HomeMy WebLinkAbout2024-10-08 Work Session & Regular Meeting PacketAGENDA
City Council Work Session
Tuesday, October 8, 2024 @ 5:30 PM
Anna Municipal Complex - Council Chambers
120 W. 7th Street, Anna, Texas 75409
The City Council of the City of Anna will meet in a Closed Session on 10/08/2024 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.
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).
The Council further reserves the right to enter into executive session at any time
throughout any duly noticed meeting under any applicable exception to the Open
Meetings Act.
3.Consider/Discuss/Action on any items listed on any agenda - work session, regular
meeting, or closed session - that is duly posted by the City of Anna for any City Council
meeting occurring on the same date as the meeting noticed in this agenda.
4.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 10/03/2024.
____________________________
Carrie L. Land, City Secretary
AGENDA
City Council Meeting
Tuesday, October 8, 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 10/08/2024 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.
5.Work Session.
a.Presentation of Anna Crossing Park Master Plan (Park Planning and
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 September 24, 2024. (City Secretary
Carrie Land)
b.Approve a Resolution Authorizing the Execution of a Contract for the Purchase
of a Pierce Fire Engine from Siddons-Martin Emergency Group. (Fire Chief Ray
Isom)
c.Approve a Resolution appointing an Associate Judge of the Municipal Courts of
the City of Anna. (Finance Director Aimee Ferguson)
d.Approve a Resolution amending signatories to transact business with Simmons
Bank. (Director of Finance Aimee Ferguson)
7.Items For Individual Consideration.
a.Consider/Discuss/Action on nominations for the 2025 Collin Central Appraisal
District Board of Directors. (City Secretary Carrie Land)
b.Consider/Discuss/Action on Meeting Dates for November and December 2024.
(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). Potential residential and commercial
developments and financial incentives.
d.Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074).
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 PM
on 10/04/2024.
Carrie L. Land, City Secretary
Item No. 5.a.
City Council Agenda
Staff Report
Meeting Date: 10/8/2024
Staff Contact: Dalan Walker
AGENDA ITEM:
Presentation of Anna Crossing Park Master Plan (Park Planning and Development
Manager Dalan Walker)
SUMMARY:
Staff will present a final draft of the master plan of Anna Crossing Park for City Council
review and feedback. A review of the design process and public input will be included
in the presentation. Once the master plan is finalized, the next step in the project is the
development of construction drawings by Huitt-Zollars.
FINANCIAL IMPACT:
Though the master plan is intended to facilitate the construction of Anna Crossing Park,
which is funded in the FY24-25 budget, there is no immediate financial impact specific
to this agenda item.
BACKGROUND:
During project kick-off, Huitt-Zollars met with staff to create a preliminary program, and
they developed a conceptual plan that considered site constraints and opportunities
after several visits to the park property. The Anna Crossing and Anna Ranch neighbors
were invited to a public meeting held during the Parks Advisory Board (PAB) meeting on
June 17, 2024. During the meeting neighbors were invited to provide input on the
program and design of the park. The information received at the public meeting was
organized, and several revisions were made to the conceptual master plan based upon
neighbor feedback. The PAB provided additional comments when the revised plan was
presented at the July board meeting. Again, the plan was tweaked to reflect comments
from the PAB and revisions necessary to stay within the anticipated construction
budget. The final draft master plan was presented to the PAB during a Park CIP project
tour where board members walked the undeveloped park site. The presentation at the
October 8th City Council meeting will be the last opportunity for input prior to finalizing
the master plan for the park and beginning construction documents.
Funding for the development of a master plan and construction documents was
included in the FY23-24 Park CIP budget, and construction is funded in this year's
budget.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Active.
ATTACHMENTS:
1. R31634801-ACP Master Plan 100_Render_09-09-2024
Item No. 6.a.
City Council Agenda
Staff Report
Meeting Date: 10/8/2024
Staff Contact:
AGENDA ITEM:
Approve City Council Meeting Minutes for September 24, 2024. (City Secretary Carrie
Land)
SUMMARY:
FINANCIAL IMPACT:
BACKGROUND:
STRATEGIC CONNECTIONS:
ATTACHMENTS:
1. 2024-09-24 Worksession Minutes Draft
2. 2024-09-24 Minutes DRAFT
City Council Work Session
Meeting Minutes
Tuesday, September 24, 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 09/24/2024 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 Cain called the meeting to order at 5:30 PM.
Members Present:
Mayor Pete Cain
Mayor Pro Tem Stan Carver ll
Deputy Mayor Pro Tem Elden Baker
Council Member Kevin Toten
Council Member Jody Bills
Council Member Kelly Herndon
Council Member Lee Miller
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). City
Council; City Attorney annual review; Boards and Commissions
MOTION: Council Member Herndon moved to enter closed session. Council
Member Toten seconded. Motion carried 7-0.
Mayor Cain recessed the meeting at 5:31 PM.
Mayor Cain reconvened the meeting at 6:01 PM.
The Council further reserves the right to enter into executive session at any time
throughout any duly noticed meeting under any applicable exception to the Open
Meetings Act.
3.Consider/Discuss/Action on any items listed on any agenda - work session, regular
meeting, or closed session - that is duly posted by the City of Anna for any City Council
meeting occurring on the same date as the meeting noticed in this agenda.
No action was taken.
4.Adjourn.
Mayor Cain adjourned the meeting at 6:01 PM.
Regular City Council Meeting
Meeting Minutes
Tuesday, September 24, 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 9/24/2024 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 Cain called the meeting to order at 6:02 PM.
Members Present:
Mayor Pete Cain
Mayor Pro Tem Stan Carver ll
Deputy Mayor Pro Tem Elden Baker
Council Member Kevin Toten
Council Member Jody Bills
Council Member Kelly Herndon
Council Member Lee Miller
Members Absent:
None
2.Invocation and Pledge of Allegiance.
Deputy Mayor Pro Tem Baker led the 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.
Dwyke Williams, Dephine Lowrey and Ms. Tee spoke with regard to the North
Pointe ravine.
Terrell Campbell spoke on tree preservation.
Steven Smith spoke about government transparency and tree preservation.
Betty Sharp spoke in regards to future development.
4.Reports.
Receive reports from Staff or the City Council about items of community interest.
Council Member Toten noted October 1 is National Night Out. He challenged
neighbors to turn house lights blue beginning September 30th through October
10th to show support for the police department.
Deputy Mayor Pro Tem Baker noted it is Rail Crossing Safety week.
5.Work Session.
a.Discussion of Fire-Rescue Service in the County (Fire Chief Ray Isom)
Fire Chief Isom presented how Anna Fire-Rescue has traditionally provided
service to county (Anna ETJ) residents while also discussing future options.
A number of neighboring cities in Collin County are having discussions about
fire-rescue services in the county and their respective ETJs. We believe that
now is also the appropriate time to discuss several issues that have recently
arisen related to levels of expected service and the County's contributions to
provide that service to its taxpayers.
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.
MOTION: Council Member Herndon moved to approve consent items 6 a. through j..
Council Member Miller seconded. Motion carried .7-0.
a.Approve City Council Meeting Minutes for September 10, 2024. (City Secretary
Carrie Land)
b.Review Minutes of the August 1, 2024, Joint Community Development
Corporation and Economic Development Corporation Board Meeting. (Director
of Economic Development Bernie Parker)
c.Review Monthly Financial Report for the Month Ending August 31, 2024.
(Budget Manager Terri Doby)
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 August 31, 2024. The financial condition of the City remains strong and
the reported funds adhere to fund balance requirements.
d.Approve a Resolution re-appointing Robert Hallberg as City of Anna
representative on the Greater Texoma Utility Authority Board of Directors for the
term to expire December 31, 2026. (Assistant City Manager Greg Peters, P.E.)
The City is a member of the Greater Texoma Utility Authority. GTUA is a
special-law district organized under Article XVI, Section 59, of the Texas
constitution and operates under Chapter 49 of the Texas Water Code. GTUA is
governed by a Board of Directors appointed by its member cities. Place 8 on the
GTUA Board is appointed by the City
Council of Anna.
Currently, Robert Hallberg sits on the board, in Place 8, with a term expiring
December 31, 2024. Mr. Hallberg has expressed an interest in continuing to
serve.
A RESOLUTION OF THE CITY OF ANNA, TEXAS MAKING AN
APPOINTMENT TO THE GREATER TEXOMA UTILITY AUTHORITY BOARD
OF DIRECTORS
e.Approve a Resolution approving and authorizing the City Manager to execute
an extension to the Agreement between Grace Place Community Garden and
the City of Anna. (Community Enhancement Coordinator Olivia Demings)
n October 2023, the City of Anna and Grace Place Community Garden re-
entered, for the second year, into a mutually beneficial agreement to enhance
community involvement by providing fresh vegetables for the food pantry and
educational opportunities.
Staff recommends extending an agreement between the City of Anna and Grace
Place Community Garden for the use of the garden as an educational space for
a period of one year. The City will provide a stipend of $1,000 to be applied to
the Grace Place Community Garden utility bill.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN
EXTENSION TO THE AGREEMENT WITH GRACE PLACE OF ANNA FOR
THE PROVISION OF AN UTILITY BILL STIPEND AND CREATION OF
COMMUNITY EDUCATION PROGRAMMING
f.Approve a Resolution authorizing the City Manager to execute easement
documents for a new franchise utility easement for ONCOR energy at Slayter
Creek Park. (Assistant City Manager Greg Peters)
There is an existing Oncor Electric Delivery Company infrastructure located
along the shared property line between Slayter Creek Park and the adjacent
Anna ISD property. Anna ISD is in the process of constructing a new
Administration Building on their property. The new facility requires electrical
system improvements on both sides of the shared property line.
Anna ISD has requested for the City of Anna to dedicate an electric line
easement to Oncor to allow for the required installation of additional electric
facilities. City staff has reviewed the requested easement and proposed facilities
and finds there will be no negative impact to Slayter Creek Park. Staff
recommends approval of this item.
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE DOCUMENTS FOR GRANTING AN ONCOR
ELECTRIC
DELIVERY COMPANY, LLC EASEMENT ON LOT 2 OF THE ANNA ISD PARK
ADDITION IN THE CITY OF ANNA, TEXAS, WITH AN EFFECTIVE DATE.
g.Approve a Resolution awarding a professional services contract to Geotex
Engineering for materials testing and observation services for the Pecan Grove
Trail project. (Park Planning and Development Manager Dalan Walker)
The Pecan Grove Trail project was designed by Jacobs Engineering and will be
constructed by Perfect Finish Landscaping. The trail runs through Pecan Grove
Park beginning at Luscome Ln cul-de-sac and continuing through the park to the
cul-de-sac at Leslie Dr. The trail will also cross Slayter Creek via a bridge and
connect to the existing trail in the Park Place development. Parking will be
provided at each cul-de-sac.
Materials testing and construction observation services are necessary to ensure
the contractor's work meets the project specifications.
The professional services contract with Geotex Engineering is for materials
testing and construction observation/inspection services for the Pecan Grove
Trail Project. The work includes testing of moisture content in soils, concrete
strength, and inspection of piers and steel reinforcement. All capital projects of
this nature require material testing.
A RESOLUTION OF THE CITY OF ANNA, TEXAS, APPROVING A
PROFESSIONAL SERVICES AGREEMENT WITH GEOTEX ENGINEERING,
INC, TO PROVIDE MATERIALS TESTING AND CONSTRUCTION
OBSERVATION/INSPECTION SERVICES FOR THE PECAN GROVE TRAIL
PROJECT.
h.Approve a Resolution authorizing the City Manager to award the AV contract to
AVI-SPL for audio and visual equipment for the community library in the amount
not to exceed six hundred, ninety thousand and zero cents ($690,000).
(Neighborhood Services Director Marc Marchand)
As the Anna Community Library is under construction, staff have begun the
process of sourcing and purchasing items necessary to operate the library. This
item is to award the contract for audio & visual equipment required for use of the
library facility.
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY
MANAGER TO AWARD THE AV CONTRACT TO AVI-SPL FOR AUDIO AND
VISUAL
EQUIPMENT FOR THE COMMUNITY LIBRARY IN THE AMOUNT NOT TO
EXCEED SIX HUNDRED, NINETY THOUSAND AND ZERO CENTS
($690,000.00), AND
PROVIDING AN EFFECTIVE DATE.
i.Approve a Resolution Authorizing Participation in Additional Class Action
Settlement Agreements Relating to Aqueous Form Filming Foams Litigation.
(City Attorney Clark McCoy)
Anna has already opted into class action litigation and settlements involving
PFAS ("Per- and polyfluoroalkyl substances" a.k.a. Forever Chemicals) with
defendants
Dupont and 3M. There are now two additional class action settlements in the
works for PFAS-related matters with new defendant groups: BASF and Tyco.
The lawsuits allege that these manufacturing companies polluted public water
systems with PFAS. Cities have reached settlements with these companies and
Anna has the opportunity to participate in these additional class action suits.
Anna Public Works has been testing water flows and other elements to show
that Anna is eligible to participate in these suits, and we should be able to use
that same data to demonstrate eligibility for the new settlements with BASF and
Tyco.
It is not yet known how much the award could be for Anna, but we believe
participation is worth it as there seems very little downside to opting in. We
recommend that the City opt in and participate in these class actions.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS,
AUTHORIZING PARTICIPATION IN ADDITIONAL CLASS ACTION
SETTLEMENT AGREEMENTS RELATING TO AQUEOUS FORM FILMING
FOAMS LITIGATION; AUTHORIZING THE CITY MANAGER TO EXECUTE
THE FURTHER DOCUMENTS; AND PROVIDING AN EFFECTIVE DATE.
j.Approve a Resolution Consenting to the Creation of a Political Subdivision in
the City's Extraterritorial Jurisdiction . (City Attorney Clark McCoy)
The City received a petition for the creation of a Municipal Utility District
currently known as "Seven Springs" located on the far western border of the
City's ETJ. The vast majority of the MUD is located outside the City's ETJ. The
developer has also petitioned for the small area inside the City to be removed
from the City's ETJ. The MUD will be able to form regardless of whether the City
consents but the Consent resolution provides certain parameters for the
District's issuance of bonds and development in general
The item before Council is a Resolution Consenting to the Creation of a Political
Subdivision in the City's ETJ.
RESOLUTION OF THE CITY OF ANNA, TEXAS CONSENTING TO THE
CREATING OF POLITICAL SUBDIVISION IN THE EXTRATERRITORIAL
JURISDICTION OF THE CITY OF ANNA, TEXAS
7.Items For Individual Consideration.
a.Consider/Discuss/Action on a Resolution directing the City Attorney and City
Manager to prepare an amendment to the existing development agreement
approved on December 13, 2022 via Resolution 2022-12-1335, per a request
from NexMetro Communities for additional time on the project schedule.
(Assistant City Manager Greg Peters)
On December 13, 2022, the City of Anna entered into a development agreement
with Calms Group, LLC pertaining to development and design regulations for
multi-family and commercial development on the east side of US 75 and south
of FM 455. (Resolution 2022-12-1335)
NexMetro Communities is the developer of the multi-family component of the
project. The development agreement has specific deadlines for progression of
the multi family component of the project as outlined in Section 4 and 5 of the
agreement.
The specific deadlines identified in Section 4 of the agreement are (paraphrased
for presentation purposes):
1. Within 120 days after City Council approval of the zoning change, Owner will
have submitted a preliminary plat and tree preservation plan to the City.
2. Within 180 days after the City has approved the preliminary plat, Owner shall
have submitted a site plan, landscaping plan, lighting plan, and final plat.
3. A pre-construction meeting between the Owner and City staff shall occur
within 90 days of final approval of the civil plans.
4. Site construction pursuant to final approved civil plans must commence within
120 days after the pre-construction meeting.
5. The owner must submit plans and specifications for the buildings no later than
180 days after civil plans are approved by the City. Owner must submit an
application
for a building permit within 60 days of City acceptance of civil construction and
public improvements.
6. Recordation of the multi-family final plat must occur within 180 days of the
commencement of site construction.
7. Vertical construction pursuant to the building plans must commence within
120 days after obtaining a building permit.
NexMetro is requesting an amendment to the agreement in order to allow for
additional time for items 3 through 7.
The specific requirements and deadlines identified in Section 5 of the agreement
are (paraphrased for presentation purposes):
A. Owner shall design and construct Buddy Hayes Boulevard on the property
from the end of the existing concrete roadway to the north to the southern
boundary of
the property. (Off-site and On-site Roadway Improvements - there are two
options, depending upon timing of adjacent development to the north of the
Subject Property)
B. Owner shall commence construction of Buddy Hayes Boulevard on or before
the 180th day after the City's approval of the civil construction plans. Owner
shall complete construction on or before the 360th day after commencement of
construction.
C. Owner shall design, construct, and install a 12-inch water main. Owner shall
commence construction of the water main on or before the 180th day after the
City's approval of the civil construction plans. Owner shall complete construction
of the 12-inch water main on or before the 360th day after commencement of
construction.
D. If Owner meets deadlines in Section 5B and 5C, the City will pay to Owner all
Roadway Impact Fees and Water Impact Fees collected from the geographic
area identified in the agreement.
NexMetro is requesting an amendment to the agreement in order to allow for
additional time for items B and C and to make changes to the terms of the
impact fee reimbursement.
Per the terms of the agreement, if the developer is found to be in default of the
agreement, the City has specific remedies available, as defined in Section 6,
including
(paraphrased for presentation purposes):
A. Withholding of utilities, permits, and other approvals.
B. liquidated damages in the sum of $2,000 per day for each failure to materially
comply with the development standards.
C. City may withhold and retain and/or expend any remaining roadway impact
fees for any lawful purpose.
The City Manager and City Attorney are prepared to work with attorneys for
NexMetro Communities on an amendment to the development agreement to
include the changes requested by NexMetro Communities. If the City Council
approves the attached Resolution, the City will begin the process of amending
the agreement, which will be placed on a future City Council Agenda for
discussion and consideration. City staff does not have a recommendation of
approval or disapproval of this item. The intended purpose of development
agreement deadlines has been met for this project.
Since the developer is not able to meet the deadlines identified in the original
agreement, the developer is required to come to the City Council to formally
request additional time. Staff recommends for the City Council to receive the
developer's request, review the request as it pertains to the needs of the
community, and ask the developer questions as necessary to consider approval.
MOTION: Council Member Miller to approve. Deputy Mayor Pro Tem Baker
seconded. Motion carried 6-1. Council Member Bills opposed.
A RESOLUTION OF THE CITY OF ANNA, TEXAS DIRECTING THE CITY
ATTORNEY AND CITY MANAGER TO NEGOTIATE FOR A PROPOSED
AMENDMENT TO THE DEVELOPMENT AGREEMENT APPROVED BY THE
CITY COUNCIL IN RESOLUTION 2022-12-1335, AND PLACE THE
PROPOSED AMENDMENT ON A
FUTURE CITY COUNCIL AGENDA FOR DISCUSSION AND
CONSIDERATION, WITH AN EFFECTIVE DATE.
b.Consider/Discuss/Action on a Resolution directing the City Attorney and City
Manager to prepare an amendment to the existing development agreement
approved on April 12, 2022 via Resolution 2022-04-1142, per a request from
NRP Group for additional time on the project schedule. (Assistant City Manager
Greg Peters)
On April 12, 2022, the City of Anna entered into a development agreement with
Anna31 Retail, LP pertaining to development and design regulations for a multi-
family
development on the east side of US 75 and south of FM 455. (Resolution 2022-
04-1142)
NRP Group is the developer of the proposed multi-family project. The
development agreement has specific deadlines for progression of the multi-
family component of the project as outlined in Section 4 and 5 of the agreement.
The specific deadlines identified in Section 4 of the agreement are (paraphrased
for presentation purposes):
1. Within 45 days after City Council approval of the zoning change, Owner will
have submitted a replant of the property.
2. Within 180 days after the City has approved the replat, Owner shall have
submitted a site plan, landscaping plan, lighting plan, replant showing
easements, and civil plans.
3. A preconstruction meeting between the Owner and City staff shall occur
within 60 days of final approval of the civil plans.
4. Site construction pursuant to final approved civil plans must commence within
90 days after the pre-construction meeting.
5. Owner must submit plans and specifications for the buildings no later than
150 days after civil plans are approved by the City. Owner must submit an
application for a building permit within 60 days of City acceptance of civil
construction and public improvements.
6. Recordation of the multi-family final plat must occur within 420 days of the
commencement of site construction.
7. Vertical construction pursuant to the building plans must commence within
120 days after obtaining a building permit.
NRP Group is requesting an amendment to the agreement in order to allow for
additional time for items 3 through 7.
Per the terms of the agreement, if the developer is found to be in default of the
agreement, the City has specific remedies available, as defined in Section 5,
including
:
A. Withholding of utilities, permits, and other approvals.
B. Liquidated damages in the sum of $2,000 per day for each failure to
materially comply with the development standards.
The City Attorney and City Manager are prepared to work with attorneys from
NRP Group on an amendment to the development agreement to include the
additional time requested by NRP Group. If the City Council approves the
attached Resolution, the City will begin the process of amending the agreement,
which will be placed on a future City Council Agenda for approval.
City staff does not have a recommendation of approval or disapproval of this
item. The intended purpose of development agreement deadlines has been met
for this project. Since the developer is not able to meet the deadlines identified
in the original agreement, the developer is required to come to the City Council
to formally request additional time. Staff recommends for the City Council to
receive the developer's request, review the request as it pertains to the needs of
the community, and ask the developer questions as necessary to consider
approval. Staff has requested the developer to be present and available to
answer questions.
MOTION: Council Member Toten moved to deny. Council Member Bills
seconded. Motion failed 2-5.
MOTION: Deputy Mayor Pro Tem Baker moved to approve. Council Member
Miller seconded. Motion carried 5-2. Council Members Toten and Bills
opposed.
A RESOLUTION OF THE CITY OF ANNA, TEXAS DIRECTING THE CITY
ATTORNEY AND CITY MANAGER TO ATTEMPT TO NEGOTIATE A
PROPOSED AMENDMENT TO THE DEVELOPMENT AGREEMENT
APPROVED BY THE CITY COUNCIL IN RESOLUTION 2022-04-1142, AND
PLACE THE PROPOSED AMENDMENT ON A FUTURE CITY COUNCIL
AGENDA FOR DISCUSSION AND CONSIDERATION, WITH AN EFFECTIVE
DATE.
c.Consider/Discuss/Action on a Resolution authorizing the City Manager to
execute an Impact Fee Reimbursement Agreement with Pulte Homes of Texas,
LP for the construction of public roadway, sanitary sewer and water
improvements (City Engineer Wes Lawson).
Pulte Homes of Texas, LP is developing Anna Crossing Phase 9, a tract of land
adjacent to Finley Boulevard east of Leonard Avenue in Anna, Texas. As a part
of their project, they will be constructing water, sanitary sewer and roadway
improvements which have been identified in the City of Anna's Water Master
Plan, Sanitary Sewer Master Plan and Master Thoroughfare Plan. The most
significant of these improvements is the extension of Finley Boulevard from
Sean Street to the project's eastern property line.
MOTION: Mayor Pro Tem Carver moved to approve. Deputy Mayor Pro Tem
seconded. Motion carried 7-0.
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN IMPACT FEE REIMBURSEMENT AGREEMENT
WITH PULTE HOMES OF TEXAS, L.P., WITH AN EFFECTIVE DATE.
d.Consider/Discuss/Action on a Resolution accepting the dedication of 12.642
acres of park land from Anna 51 Joint Venture. (Park Planning and
Development Manager Dalan Walker)
Anna 51 Joint Venture is dedicating 12.642 acres of park land to facilitate the
development of a concrete hike and bike trail. The Parks Advisory Board
unanimously recommended acceptance of the park land earlier this year.
MOTION: Council Member Herndon moved to approve. Deputy Mayor Pro
Tem Baker seconded. Motion carried 7-0.
A RESOLUTION OF THE CITY OF ANNA, TEXAS, APPROVING A
CONSTRUCTION AGREEMENT WITH AALC, LLC, DBA PERFECT FINISH
LANDSCAPING TO CONSTRUCT A TRAIL, BRIDGE AND ASSOCIATED
AMENITIES AT PECAN GROVE PARK
e.Consider/Discuss/Action on filling a vacancy on the Diversity and Inclusion
Advisory Commission. (Interview Committee)
MOTION: Council Member Toten moved to take no action. Mayor Pro Tem
Carver seconded. Motion carried 7-0.
f.Consider/Discuss/Action on Appointment of the 2025 Boards and Commissions
Interview Committee (City Manager Ryan Henderson)
At the last meeting, a discussion was held on Appointment of the 2025 Boards
and Commissions Interview Committee to hold over the current interview
committee. No formal action was taken. Three council members reached out to
the City Manager to ask that the item be placed back on the agenda.
The Interview Committee is composed of three council members tasked with
reviewing Board and Commission appointments. Their responsibilities include
reviewing applications, conducting interviews, and presenting appointment
recommendations to the City Council. Additionally, they suggest appointees to
fill vacancies throughout the year.
MOTION: Council Member Toten moved to appoint Mayor Pro Tem Carver,
Council Member Herndon and Deputy Mayor Pro Tem Baker. Council Member
Herndon seconded. Motion carried 7-0.
8.Future Agenda Items.
a.Discussion on Amendments to Chapter 9 Planning and Development
Regulations Pertaining to Tree Preservation and Tree Requirements
(Councilman Kevin Toten).
Council Member Toten has requested that the City Council consider certain
amendments to the tree ordinance. If this item is placed on a future agenda, it
will come before council as a work session item for discussion.
MOTION: Council Member Toten moved to bring this item to a future agenda.
Council Member Herndon seconded. Motion carried 7-0.
9.Closed Session (Exceptions).
Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to
discuss any items listed or referenced on this Agenda under the following exceptions:
a.Consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code
§551.071). Development Agreements.
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). City
Council; City Attorney annual review; boards and commissions appointments.
MOTION: Deputy Mayor Pro Tem Baker moved to enter closed session.
Council Member Toten seconded. Motion carried 7-0.
Mayor Cain recessed the meeting at 8:27 PM.
Mayor Cain reconvened the meeting at 9:09 PM.
10.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.
11.Adjourn.
Mayor Cain adjourned the meeting at 9:09 PM.
Approved on the 8th Day of October 2024.
_________________________________
Mayor Pete Cain
ATTEST:
____________________________
City Secretary Carrie L. Land
Item No. 6.b.
City Council Agenda
Staff Report
Meeting Date: 10/8/2024
Staff Contact: Ray Isom
AGENDA ITEM:
Approve a Resolution Authorizing the Execution of a Contract for the Purchase of a
Pierce Fire Engine from Siddons-Martin Emergency Group. (Fire Chief Ray Isom)
SUMMARY:
The item before council is the purchase of a Pierce Fire Engine. Certificate of Obligation
(CO) Bond proceeds that were approved by the City Council will be utilized for this
purchase and the approval of this resolution allows continuation of the manufacturing
process. This item includes related equipment and upfit for the vehicle.
FINANCIAL IMPACT:
Funding for this Pierce Fire Engine was appropriated in the FY2025 Community
Investment Program budget in the amount of $1.5 million from the 2024 Certificates of
Obligation. The estimated cost of this contract is not to exceed $1,500,000.
BACKGROUND:
The Anna Fire Department continues to face new risks and challenges as a result of
rapid commercial and residential growth in our community. Although our current fire
engines are in good working order, the 2011 unit was purchased as a reserve unit and
remained in reserve status until the opening of Station Two. With the activation of
Station Two and the cross-manning response matrix that this station utilizes, the 2011
unit has been temporarily forced back into front line service. The acquisition of this new
fire engine allows the fire department to effectively manage its reserve apparatus for
several more years. The purchase of this vehicle also aligns with the Anna Fire
Department’s current Strategic Plan.
In order to take advantage of the price guarantee and ensure progression of the build, a
letter of intent was issued to Siddons-Martin Emergency Group in December 2023. This
letter ensured that we maintain our position on the factory assembly line for production
of this Pierce engine. Currently, the approximate build time for this type of vehicle is 30
to 35 months, however; since this need was anticipated far in advance by fire
administration, the delivery for this unit is expected in December of this year (2024).
Depending on upfit and equipment availability, it is anticipated that this vehicle will enter
into front line service by February 2025.
The base price of the Pierce-Enforcer PUC is $1,149,669.00 with a loose equipment
expense (additional firefighting and rescue equipment including IT and communications)
of $350,331.00. Upon delivery, the not-to-exceed total cost has been established at
$1.5M.
At this time, the vehicle will be an addition to our fleet rather than a replacement
apparatus. The Anna Fire Department utilizes the National Fire Protection Association
(NFPA) 1901 standard as the baseline for replacement schedule and maintenance of
first-line fire apparatus. NFPA codes are the industry standard and adherence to these
standards increases the safety of the department’s Effective Response Force (ERF).
This unit has an expected service life of 8 years of front line service and 8 years in
reserve status.
This proposal is in alignment with the fire department’s internal Strategic Plan and
apparatus matrix which defines our vehicle acquisition and replacement schedule
through FY 2040.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Safe.
ATTACHMENTS:
1. Exhibit A Siddons Martin Engine 3 and Loose Equipment
2. Draft Graphics
3. Resolution for Fire Engine 3_10.08.2024
4. Letter of Intent_Siddons Martin_12.28.23_V2
ITEM NUMBER DescriptionQuantity / Unit Unit Price Amount164832 HOSE,SNIPER, 1.75", 50FT, BLUE, NH THREADSKEY-DP17-100S-50-B-A4.00 / EA 259.45 1,037.80164838 HOSE, SNIPER, 1.75", YELLOW, 50FT, NH THREADSKEY-DP17-100S-50-Y-A4.00 / EA 259.45 1,037.80164836 HOSE, SNIPER, 1.75", RED, 50FT, NH THREADSKEY-DP17-100S-50-R-A5.00 / EA 259.45 1,297.25293760 1.75”NH x 50’ COMBAT SNIPER ATTACK HOSE DOUBLE JACKET- BLACKDP17-100S-50-BLK-A5.00 / EA 259.45 1,297.25164953 HOSE, TRU-ID, 2.5", GREEN, 50FT, NH THREADSKEY-DP25-TRU-50-G-AR18.00 / EA 253.01 4,554.18165072 HOSE, PRO-FLOW LDH 5"X25', 5" STORZ YELKEY-RC50-450-25-Y-ST1.00 / EA 434.07 434.07165077 HOSE, PRO-FLOW LDH 5"X50', 5" STORZ YELKEY-RC50-450-50-Y-ST3.00 / EA 573.30 1,719.90165064 HOSE, PRO-FLOW LDH 5"X100, 5" STORZ YELKEY-RC50-450-100-Y-S9.00 / EA 851.86 7,666.74293765 FLEXZILLA 5/8 IN. X 25 FT., 3/4 IN. - 11-1/2 GHT FITTINGS GARDEN HOSETHD- HFZG525YW1.00 / EA 35.38 35.38293809 FLEX RC 3ʺNPT INLET TFT-YN-E65A 1.00 / EA 7,415.16 7,415.16186749 MASTER STREAM 1250 ER w/PLUG 2.5"NH 12-24VDC - 300-1250 GPM @ 70-120 PSI AUT TFT-M-ERP1250-NJ1.00 / EA 1,863.55 1,863.55293810 EXTEND-A-GUN VP 3ʺVIC X 3ʺNPTTFT-XGC38VL-PL1.00 / EA 7,135.17 7,135.17248234 WIRELESS HANDHELD CONTROLLER AND DOCK TFT-YC-RF-24 1.00 / EA 1,718.37 1,718.37293814 WIRELESS OPERATOR STATION ANTENNATFT-YC-RF-RAD-241.00 / EA 219.60 219.60169219 INSTALL EXTENDA-GUN MISC-15 1.00 / EA 2,750.00 2,750.00186842 DETENT VALVE w/GRIP 2.5"F x1.5"M FEM x MALE THREAD REDUCING WATERWAY, RED2.00 / EA 433.13 866.26TFT-H-2VOI-RED186842 DETENT VALVE w/GRIP 2.5"F x1.5"M FEM x MALE THREAD REDUCING WATERWAY, GREEN2.00 / EA 433.13 866.26TFT-H-2VOI-GREEN186791 STRAIGHT TIP 15/16 x 1.5" NH 2.00 / EA 112.24 224.48TFT-FSS12186788 STRAIGHT TIP 1-1/8 x 1.5"NH 2.00 / EA 112.24 224.48TFT-FSS10242473 HANDLINE w/GRIP 1.5"FEMALE 95-250 GPM AT 75 PSI1.00 / EA 1,088.45 1,088.45
TFT-HL-VPGI242473 HANDLINE w/GRIP 1.5"FEMALE 95-250 GPM AT 75 PSI, BLUE1.00 / EA 1,088.45 1,088.45TFT-HL-VPGI-BLUE186995 EDUCTOR 95 GPM 1.5"F x1.5"M w/36" HOSE .25% .5%1% 3% 6%1.00 / EA 752.13 752.13TFT-UE-095-NF186736 QUADRAFOG NOZZLE 1"NHF FIXED TEETH 5-10-24-40- 60GPM @ 100PSI BALL SHUTOFF1.00 / EA 603.90 603.90TFT-DQS60P186800 THUNDERFOG TIP 1.5" NHF 95-250 GPM @ 100 PSI FIXED TEETH1.00 / EA 630.74 630.74TFT-FT250F187109 HE BLITZFIRE COMBO PKG2.5"NH MONITOR/ BRACKET/MAX-FORCE/3- STACK1.00 / EA 4,471.30 4,471.30TFT-XXC-52-HENH1186528 HAND HELD HOSE ROLLER 1.00 / EA 221.42 221.42TFT-A3820135599 3 WRENCH BRACKET SET SPANNERS & HYDRANT 2.00 / EA 221.43 442.86TFT-A3845134406 ADJUSTABLE HYDRANT WRENCH FITS 1" THRU 6" STORZ 3.00 / EA 143.35 430.05TFT-A3800186524 JUMBO SPANNER WRENCH SINGLE FITS 1" THRU 6" STORZ 4.00 / EA 148.84 595.36TFT-A3090186527 SPANNER WRENCH WRENCH ONLY 6.00 / EA 31.11 186.66TFT-A3813186616 ADAPTER 2.5" NHF x 2.5" NHF SWIVEL ROCKER LUG TO SWIVEL ROCKER LUGTFT-AA7NJ-NJ2.00 / EA 75.03 150.06186609 ADAPTER 2.5" NHM x 2.5" NHM RIGID MALE TO RIGID MALE 2.00 / EA 42.09 84.18TFT-AA6NJ-NJ186615 ADAPTER 1.5" NHF x 1.5" NHF SWIVEL ROCKER LUG TO SWIVEL ROCKER LUGTFT-AA7NF-NF2.00 / EA 67.71 135.42186607 ADAPTER 1.5"NHM x 1.5"NHM RIGID MALE TO RIGID MALE TFT-AA6NF-NF 2.00 / EA 38.43 76.86186589 ADAPTER 2.5" NHF x 1.5" NHM RIGID FEMALE ROCKER LUG TO RIGID MALE 2.00 / EA 46.97 93.94TFT-AA5NJ-NF
186588 ADAPTER 2.5" NHF x .75" GHTM RIGID FEMALE ROCKER LUG TO RIGID MALE 2.00 / EA 66.49 99.74TFT-AA5NJ-GHT186541 ADAPTER 5" STORZ x 4"NHFRIGID TO SWIVEL FEMALE HANDLETFT-AA12HST-NP1.00 / EA 343.43 343.43241488 ADAPTER 5" STORZ x 4.5" NHF RIGID TO SWIVEL FEMALE HANDLE 3.00 / EA 359.90 1,079.70TFT-AA12HST-NR186564 ADAPTER 5" STORZ x 2.5" NHM M RIGID TO RIGID MALE 1.00 / EA 211.06 211.06TFT-AA2ST-NJ186545 ADAPTER 5" STORZ x 2.5" NHF RIGID TO SWIVEL FEMALE ROCKER LUG 1.00 / EA 268.40 268.40TFT-AA12ST-NJ186675 SIAMESE 2.5" FEMALE x 5" STORZ DBL SWIVEL ROCKERLUG TO STORZ SWIVEL 1.00 / EA 522.77 522.77TFT-AS9NJ-ST151863 STANDPIPE BAG KIT ELK-80035001 1.00 / EA 1,419.18 1,419.18153871 FIREBYTRADE 1.75" STRAP-MINUTE MAN 29" FBT1.75STRAP20.00 / EA 17.50 350.00154715 6' NY ROOF HOOK STEEL FHU-RH-6 3.00 / EA 135.00 405.00154720 8' NY ROOF HOOK STEEL FHU-RH-8 1.00 / EA 145.50 145.50171615 RUBBISH/ROOF HOOK, 6 W/ D- HANDLENUP-365611.00 / EA 101.83 101.83154724 27" FLAT SHOVEL w/DHANDLE FHU-SHV-F27 1.00 / EA 60.00 60.00154726 27" POINTED SHOVEL1.00 / EA 60.00 60.00w/DHANDLEFHU-SHV-P27154728 27" SCOOP SHOVEL1.00 / EA 60.00 60.00w/DHANDLEFHU-SHV-S27154702 30" PRO BAR FORCIBLE ENTRY 2.00 / EA 285.00 570.00HALLIGAN TYPE BARFHU-PB-30154626 8# FORCE AXE FIBERGLASS 2.00 / EA 127.50 255.00HANDLEFHU-FA-8167326 LS-PIG-32-B-NOTCHED2.00 / EA 232.50 465.00LS-PIG-32-B-NOTCHED
159832 QUICKIE PUSH BROOM 24" 2.00 / EA 47.50 95.00HD-857JSHDSU154651 K-TOOL LEATHER POUCH TWO 1.00 / EA 180.00 180.00LOCK TOOLS KEYS SHOVEKNIFE & INSTRUCTIONS ONTHROUGH THE LOCKMETHODSFHU-KTKIT159726 28 INCH WATER METER VALVE 1.00 / EA 18.75 18.75KEYHD-17-2801167559 Brass Water Meter Wrench 1.00 / EA 23.79 23.79and Curb KeyM07-002154585 36" BOLT CUTTERS1.00 / EA 100.50 100.50FHU-BC-36154583 24" BOLT CUTTERS1.00 / EA 82.50 82.50FHU-BC-24154622 ELEVATOR KEY SET1.00 / EA 232.50 232.50FHU-EKS-12154593 28" CABLE CUTTERSFHU-CC-281.00 / EA 52.50 52.50191518 BIG EASY GLO DELUXE KIT 1.00 / EA 108.34 108.34LOCK OUTWIT-32955DLX141876 TRAFFIC CONE, 28" NFPA 5.00 / EA 33.13 165.65BYB-28 CONE194302 UNIVERSAL FOAM BUCKET 1.00 / EA 21.98 21.98WRENCH 4095-005-000ZIC-UFCW154595 CONNECTION MALLET1.00 / EA 21.25 21.25FHU-CM-2166876 VELOCITY, Model 13 - ANSI 1.00 / EA 227.50 227.50Type IA - 300 lb RatedLGL-15413-001293784 PROFESSIONAL 24 IN. FLOOR 2.00 / EA 37.46 74.92
SQUEEGEE WITH HANDLETHD-16JSHDSU293807 PFD- RESCUE OPS-RED5.00 / EA 348.75 1,743.75F6W- F6-P500178884 3/8" Water Rescue Throw Bag, 4.00 / EA 132.50 530.0075RES-598311075161965 Salvage Cover 10 oz. Red 12" X 2.00 / EA 149.88 299.7618"HTV12X18-10-R091111 Ansul Sentry Water Fire2.00 / EA 214.35 428.70Extinguisher - 2A, 2.5 Gal430847140241 AMEREX 20 LB ABC1.00 / EA 187.74 187.74EXTINGUISHERBKS-AX411140237 EXTINGUISHER, 15 lb CO2 1.00 / EA 378.66 378.66BKS-AX331184817 STIHL GAS CHAIN SAW w/20" 1.00 / EA 1,463.99 1,463.99BAR & CHAINMS 462 R C-M RES 20154646 K12FD RESCUE PACKAGE 14" PACKAGEFHU-K12FDPKG1.00 / EA 2,086.20 2,086.20148582 DESERT DIAMOND BLADE 14" 2.00 / EA 340.00 680.00DESERTDIAMOND291390 18V BRUSHLESS PPV 18” 2.00 / EA 4,755.87 9,511.74MILWAUKEE M18/12AHCOMPATABLE NO BATTERYEX50Li- 18 EL5518M170348 MILWAUKEE 12 AH BATTERY 2.00 / EA 218.00 436.00MWK-48-11-1812185195 PPV 18" SuperVac1.00 / EA 3,679.76 3,679.76SVI-V18-GX186424 EU1000 Generator, LED - TL6- 1.00 / EA 2,873.75 2,873.7515,000 LumensTEU-1.LEDTL6
293786 60 FT. 14/3 EXTENSION CORD 2.00 / EA 70.74 141.48STORAGE REEL WITH 4GROUNDED OUTLETS ANDSURGE PROTECTORTHD-EM-EL-600E260869 M18 TOCKER TOWER LIGHT 4.00 / EA 529.82 2,119.286000 LUMENS w/CHARGER &(1) XC 8.0 AH BATTERYTHD-2136-20-48111880248605 MILWAUKEE M18 18V1.00 / EA 411.82 411.82LITHIUM ION BRUSHLESSCORDLESS HAMMER DRILL &IMPACT DRIVER COMBO KIT (2TOOLS w/2 BATTERIES)THD-3697-22249005 M18 FUEL 18V LITHIUM-ION 1.00 / EA 293.82 293.82BRUSHLESS CORDLESS SUPERSAWZALL ORBITALRECIPROCATION SAW (TOOL-ONLY)THD-2722-20094595 Milwaukee M18 RedLithium 1.00 / EA 234.82 234.82High Output XC8.0 Battery48-11-1880182615 SURVIVOR 120V/100V AC/12V DC ORANGESLI-905034.00 / EA 143.78 575.12182573 VULCAN 180 VEHICLE MOUNT SYSTEM 12V DC DIRECT WIRE RACK w/QUICK RELEASE SHOULDER STRAP ORANGE SLI-443152.00 / EA 205.49 410.98252717 PSP40 SPREADER NEXT-GEN PENTHON SERIESHOL-159.000.2261.00 / EA 13,548.89 13,548.89252716 PCU50 CUTTER NEXT-GEN PENTHON SERIESHOL-159.000.2241.00 / EA 13,138.70 13,138.70252720 PTR50 TELESCOPIC RAM NEXT- GEN PENTHON SERIESHOL-159.000.2271.00 / EA 11,142.87 11,142.87161031 EXTENSION PIPE TRE05 HOL-151.001.902 1.00 / EA 998.37 998.37161027 EXTENSION PIPE- TRE04 HOL-151.001.771 1.00 / EA 835.74 835.74160978 CHARGER PBCH2 115 VOLT 3.00 / EA 585.56 1,756.68
HOL-151.000.742160972 PBPA287 BATTERY HOL-151.000.583 5.00 / EA 881.82 4,409.10160965 DAISY CHAIN POWER CORD- DCPC1HOL-151.000.5032.00 / EA 15.36 30.72160964 ON-TOOL CHARGING CORD- POTC1HOL-151.000.4993.00 / EA 104.81 314.43161015 CCU10 MINICUTTER w/2 BATTERIES, CHARGER NOT INCLUDEDHOL-151.001.5001.00 / EA 3,866.98 3,866.98161258 CHARGER CBCH2HOL-159.000.2121.00 / EA 175.28 175.28160602 HRS 22 NCT RAM SUPPORT 1.00 / EA 696.60 696.60HOL-150.003.105160997 XRS01 CROSS RAM SUPPORT SET 1.00 / EA 902.60 902.60HOL-151.001.164174581 RECHARGEABLE 5 LIGHT MEDEVAC LANDING ZONE KIT GREEN w/CARRYING CASE CHARGER & 5 BALLAST RANGE EXTENDERSPIL-ICSG2LZGIRG-5RE1.00 / EA 695.40 695.40245673 QUICKFIT SPRINKLER SHUTOFF BKS-SP50 2.00 / EA 97.90 195.80180025 RTIC 20QT COOLER WHITE RTIC20-WHITE 1.00 / EA 175.82 175.82300056 FREIGHT FREIGHT1.00 / EA 2,000.00 2,000.00166082 STERLING FDNY LARGE SEARCH KITKTSEARCH61MSES1.00 / EA 750.00 750.00293877 SOLID BRAID MFP UTILITY ROPE - 1/2 IN. X 100 FT. (BLACK)THD-3008.00341.00 / EA 32.00 32.00144143 ROPE BAG #1 700ci (11L) ORANGECMC-4301011.00 / EA 54.65 54.65147685 CAR FIRE BLANKET, SINGLE USE, 20 X 30, DARLEYDAR-BP8221.00 / EA 1,650.00 1,650.00154709 10' NY ROOF HOOK STEEL FHU-RH-10 1.00 / EA 169.50 169.50293802 CHAINSAW STIHL FARMBOSS20" BAR1.00 / EA 499.99 499.99STL-MS 271 20248840 SAR BACKCOUNTRY HELMET RED w/ RAILSTWH-82R-RD5.00 / EA 324.40 1,622.00173408 HIGHWAY VEHICLE STABLIZ KIT PAR-22-796852 1.00 / EA 10,069.00 10,069.00
Page 11 of11Engine Cost $1,149,669.00MFAS Equipment $62,713.00Casco Equipment $3,313.47NAFCO Equipment $4,852.50City IT Equipment $34,629.41Manufacturer Change Orders $79,841.06Siddons Martin PARTS (Above) $157,455.76FREIGHT $2,000.00$1,494,474.20For complete terms and conditions please visit our website :https://www.siddons-martin.com Link
S:\FAE-SHARE\Dept\Graphics - PMI\DEPT-SHARE\10-Payton\1 - Colored LPs In Process\Zach\41857--ANNA, TX--ENFORCER PUC.plt 9/4/2024 2:53:37 PM Scale: 1:57.88 Height: 310.194 Length: 578.755 in
RESOLUTION NO. _______ PAGE 1 OF 2
Fire Ladder Truck Purchase
CITY OF ANNA, TEXAS
RESOLUTION NO. __________________
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A CONTRACT AND
AUTHORIZING EXECUTION OF SAME FOR THE PURCHASE OF A PIERCE FIRE
ENGINE FROM SIDDONS-MARTIN EMERGENCY GROUP.
WHEREAS, the City Council of the City of Anna, Texas (“City Council”) finds that the
City of Anna Fire Chief – in furtherance of the Fire Department’s purpose of preserving
and protecting the public health and safety of the City’s residents – has, after extensive
research, recommended that the City purchase a new fire truck for fire prevention and
protection services, and specifically recommends that the City purchase a 2024 Pierce
Enforcer PUC Fire Engine/Pumper, equipped with a 2,000 GPM Pump and 750 Gallon
Tank (“Fire Truck”); and,
WHEREAS, the City of Anna, Texas (the “City”) has received a written quote attached
as Exhibit A from Siddons-Martin Emergency Group to purchase the Fire Truck for the
purchase price of $1,149,669 with additional firefighting and rescue equipment not-to-
exceed a total of $1.5M; and,
WHEREAS, the City’s Financial Policy adopted on September 28, 2010, by Ordinance
No. 511-2010 requires that all purchases exceeding $50,000 must be purchased under
formal competitive sealed bidding rules or as otherwise permitted by the Texas Local
Government Code under Chapters 252 and 271; and
WHEREAS, Section 252.022(a)(2) of the Texas Local Government Code exempts
from competitive bidding a procurement necessary to preserve or protect the public
health or safety of the municipality’s residents; and
WHEREAS, the City’s Fire Chief has advised the Council and the Council has found
and determined that the purchase of the Fire Truck is necessary and essential to
preserve the public health or safety of the City’s residents; and
WHEREAS, the City Attorney has advised that based on these findings competitive
bidding is not required for the purchase of the Fire Truck as it falls under the exemption
in Section 252.022(a)(2) of the Texas Local Government Code; and
WHEREAS, the purchase price is contained in the written quote attached as Exhibit A
offered by Siddons-Martin Emergency Group:
RESOLUTION NO. _______ PAGE 2 OF 2
Fire Ladder Truck Purchase
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 Contract Award.
The City Council hereby authorizes the City Manager or designee to execute on its
behalf, subject to legal review and approval by the City Attorney, a contract with
Siddons-Martin Emergency Group for the purchase of the 2024 Pierce Enforcer PUC
Fire Truck, as shown on the written quotation attached hereto as Exhibit A.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 8th
day of October 2024.
ATTEST: APPROVED:
_____________________________ ____________________________
City Secretary Carrie L. Land Mayor Pete Cain
Item No. 6.c.
City Council Agenda
Staff Report
Meeting Date: 10/8/2024
Staff Contact: Aimee Ferguson
AGENDA ITEM:
Approve a Resolution appointing an Associate Judge of the Municipal Courts of the City
of Anna. (Finance Director Aimee Ferguson)
SUMMARY:
Staff recommends Council approve the resolution appointing an Associate Judge of the
Municipal Courts of the City of Anna.
FINANCIAL IMPACT:
Funding for legal services was appropriated in the FY2025 Municipal Court department
budget in the amount of $60,000. The Associate Judge's compensation is anticipated to
be at the same rate as the Chief Municipal Judge.
BACKGROUND:
Given the increase in the number of municiapl court dockets, administrative matters,
document signing hearing and trials, there is a need to appoint an Associate Judge to fill
in for Chief Judge Paul Liston. The City of Anna is currently holding two in-person court
dates per month.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Excellent.
ATTACHMENTS:
1. Judicial Appointment Resolution 10082024
2. Res 2010-02-02 Municipal Judge Services
CITY OF ANNA RESOLUTION NO. _________________ PAGE 1
CITY OF ANNA, TEXAS
RESOLUTION NO. 2024 – 10 -___
A RESOLUTION OF THE CITY OF ANNA, TEXAS, APPOINTING ASSOCIATE JUDGE
OF THE MUNICIPAL COURTS OF THE CITY OF ANNA, SETTING THE TERMS OF
OFFICE AND MANNER OF COMPENSATION FOR THE JUDGE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Section 4.03 of the City of Anna Home Rule Charter provides for the
selection and appointment of the judges of the municipal courts of the City of Anna (“City”); and
WHEREAS, the Municipal Judges, including the Municipal Judges designated as
“Associate Judge” to serve in the absence of the Chief Judge, are to be selected and appointed by
the City Council to serve specific terms; and
WHEREAS, the City’s appointment of the senior Municipal Judge in Resolution 2010-
02-02 has established two-year terms for the position, each beginning on February 9th of even-
numbered years;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ANNA, TEXAS THAT:
Section I. The City Council hereby appoints the following individual to fill the position
of Municipal Court Associate Judge (“the Judge”) of the City of Anna Municipal Courts:
NAME POSITION COMPENSATION
Jeffrey Beltz Associate Judge Contract
Section II.The City Council hereby appoints the Judge to serve out the remainder of any
ongoing term, and thereafter to serve subsequent term of office of two (2) years, until such time as the
City Council may take action to appoint other personnel to their designated position.
Section III. The Judge’s compensation shall according to the rate established through an
duly executed agreement with the City for all judicial duties associated with the City of Anna’s
municipal court dockets, presently anticipated to include two in-person court dates per month, and
to include administrative matters, document signing hearings, and trials, and such other judicial
duties which may be performed on days when court is not in session. Each Associate Municipal
Judge’s compensation shall be calculated according to the hours of actual work performed as an
Associate Municipal Judge for the City at the same rate as the Chief Municipal Judge, unless
otherwise specified in an engagement agreement with the City.
CITY OF ANNA RESOLUTION NO. _________________ PAGE 2
Section IV. Nothing in this resolution limits or otherwise prevents the City Council from
revising the compensation of any individual appointed as one of its Judges at any time.
Section V.This resolution and the appointments shall become effective immediately.
DULY PASSED AND APPROVED this the 8th day of October 2024.
Pete Cain, MAYOR
ATTEST:
Carrie Land, CITY SECRETARY
APPROVED AS TO FORM:
Clark McCoy, CITY ATTORNEY
CITY OF ANNA, TEXAS
RESOLUTION NO. 2010-02-02
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING
THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING THE
PROFESSIONAL SERVICES AGREEMENT FOR MUNICIPAL JUDGE SERVICES
WHEREAS, the City Council ("City Council") of the City of Anna, Texas ("City") has
detennined that the City is need of appointing and retaining the services of a municipal
court judge for Municipal Court No.2 to preside over said Court and that said
appointment will benefit the health, safety and welfare of the citizens and the general
public; and
WHEREAS, the City Council has detennined, based on submissions received from
various candidates, that the most highly qualified provider of such services on the basis
of demonstrated competence and qualifications appears to be attomey Paul J. Liston;
and
WHEREAS, the City Council desires to approve and authorize the engagement of
attorney Paul J. Liston to provide the services specrfically described in and under the
terms of the Professional Services Agreement for Municipal Judge Services
Agreement") that is attached hereto as Exhibit 1 and incorporated herein as if set forth
in full; and
WHEREAS, the City Council has detennined that the Agreement between the City and
attorney Paul J. Liston be approved as it is at a fair and reasonable price and the City
Managers execution of same should be authorized and approved, as set forth herein.
NOW "rHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval and Authorization of Agreement
The City Council hereby approves the Agreement attached hereto as Exhibit 1 and
authorizes and approves the City Manager's execution of same, constituting the
appointment of Paul J. Liston as Municipal Court Judge for the City of Anna Municipal
Court NO.2.
Res. 2010-02-02 Professional Services Agreement Municipal Judge.doc Page1of2 02-Q9.10
PASSED AND APPROVED by the City Council of the City of Anna, Texas this the 9th
day of February, 2010.
ATTESTED:
Res. 2010-02-02 Professional Services Agreement Municipal Judge.doc Page2of2 02-09-10
PROFESSIONAL SERVICES AGREEMENT I IExhibit1
FOR MUNICIPAL JUDGE SERVICES
STATE OF TEXAS §
COUNTY OF COLLIN §
THIS AGREEMENT is made and entered into as of the 9th day of February, 2010, by
and between the City of Anna, Texas, a Texas municipal corporation, with its principal office at
111 North Powell Parkway, Anna, Collin County, Texas 75409, hereinafter called "City" and
Paul J. Liston with his office address of PO Box 1882, Rowlett, Texas 75030-1882, hereinafter
called "Judge" acting herein, by and through their themselves or their duly authorized
representatives.
WITNESSETH, that in consideration of the covenants and agreements herein
contained, the parties hereto do mutually agree as follows:
ARTICLE 1
EMPLOYMENT OF CONSULTANT
City hereby contracts with Judge, as an independent contractor, and the Judge hereby
agrees to perform the services herein in connection with the Position as stated in the sections
to follow, with diligence and in accordance with the professional standards customarily
obtained for such services in the State of Texas. The profeSSional services set out herein are
in connection with the following position:
The position shall include, without limitation, the general services traditionally performed
by a municipally retained or employed Municipal Court Judge including without limitation the
services described under Article 2 of this Agreement.
ARTICLE 2
SCOPE OF SERVICES
The Judge shall perform the duties and functions specified in applicable provisions of
the City of Anna Home-Rule Charter and the City's ordinances, as amended, and other
applicable State law and local ordinances and regulations pertaining to the position of a
Municipal Court Judge and as the City Council may, from time to time, assign to the Judge,
consistent with the intent of this Agreement.
ARTICLE 3
TERM OF SERVICE, TERMINATION AND RESIGNATION
This Agreement shall become effective upon execution of this Agreement by City and
the Judge. The Judge serves at the pleasure of the City Council and nothing in this Agreement
prevents, limits or otherwise interferes with the right of the Council, or the Judge, to terminate
PROFESSIONAL SERVICES AGREEMENT FOR MUNICIPAL COURT JUDGE SERVICES
Page 1 of 5
the services of the Judge at any time. If the Judge terminates this Agreement by voluntary
resignation, the Judge must give at least 30 days notice in advance unless the Council agrees
otherwise.
During the Judge's service, the term of this Agreement is for two years beginning on the
date of its execution by both parties. Unless the Council terminates the services of the Judge
within 90 days of the end of a term, the Judge will continue to serve for an additional two-year
term-deemed to have begun on the day after the expiration of the preceding term-under the
same terms of this Agreement, except that the Judge will continue to receive the same rate of
compensation for the additional two-year term that the Judge was receiving at the end of the
second year of the Judge's earlier two-year term.
ARTICLE 4
COMPENSATION
City agrees to pay the Judge and the Judge accept payment at an hourly rate of $100
during the first year of service for all work performed in furtherance of the duties and functions
set forth in Article 2, above. This rate shall increase to an houny rate of $130 after the first full
year of service. This compensation is payable within a reasonable period, but no longer than
45 days, after receiving an itemized billing statement from the Judge showing all work
performed in increments of tenths of an hour. As additional compensation, the Judge shall be
entitled annually to a $25 reimbursement for expenses paid by the Judge related to state-
mandated continuing education for municipal judges.
ARTICLE 5
INDEPENDENT CONTRACTOR
The Judge shall provide services to the City as an independent contractor, not as an
employee of the City. The Judge shall not have or claim any right arising from employee
status. The City shall not control the means, methods, sequences, procedures, or techniques
utilized by the Judge to perform work or services under this Agreement or any associated task
order.
ARTICLE 6
INDEMNIFICATION
To the fullest extent permitted by law, the City must defend, save harmless and
indemnify Judge against any tort, professional liability claim or demand or other legal action,
whether groundless or otherwise, arising out of an alleged act or omission occurring in the
performance of Judge's duties within the Judge's lawful jurisdiction, and must obtain and keep
in full force and effect liability insurance, or risk pool coverage, including errors and omissions
coverage on a "per occurrence" basis, in sufficient amounts to assure accomplishment of this
hold harmless and indemnification provision; provided that this section does not create any
right, cause of action, or claim of waiver or estoppel for or on behalf of any third party, nor is it
a waiver or modification of the availability of the defense of governmental immunity or any
other legal defense, limitation or immunity available to either the City or the Judge as to any
PROFESSIONAL SERV1CES AGREEMENT FOR MUNICIPAL COURT JUDGE SERVices
Page 2 of 5
third party; and provided further that City is not obligated to indemnify and hold harmless the
Judge from and with respect to any claim or liability for which the conduct of the Judge is found
by the courts to have been grossly negligent or to have committed intentionally wrongful
conduct. This indemnification extends beyond and survives the termination of employment
and the expiration of this Agreement.
ARTICLE 7
HOURS OF WORK
It is recognized that the Judge is expected to engage in the hours of work that are
necessary to fulfill the obligations of the position. The Judge agrees to devote the amount of
time necessary for the full and proper performance of the Judge's duties and that the
compensation provided for in this Agreement includes compensation for the performance of all
services rendered.
ARTICLE 8
NOTICES
All notices, demands, and other writings may only be delivered by either party to the
other by United States Mail, or by a reliable commercial courier at the following addresses:
To Judge: To City:
Paul Liston City Manager
The Liston Law Firm, P.C. City of Anna
PO Box 1882 111 North Powell Parkway
Rowlett, Texas 75030-1882 P.O. Box 776
Anna, Texas 75409
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three days after mailing.
ARTICLE 9
CONFLICT OF INTEREST PROHIBITION
The Judge may not, during the Term of this Agreement, individually, as a partner, joint
venture, officer or shareholder, invest or participate in any business venture conducting
business in the corporate limits of the City, except for stock ownership in a company whose
capital stock is publicly held and regularly traded on any stock exchange, without the prior
written approval of the Council. For and during the Term of the Agreement, the Judge may not
invest in any real estate or property improvements within the City without the prior written
consent of the Council, except for a personal residence or residential property acquired or held
for future use as the Judge's personal residence. The Judge must also comply at all times with
all provisions of the City's Code of Ethics, as amended.
PROFESSIONAL SERVICES AGREEMENT FOR MUNICIPAL COURT JUDGE SERVICES
Page30f5
ARTICLE 10
GOVERNING LAW
This Agreement is governed by the laws of the State of Texas. Venue for any dispute
arising out of this Agreement is exclusively in Collin County, Texas.
ARTICLE 11
eNTIRE AGREEMENT
This Agreement incorporates all the agreements, covenants and understandings
between the City and the Judge concerning its subject matter, and all covenants, agreements
and understandings have been merged into this written Agreement. No other agreements or
understandings, verbal or otherwise, of the parties or their agents are valid or enforceable
unless embodied in this Agreement.
ARTICLE 12
SEVERABILITY
In the event anyone or more of the sections, provisions or clauses contained in this
Agreement is for any reason held to be invalid, illegal or unenforceable in any respect, it does
not affect any other provision of this Agreement, and this Agreement will be construed as if the
invalid, illegal or unenforceable provision does not exist.
ARTICLE 13
WAIVER
With the sole exception of an action seeking specific performance of this Agreement,
the Judge waives all remedies at law and in equity in connection with any dispute arising out of
this Agreement, including but not limited to any claim for attorney fees.
ARTICLE 14
ASSIGNABILITY
The Judge shall not assign any interest in this Agreement, and shall not transfer any
interest in this Agreement (whether by assignment, novation, or otherwise) or allow any other
persons to discharge the scope of services set forth in this Agreement without the prior written
consent of the City. This provision is not intended to limit the Judge's ability, when appropriate
and lawful, to transfer or receive a transferred case from another of the City's municipal judges
or courts.
ARTICLE 15
MODIFICATION
This Agreement may not be modified or amended except by a written instrument
executed by the Judge and the duly authorized representative of the CounCil.
PROFESSIONAL SERVICES AGREEMENT FOR MUNICIPAL COURT JUDGE SERVICES
Page4of5
ARTICLE16COUNTERPARTSThisAgreementmaybeexecutedinduplicateoriginalcounterpartseachofwhichwhenexecutedisdeemedtobeanoriginalandthosecounterpartstogetherconstitutethesameinstrumentASWITNESSEDtheCityandtheJudgehaveexecutedthisAgreementeffectiveasofthedatefirstwrittenaboveATTESTCitykAGREEDANDACCEPTEDthisthe9ttdayofhbtuar12010PaulJListonCityofAnnaMumcipalCourtJudgePROFESSIONALSERVICESAGREEMENTFORMUNICIPALCOURTJUDGESERVICESPage5of5
PROFESSIONAL SERVICES AGREEMENT I JExhlbK1
FOR MUNICIPAL JUDGE SERVICES
STATE OF TEXAS §
COUNTY OF COLLIN §
THIS AGREEMENT is made and entered into as of the 9th day of February, 2010, by
and between the City of Anna, Texas, a Texas municipal corporation, with its principal office at
111 North Powell Parkway, Anna, Collin County, Texas 75409, hereinafter called "City" and
Paul J. Liston with his office address of PO Box 1882, Rowlett, Texas 75030-1882, hereinafter
called «Judge" acting herein, by and through their themselves or their duly authorized
representatives.
WITNESSETH, that in consideration of the covenants and agreements herein
contained, the parties hereto do mutually agree as follows:
ARTICLE 1
EMPLOYMENT OF CONSULTANT
City hereby contracts with Judge, as an independent contractor, and the Judge hereby
agrees to perform the services herein in connection with the Position as stated in the sections
to follow, with diligence and in accordance with the professional standards customarily
obtained for such services in the State of Texas. The professional services set out herein are
in connection with the following position:
The position shall include, without limitation, the general services traditionally performed
by a municipally retained or employed Municipal Court Judge including without limitation the
services described under Article 2 of this Agreement.
ARTICLE 2
SCOPE OF SERVICES
The Judge shall perform the duties and functions specified in applicable provisions of
the City of Anna Home-Rule Charter and the City's ordinances, as amended, and other
applicable State law and local ordinances and regulations pertaining to the position of a
Municipal Court Judge and as the City Council may, from time to time, assign to the Judge,
consistent with the intent of this Agreement.
ARTICLE 3
TERM OF SERVICE, TERMINATION AND RESIGNATION
This Agreement shall become effective upon execution of this Agreement by City and
the Judge. The Judge serves at the pleasure of the City Council and nothing in this Agreement
prevents, limits or otherwise interferes with the right of the Council, or the Judge, to terminate
PROFESSIONAL SERVICES AGREEMENT FOR MUNICIPAL COURT JUDGE SERVICES
Page 1 of5
the services of the Judge at any time. If the Judge terminates this Agreement by voluntary
resignation, the Judge must give at least 30 days notice in advance unless the Council agrees
otherwise.
During the Judge's service, the term of this Agreement is for two years beginning on the
date of its execution by both parties. Unless the Council terminates the services of the Judge
within 90 days of the end of a term, the Judge will continue to serve for an additional two-year
term-deemed to have begun on the day after the expiration of the preceding term-under the
same terms of this Agreement, except that the Judge will continue to receive the same rate of
compensation for the additional two-year term that the Judge was receiving at the end of the
second year of the Judge's earlier two-year term.
ARTICLE 4
COMPENSATION
City agrees to pay the Judge and the Judge accept payment at an hourly rate of $100
during the first year of service for all work performed in furtherance of the duties and functions
set forth in Article 2, above. This rate shall increase to an hourly rate of $130 after the first full
year of service. This compensation is payable within a reasonable period, but no longer than
45 days, after receiving an itemized billing statement from the Judge showing all work
performed in increments of tenths of an hour. As additional compensation, the Judge shall be
entitled annually to a $25 reimbursement for expenses paid by the Judge related to state-
mandated continuing education for municipal judges.
ARTICLE 5
INDEPENDENT CONTRACTOR
The Judge shall provide services to the City as an independent contractor, not as an
employee of the City. The Judge shall not have or claim any right arising from employee
status. The City shall not control the means, methods, sequences, procedures, or techniques
utilized by the Judge to perform work or services under this Agreement or any associated task
order.
ARTICLE 6
INDEMNIFICATION
To the fullest extent permitted by law, the City must defend, save harmless and
indemnify Judge against any tort, professional liability claim or demand or other legal action,
whether groundless or otherwise, arising out of an alleged act or omission occurring in the
performance of Judge's duties within the Judge's lawful jurisdiction, and must obtain and keep
in full force and effect liability insurance, or risk pool coverage, including errors and omissions
coverage on a "per occurrence" basis, in sufficient amounts to assure accomplishment of this
hold harmless and indemnification provision; provided that this section does not create any
right, cause of action, or claim of waiver or estoppel for or on behalf of any third party, nor is it
a waiver or modification of the availability of the defense of govemmental immunity or any
other legal defense, limitation or immunity available to either the City or the Judge as to any
PROFESSIONAL SERVICES AGREEMENT FOR MUNICIPAL COURT JUDGE SERVICES
Page2of5
third party; and provided further that City is not obligated to indemnify and hold harmless the
Judge from and with respect to any claim or liability for which the conduct of the Judge is found
by the courts to have been grossly negligent or to have committed intentionally wrongful
conduct. This indemnification extends beyond and survives the termination of employment
and the expiration of this Agreement.
ARTICLE 7
HOURS OF WORK
It is recognized that the Judge is expected to engage in the hours of work that are
necessary to fulfill the obligations of the position. The Judge agrees to devote the amount of
time necessary for the full and proper performance of the Judge's duties and that the
compensation provided for in this Agreement includes compensation for the performance of all
services rendered.
ARTICLE 8
NOTICES
All notices, demands, and other writings may only be delivered by either party to the
other by United States Mail, or by a reliable commercial courier at the following addresses:
To Judge: To City:
Paul Liston City Manager
The Liston Law Firm, P.C. City of Anna
PO Box 1882 111 North Powell Parkway
Rowlett, Texas 75030-1882 P.O. Box 776
Anna, Texas 75409
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three days after mailing.
ARTICLE 9
CONFLICT OF INTEREST PROHIBITION
The Judge may not, during the Term of this Agreement, individually, as a partner, joint
venture, officer or shareholder, invest or partiCipate in any business venture conducting
business in the corporate limits of the City, except for stock ownership in a company whose
capital stock is publicly held and regularly traded on any stock exchange, without the prior
written approval of the Council. For and during the Term of the Agreement, the Judge may not
invest in any real estate or property improvements within the City without the prior written
consent of the CounCil, except for a personal residence or residential property acquired or held
for future use as the Judge's personal residence. The Judge must also comply at all times with
all provisions of the City's Code of Ethics, as amended.
PROFESSIONAL SERVICES AGREEMENT FOR MUNICIPAL COURT JUDGE SERVICES
Page 3 of5
ARTICLE 10
GOVERNING LAW
This Agreement is govemed by the laws of the State of Texas. Venue for any dispute
arising out of this Agreement is exclusively in Collin County , Texas.
ARTICLE 11
ENTIRE AGREEMENT
This Agreement incorporates all the agreements, covenants and understandings
between the City and the Judge concerning its subject matter, and all covenants, agreements
and understandings have been merged into this written Agreement. No other agreements or
understandings, verbal or otherwise, of the parties or their agents are valid or enforceable
unless embodied in this Agreement.
ARTICLE 12
SEVERABILITY
In the event anyone or more of the sections, provisions or clauses contained in this
Agreement is for any reason held to be invalid, illegal or unenforceable in any respect, it does
not affect any other provision of this Agreement, and this Agreement will be construed as if the
invalid, illegal or unenforceable provision does not exist.
ARTICLE 13
WAIVER
With the sole exception of an action seeking specific performance of this Agreement,
the Judge waives all remedies at law and in equity in connection with any dispute arising out of
this Agreement, including but not limited to any claim for attorney fees.
ARTICLE 14
ASSIGNABILITY
The Judge shall not assign any interest in this Agreement, and shall not transfer any
interest in this Agreement (whether by assignment, novation, or otherwise) or allow any other
persons to discharge the scope of services set forth in this Agreement without the prior written
consent of the City. This provision is not intended to limit the Judge's ability, when appropriate
and lawful, to transfer or receive a transferred case from another of the City's municipal judges
or courts.
ARTICLE 15
MODIFICATION
This Agreement may not be modified or amended except by a written instrument
executed by the Judge and the duly authorized representative of the Council.
PROFESSIONAL SERVICES AGREEMENT FOR MUNICIPAL COURT JUDGE SERVICES
Page4of5
ARTICLE 16
COUNTERPARTS
This Agreement may be executed in duplicate original counterparts, each of which when
executed is deemed to be an original, and those counterparts together constitute the same
instrument.
AS WITNESSED, the City and the Judge have executed this Agreement effective as of
the date first written above.
ATTEST;
AGREED AND ACCEPTED this the Cj-tl-day of ~b('"'" r y ,2010.
Paul J. Liston
City of Anna Mu cipal Court Judge
PROFESSIONAL SERVICES AGREEMENT FOR MUNICIPAL COURT JUDGE SERVICES
Page 5 of5
Item No. 6.d.
City Council Agenda
Staff Report
Meeting Date: 10/8/2024
Staff Contact: Aimee Ferguson
AGENDA ITEM:
Approve a Resolution amending signatories to transact business with Simmons Bank.
(Director of Finance Aimee Ferguson)
SUMMARY:
Staff recommends that Council approve the resolution amending the authorized
signatories to transact business with Simmons Bank.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
To update authorized signatories on bank accounts held at Simmons Bank. It is
recommended that Ryan Henderson, City Manager and Aimee Ferguson, Director of
Finance be added to the list of authorized signatories on the City's accounts.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Excellent.
ATTACHMENTS:
1. Resolution approving Signatories - Simmons Bank 10.08.2024
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, AMENDING THE AUTHORIZED REPRESENTATIVES
AUTORIZED TO TRANSACT BUSINESS WITH SIMMONS BANK BY REMOVING ALAN GUARD AND
SHEILA ALEXANDER FROM THE LIST OF AUTHORIZED SIGNATORIES; AND ADDING RYAN
HENDERSON, AND AIMEE RAE FERGUSON, TO THE NAMED AUTHORIZED SIGNATURES, FOR
BANKING PURPOSES AND CERTIFICATION OF INCUMBANCY AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Anna, Texas (the “City”) is a local government of the State of Texas and is empowered
to invest funds and to act as custodian of investments purchased with local investment funds; and
WHEREAS, the City needs to maintain banking relationships with various financial institutions; to invest local
funds in investments that provide for the preservation and safety of principal, liquidity, and yield consistent with
the Public Funds Investment Act; and
WHEREAS, such financial institutions require the City to designate officers who are authorized to sign banking
documents on behalf of the City; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT:
Section 1. The City Council of the City of Anna, Texas designates the following individuals as Authorized Signers
to establish bank accounts on behalf of the City, close such accounts, operate such accounts, and designate
persons to operate such accounts.
Name Title Signature
Ryan Henderson City Manager
Aimee Rae Ferguson Director of Finance
Section 2. Recitals Incorporated.
The facts and recitals above are incorporated herein as if set forth in full for all purposes.
Section 3. Acknowledgement
That the individuals, whose signatures appear in the Resolution, are Authorized Representatives of the City and
are each hereby authorized to sign banking documents on behalf of the City and are each further authorized to
withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary
or appropriate for the investment of local government funds.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 8th day of October 2024.
ATTESTED:
_____________________________
Carrie L. Land, City Secretary
APPROVED:
________________________________
Pete Cain, Mayor
Item No. 7.a.
City Council Agenda
Staff Report
Meeting Date: 10/8/2024
Staff Contact: Carrie Land
AGENDA ITEM:
Consider/Discuss/Action on nominations for the 2025 Collin Central Appraisal District
Board of Directors. (City Secretary Carrie Land)
SUMMARY:
The Board of Directors governs the Collin Central Appraisal District. The taxing entities
that vote on the appraisal district's budget (county, city, school and special districts)
select the directors on the appraisal district's Board of Directors.
Starting January 1, 2024 the Board of Directors will include three (3) publicly elected
directors in addition to the five (5) appointed directors which are still elected by the
taxing units that participate in the Appraisal District. Each taxing unit may nominate one
to five board candidates. Appointed directors will begin staggered four-year terms on
January 1st of even-numbered years, and elected directors will begin staggered four-
year terms on January 1st of odd-numbered years.
All five (5) of the board positions are included in this election. Therefore, each taxing
unit can nominate a maximum of five (5) candidates.
To be eligible to serve on the board, an individual must be a resident of the district and
must have resided in the district for at least two years immediately preceding the date
they take office.
Nominations for candidates are being accepted now through October 11, 2024.
Nominees may be Anna neighbors, council members or board members.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
The process for electing the District’s Board of Directors is outlined in the Texas
Property Tax Code (TPTC) § 6.03. The deadline dates for the election are statutory and
controlled by TPTC § 6.03.
STRATEGIC CONNECTIONS:
ATTACHMENTS:
1. 2025 Board of Directors Election Overview Letter 9-26-24
2. Res 2024-10 Collin CAD BOD - Draft
Admin Fax 469-742-9209
Appraisal Fax 469-742-9205
250 Eldorado Pkwy
McKinney, Texas 75069
www.collincad.org
Metro 469-742-9200
Toll-Free 866-467-1110
Collin Central Appraisal District
September 26, 2024
To: Collin Central Appraisal District taxing entities
From: Marty Wright, Chief Appraiser
RE: Election of Collin Central Appraisal District Board of Directors
Ladies and Gentlemen,
The purpose of this letter is to provide an overview of the election process, and provide a
detailed timeline for each phase for taxing entity appointed Board of Director’s members.
The process for electing the District’s Board of Directors is outlined in the Texas Property
Tax Code (TPTC) § 6.03. The deadline dates for the election are statutory and controlled
by TPTC § 6.03.
On July 24, 2023, Governor Greg Abbott signed Senate Bill 2 into law which has added
TPTC § 6.0301. In accordance with the new section, the District’s Board of Directors
makeup has changed significantly. The Legislature has seen fit to increase the total
number of directors from five (5) appointed and one voting tax assessor-collector director,
to nine (9) total directors.
Starting January 1, 2024 the Board of Directors will include three (3) publicly elected
directors in addition to the five (5) appointed directors which are still elected by the taxing
units that participate in the Appraisal District. Each taxing unit may nominate one to five
board candidates. Appointed directors will begin staggered four-year terms on January
1st of even-numbered years, and elected directors will begin staggered four-year terms
on January 1st of odd-numbered years. Another significant change in this new section is
that the tax assessor-collector is now a voting ex officio member to ensure there are no
tie votes.
Admin Fax 469-742-9209
Appraisal Fax 469-742-9205
250 Eldorado Pkwy
McKinney, Texas 75069
www.collincad.org
Metro 469-742-9200
Toll-Free 866-467-1110
CALENDAR OF EVENTS FOR APPOINTED MEMBERS ON JANUARY 1, 2025
Title of Event: Allocation of Votes
Deadline: Before October 1st, (September 30, 2024)
Action: Calculate the number of votes for each entity and notify the county judge,
commissioners of the county, and presiding officers for cities, towns, school districts and
college district.
Responsible for Action: Chief Appraiser
Tax Code: 6.03 (e)
Summary of Action: There are 5,000 total votes to be distributed based on tax levy.
Each taxing unit’s vote allocation is based on their tax levy compared to the grand total
levy for all taxing units. Each taxing unit’s vote allocation will be delivered to the taxing
unit in late-September.
Example: If a taxing unit’s tax levy calculates to be 10% of the grand total levy for all
taxing units, the taxing unit would be allocated 500 votes.
Title of Event: Nomination of Candidates
Deadline: Before October 15th, (since October 14, 2024 is Columbus Day the deadline
will shift to the Friday before). Deadline for delivery of nominating Resolution,
received by the Chief Appraiser, is end-of-day October 11, 2024.
Action: Nominate up to one (1) candidate for each positon to be filled on the Board of
Directors. All five (5) of the board positions are included in this election, therefore each
taxing unit can nominate a maximum of five (5) candidates.
Responsible for Action: Governing body of each entity and entity’s presiding officer.
Tax Code: 6.03 (g)
Summary of Action: A taxing unit’s nomination(s) by written Resolution can be
submitted at any time, as long as it is received by the Chief Appraiser by end-of-day
October 11, 2024. The Resolution must include the name and address of each candidate
nominated. To be eligible to serve on the board, an individual must be a resident of the
district and must have resided in the district for at least two years immediately preceding
the date they take office.
Note: This is the nominations part of the process and the written Resolution associated
with this phase of the election should only include nominations of candidates.
Admin Fax 469-742-9209
Appraisal Fax 469-742-9205
250 Eldorado Pkwy
McKinney, Texas 75069
www.collincad.org
Metro 469-742-9200
Toll-Free 866-467-1110
Title of Event: Delivery of Ballots
Deadline: Before October 30th, Deadline for delivery of ballots is end-of-day October
30, 2024.
Action: Prepare and deliver a ballot listing the candidates whose names were timely
submitted by a taxing unit.
Responsible for Action: Chief Appraiser
Tax Code: 6.03 (j)
Summary of Action: The Chief Appraiser will deliver a ballot listing the candidates, with
their names sorted alphabetically by surname, to the presiding officer for each taxing unit.
Additionally, each ballot will list the taxing unit name and their vote allocation. The ballots
will be mailed the third week of October.
Title of Event: Taxing Units Cast Their Votes
Deadline: Before December 15th, (December 15th falls on a Sunday). Deadline for
delivery of voting Resolution, received by the chief appraiser, is end-of-day
December 13, 2024.
Action: Taxing unit determines its votes in public session by Resolution.
Special Action (Tax Code Amendment): Taxing Units with 5% or more of the total
votes MUST determine its votes by Resolution adopted at the FIRST or SECOND
OPEN meeting of the governing body held after the Chief Appraiser delivers the
ballot and the Resolution must be submitted to the chief appraiser not later than
the THIRD day following the date the Resolution was adopted. Taxing units with
250 or more votes are affected by this Tax Code change.
Responsible for Action: Governing of each entity and entity’s presiding officer.
Tax Code: 6.03 (g), 6.03 (k and k-1 effective 1-1-2022)
Summary of Action: The governing body of each taxing unit entitled to vote shall
determine its vote by Resolution. If an entity marks their votes next to the nominees name
on the Ballot received from the Chief Appraiser, the marked Ballot must have an
accompanying Resolution adopted in a public meeting determining the tax unit’s votes.
The Resolution adopted in an open meeting of the taxing unit, or a copy of marked Ballot
accompanied by the taxing unit’s voting Resolution must be received by the Chief
Appraiser by end-of-day December 13, 2024. Taxing units with 250 or more votes,
please refer to the “Special Action (Tax Code Amendment)” section above
concerning the deadlines for adopting your vote Resolution and submitting the
Resolution to the Chief Appraiser.
Admin Fax 469-742-9209
Appraisal Fax 469-742-9205
250 Eldorado Pkwy
McKinney, Texas 75069
www.collincad.org
Metro 469-742-9200
Toll-Free 866-467-1110
Title of Event: Election Results
Deadline: Before December 31st, (December 30, 2024)
Action: Count the votes and declare the five (5) candidates who receive the largest
cumulative vote totals elected to a staggered four-year term, beginning January 1, 2025.
Responsible for Action: Chief Appraiser
Tax Code: 6.03 (k)
Summary of Action: The Chief Appraiser will submit the election results before
December 31, 2024 to each taxing unit and to the candidates.
Regards,
Marty Wright, CCA, RPA
Chief Appraiser
RESOLUTION NO. ______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, COLLIN COUNTY,
TEXAS, PLACING IN NOMINATION THE NAME OF JOHN DOE FOR MEMBERSHIP
ON THE BOARD OF DIRECTORS OF THE COLLIN CENTRAL APPRAISAL DISTRICT
IN ACCORDANCE WITH SECTION 6.03(g) OF THE TEXAS PROPERTY TAX CODE;
DIRECTING THE CITY SECRETARY TO NOTIFY INTERESTED PARTIES OF SAID
ACTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Anna can place in nomination as many as five (5) names to be Directors of
the Collin Central Appraisal District; and,
WHEREAS, said nominations must be made in an open meeting and delivered to the Chief
Appraiser before October 11, 2024; and,
WHEREAS, the City Council desires for John Doe, 968 Lehigh Lane, Anna, Texas 75409, to serve on
the Board of Directors.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1.The City Council places in nomination John Doe.
SECTION 2.The City Council directs the City Secretary to forward a copy of this Resolution to the
Collin Central Appraisal District and notify all other appropriate parties of this action.
SECTION 3.This Resolution shall take effect immediately upon its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ANNA, COLLIN
COUNTY, TEXAS, ON THIS THE 8TH DAY OF OCTOBER 2024.
APPROVED:
__________________________________
Mayor Pete Cain
ATTEST:
____________________________________
City Secretary Carrie Land
Item No. 7.b.
City Council Agenda
Staff Report
Meeting Date: 10/8/2024
Staff Contact: Carrie Land
AGENDA ITEM:
Consider/Discuss/Action on Meeting Dates for November and December 2024. (City
Secretary Carrie Land)
SUMMARY:
In November, the second Tuesday falls during the week of the Thanksgiving holiday,
and in December, it falls on Christmas Eve. Would the Council prefer to cancel these
regular meetings?
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
In the past, City Council has only met once in the months of November and December.
STRATEGIC CONNECTIONS:
This item has no strategic connection.
ATTACHMENTS:
Item No. 8.d.
City Council Agenda
Staff Report
Meeting Date: 10/8/2024
Staff Contact:
AGENDA ITEM:
Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074).
SUMMARY:
FINANCIAL IMPACT:
BACKGROUND:
STRATEGIC CONNECTIONS:
ATTACHMENTS: