at the address of the City Hall. The registered agent of the Corporation shall be the City Manager. Process may be served on the Corporation in accordance with applicable law. SECTION 8.03. Resi nab tions. 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 or Secretary. The acceptance of a resignation shall not be necessary to make it effective, unless expressly so provided in the resignation. SECTION 8.04. Indemnification of Directors, Officers and Employees. a) 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) As provided in Section 303.037 of the Act, the Corporation shall indemnify each and every member of the Board, its officers and its employees and each member of the Board and each employee of the City, to the fullest extent permitted by law, against any and 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 sanctions and activities of the Corporation; provided, however, that the Corporation may not provide indemnity in any manner if the director, officer, employee, or agent is guilty of negligence or misconduct in relation to the matter. The legal counsel for the Corporation is authorized to provide a defense for members of the Board, officers, and employees of the Corporation. SECTION 8.05. Effective Date. These Bylaws shall become effective upon the occurrence of the following events: 1) the approval of the form of these Bylaws by the City, which approval may be granted prior to the creation of the Corporation; and 2) the adoption of the Bylaws by the Board. SECTION 8.06. Termination. The Corporation may not be terminated if it has outstanding Obligations. Upon the termination of the Corporation after payment of all Obligations of the Corporation, all remaining assets of the Corporation shall be transferred to the City's general fund. Adopted and effective this ATTEST: Nate Pike, President Secretary 2021. CERTIFICATE OF SECRETARY I certify that I am the duly elected and acting secretary of Anna Public Facility Corporation and that these Bylaws constitute the Corporation's Bylaws. These Bylaws were duly adopted by the Board of Directors to be effective as of Secretary of Anna Public Facility Corporation Item No. 7.t. City Council Agenda Staff Report Meeting Date: 5/28/2024 Staff Contact: Carrie Land AGENDA ITEM: Consider/Discuss/Action on appointment of a Mayor Pro Tem. (City Secretary Carrie Land) SUMMARY: City Charter 3.04(b) The Mayor Pro-Tem is a Council Member elected by the City Council at the first regular meeting after each election of Council Members and/or Mayor. The Mayor Pro-Tem must act as Mayor during the disability or absence of the Mayor, and in this capacity has the rights conferred upon the Mayor. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: Item No. 7.u. City Council Agenda Staff Report Meeting Date: 5/28/2024 Staff Contact: Carrie Land AGENDA ITEM: Consider/Discuss/Action on appointment of a Deputy Mayor Pro Tem. (City Secretary Carrie Land) SUMMARY: Anna City Charter 3.04(c) The Deputy Mayor Pro-Tem is a Council Member elected by the City Council at the first regular meeting after each election of Council Members and/or Mayor. The Deputy Mayor Pro-Tem must act as Mayor during the disability or absence of the Mayor and Mayor Pro-Tem, and in this capacity has the rights conferred upon the Mayor. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: STRATEGIC CONNECTIONS: This item has no financial impact.This item has no strategic connection. ATTACHMENTS: Item No. 8.d. City Council Agenda Staff Report Meeting Date: 5/28/2024 Staff Contact: AGENDA ITEM: Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). Boards, Commissions and City Council SUMMARY: FINANCIAL IMPACT: BACKGROUND: STRATEGIC CONNECTIONS: ATTACHMENTS: