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HomeMy WebLinkAbout2024-11-12 Regular Meeting PacketAGENDA City Council Meeting Tuesday, November 12, 2024 at 7:00 PM Anna Municipal Complex - Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna will meet on 11/12/2024 at 7:00 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.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. 3.Reports. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the Agenda. a.Neighbor Academy Recognition (Assistant to the City Manager Kimberly Winarski) b.Proclamation - Aubre' Murphy Day c.Proclamation - Mayoral Red Kettle Challenge for 2024 4.Work Session. a.Discussion on Article 9.07 Tree Preservation Ordinance (Director of Development Services Stephanie Scott-Sims) b.Presentation and Discussion of Neighborhood Drainage Policy Considerations. (Assistant City Manager Greg Peters, P.E.) 5.Consent Items. These items consist of non-controversial or "housekeeping" items required by law. Items may be considered individually by any Council Member making such request prior to a motion and vote on the Consent Items. a.Approve City Council Meeting minutes for October 22, 2024. (City Secretary Carrie Land) b.Approve the Quarterly Investment Report for the Period Ending September 30, 2024. (Director of Finance Aimee Ferguson) c.Approve an Ordinance approving the Tax Year 2024 Tax Roll. (Budget Manager Terri Doby) d.Approve a Resolution regarding the Lazy Lane Addition, Block A, Lots 1-3, Final Plat. (FP 24-0014) (Director of Development Services Stephanie Scott-Sims) e.Approve a Resolution authorizing the City Manager to execute the First Amendment to the Development Agreement by and between the City of Anna, Texas, and Anna 31 Retail, LP. (Assistant City Manager Greg Peters, P.E.) f.Approve a Resolution authorizing the City Manager to execute a Parkland Development Reimbursement Fee Agreement by and between the City of Anna, Texas, and Meryl Street, LP. (Park Planning & Development Manager Dalan Walker) g.Approve a Resolution authorizing the City Manager to execute an Impact Fee Reimbursement Agreement with Meryl Street, LP. (City Engineer Wes Lawson, P.E.) h.Approve a Resolution authorizing the purchase of a diesel generator for Fire Station Number 2. (Director of Public Works Steven Smith) i.Approve a Resolution authorizing the City Manager to execute purchase orders for the purchase of heavy equipment for utility maintenance and operations in the City of Anna Public Works Department. (Director of Public Works Steven Smith) j.Approve a Resolution authorizing the City Manager to execute change orders for the Collin Pump Station Ground Storage Tank No. 2 project. (Assistant City Manager Greg Peters, P.E.) k.Approve a Resolution Authorizing the Purchase of Networking Equipment for the Anna Community Library. (IT Manager Chris Talbot) 6.Items For Individual Consideration. a.Consider/Discuss/Action on Board Member Appointments to the Board of Adjustment. (Interview Committee) b.Consider/Discuss/Action on Board Member Appointments to the Economic Development Corporation and Community Development Corporation Boards. (Interview Committee) c.Consider/Discuss/Action on Board Member Appointments to the Neighbor Engagement and Inclusion Advisory Board. (Interview Committee) d.Consider/Discuss/Action on Board Member Appointments to the Parks and Recreation Advisory Board. (Interview Committee) e.Consider/Discuss/Action on Board Member Appointments to the Planning and Zoning Commission. (Interview Committee) f.Consider/Discuss/Action on Votes for Collin Central Appraisal Districts Board of Directors Election. (City Secretary Carrie Land) 7.Closed Session (Exceptions). Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to discuss any items listed or referenced on this Agenda under the following exceptions: a.Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code §551.071). Municipal ordinances and regulations; zoning and land use matters in commercial areas. b.Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072). c.Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t Code §551.087). d.Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). Boards and Commissions. 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. 8.Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. 9.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 11/8/2024. Carrie L. Land, City Secretary 1.The Council may vote and/or act upon each of the items listed in this agenda. Notwithstanding the foregoing or any other statement in this Agenda, the Council shall not take action on any item until after providing opportunity for public testimony under the "Neighbor Comments" item or after any public hearing held under applicable law. 2.The Council reserves the right to retire into closed executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3.Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972-924-3325 two working days prior to the meeting so that appropriate arrangements can be made. Item No. 3.a. City Council Agenda Staff Report Meeting Date: 11/12/2024 Staff Contact: Kimberly Winarski AGENDA ITEM: Neighbor Academy Recognition (Assistant to the City Manager Kimberly Winarski) SUMMARY: This item is to recognize the 6th cohort of Anna's Neighbor Academy program. FINANCIAL IMPACT: Funding for this item was appropriated in the FY2024 City Manager's Office budget in the amount of $2,000. BACKGROUND: Anna's Neighbor Academy is a program designed for neighbors to learn more about the City and ways to become more involved in local government. Each cohort includes neighbors who are either new to civic engagement or have been actively volunteering in their neighborhood or with the City. This ten-session academy takes neighbors “behind the scenes” of City operations, programs, and initiatives. Participants will also be empowered to take action by planning and completing a community service project at the end of the program. Graduating this fall are 14 members of the Anna community: Ivan Blas, Joanna Blas, Allison Checkoway, Jeff Crews, Kati Crews, Edward Culham, Aquita DeJarnette, LaMarr Dillingham, Lauren Goff, Tom Longmire, Tianeaka (Ty) Moss, Jeff Petry, Robbie Sell, and Jessica Walden. Each participant embarked on this journey with a commitment to better understand our community’s governance, public safety, city development, and civic responsibilities. This group of neighbor academy participants attended presentations from every city department, participated in a Mock Planning and Zoning Commission meeting, and are in the process of completing a community project focused on upgrading our Block Party Trailer to bring more community members together. Thus far, 29 graduates have gone on to sit on boards or commissions. Others serve as volunteers and active leaders in the community. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Neighborly. ATTACHMENTS: Item No. 3.b. City Council Agenda Staff Report Meeting Date: 11/12/2024 Staff Contact: Carrie Land AGENDA ITEM: Proclamation - Aubre' Murphy Day SUMMARY: Mayor Cain to present a Proclamation to Aubre' Murphy for her WarPaint Project. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: For the past five years, Aubre' Murphy has served well over 400 Cancer Warriors, including Anna's own neighbors and others in further reaching communities. Her nonprofit The WarPaint Project's mission has been to support women, mothers, husbands and children who are fighting cancer by creating commissioned artworks designed by family and friends, completely free of charge, as a gift for their, Warrior of cancer. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Neighborly. ATTACHMENTS: 1. Proclamation WarPoint Project City of Anna, Texas Proclamation AUBRE’ MURPHY DAY WHEREAS, For the past five years Aubre’ Murphy has served well over 500 Cancer Warriors including Anna’s own neighbors and others in further reaching communities; and WHEREAS, Her nonprofit “The WarPaint Project’s” mission is to support women, mothers, husbands and children who are fighting cancer by creating commissioned artworks designed by family and friends completely free of charge, as a gift for their warrior of Cancer; and WHEREAS, Aubre’ stands in the background of women who will fight to survive a life many of us take for granted; and WHEREAS, Real women, sisters, mothers, daughters, wives, and friends, Warriors, 100% of the time have nominated every warrior that Aubre’ has commissioned; and WHEREAS, Paintings are roughly two foot square with museum quality paint so it lasts forever along with a Warrior giftbox filled with handmade items all in the spirit of supporting one Warrior; and WHEREAS, Paintings are placed on bedsides to give comfort and hope to every warrior; WHEREAS, Aubre’ and The WarPaint Project believes that having cancer is life changing, life altering, and sometimes life threatening, and that no one in Anna should fight cancer alone. Now, I Pete Cain, Mayor of the City of Anna, do recognize November 12, 2024 as AUBRE’ MURPHY DAY in Anna, Texas and urge all citizens to recognize this day by dedicating ourselves to the task of improving the quality of life for all families affected by cancer. In witness, whereof I have hereunto set my hand this 12th day of November 2024 and called this seal to be affixed. ________________________________________ Pete Cain, Mayor Item No. 3.c. City Council Agenda Staff Report Meeting Date: 11/12/2024 Staff Contact: Ryan Henderson AGENDA ITEM: Proclamation - Mayoral Red Kettle Challenge for 2024 SUMMARY: The Salvation Army provides important services to the community, including recreational activities for active adults; support for men, women, and children experiencing poverty; a food pantry; and financial assistance to help families pay rent and utility bills. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Neighborly. ATTACHMENTS: 1. Proclamation Mayoral Red Kettle Proclamation by the Mayor of the City of Anna, Texas To all to whom these presents shall come, Greetings: WHEREAS, The operations of The Salvation Army are supervised by trained, commissioned officers. They proclaim the gospel and serve as administrators, teachers, social workers, counselors, youth leaders, and musicians. These men and women have dedicated their lives completely to service; and WHEREAS,Nearly 500 people of all ages dedicated to volunteering their time, talents, and resources to meet human needs without discrimination through The Salvation Army of McKinney. Where volunteers are critical partners in helping fulfill their promise to America of “Doing the Most Good”; and WHEREAS,In McKinney, The Salvation Army provides important services to the community, including recreational activities for active adults; support for men, women, and children experiencing poverty; a food pantry; and financial assistance to help families pay rent and utility bills; and WHEREAS,These services are provided free of charge to the people who are served. The only way this is possible is through the financial support of local citizens who give through various channels, not the least of which is The Salvation Army’s annual red kettle campaign; and WHEREAS,To reach their red kettle goal of $100,000 for this year’s holiday campaign, The Salvation Army is seeking volunteers to fill the more than 1,000 three-hour shifts as bell ringers. The average volunteer bell ringer brings in over $50 an hour for the cause; NOW, THEREFORE,I, Pete Cain, Mayor of the City of Anna, Texas, do hereby declare and proclaim the 2024 holiday season in Anna as “THE SALVATION ARMY, LEADING THE FIGHT FOR GOOD” and urge all citizens to go to RegisterToRing.com and pick a day, time, and location to volunteer as a bell ringer for The Salvation Army between Thanksgiving and Christmas. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Anna, Texas to be affixed this the __12__ day of November, 2024. ______________________________ PETE CAIN, MAYOR ATTEST: CARRIE L. LAND, CITY SECRETARY BY: ________________________________ Item No. 4.a. City Council Agenda Staff Report Meeting Date: 11/12/2024 Staff Contact: Lauren Mecke AGENDA ITEM: Discussion on Article 9.07 Tree Preservation Ordinance (Director of Development Services Stephanie Scott-Sims) SUMMARY: This item is to provide the City Council with information regarding Article 9.07 Tree Preservation Ordinance of the City of Anna Code of Ordinances. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The Tree Preservation Ordinance is located in Article 9.07 of the Planning and Development Regulations of the City of Anna Code of Ordinances. The Tree Preservation Ordinance was most recently adopted on August 8, 2023 (Ordinance 1066-2023-08). Staff will present an overview of the existing ordinance requirements, and are prepared to work with the City Attorney to begin the process of drafting any changes requested by the City Council. STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: 1. Workshop - Tree Preservation Ordinance Workshop – Tree PreservationCity CouncilNovember 12, 2024 Overview •Ordinance Purpose & Administration •Protected Tree Species •Tree Removal Process •Tree Replacement •Approved Trees for New Planting •Tree Mitigation •Maintenance and Enforcement •Next Step s Sec. 9.07.001 Purpose The purpose of Article 9.07 Tree Preservation is to accomplish the following: •To encourage preservation and protection of existing quality trees and/or trees of historic value. •To encourage ecological stabilization through urban forest management. •To acknowledge that trees and landscaping add value to property and are of general benefit to the city and its residents. •To define reasonable protective measures. •To protect healthy protected quality trees and to preserve and promote the appearance and rural heritage of the city. •To protect and preserve native and specimen vegetative species, prevent damage and unnecessary removal during the land development and construction processes. •To prohibit indiscriminate clear-cutting. Sec. 9.07.002 Administration •Tree Removal Permits: The Landscape Administrator issues tree removal permits for the "critical alteration of a protected quality tree and/or specimen tree." •Grievances: Appeals of decisions made by the Landscape Administrator are heard by the Board of Adjustment. •Waivers: Applications for a waiver from the tree preservation ordinance are reviewed by the Tree Board (P&Z) and a recommendation is made to the City Council. •Non-substantive Changes: The Landscape Administrator is authorized to work with applicants to make non-substantive changes to approved plans. Protected Quality Tree Species •List is in Appendix “1” •50 different species on the protected list •35 are native species, including: •Black Hickory •Bald Cyprus •Blackjack Oak •Live Oak •Pecan •Texas Persimmon Sec. 9.07.003 Tree Removal Application A tree removal application is required: •Prior to critical alteration of one or more protected quality trees where the removal of these trees is not related to a construction project requiring development approval. •Prior to any building, paving, grading, or construction of a single-family or duplex residential subdivision or associated public improvement concurrently with a preliminary or final plat. •Prior to any paving, grading, or construction of any nonresidential and/or multi-family residential development, concurrently with a preliminary site plan or site plan. •As authorization to critically alter trees on a site for which a tree removal application is required. Sec. 9.07.003 Tree Removal (continued) A tree removal permit is valid during the validation period of the preliminary site plan, site plan, or building permit, or a maximum of two years, whichever is less. For projects not related to a construction project requiring a building permit or development approval, the tree removal permit is valid for 180 days. Exceptions: •Dangerous trees •Disruptions to public utility services •Located on the property of a licensed plant or tree nursery •Part of an orchard •Dead or diseased trees unless required under a landscape plan or was a required replacement tree •Construction of utilities or public infrastructure on municipal or publicly owned property •Within the Downtown Core Checklist & Application Sec. 9.07.004 Standards for Tree Removal What trees are subject to the Tree Preservation and Replacement Requirements? Single-family, Duplex, and Multifamily Developments •Protected quality trees located in FEMA 100-yr floodplain, NRCS lake tree preservation zones, or erosion hazard setback zone •Protected quality trees 18 inches in caliper or greater and /or any tree 18 inches in caliper or greater within 10 ft of the property boundaries with exceptions. •Tree replacement in areas reclaimed from the floodplain is limited to one three-inch caliper tree for each protected quality tree removed. Sec. 9.07.004 Standards for Tree Removal What trees are subject to the Tree Preservation and Replacement Requirements? Nonresidential Developments •Protected quality trees located in FEMA 100-yr floodplain, NRCS lake tree preservation zones, or erosion hazard setback zone •Protected quality trees 18 inches in caliper or greater and /or any tree 18 inches in caliper or greater within 10 ft of the property boundaries with exceptions. •Tree replacement in areas reclaimed from the floodplain is limited to one three-inch caliper tree for each protected quality tree removed. Sec. 9.07.004 Standards for Tree Removal Exemptions •When required for installation of utility lines. •When required for road/sidewalk/trail construction. •Construction of golf course, park playing field, equestrian center, school playing field. •Construction of required drainage structures. •Construction of a single-family or duplex residence on a single lot. •Demolition of a structure. •Removal to prevent spreading of disease to adjacent healthy trees. •No permit required for removal of underbrush, or grubbing under drip lines. Sec. 9.07.004 Tree Replacement Considerations •Tree replacement is considered only after all design alternatives have been evaluated. •Replacement tree requirements are in addition to trees required under the City's the landscape requirements. •Replacement trees shall be a minimum of 3 inches in diameter when measured at breast height (DBH). Example: A total of 18 inches diameter to be removed is replaced with six 3-inch diameter trees. •All replacement trees are guaranteed for one year from the date of the final inspection and acceptance. The responsibility lies with both the person altering the tree and the owner of the property. Approved Planting List (New Trees) Approved Planting List (New Trees) Unprotected Tree List Sec. 9.07.005 Mitigation •Tree credits are available for preserving and planting of trees from the City's approved plant list. •The tree credit amount is based on the size (caliper) of the protected quality tree(s). •Required development trees shall not count toward tree credits. •Where it is necessary to remove a protected quality tree and/or specimen tree and the applicant chose not to plant replacement trees, the applicant is required to pay into the City's tree fund. Fees are based on the tree valuation schedule. •The tree fund is a separate account used exclusively for future installation of trees within public land owned by the City. Sec. 9.07.005 Mitigation Fees Tree Valuation Schedule Sec. 9.07.006-008 Maintenance & Enforcement •The property owner is responsible for the maintenance, repair, and replacement of all preserved vegetation and landscaping and materials. •The City will not approve a development permit unless •A tree removal permit has been approved; •An affidavit of no quality protected trees and/or specimen trees has been submitted/approved; or •A determination of exemption has been made by the City. •No certificate of occupancy (C.O.) shall be issued until penalties for violations have been paid to the city. •No C.O. shall be issued until all required replacement trees have been planted. Next Steps •Staff is seeking feedback from the City Council regarding the current Tree Preservation Ordinance. •Based on feedback received, revisions to the Ordinance can be prepared for City Council consideration. Item No. 4.b. City Council Agenda Staff Report Meeting Date: 11/12/2024 Staff Contact: Gregory Peters AGENDA ITEM: Presentation and Discussion of Neighborhood Drainage Policy Considerations. (Assistant City Manager Greg Peters, P.E.) SUMMARY: This item is for a brief presentation and discussion regarding potential policy options pertaining to drainage concerns on homeowner association-owned properties in residential neighborhoods. FINANCIAL IMPACT: None at this time. However, policy considerations will impact the use of the Stormwater Utility Fund budget, and could impact future stormwater utility rates paid by Anna neighbors and businesses. BACKGROUND: Recently, members of the Northpointe Homeowner's Association have contacted the City to request assistance in addressing erosion problems along a drainage channel which is located on property owned by the Northpointe HOA. Staff has reviewed the situation in Northpointe, along with similar situations in other neighborhoods, and is prepared to present policy considerations to the City Council for discussion and feedback. The City established a Stormwater Utility for the City in 2022 by City Ordinance 971- 2022, and established a stormwater utility rate by City Ordinance 972-2022. Both ordinances are attached. Staff recommends that any City funding for drainage projects in the City come from the stormwater utility. Over the past 2 years, the City has spent stormwater utility funds on a wide range of operation and maintenance projects, including: • Culvert replacement • Re-grading and improving bar ditches • Clearing and removing debris from box culverts and drainage channels located within public right-of-way • Mowing of drainage channels within public right-of-way to improve stormwater flow where vegetation has reduced channel capacity • Re-grading of public right-of-way, where pounding water and poor drainage conditions cause mosquito concerns and/or raise the potential for flooding on adjacent properties • Responding to calls for service and assistance during heavy rain/severe weather where a public drainage easement exists and there is a blockage of flow The primary focus of the stormwater utility has been on operation & maintenance to this point. As the City continues to grow, the utility could expand to include larger capital projects and other major community drainage needs as determined by the City Council. Staff will be presenting an outline for a potential "HOA Drainage Policy" with considerations and discussion points. Future actions will be based on the feedback received. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Neighborly. ATTACHMENTS: 1. Ord 970-2022 Levying Surface Water Drainage Utility System Charge 2. Ord 971-2022 Drainage Utility System and Service Area 3. Workshop - HOA Drainage Policy - Final CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, LEVYING SURFACE WATER DRAINAGE UTILITY SYSTEM CHARGE AND AMENDING THE ANNA CITY CODE OF ORDINANCES TO ADD A NEW SECTION A6.015 TO ARTICLE A6.000 UTILITY FEES), SAID NEW SECTION ESTABLISHING THE CITY OF ANNA'S DRAINAGE UTILITY SYSTEM CHARGES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER AND AN EFFECTIVE DATE. WHEREAS, the City of Anna City Council (the "City Council") flnds that to protect the public health and safety from loss of life and property caused by surface water overflows, surface water stagnation, and pollution arising from nonpoint source runoff within the city; and WHEREAS, the City Council finds that funding for improvement of the existing drainage system and construction of future drainage projects is best funded by users of the drainage system on a prorated basis; and WHEREAS, the City Council has established a Drainage Utility System under Local Government Code, Section 552.045 and has made the following findings a) it will establish a schedule of drainage charges against all real property in the service area subject to charges as permitted by Subchapter C, Chapter 552, Texas Local Government Code, subject to any exemptions as required or permitted by Subchapter C as set forth herein; b) it will provide drainage for all real property in the service area on payment of drainage charges, except real property exempted in accordance with Subchapter C; c) it will offer drainage service on nondiscriminatory, reasonable, and equitable terms; and d) notice as required by Subchapter Chas been provided and a public hearing has been held; and WHEREAS, the City Council finds that the schedule of charges adopted hereunder is nondiscriminatory, reasonable, and equitable; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1. The recitals set forth above are incorporated herein as if set forth in full and The Anna City Code of Ordinances, Appendix A (Fee Schedule) is amended to add Sec. A6.015 of Article A6.000, to read as follows: CITY OF ANNA, TEXAS ORIDINANCE NO. Page 1 of Z Sec. A6.015 Surface water drainage utility system schedule of charges The surface water drainage utility system charge is a monthly charge to a user calculated as $3.20 per equivalent residential unit and $10.94/acre for non -single-family residential properties. The terms used in this section shall have the meanings set forth in Sec. 12.09.001 of this Code." SECTION 2. Savings, Severability and Repealing Clauses. Ali ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder A such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 3. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, this ;" hday of i-z—' 2022. ATTESTED• A PPR (VFI IJ9 moo` ay • •' Carrie L. Land, City Secretary h ike, Mayor CITY OF ANNA, TEXAS ORIDINANCE NO. Page 2 of 2 MUNICIPAL DRAINAGE UTILITY 2021 RATE ANALYSIS P•epared Fo• iIxyl 11'L 7 Prepa•ed By BIRKHOFF, HENDRICKS CARTER, L.L.P. PROFESSIONAL ENGINEERS DALLAS, TEXAS TBPELSFIRM NO. 526 Octobe• 2021 CITY OF ANNA, TEXAS MUNICIPAL DRAINAGE UTILITY STORMWATER SYSTEM) 2021 RATE ANALYSIS TABLE OF CONTENTS Pam A. Introduction............................................................................................................................. 1 B. Service Area............................................................................................................................ 1 C. Calculation Method................................................................................................................ 2 D. Rate Categories (Land Uses)..................................................................:............................... 2 Figure 1 — Rate Categories Map.................................................................................... 4 E. Land Uses & Charge Distribution........................................................................................... 5 Table 1 —Rate Categories Summary &Budget Allocation F. Stormwater System Capital Improvement Plan...................................................................... 6 Table 2 — Summary of 10-year CIP Expenditures........................................................ 7 Figure 2 — Stormwater System CIP Map...................................................................... 8 G. Capital improvements Plan Annualized Debt Service.............................................................. 9 Table 3 — Annualized Capital Improvement Project Debt Service H. Operation & Maintenance Annualized Expenditures..........................................................0 10 Table 4 — Operation & Maintenance Budget.............................................................6 11 I. Storm Water Utility Rate Options........................................................................................ 12 1) 10-year Level Approach Table 5 —Stormwater Utility Rate (O&M Budget Only) ............................................. 12 Table 6 — Stormwater Utility Rate (CIP Only)............................................................. 12 Table 7 — Stormwater Utility Rate (Combined O&M and CIP).................................. 12 2) 10-year Annual Analysis (Supplemental Approach)..................................................... 13 Table lA — Calc. of Runoff Contribution by Property Category (Amlual Estimate ... 14 Table 5A — Stormwater Utility Rate (O&M Budget Only) ......................................... 14 Table 6A — Stormwater Utility Rate (CIP Only) ........................................................ 15 Table 7A— Stormwater Utility Rate (Combined O&M and CIP) ..............................4 15 J. Non -Residential Stormwater Detention System Fee Credit ................................................. 16 TF'Y 1 S' 0 •' 9S' 1 0 GARY C. HENDRICKS so I ' ,9 6 32 E6 too f tS NAL .." • O j:\clerical\anna\2020 drainage utility analysis\02_index.doc Birkhoff, Hendricks & Carter, L.L.P. CITY OF ANNA MUNICIPAL DRAINAGE UTILITY 2021 RATE ANALYSIS A. INTRODUCTION A "Drainage Charge" is a fee that is unposed by a municipality and used to finance a municipal drainage utility system. The drainage charge is to be imposed to all benefitted properties in the service area of the stormwater drainage system, excluding properties such as parks, other public - use facilities or undeveloped land. The drainage charge shall be levied on nondiscriminatory, equitable and reasonable terms, regardless the value of a property. The drainage charge rates are based on the estimated stormwater runoff rate (flow contribution) from each benefitted property and on the budgetary requirements for provision, operation and maintenance of the system. This analysis calculates the drainage charge rates that are required to be obtained to meet the financial requirements of the system, including the cost of operation and maintenance (O&M) and the cost of the capital improvement plan (CIP) projects. That total cost is distributed among the benefitted properties, proportionally, based on the land uses and estimated runoff rates from the properties. The rates calculated are recommended monthly fees. The calculation of the rates does not consider capacities of existing facilities or the geographical location of each benefitted property in relationship to the proposed capital improvement projects. Prior investments to the stormwater system are not included in the rate calculation. Regulation set forth by Title 13, Subtitle A, Chapter 552 of the Local Government Code provides the framework and requirements for the Drainage Charge and Rates calculation. B. SERVICE AREA The 7,777-acre City of Anna City Limits was the Service Area for this analysis, j;\clerical anna\2020 drainage utility analysis\03_report.docz - r - Birkhoff, Hendricks & Carter, L.L.P. C. CALCULATION METHOD The approach taken to classify land uses was related to the estimation of runoff rates for a per - acre assessment. The Rational Method, used for estimation of stormwater runoff rates, assigns coefficient values to various land use types which correspond to the portion of rainfall expected to runoff from a unit of land area, based on impervious cover. Variable coefficient `C' of the Rational Method Equation (Q = CiA) is the factor related to an area's impervious coverage (likewise, related to the area's ability to retain rainfall). Coefficient C' is multiplied by the watershed area `A' and by the rainfall intensity `i' to calculate a runoff flow rate `Q'. For this calculation, C*A was used to define the runoff characteristics for the property types in the service area. C*A can be applied to storms of various intensities, and therefore, the rainfall intensity factor, `i', was not used. The eligible and benefitted properties in the service area were distinguished into overage categories. categories. Runoff coefficients, `C'-values, were assigned to each category, per the City of Anna Storm Drainage Design Manual. An analysis of the City's parcel areas was conducted to determine each category's flow contribution percentage to the total runoff. Those percentages of the total runoff were applied to the required average monthly budget to allocate the required fees and to determine the rates. D. RATE CATEGORIES (LAND USES) Drainage charge rates were calculated for land use Categories 1 through 3: 1. Residential 2. Non -Residential 3. Exempt Lands a. Collin County b. School District c. Public/ Semi -Public & Parks d. Undeveloped (Natural State) or Unoccupied e. Religious or Cemetery (optional exemption) It was assumed that the tracts of land within each category have similar runoff characteristics. Non-residential tracts of land typically have more impervious coverage than residential tracts due to larger concrete parking lots and buildings, while residential tracts tend to have larger portions of grassed area which detain and percolate stormwater. The Land Use Categories are defined by measurable qualities, where applicable, for the assignment of fee classification for each benefitted property. j:\clerical\anna\2020 drainage utility analysis\03_rzport.docx - 2 - Birkhoff, Hendricks & Carter, L.L.P. 0 Residential Properties— Properties used for residential dwelling. Non -Residential Properties — Tracts of land which are not used for residential dwelling and are developed such that the natural state of the property is altered may be classified as a non-residential property, unless the property was determined to be exempt per local government code (Section 552.053) Public Properties (Exempt Land) —Per the Local Government Code, tracts of land owned by Collin County or by a school district are exempt from drainage charges, and residential dwellings associated with a municipal housing authority are also exempt. Undeveloped properties held and maintained in the natural state are exempt, and subdivided lots or tracts that have not been issued a certificate of occupancy are exempt. Additionally, properties which utilize a wholly sufficient and privately owned drainage system are exempt. The City may also grant exemption from the drainage charge if a property is owned by a religious organization or used as a cemetery. A map showing the geographical distribution of the Rate Categories (Land Uses) is provided as Figure 1. j:\clerical\anna\2020 drainage utility analysis\03_report.docx - 3 - a O r if Z ul 1"' N W LOU N D imp ppp„f: cc W900::Wx:;:;::::;.;.; Stow:'— i woo i. O Z1. C .: gas r -- sop Va f- -- L 1 r l Ll SO it Oil Me Oho€== dagoom e eggs Sao:@ so wooppppp I MEMO aaa aaa a 32NVMMGMNMNyy MwP% IRSV V O c N' m0M v9 gig Z F a G Z IS= Z W m o g F = € — -_ O Z GO ..1 j , FJ.•'.i&.•• • V:: to:•:. - W O 7 J - W J G S yZj O 6 to;: ': •toyI W C 2 6 LL Cl (i a W .OJ O W Jli - J j.6W IL y ::} :tip Y:•:"& ; : •:• fh ru 2HV Z 00 Elsea Birkhoff, Hendricks & Carter, L.L.P. E. LAND USES & CHARGE DISTRIBUTION The Texas Administrative code allows for the drainage charge rates to be established on the basis of impervious cover as it relates to land use. The mechanism for distribution of the required monthly budget (being the same as the required revenue) to the properties is by a ratio of the runoff rate calculated for the parcel in question to the total runoff rate calculated for the entire service area. A uniform drainage charge rate is recommended for all properties classified as Single Family Residential and High Density Residential, due to relative uniformity in size and in impervious coverage, and therefore the calculation for runoff uses the average property size for those categories. Non -Residential properties, however, vary more widely by land area, and the rates calculated for those properties are based on the land area of the individual properties themselves. Table 1 summarizes the current and 10-year projected developed parcel counts and areas for both Residential and Non -Residential lots within the service area. The table includes the 10- Year Level Average for the developed parcels and acres for each category. The table also calculates fee allocation percentages using runoff coefficients, `C'-values, with the parcel counts and areas. Tahln 1 _ Calrulatinn of Runnff C.nntrihution by Pronerty Cateaory Rate Category 2021 2031 10-YearLeve, verage Runoffl Coefficient IC Weighted Value C A' Pm•pordonal ShareBasedon C A eveloped Parcels Developed Acreslal Developed Parcelslbl Developed Acres(b) Developed Parcels Developed Acre Residentiall 61250 31424 10,667 51844 81459 41634 0.50 2,317 88.0% Non -Residential: N/A 260 N/A 445 N/A 353 0.90 317 12.0'0 Public: N/A 662 N/A 661 N/A 662 0 0 0% Total: 6,250 3,684 10,667 6,289 8,459 4,987 21634 100% a) Developed lots ONLY b) Source: 2018City of Anna &Wastewater Impact Fee update landuse assumptions c) DirectAnnual Average Growth per2014 Land use assumptions: Source 2014City of Anna & Wastewater lmpactfee,AppendixA d) Runoff Coefficient'C'represents impervious coverage of development on a property. Source of 'C'-values : City of Plano Storm Drainage Design Manual In Table 1, The `Proportional Share Based on C*A' column provides the percentages of the budget that are to be obtained from parcels of each respective category. j:\clerical\anna\2020 drainage utility analysis\03_repon.docs — 5 — Birkhoff, Hendricks & Carter, L.L.P. F. STORMWA I ER SYSTEM CAPITAL IMPROVEMENT PLAN The City has developed a capital improvement plan for the stormwater utility system. The list of proposed projects has been refined through discussion over the past several years. Six (6) projects are expected to be completed over the next 10-years, or so. The projects were distinguished as the following types: Bridge Projects —Nine (9) projects are proposed to construct a bridge over a creels. One bridge is located on the west side of the City on the future extension of Creekview Drive. This bridge would be constructed at the same time of the future extension of Creekview Drive. The second bridge is located northeast of the City on F.M. 2862 (also known as Houston Street). This second bridge would expand the existing bridge when proposed expansion of F.M. 2862 is being constructed. Other seven bridges located across the City would also be constricted. Culvert Projects —Four (4) Culverts are proposed for replacement, all of which are in northwestern Anna. One of the proposed culverts cross under C.R. 369, two under C.R. 370, and one crosses under Hackberry Drive. Each of these projects include trench cuts across the roadway for the installations. In addition to Roadway trench repair, the projects may include construction of concrete headwalls and metal beam guard rail fencing for safety. Minor upstream and downstream clearing, grading, and soil stabilization activities are included in the culvert replacement projects, as warranted. Table 2 summarizes the opinion of project cost for the sixteen (16) projects in the Capital Improvement Plan. The projects are shown by Figure 2, the Capital Improvement Plan map. The estimated budget and total required principal for the Capital Improvement Plan improvements is $42,925,000, j:\ clerical\anna\2020 drainage utility analysis\03_report.docx - 6 - c o 0 0 0 0 0 0 0 0 0 0 U 0 o O o 0 0 0 0 0 0 0 0 0 0 o 0 00 0 0 0 0 00 0 0 0 00 0 0 N N N N N N N N N N w G tD Ol a -I a-1 IA C' N Ol M tD N O N O p O lD N M Ql Ol Ol d' Ol O Ql W Ql Ol V a N t 111 a ti ti ti O i N a-1 O ci O U 111 111 In f IllL V1 ill L(m1 11m1lfl S C tp Ol I i lfl V N Ol m lD N O N O EyOLDNMOlOlOlVOlOQlWOlOlV N 1 V ci In ci a u LriuiLr In r%I vi In In In vi In C Cl to ti r w M 1 ti m 00 O Ct C\ O M rl N tD lD l!) Ol Vl M Ill lfl M 5 N 00 LF l!) ciri c-I N i-1 N a-i O N ci 00 ci00N1r-1 r-IRot O O N c- I c-I I c-I vl N N Ifl It) In O Ill In to Ill to K* a i Iqt t0 ri In W vl O M O Ol I K* Ol d' lf) m toM OO In m M a-1 I(1 In In M Vl t0 111 to to O O r„ 1p e-1 1 1p lD l0 rl l0 lD LD a --I lD lD G 4116 u m vl vl m vl o In M m F O N It MM czf r" n tD V r N l0 O U] In G I6u17 O C: O OO O O O% O O O O r~i rvi m ni m m m m cri C U w Ql W r vl tD In U Nqzti' V ci m N m N CO 00 U1 N N N U1 N F- I- N UJ F- 6J "" h0 X X tl0 C 0 t1D K O 0 DO X w ltD 0 o cr m a a a o a a a m` m` o r A U U O ei N M CI' l!1 1p h H 1-I rr-7 UU FL F— F F— F— F— F— 1 N M 7 U,,00 b 0 Op OL CO tl0 W CC_ C C C C U V U V C C m N VI N 4; 1 z;) N N C OD ODhqCOCC O O 0 0 0 0 C C C O O O N NNUUUUUUUUOO O O O 2 U UU Y YYYYYYYOl41 Cl) N N G) U U U U N N i i Ul Y Y Y LlivmmUCUCUCUCUCUCvVuiE• idi ci Ol U i EI`OO000OUUvU` U>> UU M dtGt d tm OOOOO0wya) 7 7 0 O O a 2 LL E E E E E E SL T Tu p, lo, A Y Y Y Y Y Y Ip cp0000, m m N v N E OOOOOONNNNaly G1 A lJ. l N H N L LtLL0CCC' C H F— F— F— F— I--' m m to m v'i I'iI N in 1n N d1Cd1CCCCCCjC Mac afCfOf00OIppa' IIIIIIG. C IIIIII(C CamL41in NinCCQ. S0 c0 c0 O O Q V sN 6. 6. Y Y N NHNNGCNIYIIGlW N f0 0gypN N Ul wN fj0 3 3 3 Y N N Y iEY Y E E E O O O 0 E 0 00 E E E vl n vl N E E 0 O o O 0 00inin vl in E E vl v"itov"i v"i 0 0knLn U a - I O A U U U U U V U V V V O l7 V V V w F- a J d! 7(aA B!|!!!| !!!__ m\ TH C4 § B!|!!!| !!!__ m\ TH C4 § C4 § BirkJtoff, Hendricks & Carter, L.L.P. G. CAPITAL IMPROVEMENT PLAN ANNULIZED DEBT SERVICE To pay for the Capital Improvement Plan projects, this analysis assumes the city to issue bonds with a maximum value of $5 million dollars per issuance, with an issuance cost of 1.5%, an interest rate of 4%, and a term of 20 years per issuance. Table 3 below calculates the average Total Annual and Monthly Debt Service during the 10-year term of this evaluation. Table 3 Annulized Captial Improvement Project Debt Service Year Issue 111 Issue 2(1) Issue 3(1) Total Annual Debt Service Monthly Debt Service Amount 5,000,000 5100%000 5,0000000 2022 373,427 373,427038 31,118695 2023 373,427 3731427.38 31,118095 2024 373,427 373,427038 31,118695 2025 373,427 373,427.38 31,118.95 2026 373,427 373,427 746,854.77 62,237.90 2027 373,427 373,427 746,854.77 62,237090 2028 373,427 373,427 746,854.77 62,237.90 2029 373,427 373,427 746,854.77 62,237490 2030 373,427 373,427 373,427 1,120,282015 93,356485 2031 1 $373,427 1 $373,427 1 $373,427 1 $1,120,282.15 93,356485 Average: 1 1 1 1 $672,169.29 56,014.11 1) Note: Financing Terms Issuance Cost: 1.5% Term (Years) 20 Rate: 4% j:\clerical\anna\2020 drainage utility anatysis\03_report.docx - 9 - Birkhoff, Hendricks & Carter, L.L.P. l3. OPERATION & MAINTENANCE ANNUALIZED EXPENDITURES The Estimated 2021 City of Arma Budget for the operation and maintenance (O&M) of the Stormwater System is $103,105. Because there is not currently a sperate storm water utility account, this amount represents ten percent (10%) of the City's Street Budget. The revenue is used for general maintenance items such as mowing of channels, inspections and debris removal. It is also used for administrative, planning and regulatory -compliance costs for operation of the system. City staff anticipates future expenditures which will increase the required O&M budget, including personnel expansion, equipment purchases and Municipal Separate Storm Sewer System (MS4) permitting. In the fitture, the required O&M budget will have a 10-Year annualized average of approximately $289,070 per year. It is also anticipated that within the rate study period, the city will be required to service a general permit for storm water discharge into the waters of the U.S. As shown in Table 3 below, beginning in the year 2025 the operation and maintenance budget includes a $75,000 fund for the municipal separate storm sewer system MS4) annual permit requirements and will grow with a 1.7% CPI rate. Currently the budget has limited resources for proper and consistent Stormwater maintenance. Therefore, a new `Enhanced Storm Water Maintenance' program has been created with an initial amount of $175,000. This program will allow for the city to regularly maintain stormwater utilities and equipment as the city grows. Table 4 calculates the average annual budget required to operate and maintain the stormwater system over the next ten years. The average annual O&M budget anticipated for the next 10- years is $524,514. This is the OBcM 10 year level amount utilized for this study. The O&M expenses are to be recovered monthly through the drainage charge, j:\derical\anna\2020 drainage utility analysis\03_report.docx - j o - BirkJ:off, Hendricks & Carter, L.L.P. TABLE 4- Operation &Maintenance Budeet Year Inflation CPI) Rate (%) Annual ( A) O&M Budget Projection biliancedStrom Water Maintennace Program MS4 Per nit Expenses Capital t`1 Equipment) Expenditure Total Annual Aimnomit ($) ( d) 2021 13% 103 105 S170rOOO 0 273,105 2022 (b) 1.7% 284,857 172,890 0 66,000 457,747 2023 1.7% 28%700 175,829 0 465,529 2024 1.7% 294,625 178,818 0 473,443 2025 1.7% 299,633 181,858 75,000 556,492 2026 13% 304,727 184,950 76,275 565,952 2027 1.7% 309,908 188,094 77,572 575,573 2028 1.7% 315,176 191,291 78,890 585,358 2029 13% 320,534 194,543 80,232 595,309 2030 1.7% 325,983 197,851 81,595 605,429 2031 1.7% 331,525 201,214 82,983 615,722 Average: 1,7% 289,070 185,213 50,232 524,514 A) Total Annulized Sum of 2021=$1,031,046 * 10% b) Add 2 Maintenance -Tech I [Est. $54,000/yr], 1 Crew Leader [Est. $72,000] c) 3/4Ton Pickup [Est. $38,000], 1-20 Foot Trailer [Est. $18,000], Additonal Misc. Equipment [Est. $10,0001 d) Total Annual Ammount divided by 12 results in Total Montly Budget j:\clerical\anna\2020 drainage utility anntysis\03_rzport.docx - 1 1 - Birkl:off, Hendricks & Carter, L.L.P. I. STORM WATER UTILITY RATE OPTIONS A. 10-Year Level Rate Analysis (Base Approach) In this analysis, the monthly fee for both Residential and Non -Residential lots is calculated on a ten-year (10-year) level rate by using the average budget over a 10-year period for both the Operation and Maintenance and Capital Improvements budget. Three (3) different options are considered Option 1: Operation and Maintenance monthly budget (Table 5) Option 2: Capital Improvement Project monthly budget (Table 6) Option 3: Combining both O&M and CIP monthly budgets. (Table 7) Tables 5-7 below present the calculate the monthly residential and non-residential fee based on these three different options. TABLE 5 -Stormwater Utility Rate Calculation (O&M Budget Only) Rate Category Porportional Share Based on C*A Total O&M Monthly Budget Table 5) Parcel Count Total Area ac.) Monthly Fee Per Parcel Montbly Fee Per Acre Residential 88.0% 38,437 8,459 53<} 4.54 Nj/ , Non Residential 12.0% 5,263 353 14.93 Public 0.0% 0 0 0 N/A N/A Total: 100% 43,700 8,459 4,987 TABLE 6 -Stormwater Utility Rate Calculation (CIP Only) Rate Category Porportional Share Based on CIA Total Monthly Debt Service ($) Table 4) Parcel Count Total Area ac.) Monthly Fee Per Parcel Monthly Fee Per Acre Residential 88.0% 49,268 8,459 r : iki 5.82 P! Non -Residential 12.0% 6,746 0 353 19.14 Public 0.0% 0 0 0 Nl/;A N/A Total: 100% 56,014 8,459 4,987 TABLE 7-Stormwater Utility Rate Calculation (Combined CIP+O&M) Rate Category Porportional Share Based on C*A Total Monthly Requirement ($) Table 4+5) Parcel Count Total Area ac.) IVlonthly Fee Per Parcel Monthly Fee Per Acre Residential 88.0% 87,705 81459 10.37 Non -Residential 12.0% 12,009 353 34.07 Public 0.0% 0 0 f!/,`, N/A Total: 100% 99,714 8,459 4,987 j:\clerical\anna\2020 drainagc utility analysis\03_report.docz - 12 - Birkhoff, Hendricks & Carter, L.L.P. The Calculated Fees shown in Tables 5-7 are the maximum allowable fees for the properties of each land use classification. The calculated fees assume that the fees shall be fixed for the next five years, however, the Local Government Code allows for the governing body of the stormwater utility to adjust the charges from time to time. It is recommended the maximum fee calculation be reviewed and adjusted, as required, prior to termination of the 5-year period. The update shall reestablish the O&M budgetary requirements with the possible inclusion of newly identified stormwater capital improvement projects and shall consider land use developments in the service area. Based on the calculated fees, we recommended implementation of the following Maximum Fee Rates that include both the Storm Water System Operation and Maintenance expenditures and the Storm Water System Capital Improvements debt service: Residential: Non -Residential 10.37 per month 34.07 per Acre B. 10-Year Annual Analysis (Supplemental Approach) During the review phase of this analysis, the City staff requested we perform a "supplemental" annualized evaluation of the storm water rate. In this analysis the monthly fee for both Residential and Non -Residential lots is calculated on a year -by -year annual basis. and utilizes the annual O&M and Capital Projects Debt Service budgets over a projected ten-year period. This approach requires a more focused estimate of annual growth in residential units and non- residential developments. Table IA below is an itemized presentation of Table 1 and presents the estimated annual growth in residential units and non-residential developments and calculates the proportional "CA" used for each year of the analysis. This approach results in an initial lower fee that generally increases over time. j:\clerical\anna\2020 drainage utility analysis\03_rzport.dcex - r 3 - Birkhoff, Hendricks & Carter, L.L.P. TABLE 1A - Calculation of Runoff Contribution by Property Category (Annual Estimate) Residential Units Non Residential acres Year Lots Acres A) Run-off C" Weighted CA Proportinal CA I Acres Run-off C" Weighted CA Proportional CA Total CA 2021 6,250 3,424 0.5 1,712.0 87.98% 260 0.9 234.0 12.02% 1,946.0 2022 61500 3,561 0.5 11780.5 87.99% 270 0.9 243.0 12.01% 21023.5 2023 6,800 3,725 0.5 1,862.5 88.01% 282 0.9 253.8 11.99% 2,116.3 2024 7,200 3,944 0.5 1,972.0 88.06% 297 0.9 267.3 11.94% 21239.3 2025 71700 4)2181 0.5 2,109.0 88.08% 317 0.9 285.3 11.92% 2,394.3 2026 8,450 4,629 0.5 2,314.5 88.11% 347 0.9 312.3 11.89% 21626.8 2027 91217 5,049 0.5 2,524.5 87.93% 385 0.9 346.5 12.07% 21871.0 2028 91877 5,411 0.5 2,705.5 88.13% 405 0.9 364.5 11.87% 3,070.0 10,427 5,712 0.5 2,856.0 88.19% 425 0.9 382.5 11.81% 3,238.5 L20292030 10,667 51844 0.5 2,922.0 87.95% 445 0.9 400.5 12.05% 3,322.5 2031 10,6671 51844 0.5 1 2,922.0 87.95% 445 1 0.9 1 400051 12.05% 1 3,322.5 The same Three (3) different options are considered Option 1: Operation and Maintenance monthly budget (Table SA) Option 2: Capital Improvement Project monthly budget (Table 6A) Option 3: Combining both O&M and CIP monthly budgets (Table 7A) Tables SA-7A below present the calculate the monthly residential and non-residential fee based on these three different options. TABLE 5A- Stormwater Utility Rate Calculation (O&M Budget Only) Year Total Annual O&M Budget Amount M Monthly Rates Residential Rate per Unit) Non - Residential Rate per Acre) 2021 273,105 3,20 10.52 2022 457,747 5.16 16.97 2023 465,529 5.02 16.49 2024 473,443 4.83 15.86 2025 556,492 5.30 17.44 2026 565,952 4.92 16.16 2027 575,573 4.58 15.04 2028 585,358 4.35 14,30 2029 595,309 4.20 13.79 2030 605,429 4,16 13.66 2031 615,722 4.23 13.89 Average: 524,514 4.67 15.36 j:\clerical\anna\2020 drainage utility analysis\03_rcport.docx - 14 - Birkhoff, Hendricks & Carter, L.L.P. TABLE 6A - Stormwater Utility Rate Calculation (CIP Only) Year Annual CIP Debt S ervice Mouthy Rates Residential Rate per Unit) Non. Residential Rate per Acre) 2021 373,427 4.38 14.39 2022 373,427 4.21 13.84 2023 373,427 4.03 13.23 2024 373,427 3.81 12.51 2025 746,855 7.12 23.40 2026 746,855 6.49 21.33 2027 MEN 746,855 5.94 19.51 2028 746,855 5.55 18.24 2029 1,1201282 7.90 25.94 2030 1,120,282 7.70 2528 2031 672,169 4.62 Average: 672,169.29 5.61 Eiii TABLE 7A-Stormwater Utility Rate Calculation (Combined CIP+O&M) Year Total Annual O& M Budget Amount M Annual CIP Debt Service Total Annual Budget O& M+ CIP) Mouthy Rates Residential Rate per Unit) Non - Residential Rate per Acre) 2021 273,105 373,427 646,532 7.58 24.91 2022 457,747 373,427 831,175 9.38 30.81 2023 465,529 373,427 838,956 9.05 29.73 2024 473,443 373,427 846,870 8.63 28.37 2025 556,492 746,855 1,3031346 12A2 40.84 2026 565,952 746,855 1,312,807 11A1 37MOMEMMOM 2027 MMMMMMMINE 575, 573 746,855 1,322,428 MEN. 49 10. 51 34.55 2028 585,358 746,855 1,332,213 9.91 32.54 2029 595,309 11120,282 1,715,591 12.09 39.73 2030 605,429 11120,282 1,725,711 11.86 38.94 2031 615,722 672,169 1,287,891F777 8.85 29.06 Average: 524,514.41 672,169.29 1,196,683.70 10.15 33.36 j:\ clerical\anna\2020 drainage utility analysis\03_rzport.docx - j 5 - Birkhoff, Hendricks & Carter, L.L.P. J. Non -Residential Stormwater Detention System Fee Credit Several non-residential properties in the City of Anna currently utilize stormwater detention systems (ie. detention or retention ponds) to reduce runoff rates from the developed properties. An effective, on -site stormwater detention system benefits the City's existing stormwater drainage system by reducing the rate of runoff from the property to the stormwater system, thus reducing the required capacity of the downstream municipal utility system. The City may allow those non-residential properties which utilize an effective stormwater detention system to seek Stormwater Drainage Fee -Reduction Credit. We recommend requirement of application for the fee -reduction credits that is to be administered, approved and maintained by the City. We recommend the fee -reduction be proportional to the calculated reduction in runoff flow rate provided by the installed detention system, with a maximum allowable reduction established as an equivalent runoff estimated with a `C'-factor of 0.5. The calculated non-residential fee rate, $34.07 per acre, utilizes a runoff `C'- factor of 0.9, and therefore the maximum fee -reduction for a well -performing on -site stormwater detention system results in a reduced fee rate of $18.93 per acre. The detention system would require review by a licensed engineer in the State of Texas to provide the calculation results necessary for the calculation of the actual flow reduction. It is further recommended that the City inspect those stormwater detention systems credited for the reduction of runoff flow rate. The facilities must be maintained to ensure performance of the rated flow reduction. The City may require submission of a maintenance schedule with the application, for which City -approval and adherence by the property owner would be required. The City shall retain the powers to revolve the fee -credit upon non-conformance to the maintenance schedule or if the system is removed or found in disrepair. If the detention system fails, the fee -credits shall be revocable and subject to back -charges, based on the City's determination of the failure period and severity. j:\clerical\anna\2020 drainage utility analysis\03_rzport.docx - t 6 MUNICIPAL DRAINAGE UTILITY 2021 RATE ANALYSIS BIRKHOFF, HENDRICKS &CARTER, L.L.P. PROFESSIONAL ENGINEERS DALLAS, TEXAS TBPELS Firm No. 526 October 2021 CITY OF ANNA, TEXAS ORDINANCE NO. q 9 I -gDav2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES TO ADD A NEW ARTICLE 12.09 TO CHAPTER 12 (UTILITIES), SAID NEW ARTICLE ESTABLISHING THE CITY OF ANNA' S DRAINAGE UTILITY SYSTEM AND ITS SERVICE AREA; DEDICATING CITY ASSETS TO THE DRAINAGE UTILITY SYSTEM, AND ADOPTING RELATED REGULATIONS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER AND AN EFFECTIVE DATE. WHEREAS, the City of Anna City Council (the "City Council") finds that to protect the public health and safety from loss of life and property caused by surface water overflows, surface water stagnation, and pollution arising from nonpoint source runoff within the city; and WHEREAS, the City Council finds that funding for improvement of the existing drainage system and construction of future drainage projects is best funded by users of the drainage system on a prorated basis; and WHEREAS, the City Council desires to establish a municipal drainage utility system and this ordinance is adopted for that purpose pursuant to the Texas Local Government Code, Subchapter C, Sections 552.041. et seq., as amended; and WHEREAS, the City Council finds that pursuant to the Local Government Code, Section 552.045: a) it will establish a schedule of drainage charges against all real property in the service area subject to charges as permitted by Subchapter C, Chapter 552, Texas Local Government Code, subject to any exemptions as required or permitted by Subchapter C as set forth herein; b) it will provide drainage for all real property in the service area on payment of drainage charges, except real property exempted in accordance with Subchapter C; c) it will offer drainage service on nondiscriminatory, reasonable, and equitable terms; and d) notice as required by Subchapter C has been provided and a public hearing has been held; and WHEREAS, the City Council finds that certain persons and entities shall be exempt from the rules, regulations, and charges imposed by the new 12.09 (Drainage), of The Anna City Code of Ordinances; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1. The recitals set forth above are incorporated herein as if set forth in full and The Anna City Code of Ordinances Chapter 12 (Utilities) is amended to add Article 12.09 (Drainage), to read as follows: CITY OF ANNA, TEXAS ORIDINANCE NO. Page 1 of 7 ARTICLE 12.09. DRAINAGE See.12.09.001 Definitions. Benefitted property. An improved lot or tract to which drainage service is made available under this article. City. The City of Anna, Texas. City council. The city's governing body. Cost of service. As applied to the drainage utility system service to any benefitted property: a) the prorated cost of the acquisition, whether by eminent domain or otherwise, of land, rights -of - way, options to purchase land, easements, and interests in land relating to structures, equipment, and facilities used in draining the benefitted property; b) the prorated cost of the acquisition, construction, repair, and maintenance of structures, equipment, and facilities used in draining the benefitted property; c) the prorated cost of architectural, engineering, legal, and related services, plans and specifications, studies, surveys, estimates of cost and of revenue, and all other expenses necessary or incident to planning, providing, or determining the feasibility and practicability of structures, equipment, and facilities used in draining the benefitted property; d) the prorated cost of all machinery, equipment, furniture, and facilities necessary or incident to the provision and operation of draining the benefitted property; e) the prorated cost of funding and financing charges and interest arising from construction projects and the start-up cost of a drainage facility used in draining the benefitted property; f) the prorated cost of debt service and reserve requirements of structures, equipment, and facilities provided by revenue bonds or other drainage revenue -pledge securities or obligations issued by the city; and g) the administrative costs of a drainage utility system. Drainage. Bridges, catch basins, channels, conduits, creeks, culverts, detention ponds, ditches, draws, flumes, pipes, pumps, sloughs, treatment works, and appurtenances to those items, whether natural or artificial, or using force or gravity, that are used to draw off surface water from land, carry the water away, collect, store, or treat the water, or divert the water into natural or artificial watercourses. Drainage utility. The drainage utility established under this article in accordance with Subchapter C. Drainage utility system. The drainage system owned or controlled in whole or in part by the city and dedicated to the service of benefitted property, including provisions for additions to the system. CITY OF ANNA, TEXAS ORIDINANCE NO. Page 2 of 7 Equivalent Residential Unit (ERU). An area of impervious coverage on an improved lot or tract that is generally equal to the average impervious area on a single family property in the City limits, calculated as 3,600 square feet. User. The person or entity who owns or occupies a benefitted property. Impervious Cover. Impervious area for the purpose of the SDUS charge, defined below, means any surface or subsurface of benefitted property including, but not be limited to, roads, parking areas, buildings, roofs, pools, patios, sheds, driveways, private sidewalks, compacted subgrades, compacted gravel used for vehicular traffic and/or parking, and other impermeable construction that does not readily absorb water and has the effect of increasing water runoff flow rate or runoff volume that drains to the drainage utility system. Improved lot or tract. A lot or tract that has a structure or other improvement on it that causes an impervious coverage of the soil under the structure or improvement. Surface water drainage utility system (SD US) charge means the total monthly drainage charge for a benefitted property as calculated under this article and the schedule of charges adopted by the city council, as may be modified from time to time. oily sufficient and privately owned drainage system. Land owned and operated by a person other than a municipal drainage utility system the drainage of which does not discharge into a creek, river, slough, culvert, or other channel that is part of the drainage utility system. Sec.12.09.002 Establishment of drainage utility. The provisions of Subchapter C, Chapter 552, Texas Local Government Code ("Subchapter C"), are hereby adopted to create a drainage utility for the city. Accordingly, drainage of the city is hereby declared to be a public utility. The city incorporates into the drainage utility system all existing property, facilities, materials, and supplies constituting the city's drainage utility system on the effective date of this article. All future acquisitions by the city of real or personal property used in the city's drainage utility system shall be maintained as a part of the drainage utility. Sec. 12.09.003 Service area. The service area for the drainage utility shall include all real property within the city limits of the City of Anna as now existing and which may be annexed hereafter from time to time. Sec. 12.09.004 Calculation of drainage charges. a) The city council finds that: 1) impervious cover increases water runoff and associated pollutants: and CITY OF ANNA, TEXAS ORIDINANCE NO. Page 3 of 7 2) rates charged shall be based on a benefitted property's impact on the drainage utility system; and 3) it is fair and equitable to calculate the impact and assess the drainage charge to each benefitted property based on impervious cover, subject to the limitation set forth below for single family residential properties. b) The city council hereby imposes a drainage charge to be paid by users of benefitted property to cover the cost of service of the drainage utility system. Said drainage charge shall be set forth in a schedule of charges to be adopted by the city council and calculated as follows: 1) Single family residential properties shall be measured as one ERU per month regardless of actual amount of impervious cover on such properties; 2) except with respect to the limitation for single family residential properties set forth in subsection (1), above, all non-exempt benefitted properties shall be measured for ERU in one/tenth increments with no maximum and for such non-exempt properties there shall be a minimum of one ERU regardless of actual amount of impervious cover on such properties; and 3) Each benefitted property shall be assessed a monthly SDUS fee to be established by the city council in a schedule of charges. The schedule of charges shall be included in Appendix A Schedule of Fees. c) The city council may adjust the values, rates, and fees at any time based upon the recommendation of the city manager that the cost of service for the drainage utility warrants an adjustment in rates. d) The rates to be imposed shall be collected through the city's bill for public utilities in accordance and be set forth therein as a separate charge. Sec. 12.09.006 Segregation of income. The income of the drainage utility system shall be segregated and completely identifiable in city accounts. If drainage charges are solely for the cost of service, the city may transfer the charges in whole or in part to the city's general fund, except for any part collected outside municipal boundaries and except for any part pledged to retire any outstanding indebtedness or obligation incurred, or as a reserve for future construction, repair, or maintenance of the drainage utility system. If the city council has levied, in the drainage charge, an amount in contribution to the funding of future system improvements, including replacement, new construction, or extension, that amount is not transferable to the general fund. Sec. 12.09.007 Exemptions; fee credits. a) The following shall be exempt from the provisions of this article: CITY OF ANNA, TEXAS ORIDINANCE NO. Page 4 of 7 1) property with proper construction and maintenance of a wholly sufficient and privately owned drainage system; 2) property held and maintained in its natural state until such time that the property is developed and all of the public infrastructure constructed has been accepted by the city for maintenance; 3) a subdivided lot until a structure has been built on the lot and a certificate of occupancy has been issued by the city; 4) property owned by the United States, the State of Texas, or Collin County; 5) property owned by Anna Independent School District and private K-12 education providers; 6) property owned by public or private institutions of higher education; and 7) property owned by a religious organization that is exempt from taxation pursuant to Section 11.20, Tax Code. b) A property owner may petition the city to reduce the drainage utility fee for an individual property to account for on -site stormwater management controls that reduce the property's impact to the drainage utility system. The petition shall be evaluated and the fee adjustment decision determined by the city engineer or the engineer's designated representative. The evaluation and determination performed by the city engineer shall be based on nondiscriminatory, reasonable and equitable terms in accordance with the applicable law and this section. Sec. 12.09.008 No effect on land owner obligations under city ordinances; no waiver of immunity; other laws and obligations. a) The establishment of the drainage utility by the city does not relieve users, private land owners, developers, other individuals or entities from responsibility for providing drainage improvements in connection with land development pursuant to the other ordinances of the city or laws of the State of Texas that relate to flooding, drainage, drainage management, or drainage improvements. b) The establishment of the drainage utility does not imply or warrant that a benefitted property will be free from flooding, pollution, or stream erosion. The city makes no representation that all drainage problems will be remedied. This ordinance does not create additional duties on the part of the city or create new liability or remedies for any flooding, stream erosion, deterioration of water quality, or other damages. Nothing in this ordinance shall be deemed to waive the city's immunity under law or reduce the need or necessity for flood insurance. c) This article is intended to be read in harmony with all other provisions of this Code. To the extent this article conflicts with any other provision in this code, the provisions shall be harmonized CITY OF ANNA, TEXAS ORIDINANCE NO. Page 5 of 7 when possible, however, this article shall control and supersede any other conflicting provision regarding the drainage utility system. d) A wholly sufficient and privately owned drainage system must have volume to capture runoff for storms of magnitude up to and included in the one -percent annual chance (100-year) storm event, 24-hour duration. Captured runoff must be removed from the retention system of a wholly sufficient and privately owned drainage system within 72 hours of the rainfall event without discharging into the drainage utility system. Owner of the wholly sufficient and privately owned drainage system must provide evidence to the city to show the facility meets the above requirements. Failure to comply with this provision shall result in a wholly sufficient and privately owned drainage system being deemed to be a benefitted property and subject to the SDUS charge and other provisions of this article. Sec. 12.09.009 Delinquencies. Any charge due hereunder which is not paid when due may be recovered in an action at law by the city. In addition to any other remedies or penalties provided in Subchapter C or other law, failure of a user within the service area to pay the charges promptly when due shall subject such user to discontinuance of any utility services provided by the city. City employees of the utility drainage system shall have access, at all reasonable times, to any benefitted properties served by the drainage utility for inspection or repair or for the enforcement of the provisions of this article; provided, however that this section does not authorize entry, access or searches where a search warrant is required. Section 12.09.010 Appeals. a) Billing and payment disputes for administrative issues shall be subject to appeals procedures used by the city for other utility billing disputes. b) Appeals for the following reasons shall be directed to the public works director or his designee for evaluation and determination: 1) exempt property has been assessed a charge under this article; 2) a charge under this article for an individual property is based on an incorrect determination of the property's contribution to the drainage utility system, as established in accordance with the schedule of charges referenced in Sec. 12.09.004(b)(3); 3) a charge under this article for an individual property is assessed on more than one utility account; 4) a charge under this article is assessed to individual property outside the service area; or 5) a benefitted property has boundaries or dimensions that deviate from the city's determination of the boundaries or dimensions for such benefitted properly. CITY OF ANNA, TEXAS ORIDINANCE NO. Page 6 of 7 c) The public works director or his designee shall render a written decision on such appeals within thirty (30) days after receiving a written notice of appeal from the user. d) Any user who disagrees with the decision of the public works director or his designee may appeal to the city manager. The city manager shall render a written decision on such appeals within thirty (30) days after receiving a written notice of appeal from the user. The city manager's decision is final. If the city manager does not render a decision within thirty (30) days of an appeal, it shall be deemed to have sustained the decision of the public works director. SECTION 2. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 3. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, this &ikay of , 2022. ATTESTED: APPROVED: rrj NX\ 0` 1of AI Y /* o•o. o. o avo .so 1 A%W 610 Carrie L. Land City Secret U : N, ate-'ike, a or M _ O • P 1 06 7% E)( IIIII%W, CITY OF ANNA, TEXAS ORIDINANCE NO. Page 7 of 7 MUNICIPAL DRAINAGE UTILITY 2021 RATE ANALYSIS Prepared For THE CITY OF manna Prepared By BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS DALLAS, TEXAS TBPELS FIRM NO. 526 October 2021 A. Introduction B. Service Area C. Calculation Method D. E. F. G. H. I. J. CITY OF ANNA, TEXAS MUNICIPAL DRAINAGE UTILITY STORMWATER SYSTEM) 2021 RATE ANALYSIS TABLE OF CONTENTS Page No. 1 1 2 Rate Categories (Land Uses).................................................................................................. 2 Figure 1 — Rate Categories Map.................................................................................... 4 Land Uses & Charge Distribution........................................................................................... 5 Table 1 — Rate Categories Summary & Budget Allocation Stormwater System Capital Improvement Plan...................................................................... 6 Table 2 — Summary of 10-year CIP Expenditures........................................................ 7 Figure 2 — Stormwater System CIP Map...................................................................... 8 Capital improvements Plan Annualized Debt Service.............................................................. 9 Table 3 — Annualized Capital Improvement Project Debt Service Operation & Maintenance Annualized Expenditures........................................................... 10 Table 4 — Operation & Maintenance Budget.............................................................. 11 Storm Water Utility Rate Options........................................................................................ 12 1) 10-year Level Approach Table 5 — Stormwater Utility Rate (O&M Budget Only) ............................................. 12 Table 6 — Stormwater Utility Rate (CIP Only)............................................................. 12 Table 7 — Stormwater Utility Rate (Combined O&M and CIP).................................. 12 2) 10-year Annual Analysis (Supplemental Approach)..................................................... 13 Table IA — Cale. of Runoff Contribution by Property Category (Annual Estimate ... 14 Table 5A — Stormwater Utility Rate (O&M Budget Only) ......................................... 14 Table 6A — Stormwater Utility Rate (CIP Only) ........................................................ 15 Table 7A— Stormwater Utility Rate (Combined O&M and CIP) ............................... 15 Non -Residential Stormwater Detention System Fee Credit ................................................. 16 1r:' '•.itJJ GARY C. HENDRICKS i 65226 y ` jAcluical\anna\2020 drainage utility analysis\02_index.doc Birkhoff, Hendricks & Carter, L.L.P. CITY OF ANNA MUNICIPAL DRAINAGE UTILITY 2021 RATE ANALYSIS A. INTRODUCTION A "Drainage Charge" is a fee that is imposed by a municipality and used to finance a municipal drainage utility system. The drainage charge is to be imposed to all benefitted properties in the service area of the stormwater drainage system, excluding properties such as parks, other public - use facilities or undeveloped land. The drainage charge shall be levied on nondiscriminatory, equitable and reasonable terms, regardless the value of a property. The drainage charge rates are based on the estimated stormwater runoff rate (flow contribution) from each benefitted property and on the budgetary requirements for provision, operation and maintenance of the system. This analysis calculates the drainage charge rates that are required to be obtained to meet the financial requirements of the system, including the cost of operation and maintenance (O&M) and the cost of the capital improvement plan (CIP) projects. That total cost is distributed among the benefitted properties, proportionally, based on the land uses and estimated runoff rates from the properties. The rates calculated are recommended monthly fees. The calculation of the rates does not consider capacities of existing facilities or the geographical location of each benefitted property in relationship to the proposed capital improvement projects. Prior investments to the stormwater system are not included in the rate calculation. Regulation set forth by Title 13, Subtitle A, Chapter 552 of the Local Government Code provides the framework and requirements for the Drainage Charge and Rates calculation. B. SERVICE AREA The 7,777-acre City of Anna City Limits was the Service Area for this analysis. jAclericahanna12020 drainage utility analysis103_report.docx - I - Birkhoff, Hendricks & Carter, L.L.P. C. CALCULATION METHOD The approach taken to classify land uses was related to the estimation of runoff rates for a per - acre assessment. The Rational Method, used for estimation of stormwater runoff rates, assigns coefficient values to various land use types which correspond to the portion of rainfall expected to runoff from a unit of land area, based on impervious cover. Variable coefficient `C' of the Rational Method Equation (Q = CiA) is the factor related to an area's impervious coverage (likewise, related to the area's ability to retain rainfall). Coefficient C' is multiplied by the watershed area `A' and by the rainfall intensity `i' to calculate a runoff flow rate `Q'. For this calculation, C*A was used to define the runoff characteristics for the property types in the service area. C*A can be applied to storms of various intensities, and therefore, the rainfall intensity factor, `i', was not used. The eligible and benefitted properties in the service area were distinguished into impervious - coverage categories. Runoff coefficients, `C' -values, were assigned to each category, per the City of Anna Storm Drainage Design Manual. An analysis of the City's parcel areas was conducted to determine each category's flow contribution percentage to the total runoff. Those percentages of the total runoff were applied to the required average monthly budget to allocate the required fees and to determine the rates. D. RATE CATEGORIES (LAND USE Drainage charge rates were calculated for land use Categories 1 through 3: 1. Residential 2. Non -Residential 3. Exempt Lands a. Collin County b. School District c. Public/ Semi -Public &Parks d. Undeveloped (Natural State) or Unoccupied e. Religious or Cemetery (optional exemption) It was assumed that the tracts of land within each category have similar runoff characteristics. Non-residential tracts of land typically have more impervious coverage than residential tracts due to larger concrete parking lots and buildings, while residential tracts tend to have larger portions of grassed area which detain and percolate stormwater. The Land Use Categories are defined by measurable qualities, where applicable, for the assignment of fee classification for each benefitted property. jAclericahanna12020 drainage utility analysis103_regort.docx - 2 - Birkhoff, Hendricks & Carter, L.L.P. Residential Properties— Properties used for residential dwelling. Non -Residential Properties — Tracts of land which are not used for residential dwelling and are developed such that the natural state of the property is altered may be classified as a non-residential property, unless the property was determined to be exempt per local government code (Section 552.053) Public Properties (Exempt Land) —Per the Local Government Code, tracts of land owned by Collin County or by a school district are exempt from drainage charges, and residential dwellings associated with a municipal housing authority are also exempt. Undeveloped properties held and maintained in the natural state are exempt, and subdivided lots or tracts that have not been issued a certificate of occupancy are exempt. Additionally, properties which utilize a wholly sufficient and privately owned drainage system are exempt. The City may also grant exemption from the drainage charge if a property is owned by a religious organization or used as a cemetery. A map showing the geographical distribution of the Rate Categories (Land Uses) is provided as Figure 1. jAclericahanna12020 drainage utility analysis103 report.docx - 3 - STORMWATER UTILITY RATE ANALYSIS THE CITY OF LAND USE RATE CATEGORIES BIRKIIO TB? IIENDRICKS & CARTER L.L.P. AtttlaPROFESSIONALENGINEERS FIGURE 1 0 T,aOD {.WO 8,000 TBPE F119 OGSrtee vile Ave., Si 600PL 31800 D.11-T— 75243 (2I4) 361-7900 xglmnxal. xve x Rr:I October 2020 Sbem olm M.W Ron\Sh»te\D,&m Ut* Moyds Fq—\Fj— I - WMm Nap City Umb 0.y.Ng Birkhoff, Hendricks & Carter, L.L.P. E. LAND USES & CHARGE DISTRIBUTION The Texas Administrative code allows for the drainage charge rates to be established on the basis of impervious cover as it relates to land use. The mechanism for distribution of the required monthly budget (being the same as the required revenue) to the properties is by a ratio of the runoff rate calculated for the parcel in question to the total runoff rate calculated for the entire service area. A uniform drainage charge rate is recommended for all properties classified as Single Family Residential and High Density Residential, due to relative uniformity in size and in impervious coverage, and therefore the calculation for runoff uses the average property size for those categories. Non -Residential properties, however, vary more widely by land area, and the rates calculated for those properties are based on the land area of the individual properties themselves. Table 1 summarizes the current and 10-year projected developed parcel counts and areas for both Residential and Non -Residential lots within the service area. The table includes the 10- Year Level Average for the developed parcels and acres for each category. The table also calculates fee allocation percentages using runoff coefficients, `C'-values, with the parcel counts and areas. Takla 4 - r`nlr Infirm of Rnnnff rnnfrihnfinn by Prnnarfv rafannry Rate Category 2021 2031 10-Year Level Average Runoff(d) Coefficient C' Weighted Value T-A' Porportional Share Based on C*A eveloped ParcelE Developed Acres(a) Developed Parcelslbl Developed Acreslbl Developed Parcels Developed Acre Residential: 6,250 3,424 10,667 5,844 8,459 4,634 0.50 2,317 88.01% Non -Residential: N/A 260 N/A 445 N/A 353 0.90 317 12.0% Public: N/A 662 N/A 661 N/A 662 0 0 0% Total: 1 6,250 3,684 10,667 6,289 8,459 4,987 2,634 10006 a) Developed lots ONLY b) Source: 2018City of Anna & Wastewater Impact Fee update landuse assumptions c) Direct Annual Average Growth per 2014 Land use assumptions: Source 2014 City of Anna & Wastewater Impact fee,Appendix A d) Runoff Coefficient 'C'represents impervious coverage of development on a property. Source of 'C'-values : City of Plano Storm Drainage Design Manual In Table 1, The `Proportional Share Based on C*A' column provides the percentages of the budget that are to be obtained from parcels of each respective category. jAclericahanna\2020 drainage utility analysis\03_report.docx - 5 - Birkhoff, Hendricks & Carter, L.L.P. F. STORMWATER SYSTEM CAPITAL IMPROVEMENT PLAN The City has developed a capital improvement plan for the stormwater utility system. The list of proposed projects has been refined through discussion over the past several years. Six (6) projects are expected to be completed over the next 10-years, or so. The projects were distinguished as the following types: Bridge Projects —Nine (9) projects are proposed to construct a bridge over a creek. One bridge is located on the west side of the City on the future extension of Creekview Drive. This bridge would be constructed at the same time of the future extension of Creekview Drive. The second bridge is located northeast of the City on F.M. 2862 (also known as Houston Street). This second bridge would expand the existing bridge when proposed expansion of F.M. 2862 is being constructed. Other seven bridges located across the City would also be constructed. Culvert Projects — Four (4) Culverts are proposed for replacement, all of which are in northwestern Anna. One of the proposed culverts cross under C.R. 369, two under C.R. 370, and one crosses under Hackberry Drive. Each of these projects include trench cuts across the roadway for the installations. In addition to Roadway trench repair, the projects may include construction of concrete headwalls and metal beam guard rail fencing for safety. Minor upstream and downstream clearing, grading, and soil stabilization activities are included in the culvert replacement projects, as warranted. Table 2 summarizes the opinion of project cost for the sixteen (16) projects in the Capital Improvement Plan. The projects are shown by Figure 2, the Capital Improvement Plan map. The estimated budget and total required principal for the Capital Improvement Plan improvements is $42,925,000. jAclerical\anna\2020 drainage utility analysis\03_report.doex - 6 - Birkhoff, Hendricks & Carter, L.L.P. Table 2- Summary of 10-Year Capital Improvement Plan Expenditures Project LD, Stormwater Drainage System Proposed Improvement pipe Diameter Length (ft) Estimated Construction Cost Contingencies & Esc. Professional Services Ntaterial Testing Inspection Fee Total Capital Cost EFT-1 Storm Water Master Plan, East Fork Trinity, Crossing EFT-1 Bridge 245 3,008,235 601,647 451,235 75,206 75,206 4,212,000 TC-1 Storm Water Master Plan, Throckmorton Creek, Crossing TC-1 4 - 9'x8' 480 858,740 171,748 128,811 21,469 21,469 1,203,000 TC-2 Storm Water Master Plan, Throckmorton Creek, Crossing TC-2 84" 480 580,830 116,166 87,125 14,521 14,521 814,000 TC-3 Storm Water Master Plan, Throckmorton Creek, Crossing TC-3 4 - 9'x8' 480 857,245 171,449 128,587 21,431 21,431 1,201,000 TC-4 Storm Water Master Plan, Throckmorton Creek, Crossing TC-4 Bridge 95 3,007,785 601,557 451,168 75,195 75,195 4,211,000 TC-5 Storm Water Master Plan, Throckmorton Creek, Crossing TC-5 Bridge 85 3,007,755 601,551 451,163 75,194 75,194 4,211,000 TC-6 Storm Water Master Plan, Throckmorton Creek, Crossing TC-6 Bridge 115 3,007,673 601,535 451,151 75,192 75,192 4,211,000 5C-1 Storm Wate r Master Plan, Slayte r Cree k, Crossi ng SC-1 4-10'x8' 320 681,940 136,388 102,291 17,049 17,049 955,000 SC-2 Storm Wate r Master Plan, Slayter Cree k, Crossing SC-2 Bridge 75 3,007,725 601,545 451,159 75,193 75,193 4,211,000 SC-3 Storm Water Master Plan, Slayter Creek, Crossing SC-3 Bridge 250 3,008,250 601,650 451,238 75,206 75,206 4,212,000 SC-4 Storm Water Master Plan, Slayter Creek, Crossing SC-4 Bridge 1 55 3,007,665 601,533 451,150 75,192 75,192 4,211,000 WSGC-3 Storm Water Master Plan, West Sister Grove Creek, Crossing WSGC-3 TXDOT 0 0 0 0 0 0 0 WSGC-4 Storm Water Master Plan, West Sister Grove Creek, Crossing WSGC-4 4 - 910' 320 607,200 121,440 91,080 15,180 15,180 851,000 SGC-4 Storm Water Master Plan, Sister Grove Creek, Crossing SGC-4 Bridge 65 3,007,695 601,539 451,154 75,192 75,192 4,211,000 SGC-15 Storm Water Master Plan, SisterGrove Creek, Crossing SGC-15 Bridge 55 3,007,583 601,517 451,137 75,190 75,190 4,211,000 SGC-16 Storm Water Master Plan, SisterGrove Creek, Crossing SGC-16 I TOOT 1 0 0 1 0 0 0 0 1 0 Total: I 530,656.320 56.131.264 I S4.598m 5766m 5766.408 I 542.925A00 jAclerical\ama\2020 drainage utility analysis\03_repoMdocx - 7 - SGC-3 PGC-1 u L J TC 5 EFT 1 HC 1 TC 2 SG i SG B GC -9 - 1 TC-3 , I I, TC-4 SC 1 C SGC EFT-2 HC-2i'SGC-14 TC-5 , 5C-2SGC 12 -- SGC-13 SGC 15 C,. PILOT \\ C i HC_3 Q TC-6 `_ WSGC-1 0J 1i' .'r _- CREEK J EAST eC , i RK s / SGC r•• J 4- FO6 J TRINITY pij SIaTER WSGC 2 a y GF6 t WSGC-5 CREB14 - SGC 18 iti KI ME,r' WSG. -3'`L WSGC- 4 4,, - - BxN, R -- HAR 1 GT NCH NO SCALE CITY OF ANNA BHC ram° " • + • BIRKHOFFS HENDRICKS & CARTERS L.L.P. STORM WATER MASTER PLAN PROJECTNO. SHEETNO. eeivasi mr-, w. rPROFESSIONAL ENGINEERS 20117)23 TBPE Firm No. 526; 7BPLS Fi,m No. 10031800 D,: 9 nr 9ixea9a., swta600 Figure 2 - Storm Water Utility Capital Improvement Plan 1 1u. r-75243 (214)361-7900 OGL 2027 P9, 1sFn ,n/an/91 - dan N\malai.\w.n 4u,9,21 slum.dr Yadr PLn Bmedam Oodm .NbiLd.a Plm SCl1E 1:2 Plm Me — MDM W. 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G. CAPITAL IMPROVEMENT PLAN ANNULIZED DEBT SERVICE To pay for the Capital Improvement Plan projects, this analysis assumes the city to issue bonds with a maximum value of $5 million dollars per issuance, with an issuance cost of 1.5%, an interest rate of 4%, and a term of 20 years per issuance. Table 3 below calculates the average Total Annual and Monthly Debt Service during the I0-year term of this evaluation. Table 3 Annulized Captial Improvement Project Debt Service Year Issue 1(1) Issue 24) Issue 3() Total Annual Debt Service Monthly Debt Service Amount 5,000,000 5,000,000 5,000,000 2022 373,427 373,427.38 31,118.95 2023 373,427 373,427.38 31,118.95 2024 373,427 373,427.38 31,118.95 2025 373,427 373,427.38 31,118.95 2026 373,427 373,427 746,854.77 62,237.90 2027 373,427 373,427 746,854.77 62,237.90 2028 373,427 373,427 746,854.77 62,237.90 2029 373,427 373,427 746,854.77 62,237.90 2030 373,427 373,427 373,427 1,120,282.15 93,356.85 2031 373,427 373,427 373,427 1,120,282.15 93,356.85 Average: 672,169.29 56,014.11 1) Note: Financing Terms Issuance Cost: 1.5% Term (Years) 20 Rate: 4% jAc lei ical\anna\2020 drainage utility analysis\03_report.do- - 9 - Birkhoff, Hendricks & Carter, L.L.P. H. OPERATION & MAINTENANCE ANNUALIZED EXPENDITURES The Estimated 2021 City of Anna Budget for the operation and maintenance (O&M) of the Stormwater System is $103,105. Because there is not currently a sperate storm water utility account, this amount represents ten percent (10%) of the City's Street Budget. The revenue is used for general maintenance items such as mowing of channels, inspections and debris removal. It is also used for administrative, planning and regulatory -compliance costs for operation of the system. City staff anticipates future expenditures which will increase the required O&M budget, including personnel expansion, equipment purchases and Municipal Separate Storm Sewer System (MS4) permitting. In the future, the required O&M budget will have a 10-Year annualized average of approximately $289,070 per year. It is also anticipated that within the rate study period, the city will be required to service a general permit for storm water discharge into the waters of the U.S. As shown in Table 3 below, beginning in the year 2025 the operation and maintenance budget includes a $75,000 fund for the municipal separate storm sewer system MS4) annual permit requirements and will grow with a 1.7% CPI rate. Currently the budget has limited resources for proper and consistent stormwater maintenance. Therefore, a new `Enhanced Storm water Maintenance' program has been created with an initial amount of $175,000. This program will allow for the city to regularly maintain stormwater utilities and equipment as the city grows. Table 4 calculates the average annual budget required to operate and maintain the stormwater system over the next ten years. The average annual O&M budget anticipated for the next 10- years is $524,514. This is the O&M 10-year level amount utilized for this study. The O&M expenses are to be recovered monthly through the drainage charge. j:\clerical\anna\2020 drainage utility analysis\03_report.docx - 1 0 - Birkhoff, Hendricks & Carter, L.L.P. TABLE 4- Operation & Maintenance Budget Year Inflation CPI) Rate (%) Annual ( A) O&M Budget Projection Ehlianced Strom Water Maintennace Program AIS4 Permit Expenses Capital Equipment) Expenditure Total Annual Ammount ($) ( d) 2021 1.7% 103 105 170 000 0 273,105 20221bi 1.7% 284,857 172,890 0 66,000 457,747 2023 1.7% 289,700 175,829 0 465,529 2024 1.7% 294,625 178,818 0 473,443 2025 1.7% 299,633 181,858 75,000 556,492 2026 1.7% 304,727 184,950 76,275 565,952 2027 1.7% 309,908 188,094 77,572 575,573 2028 1.7% 315,176 191,291 78,890 585,358 2029 1.7% 320,534 194,543 80,232 595,309 2030 1.7% 325,983 197,851 81,595 605,429 2031 1.7% 331,525 201,214 82,983 615,722 Average: 1.7% 289,070 185,213 50,232 524,514 A) Total Annulized Sum of 2021 = $1,031,046 * 10% b) Add 2 Maintenance -Tech I [Est. $54,000/yr], 1 Crew Leader [Est. $72,0001 c) 3/4 Ton Pickup [Est. $38,000], 1-20 Foot Trailer [Est. $18,000], Additonal Misc. Equipment [Est. $10,000] d) Total Annual Ammount divided by 12 results in Total Montly Budget j:\clerical\anna\2020 drainage utility analysis\03_report.docx - 1 1 - Birkhoff, Hendricks & Carter, L.L.P. I. STORM WATER UTILITY RATE OPTIONS A. 10-Year Level Rate Analysis (Base Approach) In this analysis, the monthly fee for both Residential and Non -Residential lots is calculated on a ten-year (10-year) level rate by using the average budget over a 10-year period for both the Operation and Maintenance and Capital Improvements budget. Three (3) different options are considered Option 1: Operation and Maintenance monthly budget (Table 5) Option 2: Capital Improvement Project monthly budget (Table 6) Option 3: Combining both O&M and CIP monthly budgets. (Table 7) Tables 5-7 below present the calculate the monthly residential and non-residential fee based on these three different options. TABLE 5 - Stormwater Utility Rate Calculation (O&M Budget Only) Rate Category Porportional Share Based on C*A Total O&M Monthly Budget Table 5) Parcel Count Total Area ac.) Monthly Fee Per Parcel Monthly Fee Per Acre Residential 88.0% 38,437 8,459 4-76-34 4.54 J / Non -Residential 12.0% 5,263 353 NLI 14.93 Public 0.0% 0 0 N/A Total: 100% 43,700 8,459 4,987 TABLE 6 - Stormwater Utility Rate Calculation (CIP Only) Rate Category Porportional Share Based on C*A Total Monthly Debt Service ($) fable 4) Parcel Count Total Area ac.) Monthly Fee Per Parcel Monthly Fee Per Acre Residential 88.0% 49,268 8,459 4-, 4 5.82 W1 A Non -Residential 12.0% 6,746 9 353 NSA 19.14 Public 0.0% 0 a 0 Ay'% N/A Total: 100% 56,014 8,459 4,987 TABLE 7 - Stormwater Utility Rate Calculation (Combined CIP +O&M) Rate Category Porportional Share Based on C*A Total Monthly Requirement ($) Table 4+5) Parcel Count TotalArea ac.) Monthly Fee Per Parcel Monthly Fee Per Acre Residential 88.0% 87,705 8,459 i;644 10.37 4/A Non - Residential 12.0% 12,009 353 34.07 Public 0.0% 0 9 0 N/A Total: 100% 99,714 8,459 4,987 jAclerical\ auna\2020 drainage utility analysis\03_reporl.doex - 12 - Birkhoff, Hendricks & Carter, L.L.P. The Calculated Fees shown in Tables 5-7 are the maximum allowable fees for the properties of each land use classification. The calculated fees assume that the fees shall be fixed for the next five years, however, the Local Government Code allows for the governing body of the stormwater utility to adjust the charges from time to time. It is recommended the maximum fee calculation be reviewed and adjusted, as required, prior to termination of the 5-year period. The update shall reestablish the O&M budgetary requirements with the possible inclusion of newly identified stormwater capital improvement projects and shall consider land use developments in the service area. Based on the calculated fees, we recommended implementation of the following Maximum Fee R- that include both the Storm Water System Operation and Maintenance expenditures and the Storm Water System Capital Improvements debt service: Residential: $10.37 per month Non -Residential: $34.07 per Acre B. 10-Year Annual Analysis (Supplemental Approach) During the review phase of this analysis, the City staff requested we perform a "supplemental" annualized evaluation of the storm water rate. In this analysis the monthly fee for both Residential and Non -Residential lots is calculated on a year -by -year annual basis. and utilizes the annual O&M and Capital Projects Debt Service budgets over a projected ten-year period. This approach requires a more focused estimate of annual growth in residential units and non- residential developments. Table IA below is an itemized presentation of Table 1 and presents the estimated annual growth in residential units and non-residential developments and calculates the proportional "CA" used for each year of the analysis. This approach results in an initial lower fee that generally increases over time. jAclericallanna\2020 drainage utility analysis103_report.docx - 13 - Birkhoff, Hendricks & Carter, L.L.P. TABLE 1A - Calculation of Runoff Contribution by Property Category (Annual Estimate) Residential Units Non Residential acres Year Lots Acres A) Run-off C" Weighted CA Proportinal CA Acres Run-off C" Weighted CA Proportional CA Total CA 2021 6,250 3,424 0.5 1,712.0 87.98% 260 0.9 234.0 12.02% 1,946.0 2022 6,500 3,561 0.5 1,780.5 87.99% 270 0.9 243.0 12.01% 2,023.5 2023 6,800 3,725 0.5 1,862.5 88.01% 282 0.9 253.8 11.99% 2,116.3 2024 7,200 3,944 0.5 1,972.0 88.06% 297 0.9 267.3 11.94% 2,239.3 2025 7,700 4,218 0.5 2,109.0 88.08% 317 0.9 285.3 11.92% 2,394.3 2026 8,450 4,629 0.5 2,314.5 88.11% 347 0.9 312.3 11.89% 2,626.8 2027 9,217 5,049 0.5 2,524.5 87.93% 385 0.9 346.5 12.07% 2,871.0 2028 9,877 5,411 0.5 2,705.5 88.13 % 405 0.9 364.5 11.87% 3,070.0 2029 10,427 5,712 0.5 2,856.0 88.19%1 425 0.9 382.5 11.81% 3,238.5 2030 10,667 5,844 0.5 1 2,922.0 87.95% 445 0.9 400.5 12.05% 3,322.5 2031 10,667 5,844 0.5 1 2,922.0 87.95%1 445 0.9 400.5 12.05% 3,322.5 The same Three (3) different options are considered Option 1: Operation and Maintenance monthly budget (Table 5A) Option 2: Capital Improvement Project monthly budget (Table 6A) Option 3: Combining both O&M and CIP monthly budgets (Table 7A) Tables 5A-7A below present the calculate the monthly residential and non-residential fee based on these three different options. TABLE 5A- Stormwater Utility Rate Calculation ( O&M Budget Only) Year Total Annual O&M Budget Amount s) Monthly Rates Residential Rate per Unit) Non - Residential Rate per Acre) 2021 273,105 3.20 10.52 2022 457,747 5.16 16.97 2023 465,529 5.02 16.49 2024 473,443 4.83 15.86 2025 556,492 5.30 17.44 2026 565,952 4.92 16.16 2027 575,573 4.58 15.04 2028 585,358 4.35 14.30 2029 595,309 4.20 13.79 2030 605,429 4.16 13.66 2031 615,722 4.23 13.89 Average: 1 $524,514:::]l 4.67 1 $15.36 j:\clerical\anna\2020 drainage utility mtalysis\03_report.docx - i 4 - Birkho.f, Hendricks & Carter, L.L.P. TABLE 6A - Stormwater Utility Rate Calculation (CIP Only) Year Annual CIP Debt Service Mouthy Rates Residential Rate per Unit) Non - Residential Rate per Acre) 2021 373,427 4.38 14.39 2022 373,427 4.21 13.84 2023 373,427 4.03 13.23 2024 373,427 3.81 12.51 2025 746,855 7.12 23.40 2026 746,855 6.49 21.33 2027 746,855 5.94 19.51 2028 746,855 5.55 18.24 2029 1,120,282 7.90 25.94 2030 1,120,282 7.70 25.28 2031 672,169 4.62 15.17 Average: 672,169.29 5.61 18.44 TABLE 7A - Stormwater Utility Rate Calculation (Combined CIP + O&M) Year Total Annual O&M Budget Amount Annual CIP Debt 1 Service Total Annual Budget O&M+CIP) Mouthy Rates Residential Rate per Unit) Non - Residential Rate per Acre) 2021 273,105 373,427 646,532 7.58 24.91 2022 457,747 373,427 831,175 9.38 30.81 2023 465,529 373,427 838,956 9.05 29.73 2024 473,443 373,427 846,870 8.63 28.37 2025 556,492 746,855 1,303,346 12.42 40.84 2026 565,952 746,855 1,312,807 11.41 37.49 2027 575,573 746,855 1,322,428 10.51 34.55 2028 585,358 746,855 1,332,213 9.91 32.54 2029 595,309 1,120,282 1,715,591 12.09 39.73 2030 605,429 1,120,282 1,725,711 11.86 38.94 2031 615,722 672,169 1,287,891 8.85 29.06 Average: 524,514.41 672,169.29 1,196,683.70 10.15 33.36 j:\clerical\anna\2020 drainage utility anaIysisM_report.docx - 1 5 - Birkhoff, Hendricks & Carter, L.L.P. J. Non -Residential Stormwater Detention System Fee Credit Several non-residential properties in the City of Anna currently utilize stormwater detention systems (ie. detention or retention ponds) to reduce runoff rates from the developed properties. An effective, on -site stormwater detention system benefits the City's existing stormwater drainage system by reducing the rate of runoff from the property to the stormwater system, thus reducing the required capacity of the downstream municipal utility system. The City may allow those non-residential properties which utilize an effective stormwater detention system to seek Stormwater Drainage Fee -Reduction Credit. We recommend requirement of application for the fee -reduction credits that is to be administered, approved and maintained by the City. We recommend the fee -reduction be proportional to the calculated reduction in runoff flow rate provided by the installed detention system, with a maximum allowable reduction established as an equivalent runoff estimated with a `C'-factor of 0.5. The calculated non-residential fee rate, $34.07 per acre, utilizes a runoff `C'- factor of 0.9, and therefore the maximum fee -reduction for a well -performing on -site stormwater detention system results in a reduced fee rate of $18.93 per acre. The detention system would require review by a licensed engineer in the State of Texas to provide the calculation results necessary for the calculation of the actual flow reduction. It is further recommended that the City inspect those stormwater detention systems credited for the reduction of runoff flow rate. The facilities must be maintained to ensure performance of the rated flow reduction. The City may require submission of a maintenance schedule with the application, for which City -approval and adherence by the property owner would be required. The City shall retain the powers to revoke the fee -credit upon non-conformance to the maintenance schedule or if the system is removed or found in disrepair. If the detention system fails, the fee -credits shall be revocable and subject to back -charges, based on the City's determination of the failure period and severity. jAclericahanna12020 drainage utility analysis103_report.docx - 16 - THE CITY OF manna MUNICIPAL DRAINAGE UTILITY 2021 RATE ANALYSIS BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS DALLAS, TEXAS TBPELS Firm No. 526 October 2021 HOA DRAINAGE SYSTEM POLICYCITY COUNCIL WORKSHOPNOVEMBER 12, 2024 OVERVIEW •Existing HOA Properties – Major Drainage Systems •Stormwater Utility Fund •Northpointe HOA Request •Staff Recommendation •Next Steps HOA – MAJOR DRAINAGE SYSTEMS •13 current neighborhoods with major drainage systems located on HOA property with HOA maintenance requirements: Anna Town SquareAvery PointeCamden ParcCamden Parc Phase 3CreeksideHurricane CreekNorthpointe Oak HollowPark PlacePecan GroveShadowbendWest CrossingWoods at Lindsey Place HOA – MAJOR DRAINAGE SYSTEMS ANNA TOWN SQUARE AVERY POINTE HOA – MAJOR DRAINAGE SYSTEMS CAMDEN PARC CREEKSIDE HOA – MAJOR DRAINAGE SYSTEMS NORTHPOINTE OAK HOLLOW STORMWATER UTILITY FUND •Established in April of 2022 (Ordinance 970-2022, 971-2022) •Residential Rate: $3.20/month •Commercial Rate: $10.94/Acre •Annual Revenues: ~$350,000 (anticipated for current fiscal year) •Current Fund Uses: •Bar ditch repair/maintenance in right-of -way •Culvert clearing/replacement •Grading to improve positive drainage in right-of -way •Erosion protection on City right-of -way and City-dedicated floodplain STORMWATER ACTIVITIES FY2023-2024 •Utility Costs •2 full-time employees •1 truck, mini excavator, hand tools & equipment •Construction materials (culvert pipe, dirt, rock, etc. •Work completed •Bar ditch & small culvert clearing- ongoing & regularly scheduled •Large box culvert and right-of -way clearing •Responded to 173 neighbor calls for service, including: 9 - Brush removal18 - Basin Cleaning76 - Culvert Cleaning12 - Debris Removal 16 - Ditch Maintenance12 - Ponding Water/Poor Drainage 30 - Mowing of drainage/flood areas STORMWATER ACTIVITIES NORTHPOINTE HOA REQUEST •The HOA is seeking to address erosion problems along the existing creek channel through their neighborhood. •They have requested for the City to assist with the financial and project management components of a potential project. STAFF POLICY RECOMMENDATION •Staff recommends that a formal policy is adopted to ensure clear and consistent coordination with HOA’s regarding drainage concerns. •The policy should be prepared by staff, reviewed by the City Attorney, and adopted by the City Council. POLICY CONSIDERATIONS •Transparency – Is the policy simple and easy to understand? •Culture – what is the “right fit” for Anna? •Responsibility – who pays? •Volume – how many requests will be received? •Finance – what are the Stormwater Utility Rate impacts? •Selection – who decides the problem is serious enough to be eligible for project selection and funding? •Legal – clear lines of responsibility and liability RECOMMENDED POLICY STRUCTURE •Must be on HOA property, within existing drainage easement •Formal agreement to City Council for each project •City funding based on availability and project ranking •Project ranking by City staff based on engineering principles •Minimum funding match of 50/50 RECOMMENDED POLICY STRUCTURE (CONT’D.) •Maximum City contribution of $50,000 towards construction per project (based on current rate structure) •HOA funds provided to City upfront •City manages design and construction with HOA input •At project closeout, unused HOA funds are returned to the HOA •Limitations of liability per City Attorney guidance NEXT STEPS •If desired, staff will prepare a draft policy for City Council feedback and consideration. •Staff will prepare a formal response and/or agreement for the Northpointe HOA request based upon: •Policy direction from the City Council •Staff review of the conditions and project scope •Available funds (HOA and City) Item No. 5.a. City Council Agenda Staff Report Meeting Date: 11/12/2024 Staff Contact: AGENDA ITEM: Approve City Council Meeting minutes for October 22, 2024. (City Secretary Carrie Land) SUMMARY: FINANCIAL IMPACT: BACKGROUND: STRATEGIC CONNECTIONS: ATTACHMENTS: 1. Min2024-10-22 - Minutes Draft WS 2. Min2024-10-22 - Minutes Draft Reg City Council Work Session Meeting Minutes Tuesday, October 22, 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 10/22/2024 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 5:31 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). Boards and Commissions MOTION: Council Member Herndon moved to enter closed session. Deputy Mayor Pro Tem Baker seconded. Motion carried 7-0. Mayor Cain recessed the meeting at 5:31 PM. Mayor Cain reconvened the meeting at 5:55 PM.. 3.Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. No action was taken. 4.Adjourn. Mayor Cain adjourned the meeting at 5:55 PM. Regular City Council Meeting Meeting Minutes Tuesday, October 22, 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 10/22/2024 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 6:00 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. •Andrew Michrina thanked the City for sponsoring the Women’s Self Defense Class recently. •Monty Marion opposed upgrading the Hackberry water tower lighting •Hieu Orozio spoke in favor of Agenda Item 7a. to rezone property from Single-Family to Downtown District for a Hibachi Grill. •Betty Sharp requested help to keep residential lots in the ETJ to large lots. 4.Reports. Receive reports from Staff or the City Council about items of community interest. •Mayor Pro Tem Carver noted the Veterans Parade will be held November 9, 2024 by the Greater Anna Chamber of Commerce. •Council Member Herndon showed the Veterans yard signs being offered to the neighbors. •Deputy Mayor Pro Tem Baker announced the Lairs Cemetery Dedication will be held October 26, 2024 at Rattan Elementary School. 5.Work Session. a.City Charter Amendment Process (City Secretary Carrie Land) City Secretary Carrie Land gave a brief overview of the Charter Amendment process and the time line for a May 2026 Election. b.Sherley Farms Development Update (Director of Development Services Stephanie Scott-Sims) The Tellus Group provided the City Council with an update regarding Sherley Farms, a proposed master-planned development located on the east side of future Leonard Avenue and north of FM 455. 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 Toten moved to approve consent agenda items 6a through 6e and 6g. Council Member Herndon seconded. Motion carried 7-0. a.Approve City Council October 8, 2024 Meeting Minutes. (City Secretary Carrie Land) b.Review Minutes of the September 5, 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 September 30, 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 September 30, 2024. Enclosed in the report is an executive dashboard that provides a high level look at major funds along with detailed reporting of sales tax collections. The financial condition of the City remains strong and the reported funds adhere to fund balance requirements. d.Review Minutes of the August 26, 2024 Diversity and Inclusion Advisory Commission Meeting. (Assistant City Manager Taylor Lough) e.Approve a Resolution making revisions to the Investment Policy. (Director of Finance Aimee Ferguson) The City of Anna, per the Investment Policy, is required to revisit, revise, and adopt the Investment Policy each year. Revisions recommended to the policy are confirmation of titles for Investment Officers and adding weighted average yield to maturity as the performance standard. The Texas Legislature did not make any substantive changes to the Public Funds Investment Act (PFIA) during the course of the last legislative session. A RESOLUTION REVIEWING AND AMENDING THE INVESTMENT POLICY OF THE CITY OF ANNA. f.Approve a Resolution authorizing the City Manager to execute purchase orders to Musco Sports Lighting, LLC, to install lighting system improvements on the Hackberry Water Tower. (Director of Public Works Steven Smith) This item is to authorize the City Manager to execute purchase orders for Musco Sports Lighting, LLC to install lighting system improvements at the Hackberry Water Tower site. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE PURCHASE ORDERS IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY-FIVE THOUSAND DOLLARS AND NO CENTS ($135,000.00), TO MUSCO SPORTS LIGHTING, LLC, FOR THE INSTALLATION OF LIGHTING SYSTEM IMPROVEMENTS TO THE HACKBERRY WATER TOWER; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Council Member Toten moved to approve. Deputy Mayor Pro Tem Baker seconded. Motion carried 6-1, Council Member Miller opposed. g.Approve a Resolution authorizing the City Manager to execute purchase orders in a fourth amendment to the Construction Manager at Risk contract for the construction of improvements at the Hurricane Wastewater Treatment Plant with Garney Construction. (Director of Public Works Steven Smith) This bid package is the next step in the construction of the treatment plant. As the Hurricane Creek Regional Wastewater Treatment Plant project continues to move forward additional portions of the project will be bid, and brought before the City Council for approval A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE PURCHASE ORDERS IN THE AMOUNT NOT TO EXCEED ELEVEN MILLION NINE HUNDRED EIGHT THOUSAND FIVE HUNDRED NINETY-ONE DOLLARS AND ZERO CENTS ($11,908,591.00) TO GARNEY COMPANIES, INCORPORATED FOR THE CONSTRUCTION AND INSTALLATION OF EQUIPMENT AND MATERIALS AT THE HURRICANE CREEK REGIONAL WASTEWATER TREATMENT PLANT; AND PROVIDING FOR AN EFFECTIVE DATE. 7.Items For Individual Consideration. a.Conduct a Public Hearing/Consider/Discuss/Action on a request to rezone one lot on 1.0± acre from SF-1 Single Family Residential District to Downtown (DT) District. Located on the east side of North Powell Parkway, 530± feet south of Fern Street. (Zone 24-0001) (Director of Development Services Stephanie Scott-Sims) The applicant is proposing to rezone the property to the Downtown (DT) District. The applicant proposes to convert the existing single family residential home on the site to a restaurant for use. At its October 7, 2024 meeting, the Planning & Zoning Commission recommended denial. Mayor Cain opened the public hearing at 8:15 PM. No public comments. Mayor Cain closed the public hearing at 8:16 PM. The City Council discussion ensued. Mayor Cain re-opened the public hearing at 8:16 PM. The applicant, Hieu Orozio spoke about the project. Mayor Cain closed the public hearing at 8:22 PM. MOTION: Deputy Mayor Pro Tem Baker moved to approve. Council Member Miller seconded. Motion carried 7-0. (Property rezoned under this ordinance is generally located on the east side of North Powell Parkway, 530± feet south of Fern Street) AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY’S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. b.Consider/Discuss/Action on a Resolution approving an Economic Development Incentive Agreement with the Seitz Group, Inc. for Commercial/Retail Development. (Director of Economic Development Bernie Parker) The Seitz Group are working on developing a 27 acre site located at the intersection of Rosamond Parkway and US 75. They are looking to build 123,000 square feet National Grocer, and 8 out parcels. The Agreement requires Seitz Group to complete construction of Grocery Improvements by December 31, 2027 to receive incentives. Mr. Erick Seitz spoke to Council. MOTION: Council Member Herndon moved to approve. Deputy Mayor Pro Tem Baker seconded. Motion carried 7-0. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING AN INCENTIVE AGREEMENT WITH SEITZ GROUP, INC. c.Consider/Discuss/Action on a Resolution regarding the naming of a park located at 1456 Persimmon Dr. "Carol Park." (Director of Neighborhood Services Marc Marchand) Carol Ann Collins has been active in the City of Anna as a real estate broker, land investor and developer having owned 1500 acres producing almost 3,000 lots and several commercial sites. During the past 29 years, she has made tremendous effort to develop projects that represent quality and contributes toward the growth and enhancement of the City. In 2002, she donated funding for the fire department to purchase a dedicated brush truck, in 2013 she donated funding to the police department for patrol bikes, and in 2014 donated the historic Train Depot that was located on property she owned. This parkland is being dedicated to the community by Carol and her husband Don, and the naming of park or other recreation areas are to ensure that the given names are consistent with the values and character of the area or neighborhood served and within the City as a whole and the naming of the park will better ensure a sense of place for all neighbors and distinguish the park as a public space. The Parks Advisory Board reviewed and unanimously recommended to the City Council naming the new park generally located at 1456 Persimmon Dr. "Carol Park." MOTION: Deputy Mayor Pro Tem Baker moved to approve. Council Member Herdon seconded. Motion carried 7-0. A RESOLUTION OF THE CITY OF ANNA, TEXAS NAMING A PARK LOCATED 1456 PERSIMMON Dr. “CAROL PARK”. d.Consider/Discuss/Action on a Resolution amending the name and terms of members of the Diversity and Inclusion Advisory Commission. (Assistant City Manager Taylor Lough) The Anna Diversity and Inclusion Advisory Commission has adopted a work plan consisting of three focus areas: engagement, community contributions, and advisement. Members of the City Council have requested to change the name of the Commission to the Neighbor Engagement and Inclusion Commission. The resolution also changes the terms of members from May to December 31 to reflect the current appointment procedures. MOTION: Council Member Toten moved to approve. Council Member Herndon seconded. Motion carried A RESOLUTION OF THE CITY OF ANNA, TEXAS AMENDING RESOLUTION NO. 2020-07-757 CREATING THE ANNA DIVERSITY AND INCLUSION ADVISORY COMMISSION; ESTABLISHING PROCEDURES FOR APPOINTMENT AND REMOVAL OF MEMBERS; AND ESTABLISHING DUTIES AND RESPONSIBILITIES OF THE COMMISSION. 8.Closed Session (Exceptions). Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to discuss any items listed or referenced on this Agenda under the following exceptions: a.Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code §551.071). b.Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072). c.Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t Code §551.087). d.Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). City Manager. City Council, Boards and Commissions. MOTION: Council Member Toten moved to enter closed session. Council Member Herndon seconded. Motion carried 7-0. Mayor Cain recessed the meeting at 8:53 PM. Mayor Cain reconvened the meeting at ______ PM. 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. MOTION: Council Member Herndon moved to extend City Manager Ryan Henderson's employment contract for residency for 6 months. Deputy Mayor Pro Tem Baker seconded. Motion carried 7-0. 10.Adjourn. Mayor Cain adjourned the meeting at _________ PM. Item No. 5.b. City Council Agenda Staff Report Meeting Date: 11/12/2024 Staff Contact: Aimee Ferguson AGENDA ITEM: Approve the Quarterly Investment Report for the Period Ending September 30, 2024. (Director of Finance Aimee Ferguson) SUMMARY: In accordance with the Public Funds Investment Act (PFIA), the City of Anna is required to submit a quarterly report on the investments of public funds held by the City. The report includes: • Summary of Investments by category • Economic overview with charts showing historical data • Total of investment holdings, including portfolio composition and maturity range • Book and market comparison The fiscal year-to-date average yield for the total portfolio equaled to 5.46%. Total cash and investments increased $9.4 million for the quarter. This increase is due in part to the funding received from the 2024 Certificates of Obligation. FINANCIAL IMPACT: Interest income for the quarter ending September 30, 2024, equaled to $2.56 million. Overall, interest income for the fiscal year to date is $10.52 million. BACKGROUND: The City of Anna invests funds in several types of instruments including Checking and Money Market accounts, Certificates of Deposit, and Government Pool funds. Investment funds are currently held in the following institutions: Independent Financial, Simmons Bank, Texas CLASS, and TexPool. The city is currently working with Valley View Consulting, LLC to maximize current interest rates while maintaining a high degree of safety and sufficient liquidity to fund ongoing operations. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent ATTACHMENTS: 1. 4th Quarter - 09.30.2024 Item No. 5.c. City Council Agenda Staff Report Meeting Date: 11/12/2024 Staff Contact: Terri Doby AGENDA ITEM: Approve an Ordinance approving the Tax Year 2024 Tax Roll. (Budget Manager Terri Doby) SUMMARY: The Collin County Tax Assessor Collector has submitted the Tax Roll Summary to the City of Anna for Tax Year 2024. The report is attached. FINANCIAL IMPACT: Process to adopt the Fiscal Year 2025 Budget. BACKGROUND: Texas Property Tax Code, Section 26.09 requires the City to pass an ordinance approving the yearly Tax Roll. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. 2024 Tax Roll Summary Anna City 2. FY2025 Tax Roll Ordinance Page 10 of 207 2024 TAX ROLL SUMMARY 07 - ANNA CITY October 01, 2024Run Date:Collin County Tax Office MARKET VALUES NUMBER OF ACCOUNTS Amount Count 12,612 ROLLCODE: MOBILE HOME Improvement $1,618,008 Improvement Non-Home Site $44,530 ROLLCODE: PERSONAL Personal $101,035,792 ROLLCODE: REAL Agriculture $269,708,624 Improvement $2,427,687,941 Improvement Non-Home Site $584,105,277 Land $952,192,127 Land Ag Land $737,630 Land Non-Home Site $255,917,776 TOTAL MARKET VALUE $4,593,047,705 DEFERRALS Ag $269,708,624 210 TOTAL DEFERRALS $269,708,624 EXEMPTIONS 23.231 Circuit Breaker Limitation $10,880,711 619 Autos , XO , PPV , XO , PPV $12,610,375 22 Cap Adjustment , XT , XT $97,477,464 3,034 Disabled $3,339,600 121 Disabled Veteran $57,698,928 366 Homestead $57,699,744 5,181 Miscellaneous , XV , XV $359,946,280 504 Nominal Value $69,897 80 Over 65 $25,973,412 928 Pollution Control $399,141 4 Solar/Wind $65,974 8 TOTAL EXEMPTIONS $626,161,526 GRAND TOTAL FOR DEFERRALS AND EXEMPTIONS TOTAL MARKET VALUE TAXABLE VALUE $4,593,047,705 $3,697,177,555 $895,870,150 TAX RATE 0.5072 ROLLCODE: MOBILE HOME Levy $7,927.01 111 ROLLCODE: PERSONAL Levy $446,280.22 450 ROLLCODE: REAL Levy $18,297,730.00 12,051 TOTAL LEVY $18,751,937.23 $0.00LEVY LOST DUE TO FROZEN $146.56OTHER LOST LEVY $146.56TOTAL LOST LEVY TaxRollSummary.rpt Revised October 01, 2024 EXHIBIT A Page 11 of 207 2024 TAX ROLL SUMMARY 07 - ANNA CITY October 01, 2024Run Date:Collin County Tax Office 0.00 0.00 0.00 0 0 0Frozen Calc Levy - Tax Amount = Diff. Market Value Exemption Taxable Value DV100 (Excl. Frozen) Prorated (Excl. Frozen Other 3,638.73 3,492.17 146.56 57,448,399 54,321,123 3,127,276 0.00 0.00 0.00 0 0 0 19,596,651.73 19,596,651.73 0.00 4,706,798,961 845,515,533 3,861,283,428 Total Calculation Analysis 19,600,290.46 19,600,143.90 146.56 4,764,247,360 899,836,656 3,864,410,704 DV100 (Incl. Frozen) Prorated (Incl. Frozen 0.00 0.00 0.00 0 0 0 0.00 0.00 0.00 0 0 0 TaxRollSummary.rpt Revised October 01, 2024 EXHIBIT A CITY OF ANNA, TEXAS ORDINANCE NO._____________ AN ORDINANCE APPROVING THE 2024 TAX ROLL FOR THE CITY OF ANNA, TEXAS WHEREAS, the Collin County Tax Assessor Collector has submitted the 2024 Tax Roll for the City of Anna, Texas (the “City”) to the City Council of the City of Anna, Texas (the “City Council”) for approval; and WHEREAS, the City Council is required by statute (Texas Property Tax Code Section 26.09) to approve or disapprove said Tax Roll; and WHEREAS, the City Council has reviewed the 2024 Tax Roll Summary as provided by the Collin County Tax Assessor Collector, now therefore; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: SECTION 1. Recitals Incorporated. The above-referenced recitals are incorporated herein as if set forth in full for all purposes. SECTION 2. Tax Roll Approved. The Council hereby approves the 2024 Tax Roll Summary attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas, this, the 12th day of November, 2024. ATTESTED: _____________________________ City Secretary Carrie L. Land APPROVED: ________________________________ Mayor Pete Cain Item No. 5.d. City Council Agenda Staff Report Meeting Date: 11/12/2024 Staff Contact: Lauren Mecke AGENDA ITEM: Approve a Resolution regarding the Lazy Lane Addition, Block A, Lots 1-3, Final Plat. (FP 24-0014) (Director of Development Services Stephanie Scott-Sims) SUMMARY: At its November 4, 2024, meeting, the Planning & Zoning Commission recommended approval subject to the approval of a waiver from the following Subdivision Ordinance requirements: 1. 9.02.087(b) - Minimum Frontage on A Public Street 2. 9.02.081(c)(1) - Adequacy Of Streets and Thoroughfares - Responsibility for adequacy of streets and thoroughfares. 3. 9.02.081(6)(A) - Street Dedications - Dedication of Right-of-Way 4. 9.02.081(o) - Maximum and Minimum Length of Block or Street Segments FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: Three lots on 4.99± acres on the north side of FM 2862, 800± feet east of Oak Circle in the Extraterritorial Jurisdiction (ETJ). The Final Plat subdivides one lot into three lots. The Subdivision Ordinance requires lots to have frontage on a public street. Lot 1 has the required frontage on FM 2862. Lots 2 and 3 do not have frontage on a public street. They are accessed by a road easement through Lot 1 and an ingress/egress easement through Lot 2. The applicant is requesting a waiver from the following Subdivision Ordinance requirements: 9.02.087(b) - Minimum Frontage on A Public Street Each lot on a subdivision plat shall front onto a dedicated, improved public street, unless platted as an approved private street subdivision in accordance with these subdivision regulations. All lots shall have a minimum of 40 feet of frontage along the property line of a dedicated, improved street unless other provisions have been authorized under Article 9.04 or an approved planned development district. 9.02.081(c)(1) - Adequacy Of Streets and Thoroughfares - Responsibility for adequacy of streets and thoroughfares. The property owner shall ensure that the subdivision is served by adequate streets and thoroughfares, and shall be responsible for the costs of rights-of-way and street improvements, in accordance with the following policies and standards, and subject to the City’s cost participation policies on oversized facilities. 9.02.081(6)(A) - Street Dedications - Dedication of Right-of-Way The developer shall dedicate all rights-of-way required for existing or future streets, and for all required street improvements, including perimeter streets and approach streets, as shown in the comprehensive plan and as required by the design standards or by other valid development plans approved by City Council. 9.02.081(o) - Maximum and Minimum Length of Block or Street Segments The maximum length of any block or street segment, including a looped street, shall be 1,200 feet and the minimum length of any block or street segment shall be 400 feet, as measured along the street centerline and between the point(s) of intersection with other through streets. A cul-de-sac or dead-end street shall not be considered a through street. The block length is not measured along the side of a block that does not include the front of any lot. The Final Plat is in conformance with the City’s Subdivision Regulations and Zoning Ordinances upon approval of the waiver and is subject to additions and/or alterations to the engineering plans as required by the City Engineer. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Locator Map - Lazy Lane Addition, Block A, Lots 1-3, Final Plat. (FP 24-0014) 2. Resolution - Lazy Lane Addition, Block A, Lots 1-3, Final Plat. (FP 24-0014) 3. Exhibit A - Lazy Lane Addition, Block A, Lots 1-3, Final Plat. (FP 24-0014) 4. Waiver - Lazy Lane Addition, Block A, Lots 1-3, Final Plat. (FP 24-0014) WATERHOUSE LAKE D RE ROSAMONDPKWY OAK CIRCOUNTY ROAD 427 FM 2862 MERCED RIVER LN RED PEAK LN CHERRY CREEK LN INDIAN CREEKCEDARBRANCHLN SAND PIPER LANE DUCK L A KELOOPELM GROVE W E S T G R O V E C IR COUNTYROAD425EAGLEMEADOWTRLCARDINALLNBIRDNESTLNRODEO DRMESAFALLSCTMISTLE T O E DRBLUEBIRDLN STARDUST DR East ForkTr i n it y R i v er121 V a n A l s t y n e Subject Property City Limits ETJ ¯ 0 500 1,000250 Feet October 2024 U:\GIS\Notification Maps\Notification Maps\ Lazy Lane Addition, Block A, Lots 1-3 Final Plat (FP 24-0014) Inset Map CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING LAZY LANE ADDITION, BLOCK A, LOTS 1-3, FINAL PLAT. (FP 24-0014) WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas has adopted Article 9.02 (“Subdivision Regulations”) and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of Ordinances; and WHEREAS, Autobody by Fisher, LP has submitted an application for the approval of Lazy Lane Addition, Block A, Lots 1-3, Final Plat; and WHEREAS, the Final Plat conforms to the City’s Subdivision Regulations; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Final Plat The City Council hereby approves Lazy Lane Addition, Block A, Lots 1-3, Final Plat attached hereto as Exhibit A subject to additions and/or alterations to the engineering plans as required by the City Engineer. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 12th day of November, 2024. ATTEST: APPROVED: _____________________________ ______________________________ Carrie Land, City Secretary Pete Cain, Mayor Item No. 5.e. City Council Agenda Staff Report Meeting Date: 11/12/2024 Staff Contact: Gregory Peters AGENDA ITEM: Approve a Resolution authorizing the City Manager to execute the First Amendment to the Development Agreement by and between the City of Anna, Texas, and Anna 31 Retail, LP. (Assistant City Manager Greg Peters, P.E.) SUMMARY: This item is to approve the First Amendment to a development agreement with Anna 31 Retail, LP, to provide extensions to the original project timelines. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The property owner and developer requested extensions to the timelines placed on the project in the original development agreement. At the September 24, 2024, City Council Meeting, staff presented the extension request to the City Council. The City Council directed staff and the City Attorney to work with the developer to establish reasonable extensions to the timelines for the project. The proposed amended development agreement is attached to this item for approval. The proposed timeline extensions allow for a 90-day increase to the project schedule. Construction is anticipated to begin in the first quarter of 2025. STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: 1. Resolution - First Amendment to DA - Anna Retail 31 LP 2. First Amendment to Development Agreement with City of Anna and Anna 31 Retail - signed by Seller 3. Res 2022-04-1142 Anna 31 Retail Dev Agree CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF ANNA, TEXAS, AND ANNA 31 RETAIL, LP; WITH AN EFFECTIVE DATE. WHEREAS, the City of Anna entered into a development agreement with Anna 31 Retail, LP on April 12, 2022 for the development of a multi-family project; and, WHEREAS, Anna 31 Retail, LP, has requested extensions to the timeline requirements identified in the development agreement; and, WHEREAS, the proposed extensions allow for a 90-day increase in the project timeline, which allows the developer to adequately move forward with the project; and, WHEREAS, the First Amendment to the Development Agreement has been reviewed by the City Attorney and City staff to ensure compliance with the rules and regulations of the City of Anna, Texas, and Texas Local Government Code; and, WHEREAS, the City Council of the City of Anna, Texas, finds that the First Amendment to the Development Agreement is acceptable and should be executed and placed on file with the City Secretary; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1.Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2.Authorization of Payment and Funding. That the City Council of the City of Anna hereby authorizes the City Manager to execute the First Amendment to Development Agreement by and between the City of Anna, Texas, and Anna 31 Retail, LP. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___ day of November, 2024. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie Land Mayor, Pete Cain Exhibit A (see following page) CITY OF ANNA, TEXAS RESOLUTION NO.eA-!: t1 40'ot A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT AGREEMENT WITH ANNA 31 RETAIL, LP, RELATING TO DEVELOPMENT AND DESIGN REGULATIONS FOR MULTIPLE -FAMILY RESIDENCE DEVELOPMENT GENERALLY LOCATED ON THE EAST AND WEST SIDE OF THROCKMORTON BOULEVARD, 370± FEET SOUTH OF W. WHITE STREET (FM 455). WHEREAS, Anna 31 Retail LP, is the Property Owners of real estate generally located on the east and west sides of Throckmorton Boulevard, 370± feet south of W. White Street FM 455); and WHEREAS, Property Owners desire to rezone the subject property to allow residential uses; and WHEREAS, Property Owner has agreed to development and design regulations should the City approve rezoning the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval The City Council hereby approves the Development Agreement with Anna 31 Retail, LP, attached hereto as Exhibit A, and raes and approves the City Manager's execution of the same. The City Manager is hereby authorized to execute all documents and take all other actions necessary to finalize, act under and enforce the Agreement. PASSED by the City Council of the City of Anna, Texas, on this 12th day of April 2022, ATTESTED: Carrie L. Land, City Secretary u++1111I Ilea/,/P P ROVE D NJAPike, Mayor TES\ \\\ l111t11111\\11\ EXHIBIT "11A" PROPERTY DESCRIPTION Exhibit 1 PROPERTY DESCRIPTION Being a 12.87 acre tract of land located in the Thomas Rattan Survey, Abstract Number 782, Collin County, Texas, being a part of Lot 3, Block A of the Anna Retail Addition, recorded in Instrument Number M220310010000970 of the Official Public Records of Collin County, Texas, (OPRCCT), said 12.87 acre tract as determined from a survey by Kenneth Yazel, RPLS 6182 on February 28, 2022 (ground distances are expressed in US survey feet using a projected combined scale factor of 1.000152710) and being more particularly described as follows: COMMMENCING at a found 5/8" iron rod having Texas Coordinate System of the North American Datum of 1983 (2011) EPOCH 2O10, North Central Zone (4202) Grid Coordinates of Northing 7176569.4 and Easting 2552835.6, on the east right-of-way line of U.S. Highway 75 (Variable Width Right -of -Way) and at the southwest corner of said Lot 3; THENCE North 88 degrees 57 minutes 21 seconds East (Grid Bearings based on said Texas Coordinate System), with the south line of said said Lot 3, a distance of 369.85 feet to the POINT OF BEGINNING of the herein described tract; THENCE North 01 degrees 02 minutes 37 seconds West, across said Lot 3, a distance of 508.22 feet to a set 1/2" iron rod with a cap stamped "ypassociates.com"; THENCE North 88 degrees 57 minutes 22 seconds East, continuing across said Lot 3, a distance of 69.28 feet to a point for corner; THENCE North 01 degrees 03 minutes 24 seconds West, continuing across said Lot 3, a distance of 24.87 feet to a point for corner from which a found 1/2" iron rod with a cap stamped "ypassociates.com" at an angle point on the north line of said Lot 3 bears North 01 degrees 03 minutes 24 seconds West, a distance of 26.13 feet; THENCE North 88 degrees 52 minutes 55 seconds East, continuing across said Lot 3, a distance of 900.32 feet to a point for corner in a curve to the left having a radius of 740.00 feet and whose chord bears South 23 degrees 38 minutes 38 seconds East, a distance of 114.66 feet; THENCE Southeasterly, continuing across said Lot 3 with said curve to the left through a central angle of 08 degrees 53 minutes 12 seconds an arc length of 114.77 feet to a point for corner at the beginning of a curve to the right having a radius of 660.00 feet and whose chord bears South 14 degrees 35 minutes 12 seconds East, a distance of 308.16 feet; THENCE Southeasterly, continuing across said Lot 3 with said curve to the left through a central angle of 27 degrees 00 minutes 03 seconds an arc length of 311.03 feet to a point for corner, THENCE South 01 degrees 05 minutes 11 seconds East, continuing across said Lot 3, a distance of 128.81 feet to a point of corner from which a found 5/8" iron rod at the southeast corner of said Lot 3 bears North 88 degrees 57 minutes 21 seconds East, a distance of 180.20 feet; THENCE South 88 degrees 57 minutes 21 seconds West, with the south line of said Lot 3, a distance of 1085.91 feet to the POINT OF BEGINNING and containing 12.87 acres, or 560,585 square feet of land, more or less. EXHIBIT 10 PROPERTY DESCRIPTION Exhibit 1 PROPERTY DESCRIPTION Being a 2.52 acre tract of land located in the Thomas Rattan Survey, Abstract Number 782, Collin County, Texas, being a part of Lot 3, Block A of the Anna Retail Addition, recorded in Instrument Number 20220310010000970 of the Official Public Records of Collin County, Texas, (OPRCCT), said 2.52 acre tract as determined from a survey by Kenneth Yazel, RPLS 6182 on February 28, 2022 (ground distances are expressed in US survey feet using a projected combined scale factor of 1.000152710) and being more particularly described as follows: COMMENCING at a found 5/8" iron rod having Texas Coordinate System of the North American Datum of 1983 (2011) EPOCH 2O10, North Central Zone (4202) Grid Coordinates of Northing 7176569.4 and Easting 2552835.6, on the east right-of-way line of U.S. Highway 75 (Variable Width Right -of -Way) and at the southwest corner of said Lot 3; THENCE North 88 degrees 57 minutes 21 seconds East (Grid Bearings based on said Texas Coordinate System), with the south line of said Lot 3, a distance of 1635.97 feet to a found 5/8" iron rod at the southeast corner of said Lot 3; THENCE North 02 degrees 45 minutes 07 seconds West, with the east line of said Lot 3, a distance of 59.39 feet to the POINT OF BEGINNING of the herein described tract; THENCE South 88 degrees 57 minutes 21 seconds West, across said Lot 3, a distance of 88.00 feet to a point for corner; THENCE North 45 degrees 32 minutes 35 seconds West, continuing across said Lot 3, a distance of 14.97 feet to a point for corner; THENCE North 01 degrees 05 minutes 11 seconds West, continuing across said Lot 3, a distance of 58.82 feet to a point for corner in a curve to the left having a radius of 740.00 feet and whose chord bears North 14 degrees 35 minutes 12 seconds West, a distance of 345.51 feet; THENCE Northwesterly, continuing across said Lot 3 with said curve to the left through a central angle of 27 degrees 00 minutes 03 seconds an arc length of 348.73 feet to a point for corner at the beginning of a curve to the right having a radius of 656.66 feet and whose chord bears North 14 degrees 34 minutes 09 seconds West, a distance of 308.55 feet; THENCE Northwesterly, continuing across said Lot 3 with said curve to the left through a central angle of 27 degrees 10 minutes 34 seconds an arc length of 311.46 feet to a point for corner on the north line of said Lot 3, from which a found 1/2" iron rod with cap stamped "ypassociates.com" bears South 88 degrees 54 minutes 49 seconds Westa distance of 1272 , . feet; THENCE North 88 degrees 54 minutes 49 seconds East, with the north line of said Lot 3, a distance of 230. 56 feet to a found 1/2" iron rod with cap stamped "ypassociates.com" at the northeast corner of said Lot 3; THENCE South 02 degrees 45 minutes 07 seconds East, with the east line of said Lot 3, a distance of 705. 88 feet to the POINT OF BEGINNING and containing 2.52 acres, or 109,799 square feet of land, more or less. I k.'PA2El. SR. N Nr e Wa 82_ vA.e EXHIBIT " 2" DEPICTION OF PROPERTY ci cj 00 mz N 4 CTI - 4 N Ln W 0) W N 7° 36' S6 „ E N12 1650550 22' 45 „ E 3010 31 J I 00 N CJi N J 121 S2° 45' 07" E 11 3. 06' N2 59 32A E 7" 30;' i l 1 '` 31 I 02' 59" Wi 1 i 1 ° 05' 42"; I199. 08' 4131 i00 212. 76' 367. 79' C , - LIMA . i0. a.. ; . s rdY[ A ALI5f- ` ' At 9 5 _ 5 IS At tw _„ _ A A '. s LIN LLII Lot Ip1 k 1{ f AW7 - 11 Or A j LI ALLALL kr6: b DEVELOPMENT AGREEMENT This Development Agreement (this "Agreement") is entered effective as of April 12, 2022 (the "Effective Date") between and among the City of Anna, Texas, a home -rule municipality (the "City") and Anna 31 Retail, LP, a Texas limited partnership ("Owner") as follows: RECITALS WHEREAS, the Owner is the sole owner of 15.4± acres of real property located wholly within the City's corporate limits and described in Exhibit 1A and Exhibit 1 B and depicted on Exhibit 2, (the "Property"); and, WHEREAS, the Property is subject to City Regulations, including without limitation the City's zoning regulations; and, WHEREAS, the current zoning classification of the Property is C-2 General Commercial District the "Original Zoning Classification"); and, WHEREAS, Owner has applied to rezone the Property to allow for Planned Development - Multiple -Family - High Density (PD-MF-2) to allow for multiple -family residences with modified development standards (the "Zoning Change"); and, WHEREAS, the City's Planning &Zoning Commission and City Council have given the requisite notices by publication and otherwise and have scheduled public hearings with respect to the rezoning of the Property as required by law; and, WHEREAS, in the event that the Property is rezoned, the City and Owner desire to enter into this Agreement to establish development and design regulations to ensure that future development is appropriate for the area and fits in well with adjacent properties; and, WHEREAS, it is the Parties' mutual intent that this agreement shall govern only the subject matter specifically set forth herein and shall supersede City Regulations only to the extent that any such City Regulations directly conflict with the terms of this development agreement; and, NOW, THEREFORE, in consideration of the above recitals and the mutual consideration as reflected in the covenants, duties and obligations contained herein, the sufficiency of which is hereby acknowledged, the Parties hereto agree as follows, effective as of the Effective Date: SECTION I. RECITALS INCORPORATED. DEVELOPMENT AGREEMENT Page 1 The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties' intent under this Agreement and said recitals constitute representations by Owner and the City. SECTION 2. DEVELOPMENT STANDARDS / BUILDING MATERIALS. A. Development and use of the Property, including, without limitation, the construction, installation, maintenance, repair, and replacement of all buildings and all other improvements and facilities of any kind whatsoever on and within the Property, shall be in compliance with City Regulations unless expressly stated to the contrary in this Agreement. It is expressly understood and to include but are not limited to City Code provisions, ordinances, design standards, uniform codes, zoning regulations not affected by this Agreement, and other policies duly adopted by the City including without limitation any such regulations or requirements that were affected by the passage of Texas H.B. 2439, 86(R), codified as Chapter 3000 of the Texas Government Code ("Materials and Methods Regulations"), which are collectively incorporated herein as if set forth in full for all purposes; provided, however, to the extent of any conflict between the requirements of Materials and Methods Regulations and the requirements of this Agreement, this Agreement shall control. For purposes of this Agreement, "City Regulations" mean the City's applicable development regulations in effect on the Effective Date, including without limitation City Code provisions, ordinances (including, without limitation, all development fees), design standards, and other policies duly adopted by the City; provided, however, that as it relates to public infrastructure for any given phase of the Project, the applicable construction standards (including, without limitation, uniform building codes) shall be those that the City has duly adopted at the time of the filing of an application for a preliminary plat for that phase unless construction has not commenced within two years of approval of such preliminary plat in which case the construction standards shall be those that the City has duly adopted at the time that construction commences. B. With respect to all structures/development within the Dr) -RAC: -2 Zoning District, Owner agrees to comply and/or to cause all other persons or entities to comply and any other successors or assigns to comply with all City Regulations and with the masonry material requirements and all other requirements of the Anna City Code of Ordinances, Article 9.04 Zoning Ordinance, Section 9.04.034 Supplementary District Regulations, Subsection (e) Architectural Design Standards, which are incorporated herein as if set forth in full for all purposes, and with the following standards (in the event of any conflict, the following listed standards shall govern). Notwithstanding the foregoing, a Subsequent Owner upon a Closing (as hereinafter defined) must agree in writing to assume Owner's responsibilities set forth herein. For purposes of this Agreement the term "Subsequent Owner" means any person or entity that acquires all or any part of the Property from Owner or Owner's successor in title to the Property or any part thereof Multiple -Family Residence Buildings A. All multi -family buildings and structures shall have at least seventy percent (70%), for DEVELOPMENT AGREEMENT Page 2 the first three stories of the total exterior walls above grade level, excluding doors and windows, and recessed balcony areas (should be allowed as plane break), constructed of masonry (brick, stone, pre -cast stone, and other similar veneer material) or Stucco materials with no more than (30%) consisting of cementitious siding (Hardie products). B. Roofing materials for buildings and structures must be architectural roof shingles, said shingles shall be accompanied with a minimum 25-year warranty. Under no circumstances shall three -tab shingles be used as roofing material. C. Accessory buildings shall use similar bung and roofing materials as those used on the primary buildings. D. A covered entry area shall be designed at the main entry to each building. E. A minimum of 75% of all units must have one of the following design features: 1) true balcony, stoop, or patio to create outdoor living space. F. Four architectural design features are required on facades facing public streets, parking and common areas. Acceptable architectural design features may include but are not limited to: 1) Articulation of building facade, 2) Extensions to the building through bay or box windows, and other similar features projecting out from the facade, 3) A horizontal change in building materials between stories of a building, 4) Variation in building materials between vertical intervals, 5) Variations in window placement, 6) Architectural features such as shutters, awnings, dormers, chimneys, decorative moldings or ornamental details, and 7) Roof height, pitch, ridgelines and materials shall be varied to create visual interest and avoid repetition. SECTION 3. NOTICES. Any and all notices required to be given by either of the parties hereto must be in writing and will be deemed delivered upon personal service, if hand -delivered, or when mailed in the United States mail, certified, return receipt requested, addressed as follows: DEVELOPMENT AGREEMENT Page 3 To City: City Manager City of Anna 111 North Powell Parkway PO Box 776 Anna, exas 75409T To Owner: Anna 31 Retail, LP c/o David E Claassen 8400 Westchester Dr, Dallas, TX 75225 Suite 300 SECTION 4. DEADLINES, MODIFICATIONS OR TERMINATION. A. This Agreement may only be modified and/or terminated as follows: (a) by mutual written agreement of the City and Owner or, after a Closing (as hereinafter defined), by a Subsequent Owner instead of Owner; and/or (b) unilaterally by City upon default of the Owner or Subsequent Owner. Notwithstanding the foregoing or any other provision of this Agreement, this Agreement shall terminate and be null and void if the City does not approve the Zoning Change on or before the 12th day of April 2022. The parties acknowledge and agree that the rezoning of the Property is a legislative act and that this Agreement does not bind the City Council to approve any proposed rezoning of the Property. B. Owner or any Subsequent Owner shall be obligated under this Agreement to timely meet the following deadlines: 1. Within 45 days after City Council approval of the Zoning Change, Owner will have submitted a replat of the Property. 2. Within 180 days after the City has approved and signed the Replat, Owner shall have submitted a site plan, landscaping plan, lighting plan, replat (showing easements, fire lanes and utilities for the multi -family development), and civil plans. 3. A preconstruction meeting between 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 preconstruction meeting. DEVELOPMENT AGREEMENT Page 4 5. Owner must submit plans and specifications for the buildings and other improvements not part of the civil plans (the "Building Plans") no later than 150 days after civil plans are approved by the City. After the last to occur of (a) approval of the Building Plans by the City of Anna, (b) completion of all construction pursuant to civil plans, (c) acceptance of all civil construction and public improvements by the City of Anna, and (d) recordation of the multi -family development final replat, Owner must submit an application for a building permit within 60 days thereafter (including without limitation the payment of all fees due to the City as required to develop the Property). 6. Recordation in the Official Records of Collin County, Texas of multifamily development final replat must occur within 420 days of commencement of site construction. 7. Vertical construction pursuant to the Building Plans for approved structures must commence within 120 days after the later to occur of the recordation of final multi -family development replat and obtaining a building permit. C. Not by way of limitation as to other material terms and conditions, the deadlines stated above are material terms and conditions of this Agreement and any failure to meet any of the deadlines above (each, a "Deadline Default") is a material default under this Agreement. In addition to all other remedies that the City may enforce under this Agreement or that is available to the City at law or in equity in the event of a Deadline Default, the City may in its sole discretion initiate and pursue a zoning case to change the zoning classification back to the Original Zoning Classification. In the event that the City initiates such a zoning case after a Deadline Default, the Owner shall not oppose the zoning case and shall be deemed to have fully and irrevocably released and waived any claim, cause of action, litigation or other challenge or proceeding to such zoning case on any legal basis or theory whatsoever. SECTION 5. DEFAULT. If Owner, its heirs, successors or assigns or any Subsequent Owner of the Property or any part thereof fails to comply with any of the material terms and conditions included in this Agreement such defaulting owner referenced herein as "Defaulting Owner"), the City will have the following non-exclusive and cumulative remedies. A. Withholding of utilities or withholding or revocation of permits and other approvals required for development and use of the portion of the Property that is the subject of the default (but no other portions of the Property) including without limitation building DEVELOPMENT AGREEMENT Page 5 permits and certificates of occupancy. B. The Defaulting Owner shall be liable to pay to the City the sum of $2,000 for each failure to materially comply with the development standards set forth of this Agreement. The Defaulting Owner shall be liable to pay the City said $2,000 sum per day for each day that such failure to comply occurs. The sums of money to be paid for such failure(s) is not to be considered as a penalty, but shall be deemed, taken and treated as reasonable liquidated damages that accrue per day that such a failure shall exist or occur. The said amounts are fixed and agreed upon by the parties because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the City in such event would sustain; and said amounts are agreed to be the amounts of damages which the City would sustain. In the event of a breach that is not timely cured as set forth below, the sum of liquidated damages shall be calculated to include each and every day of the occurrence of the breach beginning on the date that the City first provided written notice of such breach under this paragraph and the City shall not be required to provide any subsequent written notices as to subsequent dates or times during which such breach is repeated or continues to occur C. The non -defaulting party will additionally have any and all remedies available to it at equity or in law. Notwithstanding the foregoing, a Defaulting Owner shall not be liable for the remedies under this section unless there is a breach of any material term or condition of this Agreement and such breach remains uncured after forty-five (45) calendar days following receipt of written notice from the City provided in accordance with this Agreement describing said breach in reasonable detail (or, if the cure of the breach has diligently and continuously been undertaken but reasonably requires more than forty-five (45) calendar days to cure, then such additional amount of time as is reasonably necessary to effect the cure, as determined by both Parties mutually and in good faith but in no event shall such additional period exceed 120 days unless agreed to in writing by the parties to this Agreement). SECTION 6. BINDING ON SUCCESSORS, AGREEMENT RUNS WITH THE LAND. This Agreement will be binding upon and inure to the benefit of the parties' respective successors, assigns and personal representatives. This Agreement runs with the land and is binding on all subsequent owners of the Property or any portions thereof. This section shall be construed liberally to ensure the Parties' intent that this Agreement shall be enforceable regardless of any change of ownership of or interest in the Property. Notwithstanding anything to the contrary in this Section 6 or elsewhere in this Agreement, if the Owner or a Subsequent Owner (the "Transferor") conveys, assigns, or transfers its entire interest in the Property or a DEVELOPMENT AGREEMENT Page 6 part thereof (the "transferred Property") to a Subsequent Owner (the "Transferee") who assumes Transferor's obligations under this Agreement with respect to the transferred Property, the Transferor shall be automatically released from its obligations under this Agreement relating to the transferred Property subsequent to the date of transfer. SECTION 7. INDEMNIFICATION AND HOLD HARMLESS. THE OWNER OR ANY SUBSEQUENT OWNER OF THE PROPERTY IN THE EVENT OF A CLOSING (THE "INDEMNIFYING PARTY") HEREBY COVENANTS AND AGREES TO RELEASE DEFEND HOLD HARMLESS, AND INDEMNIFY THE CITY AND ITS OFFICIALS OFFICERS AGENTS SERVANTS AND EMPLOYEES, FROM AND AGAINST ALL THIRD -PARTY CLAIMS SUITS JUDGMENTS DAMAGES, AND DEMANDS AGAINST THE CITY WHETHER REAL OR ASSERTED INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY'S FEES RELATED EXPENSES EXPERT WITNESS_FEES CONSULTANT FEES AND OTHER COSTS (TOGETHER "CLAIMS"), ARISING OUT OF THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF THE INDEMNIFYING PARTY, INCLUDING WITHOUT LIMITATION THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF ANY OF ITS EMPLOYEES CONTRACTORS SUBCONTRACTORS, MATERIAL MEN AND AGENTS, IN CONNECTION _ WITH THE DESIGN OR CONSTRUCTION OF ANY PUBLIC INFRASTRUCTURE STRUCTURES, OR OTHER FACILITIES OR IMPROVEMENTS THAT ARE REQUIRED OR PERMITTED UNDER THIS AGREEMENT AND/OR CITY REGULATIONS AND/OR ANY APPLICABLE DEVELOPMENT STANDARDS AND/OR ANY OTHER GOVERNING REGULATIONS; AND IT IS EXPRESSLY UNDERSTOOD THAT SUCH CLAIMS SHALL, EXCEPT AS MODIFIED BELOW INCLUDE CLAIMS EVEN IF CAUSED BY THE CITY'S OWN CONCURRENT NEGLIGENCE SUBJECT TO THE TERMS OF THIS SECTION, THE INDEMNIFYING PARTY SHALL NOT HOWEVER BE REQUIRED TO INDEMNIFY THE CITY AGAINST CLAIMS CAUSED BY THE CITY'S SOLE NEGLIGENCE OR BY THE CITY'S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. IF THE CITY INCURS CLAIMS THAT ARE CAUSED BY THE CONCURRENT NEGLIGENCE OF THE INDEMNIFYING PARTY AND THE CITY THE INDEMNIFYING PARTY'S INDEMNITY OBLIGATION WILL BE LIMITED TO A FRACTION OF THE TOTAL CLAIMS EQUIVALENT TO THE INDEMNIFYING PARTY'S OWN PERCENTAGE OF RESPONSIBILITY. THE INDEMNIFYING PARTY FURTHER COVENANTS AND AGREES TO RELEASE DEFEND HOLD HARMLESS,_ AND INDEMNIFY THE CITY AGAINST ANY AND ALL CLAIMS BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY AS OF THE EFFECTIVE DATE WHO HAS NOT SIGNED THIS AGREEMENT IF SUCH CLAIMS RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH: (1) THE CITY'S RELIANCE UPON ANY OF THE INDEMNIFYING PARTIES' REPRESENTATIONS IN THIS AGREEMENT; (2) THIS AGREEMENT OR OWNERSHIP OF THE PROPERTY' OR (3) THE CITY'S APPROVAL OF ANY TYPE OF DEVELOPMENT AGREEMENT Page 7 DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT TO THE PROPERTY. At no time shall the City have any control over or charge of the design, construction or installation of any of the improvements to the Property or related work or undertakings, nor the means, methods, techniques, sequences or procedures utilized for the design, construction or installation related to same. This Agreement does not create a joint enterprise or venture between the City and any of the Indemnified Parties. This section shall survive the termination %J this Agreement. SECTION 8. RECORDATION. This document, including all Exhibits, may be recorded in the Official Records of Collin County, Texas. SECTION 9. ENTIRE AGREEMENT. This Agreement is the entire agreement of the parties regarding the subject matter hereto. SECTION 10. RECITALS AND EXHIBITS. The recitals herein and exhibits attached hereto are hereby incorporated by reference. SECTION 11. AUTHORITY. Owner represents and warrants to the City that the Owner owns the Property and that this Agreement is binding and enforceable on the Property. Owner may sell the Property or a part thereof to a person or entity (the "Closing") prior to commencement of site construction on the property sold, and in such event the Subsequent Owner shall be required to acknowledge and assume all obligations, liabilities and indemnifications under this Agreement. SECTION 12. INVALID PROVISIONS. If any provision of this Agreement is held not valid, such provision will be deemed to be excised there from and the invalidity thereof will not affect any of the other provisions contained herein. SECTION 13. ESTOPPEL. On or before 15 days after receipt of a written request from an owner of the Property that desires to transfer its interest in the Property or borrow money secured by a mortgage or deed of trust against the Property or a prospective transferee of an owner's interest or an DEVELOPMENT AGREEMENT age existing or prospective mortgagee, the City will execute and deliver an estoppel certificate stating that, to the best of the City 's knowledge: (i) the transferring or borrowing owner is not in default under this Agreement; and (ii) this Agreement is in full force and effect and whether there are any amendments thereto. SECTION 14. FORCE MAJEURE. Whenever a period of time is prescribed in this Agreement for a Party (the "ActincLParty") to take an action (other than a payment obligation), the Acting Party will not be liable or responsible for, and there will be excluded from the computation of any such time period, the period of time (the Force Majeure Period") of delays caused by strikes, riots, acts of God, pandemic, enemy action, shortages of labor or materials, war, acts of terrorism, flood, fire, explosion, unavoidable casualty, or any other causes that are beyond the reasonable control of the Acting Party or any of its employees, agents, or contractors, but not any economic hardship, changes in market conditions, and insufficiency of funds ("Force Maleure"). However, a date will only be extended by a Force Majeure Period if the Acting Party gives notice to the other Party of the occurrence or commencement of the event that constitutes Force Majeure within ten days after the Acting Party knows of the existence or commencement of such event, and claims (in such notice) that such event constitutes Force Majeure. A Party that has claimed the right to temporarily suspend its performance under this section shall provide written reports to the other Party at least once every week detailing: (i) the extent to which the force majeure event or circumstance continue to prevent the Party 's performance; (ii) all of the measures being employed to regain the ability to perform; and (iii) the projected date upon which the Party will be able to resume performance, which projected date the Parties agree and acknowledge is only an estimate and not a binding commitment by the Party claiming force majeure. SECTION 15. EFFECTIVE DATE. This Agreement will be effective upon the Effective Date first stated herein. signature page follows] DEVELOPMENT AGREEMENT Page CITY OF AN By: Jim' PrgL;e, City Manager IN WITN")o WHEREOF STATE OTEXAS COUNTY OF COLLIN Before me, the undersigned notary public, on the 161g"t day of 2022, appeared Jim Proce, known to me (or proved to me) to be the person whos6 name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as City Manager of the City of Anna, Texas. otary Public, State of Texas Anna 31 Retail, LP, a Texas limited partnership By: DEC Properties, L.L.C., its general By: David E. Claassen, its Manager IN WITNESS WHEREOF: STATE OF TEXAS COUNTY OF COLLIN CARRIE L. LAND My Notary ID # 11419404 Expires February 4, 2023 Before me, the undersigned notary public, on the day of ,2022 appeared David E. Claassen, known to me (or proved to me) to be the pers n whose name is subscribed to the foregoing instrument, and acknowledged to me and verified under oath that he/she executed the same in his/her capacity as Manager of DEC Properties, LLC, in its capacity as General partner of Anna 31 Retail, LP. of Texas KYMBERLY JANE DONACHIE My Notary ID # 12I31309066 Expires November 22, 2023 DEVELOPMENT AGREEMENT Page 10 EXHIBIT "1A" PROPERTY DESCRIPTION PROPERTY DESCRIPTION Being a 2.52 acre tract of land located in the Thomas Rattan Survey, Abstract Number 7820 Collin County, Texas, being a part of Lot 3, Block A of the Anna Retail Addition, recorded in Instrument Number 20220310010000970 of the Official Public Records of Collin County, Texas, (OPRCCT), said 2.52 acre tract as determined from a survey by Kenneth Yazel, RPLS 6182 on February 28, 2022 (ground distances are expressed in US survey feet using a projected combined scale factor of 1.000152710) and being more particularly described as follows: COMMENCING at a found 5J8" iron rod having Texas Coordinate System of the North American Datum of 1983 (2011) EPOCH 2O10, North Central Zone (4202) Grid Coordinates of Northing 7176569.4 and Fasting 2552835.6, on the east right-of-way line of U.S. Highway 75 (Variable Width Right -of -Way) and at the southwest corner of said Lot 3; THENCE North 88 degrees 57 minutes 21 seconds East Grid Bearings based on said Texas Coordinate System), with the south line of said Lot 3, a distance of 1635.97 feet to a found 5/8" iron rod at the southeast corner of said Lot 3; THENCE North 02 degrees 45 minutes 07 seconds West, with the east line of said Lot 3, a distance of 59.39 feet to the POINT OF BEGINNING of the herein described tract; THENCE South 88 degrees 57 minutes 21 seconds West, across said Lot 30 a distance of 88.00 feet to a point for corner; THENCE North 45 degrees 32 minutes 35 seconds West, continuing across said Lot 3, a distance of 14.97 feet to a point for corner; THENCE North 01 degrees OS minutes 11 seconds West, continuing across said Lot 3, a distance of 58.82 feet to a point for corner in a curve to the left having a radius of 740.00 feet and whose chord bears North 14 degrees 35 minutes 12 seconds West, a distance of 345.51 feet; THENCE Northwesterly, continuing across said Lot 3 with said curve to the left through a central angle of 27 degrees 00 minutes 03 seconds an arc length of 348.73 feet to a point for corner at the beginning of a curve to the right having a radius of 656.66 feet and whose chord bears North 14 degrees 34 minutes 09 seconds West, a distance of 308.55 feet; THENCE Northwesterly, continuing across said lot 3 with said curve to the left through a central angle of 27 degrees 10 minutes 34 seconds an arc length of 311.46 feet to a point for corner on the north line of said Lot 3, from which a found 1/2" iron rod with cap stamped "ypassociates.com" bears South 88 degrees 54 minutes 49 seconds West, a distance of 12.72 feet; THENCE North 88 degrees 54 minutes 49 seconds East, with the north line of said Lot 3, a distance of 230.56 feet to a found 1J2" iron rod with cap stamped "ypassociates.com" at the northeast corner of said Lot 3; THENCE South 02 degrees 45 minutes 07 seconds East, with the east line of said Lot 3, a distance of 705.88 feet to the POINT OF BEGINNING and containing 2.52 acres, or 109,799 square feet of land, more or less. t YAZEl JR EXHIBIT "1 B" PROPERTY DESCRIPTION PROPERTY DESCRIPTION Being a 12.87 acre tract of land located in the Thomas Rattan Survey, Abstract Number 782, Collin County, Texas, being a part of Lot 3, Block A of the Anna Retail Addition, recorded in Instrument Number 20220310010000970 of the Official Public Records of Collin County, Texas, (OPRCCT), said 12.87 acre tract as determined from a survey by Kenneth Yazel, RPLS 6182 on February 28, 2022 (ground distances are expressed in US survey feet using a projected combined scale factor of 1.000152710) and being more particularly described as follows: COMMMENCING at a found 5/8" iron rod having Texas Coordinate System of the North American Datum of 1983 (2011) EPOCH 2O10, North Central Zone (4202) Grid Coordinates of Northing 7176569.4 and Easting 2552835.6, on the east right-of4ay line of U.S. Highway 75 (Variable Width Right -of -Way) and at the southwest corner of said Lot 3; THENCE North 88 degrees 57 minutes 21 seconds East (Grid Bearings based on said Texas Coordinate system), with the south line of said said Lot 3, a distance of 369.85 feet to the POINT OF BEGINNING of the herein described tract; THENCE North 01 degrees 02 minutes 37 seconds West, across said Lot 31 a distance of 508.22 feet to a set 1/2" iron rod with a cap stamped "ypassociates.com"; THENCE North 88 degrees 57 minutes 22 seconds East, continuing across said Lot 3, a distance of 69.28 feet to a point for corner; THENCE North 01 degrees 03 minutes 24 seconds West, continuing across said Lot 3, a distance of 24.87 feet to a point for corner from which a found 1/2" iron rod with a cap stamped "ypassociates.com" at an angle point on the north line of said Lot 3 bears North 01 degrees 03 minutes 24 seconds West, a distance of 26.13 feet; THENCE North 88 degrees 52 minutes 55 seconds East, continuing across said Lot 3, a distance of 900.32 feet to a point for corner in a curve to the left having a radius of 740.00 feet and whose chord bears South 23 degrees 38 minutes 38 seconds East, a distance of 114,66 feet; THENCE Southeasterly, continuing across said Lot 3 with said curve to the left through a central angle of 08 degrees 53 minutes 12 seconds an arc length of 114.77 feet to a point for corner at the beginning of a curve to the right having a radius of 660.00 feet and whose chord bears South 14 degrees 35 minutes 12 seconds East, a distance of 308.16 feet, THENCE Southeasterly, continuing across said Lot 3 with said curve to the left through a central angle of 27 degrees 00 minutes 03 seconds an arc length of 311.03 feet to a point for corner; THENCE South 01 degrees 05 minutes 11 seconds East, continuing across said Lot 3, a distance of 128.81 feet to a point of corner from which a found 5/8" iron rod at the southeast corner of said Lot 3 bears North 88 degrees 57 minutes 21 seconds East, a distance of 180.20 feet; THENCE South 88 degrees 57 minutes 21 seconds West, with the south line of said Lot 3, a distance of 1085.91 feet to the POINT OF BEGINNING and containing 12.87 acres, or 560,585 square feet of land, more or less. EXHIBIT " 2" DEPICTION OF PROPERTY 00 00 M Z N V V E 165. 55' N12' 22' 45» 30104, e N2r. 4 OD 11 t0 CA f W` \ \ 121, 70 t \ 1 S1' 02' 37" pp din 00 cn — — to t o or z 1 00 --- - I cn 1 ` 02' 59 VIA 11' 05' 42' I 99. 08 i 00 212. 76 Mil 00 Do 67. 79' S2' 45' 07" E 11 3406' MR Item No. 5.f. City Council Agenda Staff Report Meeting Date: 11/12/2024 Staff Contact: Dalan Walker AGENDA ITEM: Approve a Resolution authorizing the City Manager to execute a Parkland Development Reimbursement Fee Agreement by and between the City of Anna, Texas, and Meryl Street, LP. (Park Planning & Development Manager Dalan Walker) SUMMARY: The Park Development Fee Credit Agreement between the City of Anna and Meryl Street LP facilitates the construction of park improvements in the recently named Carol Park. The details of the Agreement are summarized below. • Developer agrees to design and build park improvements. • Developer agrees to dedicate 2.519 of park land adjacent to the 12+ acres dedicated by Don Collins. • City of Anna agrees to credit the remaining fee in lieu of park land dedication ($75,000) toward the development of park amenities. • City of Anna agrees to credit the $680,000 owed for park development fees toward the design and construction of park amenities. • City of Anna agrees to contribute a maximum of $211,192 to the park improvements (funded by the Park Development Fund). • Developer agrees to pay all expenses required to complete the park improvements exceeding the current estimated cost of $966,192. The park improvements consist of: • Two lighted pickleball courts • Small dog park with seating • Pavilion with picnic table • Parking lot (18 spaces) • Connections to a 10' concrete trail (by others) • Landscaping and irrigation FINANCIAL IMPACT: Funding is available in the Park Development Fund to cover the $211,192 expense. BACKGROUND: The City of Anna has been working with NRP, JPI and NexMetro for several years to facilitate the construction of a trail that begins at White St and travels south to an eventual connection to the Oak Hollow development. The park improvements described in this agreement provide recreational opportunities along the trail and for all neighbors of Anna. The pickleball courts at Slayter Creek Park have been incredibly popular and are often full. The courts in this project will provide additional opportunities for players. The dog park at Natural Springs Park also receives high traffic. This dog park will help provide relief to the Paw Park and give neighbors on this side of town a closer option. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Active. ATTACHMENTS: 1. Parkland Development Reimbursement Fee Agreement (City of Anna) - Signed by NRP 2. Parkland_Exhibit A 3. Parkland_Exhibit B 4. Parkland_Exhibit C 5. Parkland_Exhibit D Park Development Fee Credit Agreement- Page 1 4856-8208-6856, v. 9 PARK DEVELOPMENT FEE CREDIT AGREEMENT This Park Development Fee Credit Agreement (this “Agreement”) is entered into by and between the City of Anna, Texas, a home-rule municipality (the “City”) and Meryl Street LP, a Delaware limited partnership (the “Developer”). WHEREAS, Developer and the City are sometimes collectively referenced in this Agreement as the “Parties” or, each individually, as “Party”; and WHEREAS, it is the Parties' mutual intent that this Agreement shall govern only the subject matter specifically set forth herein and that this Agreement shall supersede any previous agreement between the Parties regarding the subject matter hereof; and WHEREAS, Developer desires to develop certain real property in Collin County, Texas, composed of approximately 12.882 acres of land located entirely within the corporate limits of the City of Anna, Texas as a multifamily apartment development, more particularly described in the attached Exhibit A (the “Apartment Property”); WHEREAS, Developer herein agrees to develop the Parkland Improvements (defined herein) on that certain real property in Collin County, Texas, composed of approximately 2.519 acres of land located entirely within the corporate limits of the City of Anna, more particularly described in the attached Exhibit B (the “Parkland Property”); and WHEREAS, Developer and City acknowledge and agree that under applicable City Regulations the development of the Apartment Property would ordinarily require the payment to the City a Two Thousand and No/100 Dollars ($2,000.00) fee per apartment unit relating to park development in the City (the “Park Development Fee”, as further defined herein) and that said Park Development Fee must be paid at the time of application for a building permit; and WHEREAS, Developer and City acknowledge and agree that under applicable City Regulations the development of the Apartment Property would ordinarily require the payment to the City a Six Hundred and No/100 Dollars ($600.00) fee per apartment unit relating to a fee in lieu of park land dedication(the “Parkland Dedication Fee”, as further defined herein) and that said Parkland Dedication Fee in lieu of park land dedication must be paid at the time of the submission of final plat; and WHEREAS, Developer and City acknowledge and agree that 7 acres of park land dedication is required based on the development of three hundred forty (340) multifamily residential units; and WHEREAS, Developer and City acknowledge and agree that 2.5 acres of park land shall be dedicated by Developer to the City leaving a balance of 4.5 acres of park land due to the City from Developer; and WHEREAS, Developer agrees to design and construct, at its sole cost and expense, the Parkland Improvements on the Parkland Property to serve the Apartment Property and the City; and Park Development Fee Credit Agreement- Page 2 4856-8208-6856, v. 9 WHEREAS, in consideration for Developer designing and constructing the Parkland Improvements, the City agrees to grant a credit toward the amount of the Park Development Fee in the total amount of Six Hundred Eighty Thousand and No/100 Dollars ($680,000.00), as a credit to the costs incurred and paid by Developer for the design and construction of the Parkland Improvements subject to the terms hereof; and WHEREAS, in consideration for the Developer dedicating 2.5 acres of actual park land to the City, with the Parkland Improvements constructed thereon, the City agrees to grant a credit to Developer toward the amount of the Parkland Dedication Fee in the total amount of Seventy-Five Thousand and No/100 Dollars ($75,000.00), subject to the terms hereof; and WHEREAS, the City agrees to contribute a maximum of Two Hundred Eleven Thousand One Hundred Ninety-Two and No/100 Dollars ($211,192.00), to the Parkland Improvements; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: SECTION 1 RECITALS INCORPORATED The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties' intent under this Agreement and said recitals constitute representations by the Parties. SECTION 2 DEFINITIONS Building Permit means a permit issued by the City for vertical construction of a multifamily apartment development on the Apartment Property. City Approval Date has the meaning ascribed to that term in Section 3(a). City Code means the Anna City Code of Ordinances. City Manager means the current, acting, or interim City Manager of the City of Anna or a person designated to act on behalf of the City Manager with respect to this Agreement if the designation is in writing and signed by the current or acting City Manager. City Regulations mean City Code provisions, ordinances, design standards, and uniform codes, duly adopted by the City. Developer’s Design and Construction Cost, with respect to the Parkland Improvements, means: the dollar amount actually paid by or on behalf of Developer for the engineering, design, land surveying, and construction of the Parkland Improvements, which shall generally include but not be limited to the items listed in the cost breakdown attached hereto as Exhibit D. City inspection fees shall not be included in Developer’s Design and Construction Cost. The Developer’s Design and Construction Cost shall be Eight Hundred Ninety-One Thousand One Hundred Ninety-Two and No/100 Dollars ($891,192.00). Park Development Fee Credit Agreement- Page 3 4856-8208-6856, v. 9 Development means the multifamily apartment development to be constructed by Developer on the Apartment Property, including without limitation certain common areas, that are part of the Apartment Property and the Parkland Property. Multifamily Unit means the three hundred forty (340) apartment units that Developer shall construct on the Apartment Property. Park Development Fee Credit Amount, with respect to the Parkland Improvements, means the total dollar amount of Six Hundred Eighty Thousand and No/100 Dollars ($680,000.00), which equals a credit for three hundred forty (340) multifamily residential units at a per unit fee of Two Thousand and No/100 Dollars ($2,000.00) of the Park Development Fee due from Developer to the City. The City shall credit the Park Development Fee Credit Amount to Developer upon the City’s Acceptance Date and dedication of the Park Property by Developer to the City. Parkland Dedication Fee Credit Amount, with respect to the park land dedication being made by Developer to the City, means the total dollar amount of Two Hundred Four Thousand and No/100 Dollars ($204,000.00), which equals a credit for three hundred forty (340) multifamily residential units at a per unit fee of Six Hundred and No/100 Dollars ($600.00) of the Parkland Dedication Fee due from Developer to the City. This Parkland Dedication Fee Credit Amount shall include a credit of Seventy-Five Thousand and No/100 Dollars ($75,000.00) for the 2.5 acres of actual park land being dedicated to the City by Developer, and the balance of One Hundred Twenty -Nine Thousand and No/100 Dollars ($129,000.00) shall be paid by the Developer to the City upon final plat approval by the City. Parkland Improvements means design, surveying, testing, corridor preparation, paving excavation, construction of concrete paving, signage, markings, and any other improvements necessary for a trail system, parking area, pavilion, pickleball courts and dog park for the Parkland Improvements in accordance with the City of Anna Engineering Design Standards. The Parkland Improvements shall include the design and construction of the improvements depicted and described as the Parkland Improvements in Exhibit C, attached hereto, and in accordance with construction plan(s) approved by the City. SECTION 3 GENERAL PROVISIONS (a) Documentation of Actual Amount Paid. Once Developer fully completes construction of the Parkland Improvements and the City has inspected and approved same, Developer shall provide the City Manager with documentation reasonably acceptable to the City Manager evidencing Developer’s Design and Construction Cost. The City Manager shall review the documentation provided and shall approve or deny Developer’s Design and Construction Cost within fifteen (15) business days of receipt thereof (which approvals shall not be unreasonably withheld). If the City Manager denies the submittal, the City Manager will provide a written explanation and, if appropriate, seek additional documentation. The Parties shall cooperate in attempting to reach an agreement on the dollar amount of the Developer’s Design and Construction Cost. If the City Manager takes no action within such fifteen (15) day period, the documentation and Developer’s Design Cost shall be deemed approved. Upon approval (or deemed approval) of Developer’s Design Cost, the City shall issue a written acceptance Park Development Fee Credit Agreement- Page 4 4856-8208-6856, v. 9 letter to Developer, which shall signify final acceptance by the City of the Parkland Improvements (referred to as the “City Acceptance Date”). (b) Approval of Plats/Plans. Approval by the City, the City's engineer or other City employee or representative of any plans, designs or specifications submitted by Developer pursuant to this Agreement or pursuant to City Regulations shall not constitute or be deemed to be a release of the responsibility and liability of Developer, its engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Further, any such approvals shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by Developer's engineer, its officers, agents, servants or employees, it being the intent of the Parties that approval by the City's engineer signifies the City's approval on only the general design concept of the improvements to be constructed and that the design plans and specifications meet the requirements of the City Regulations. (c) Insurance. Developer or its contractor(s) shall acquire and maintain, during the period of time when the Parkland Improvements are under construction: (a) workers compensation insurance in the amount required by law; and (b) commercial general liability insurance including personal injury liability, premises operations liability, and contractual liability, covering, but not limited to, the liability assumed under any indemnification and/or hold harmless provisions of this Agreement, with limits of liability for bodily injury, death and property damage of not less than $1,000,000.00. Such insurance shall also cover any and all claims which might arise out of the Parkland Improvements construction contracts, whether by Developer, a contractor, subcontractor, engineer, materialman, or otherwise. Coverage must be on a "per occurrence" basis. All such insurance shall: (i) be issued by a carrier which is rated "A-1" or better by A.M. Best's Key Rating Guide and licensed to do business in the State of Texas; and (ii) name the City as an additional insured and contain a waiver of subrogation endorsement in favor of the City. Upon the execution of design contracts, Developer shall provide to the City certificates of insurance evidencing such insurance coverage together with the declaration of such policies, along with the endorsement naming the City as an additional insured. Each such policy shall provide that, at least 30 days prior to the cancellation, non-renewal or modification of the same, the City shall receive written notice of such cancellation, non-renewal or modification. (d) Indemnification and Hold Harmless. DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING, WITHOUT LIMITATION, DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND RELATED EXPENSES, EXPERT WITNESS FEES AND RELATED EXPENSES AND OTHER CONSULTANT FEES AND RELATED EXPENSES) ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE NEGLIGENT OR OTHERWISE WRONGFUL ACTS OR OMISSIONS OF DEVELOPER, ITS AGENTS, SERVANTS, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN OR Park Development Fee Credit Agreement- Page 5 4856-8208-6856, v. 9 EMPLOYEES IN CONNECTION WITH THE CONSTRUCTION OF THE PARKLAND IMPROVEMENTS, INCLUDING BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY. SUCH INDEMNITY SHALL SURVIVE THE TERM OF THIS AGREEMENT. EXCEPT FOR THE PARKLAND IMPROVEMENTSAPPROVAL SET FORTH IN THIS AGREEMENT, AT NO TIME SHALL THE CITY HAVE ANY CONTROL OVER OR CHARGE OF THE DESIGN OR CONSTRUCTION OF THE PARKLAND IMPROVEMENTS BY DEVELOPER AND THE SUBJECT OF THIS AGREEMENT, NOR THE MEANS, METHODS, TECHNIQUES, SEQUENCES OR PROCEDURES UTILIZED FOR SAID DESIGN AND CONSTRUCTION. THIS AGREEMENT DOES NOT CREATE A JOINT ENTERPRISE BETWEEN THE CITY AND DEVELOPER. DEVELOPER FURTHER COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL CLAIMS OR SUITS, BY ANY PERSON LEGALLY CLAIMING AN INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THIS AGREEMENT AND WHICH CLAIMS: (1) ARISE IN ANY WAY FROM THE CITY'S RELIANCE UPON DEVELOPER'S REPRESENTATIONS IN THIS AGREEMENT; OR (2) RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH DEVELOPER’S OBLIGATIONS UNDER THIS AGREEMENT. NOTWITHSTANDING THIS PROVISION OR ANY OTHER PROVISION OF THIS AGREEMENT, DEVELOPER SHALL NOT BE OBLIGATED TO INDEMNIFY, DEFEND, OR HOLD THE CITY HARMLESS FOR THE CITY'S OWN NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THIS INDEMNIFICATION AND HOLD HARMLESS PROVISION SHALL ONLY APPLY TO DEVELOPER IF DEVELOPER CONSTRUCTS THE PARKLAND IMPROVEMENTS. SECTION 4 PARKLAND IMPROVEMENTS (a) Developer Obligations. (1) As a condition to the City granting the Park Development Fee Credit, Developer agrees to: (1) design and construct the Parkland Improvements at its sole cost and expense in a good and workmanlike manner; (2) commence construction of the Parkland Improvements within sixty (60) days following the purchase of the Apartment Property and the Parkland Property by Developer; and (3) fully complete construction of the Parkland Improvements before the issuance of the Certificate of Occupancy for the Multifamily Unit on the Apartment Property. (2) Upon the completion of the Parkland Improvements and the City Acceptance Date, Developer shall deliver to the City a special warranty deed in the form attached hereto as Exhibit E, conveying to the City the Parkland Property, including the Park and the Park Improvements, and the City will accept and Developer shall record the special warranty deed. Park Development Fee Credit Agreement- Page 6 4856-8208-6856, v. 9 (3) Notwithstanding anything to the contrary contained herein, the City hereby agrees to defer payment of the Park Development Fee until such time as the City’s Acceptance Date. Developer shall present, and the City shall consider Developer’s Design and Construction Costs in accordance with the required Park Development Fee. If the Developer’s Design and Construction Costs is less than the Park Development Fee calculated by the City at time of Building Permit submittal for the multifamily apartment development on the Apartment Property, Developer shall be responsible to remit the difference in the Park Development Fee and the Park Development Fee Credit. If the Developer’s Design and Construction Costs exceed the calculated Park Development Fee, no additional fee shall be due or payable from Developer to the City. (b) City Obligations (1) The City shall provide the Developer with a credit equal to the Park Development Fee Credit. The Park Development Fee Credit will be applied by the City at the time of application for each Building Permit. (2) The City shall contribute a maximum of Two Hundred Eleven Thousand One Hundred Ninety-Two and No/100 Dollars ($211,192.00), in the form of a reimbursement to the Developer upon the completion of the Parkland Improvements and the City Acceptance Date. (3) Notwithstanding Section 4(b)(1) above, the Park Development Fee Credit authorized by this Agreement shall expire on December 31 in the tenth year after the Effective Date. SECTION 5 EFFECTIVE DATE The "Effective Date" of this Agreement is the date that the last of the Parties' signatures to this Agreement is fully and properly affixed to this Agreement and acknowledged by a public notary. The City's duties and obligations hereunder shall not arise unless and until all Parties have duly executed this Agreement. The Developer’s Obligations shall not be effective until the date upon which Developer acquires fee simple title to the Apartment Property and the Parkland Property. For the avoidance of doubt, Developer is under no obligation to conduct the closing on either the Apartment Property or the Parkland Property. Therefore, in addition to the foregoing, in the event the Developer elects not to proceed with the closing contemplated, this Agreement shall automatically terminate and the Parties shall have no further rights or obligations hereunder. SECTION 6 TERMINATION This Agreement and all obligations of the Parties hereto, shall terminate upon full performance of the terms of this Agreement. SECTION 7 SUCCESSORS AND ASSIGNS (a) All obligations and covenants under this Agreement shall bind Developer and its successors and assigns. Park Development Fee Credit Agreement- Page 7 4856-8208-6856, v. 9 (b) Except for future owners of all or a portion of the Property, this Agreement shall not be assignable by Developer without the prior written consent of the City, which the City will not unreasonably withhold, condition, or delay. SECTION 8 MISCELLANEOUS PROVISIONS (a) Authority to execute contract. The undersigned officers and/or agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto, and each Party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. (b) Notice. All notices, demands or other communications required or provided hereunder shall be in writing and shall be deemed to have been given on the earlier to occur of actual receipt or three (3) days after the same are given by hand delivery or deposited in the United States mail, certified or registered, postage prepaid, return receipt requested, addressed to the Parties at the addresses set forth below or at such other addresses as such Parties may designate by written notice to the other Parties in accordance with this notice provision. If to the City: City of Anna Attn: Ryan, Henderson, City Manager 120 W. 7th Street Anna, TX 75409 Email: rhenderson@annatexas.gov If to Developer: Meryl Street LP c/o The NRP Group LLC Attn: Noam Magence, General Counsel 1228 Euclid Avenue, 4th Floor Cleveland, Ohio 44115 Phone: (216) 584-0660 Email: Legal_Land_Notices@nrpgroup.com (c) Complete Agreement. This Agreement embodies the entire Agreement between the Parties and cannot be varied or terminated except as set forth in this Agreement, or by written agreement of all Parties expressly amending the terms of this Agreement. (d) Applicable Law and Venue. This Agreement shall be performable and all compensation payable in Collin County, Texas. Venue and exclusive jurisdiction under this Agreement lies in a court of competent jurisdiction in Collin County, Texas. (e) Severability. If any clause, paragraph, section or portion of this Agreement shall be found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement shall remain in full force and effect and the unlawful provision shall be replaced with a provision as similar in terms and effect to such unlawful provision as may be valid, legal and enforceable. Park Development Fee Credit Agreement- Page 8 4856-8208-6856, v. 9 (f) Representation. Each signatory representing this Agreement has been read by the party for which this Agreement is executed and that such Party has had an opportunity to confer with its counsel. (g) Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. (h) Waiver. Waiver by any Party or any breach of this Agreement, or the failure of any Party to enforce any of the provisions of this Agreement, at any time shall not in any way affect, limit or waive such Party's right thereafter to enforce and compel strict compliance of the Agreement. (i) Miscellaneous Drafting Provisions. This Agreement was drafted equally by the Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. Headings in this Agreement are for the convenience of the Parties and are not intended to be used in construing this document. (j) No Other Beneficiaries. This Agreement is for the sole and exclusive benefit of the Parties hereto and is not intended to and shall not confer any rights or benefits on any third party not a signatory hereto. (k) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. (l) No Waiver of Development Ordinances. No waiver of any provision of this Agreement will be deemed to constitute a waiver of any other provision or any other agreement among the Parties. No waiver of any provision of this Agreement will be deemed to constitute a continuing waiver unless expressly provided for by written amendment to this Agreement; nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent defaults of the same type. Nothing herein shall waive any obligations of Developer under applicable City Regulations. [SIGNATURE PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Park Development Fee Reimbursement Agreement – Signature Page 4856-8208-6856, v. 9 CITY: CITY OF ANNA By: Ryan Henderson, City Manager IN WITNESS WHEREOF: STATE OF TEXAS § § COUNTY OF COLLIN § Before me, the undersigned notary public, on the ______ day of ___________, 2024, personally appeared _____________, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as City Manager of the City of Anna, Texas. Notary Public, State of Texas (SEAL) Park Development Fee Reimbursement Agreement – Signature Page 4856-8208-6856, v. 9 ATTACHMENTS Exhibit A - The Apartment Property (legal description and survey) Exhibit B – The Parkland Property (legal description and survey) Exhibit C - Parkland Improvements Exhibit D – Cost Estimate (including design and construction) Exhibit E – Special Warranty Deed (dedicating the Parkland Property to the City) Park Development Fee Credit Agreement – Exhibit A 4856-8208-6856, v. 9 EXHIBIT A The Apartment Property Being Lot 8, Block A of ANNA RETAIL ADDITION, an Addition to the City of Anna, Texas, according to the Plat thereof recorded in Volume 2022, Page 471, Plat Records, Collin County, Texas. [see attached survey] Park Development Fee Credit Agreement – Exhibit A 4856-8208-6856, v. 9 EXHIBIT B The Parkland Property Being Lot 1, Block B of ANNA RETAIL ADDITION, an Addition to the City of Anna, Texas, according to the Plat thereof recorded in Volume 2022, Page 471, Plat Records, Collin County, Texas. [see attached survey] Park Development Fee Credit Agreement – Exhibit A 4856-8208-6856, v. 9 EXHIBIT C Parkland Improvements PROVIDE UPDATED INFORMATION Park Development Fee Credit Agreement – Exhibit A 4856-8208-6856, v. 9 EXHIBIT D Developer’s Design and Construction Costs PROVIDE UPDATED INFORMATION Park Development Fee Credit Agreement – Exhibit A 4864-6051-5573, v. 1 EXHIBIT E Special Warranty Deed Form Dedication Deed NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER. DEDICATION DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN § That APFC ANNA APARTMENTS SLP, LLC, a Texas limited liability company wholly owned by the Anna Public Facility Corporation, whose address is 111 N. Powell Parkway, Anna, Texas 75049 (“Grantor”), as a dedication, donation and gift to the CITY OF ANNA, a Texas home rule municipality (herein referred to as "Grantee"), whose address is Attn: _________________________________, Anna, Texas ______, has DEDICATED and CONVEYED, and by theses presents does hereby DEDICATE and CONVEY unto Grantee for public use, a certain 2.5 acre tract of land located in Collin County, Texas, the following described property, effective as of the date hereof (“Property”): Being Lot 1, Block B of ANNA RETAIL ADDITION, an Addition to the City of Anna, Texas, according to the plat thereof recorded in Volume 2022, Page 471, Plat Records, Collin County, Texas. The Property is being conveyed under this Dedication Deed (the “Deed”) to Grantee to be used for the sole purpose of a public park (the “Public Use”), and, by Grantee’s execution and acceptance of delviery of this Deed and conveyance, Grantee hereby acknowledges and agrees that the Property (and the acreage therein) shall not be used for a use other than the Public Use and shall be credited by Grantee, as the City of Anna, Texas, to Grantee’s requirments for open space and park land dedication (the “Park Requirements”) under the City of Anna Ordinance No. ________, for the benefit of Grantor, and relating the parkland improvement fee credits which shall be issued by Grantee to Grantor for the same (the “Parkland Improvements Fee Credits”). The conveyance of the Property under this Deed shall be subject to all exceptions to title and other matters of record as of the date hereof or matters that would be disclosed by a current survey of the Property (the "Permitted Exceptions"). TO HAVE AND TO HOLD the above-described Property, subject to the Permitted Exceptions, together with all and singular the rights and appurtenances thereto in any wise belonging to Grantor, unto the said Grantee, its successors and assigns forever, without express or implied warranty. All warranties that might arise by common law as well as the warranties in section 5.023 of the Texas Property Code (or its successor) are excluded. [SIGNATURE PAGE FOLLOWS] Park Development Fee Credit Agreement – Exhibit A 4864-6051-5573, v. 1 EXECUTED effective the ____ day of ______________, 2024. GRANTOR: APFC ANNA APARTMENTS SLP, LLC a Texas limited liability company By: Name: Title: STATE OF TEXAS § § COUNTY OF COLLIN § This instrument was acknowledged before me on this ____ day of __________, 2024, by ____________________, the _____________________ of APFC Anna Apartments SLP, LLC, a Texas limited liability company, wholly owned by the Anna Public Facility Corporation, on behalf of said corporation. Notary Public, State of Printed Name: Notary I.D. No.: My Commission Expires: AFTER RECORDING RETURN TO: Cohen Rabinowitz PLLC One International Centre 100 NE Loop 410, Suite 610 San Antonio, TX 78216 Attn: Andrew S. Cohen, Esq. Park Development Fee Credit Agreement – Exhibit A 4864-6051-5573, v. 1 GRANTEE: CITY OF ANNA, TEXAS a Texas municipal corporation By: Name: Title: STATE OF TEXAS § § COUNTY OF COLLIN § This instrument was acknowledged before me on this ____ day of __________, 2024, by ____________________________, the City Manager of the City of Anna, Texas, a Texas municipal corporation. Notary Public in and for the State of Texas Printed Name: My Commission Expires: Item No. 5.g. City Council Agenda Staff Report Meeting Date: 11/12/2024 Staff Contact: Wes Lawson AGENDA ITEM: Approve a Resolution authorizing the City Manager to execute an Impact Fee Reimbursement Agreement with Meryl Street, LP. (City Engineer Wes Lawson, P.E.) SUMMARY: This item is for the approval of an Impact Fee Reimbursement agreement with Meryl Street, LP. Meryl Street, LP is proposing to construct a portion of Buddy Hayes Boulevard and a segment of public water main adjacent to their development project. FINANCIAL IMPACT: The funds to be reimbursed will come from impact fees paid by developers seeking to build in the area, including Meryl Street, LP, and will relieve the City the cost of constructing the improvements. BACKGROUND: Buddy Hayes Boulevard is listed in the City of Anna Master Thoroughfare Plan as a Minor Arterial road, and is subject to roadway impact fee reimbursement. The Developer is also proposing to construct a portion of an oversize 12" water main as shown on the City of Anna Water Master Plan. Both projects are eligible for impact fee reimbursement upon completion. The impact fees reimbursed will come from the development of the projects within the commercial corridor. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Anna Master Thoroughfare Plan 2. City of Anna - Water Master Plan 3. Impact Fee Reimbursement Agreement - NRP - Anna, TX - Signed by NRP Reference the Anna 2050 Comprehensive Plan for detailed street sections [Ú [Ú [Ú ³±UT ³±UT ³±UT ³±UT ³±UT ³±UT ³±UT ³±UT 12''12''24''16' ' 12''12''12''12''12'' 36''12''20' ' 20'' 12''16''12''12''16''12''24''12''24 ' ' 1 2 ' ' 48'' 12''12''12''12''12''16'' 24'' 1 2 ' '16''16''12''12''16'' 24''12''12''12''24'' 12''24''16''16''12''20''12'' 2 4 ' ' 24' ' 16''12''12''12''24'' 16''24''12''12''30''16'' 12''16''30''12''12''12''36'' 12'' 24' '12''12' '12''16'' 12'' 20''20''16'' 16''12''24''12''12''12''12''12''12''20''12''12''12'' 12''12''16''24''12''12''12''16''36'' 12''24''12''12''12'' 24''12''12''12''12''36''12''12''12''12''16''12''12''12'' 12 ' '24''30''12''18''24''16''12''12''16''16''12''24''12'' 36'' 12''12''18''12'' 24''16'' 12''16'' 24'' 12''16''24'' 12'' 12'' 12'' 24'' 12''12''24'' 12''48''16''12''12''24''16''24''16''20''12'' 12'' 12''12''12''24''12''1 2 ' ' 36''12'' 12''12''12'' 12''12''36''12''16''12''12'' 12''30''24''30''12'' 12''12''12'' 30''12''16''12''12''1 6 ' ' 16''12''12''12''20'' 12'' 24'' 16''20''48''12''12''12''16''18''12'' 1 6 ' ' 12'' 12'' 12''12''20''12''16''12''20''16''16'' 24''12'' 24'' 30''30''12''16'' 20'' 36''12''12''12''16''16''16''12''20''36''12' '12''12''12''12' '12''12''12''12'' 12''12''12''16''12''12''12''12''12''12''12''16'' 12'' 16'' 24'' 20 ' '16''24'' 12''16''12''12''36''16'' 20''12''24''12''12''16'' 12''12''2'' 8'' 2' '2''12''12''8'' 6''8'' 12'' 12'' 12''8''10''8''12''16''8''12'' 12''2'' 8''8''6''6'' 8'' 12'' 1.5' ' 8'' 8'' 2''12''8'' 8'' 8''8''2'' 1''8''8''8''8''8''3'' 2''8''2'' 8''8''8'' 1''12''8''8''8'' 12''4''12''6''8''1''8''8''6'' 12'' 8''12''2''8''8''2'' 8'' 8'' 4'' 8''4''8''8'' 12''6''8'' 8''12''8''8''8''14''6'' 12'' 8''8''12''8''10''2''12'' 12''2''8''12'' 8'' 10''8'' 4''8''8''12''8''10'' 8''8''2''2''8'' 1'' 2''8' ' 8'' 6''8''8''8'' 12'' 6''12''12''2'' 8'' 8'' 8''8''8''1.5''10' '8''8''8''8'' 6''6''2'' 8''8''12'' 8''12''8''8''2''8''2''6''6''8''6''8''2''2''2''2''12''12''12''8''12''12''12''8''8'' 2''8'' 14'' 1.5'' 2'' 8'' 8''12''6''2'' 1.5''6''2''12''6''8'' 8'' 6'' 8''3''8''8''6'' 2''6''6''8'' 2''6''6''8''8''10''14'' 6'' 2''2''8''12''8'' 8''1.5''8'' 12''12''8''12'' 8'' 8'' 6''6''2''8''8''2''6''12''8''2''12'' 8''8''8''8''6'' 2' '8''12'' 12'' 3''12''12''18''12'' 8''6''12''6''8''2''8''14''6''3'' 12'' 8'' 8''6''3''12''2''8''8''12''8''2''6''8''2''2''2''12''8'' 3'' 2''8''8''3''14''8''18''6''8''2'' 12''2' '8'' 6'' 2'' 12'' 6''2''8''1.5''6''2''6'' 4''6''18''12''2''12''2''8''8''6''2''4''6''8''8' ' 6'' 8'' 12''6''12''8''12''16''8''2''2''2''2''2''6''8''4''2''12''12''6''12''12'' 2''12'' 12'' 16''8''8''2''2''6''2''12'' 16 ' '12''8''18''16''4'' 2''6''12''3''12'' 8'' 8' ' 1 2 ' '12''12''18''12''2''4''8''2''12'' 6'' 12''COUNTY ROAD 511FM 2862 COUNTYROAD 480FM 455 COUNTYROAD370 COUNTYROAD371 OUTER LOOP FM 2862COUNTY ROAD 286 §¨¦75 ¬«121")455 ")455 ¬«5 8''8''8''8''8''8''8''8''8''8''8'' 8''8''8''8''8''8''8''8'' 8''8''8''8''8''8'' 8''8''8'' 8'' 8''8''8'' 8'' 8'' 8'' HACKBERRY EST 1.00 MG EST T-02 2.00 MG EST T-04 2.00 MG EST T-03 2.00 MG EST T-05 2.00 MG EST T-06 2.00 MG EST T-07 2.00 MG EST T-01 2.00 MG EST CITY OF ANNA WATER MASTER PLAN FIGURE WMP Kimley-Horn and Associates, Inc.File Path: K:\MKN_Civil\City of Anna - Master Data\GIS\Anna_Water Master Plan\Anna_Water Master Plan.aprxLast Saved: 3/23/2022 1:58 PMI 0 4,0002,000 Feet ³±UT Existing Elevated Tank ³±UT Future Elevated Tank [Ú Future Pump Station Existing 24" GTUA Water Pipe Existing Water Pipe Minimum 8" Upgrades Future Water Pipe Floodplain Planning Boundary Sherley Pump Station (1) - 3 MG GST (2) - 3,450 GPM Pumps Colin Pump Station (1) - 4 MG GST (1) - 3,450 GPM Pumps (1) - 1.5 MG GST (1) - 2,733 GPM Pump Existing Ground Tank & Pump Proposed Ground Tank & Pump (1) - 1,000 GPM Pump Phase 1: Phase 2: (1) - 4 MG GST (1) - 3,450 GPM Pumps (1) - 2,733 GPM Pump Phase 1: (1) - 3 MG GST (2) - 3,450 GPM Pumps (1) - 3 MG GST (1) - 3,450 GPM Pumps Phase 2: Phase 3: Grayson Pump Station Phase 1: (2) - 5,000 gpm Pumps (1) - 4 MG GST Phase 2: (3) - 5,000 gpm Pumps (2) - 4 MG GST Roadway Impact Fee Reimbursement Agreement – Page 1 ROADWAY AND WATER IMPACT FEE REIMBURSEMENT AGREEMENT This Roadway and Water Impact Fee Reimbursement Agreement (this "Agreement") is entered into by and between the City of Anna, Texas (the "City") and Meryl Street LP, a Delaware limited partnership (the "Developer"). WHEREAS, Developer and the City are sometimes collectively referenced in this Agreement as the "Parties," or, each individually, as "Party"; and WHEREAS, it is the Parties' mutual intent that this Agreement shall govern only the terms and conditions for Reimbursement as set forth herein and that this Agreement shall supersede any previous agreement between the Parties regarding the same; and WHEREAS, Developer desires to develop certain real property in Collin County, Texas, composed of approximately 15.401 acres of land located entirely within the corporate limits of the City of Anna, more particularly described in the attached Exhibit A and identified therein as "Tract 1" and "Tract 2" (collectively, the "Property"); and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows: SECTION 1 RECITALS INCORPORATED The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties' intent under this Agreement and said recitals constitute representations by the Parties. SECTION 2 DEFINITIONS Alternate Impact Fee Reimbursement Area means the alternate land area from which the City of Anna may receive Roadway Impact Fees and Water Impact Fees for new development which shall be used to provide reimbursement to the Developer in accordance with the Total Roadway Reimbursement Amount and the Total Water Reimbursement Amount, as shown in Exhibit B. The Alternate Impact Fee Reimbursement Area shall apply if the developer of Anna Retail Addition does not commence construction of the Offsite Roadway Project prior the commencement of the construction of the Offsite Roadway Project by Developer. City Acceptance Date has the meaning ascribed to that term in Section 3(a). City Code means the Anna City Code of Ordinances. City Manager means the current or acting City Manager of the City of Anna or a person designated to act on behalf of the City Manager with respect to this Agreement if the designation is in writing and signed by the current or acting City Manager. City Regulations mean City Code provisions, ordinances, design standards, and uniform codes, duly adopted by the City. Impact Fee Reimbursement Agreement- Page 2 4870-8982-0899, v. 5 Developer’s Design and Construction Cost, with respect to the Roadway Project and the Water Project, means: the dollar amount actually paid by or on behalf of Developer for the engineering, design, land surveying, and construction of the Roadway Project and the Water Project, which shall generally include, but not be limited to, the items listed in the cost breakdown attached hereto as Exhibit E. City inspection fees shall not be included in Developer’s Design and Construction Cost. Impact Fee Reimbursement Area means the land area from which the City of Anna may receive Roadway Impact Fees and Water Impact Fees for new development which shall be used to provide reimbursement to the Developer in accordance with the Total Roadway Reimbursement Amount and the Total Water Reimbursement Amount, as shown in Exhibit B attached hereto. The portion of Exhibit B labeled "Impact Fee Reimbursement Area" shall constitute the Impact Fee Reimbursement Area if the developer of Anna Retail Addition commences construction of the Offsite Roadway Project prior the commencement of the construction of the Offsite Roadway Project by Developer. The Alternate Impact Fee Reimbursement Area shall constitute the Impact Fee Reimbursement Area if the developer of Anna Retail Addition does not commence construction of the Offsite Roadway Project prior the commencement of the construction of the Offsite Roadway Project by Developer. Reimbursement means the payment by the City to Developer of Roadway Impact Fees and Water Impact Fees pursuant to Section 4(b)(1) and Section 5(b)(1) hereof. Roadway Impact Fee means the roadway impact fees assessed on property with new development in the Impact Fee Reimbursement Area that are collected to fund roadway capital improvements identified on the City's Capital Improvement Plan. Roadway Improvements means design, surveying, testing, right of way preparation, paving excavation, construction of concrete paving, storm drainage, curbs, signage, roadway transitions, turn lanes, pavement markings, sidewalks, irrigation, landscaping, lighting and any other improvements necessary for a complete roadway system for the Roadway Project in accordance with the City of Anna Engineering Design Standards as of the Effective Date. Roadway Project means the design and construction of an approximately 800 linear feet of Buddy Hayes Boulevard as a 4-lane, undivided roadway, from a point approximately 1,220 feet south of FM 455 to the northern boundary of the NexMetro Tract and the HPC Tract corner of the Property, more particularly depicted and described in Exhibit C-1, attached hereto, together with all necessary appurtenances, and in accordance with construction plan(s) approved by the City, which approval shall not be unreasonably withheld, conditioned or delayed (the "Roadway Project"). Total Roadway Reimbursement Amount, with respect to the Roadway Project, means a dollar amount equal to the lesser of the Developer’s Design and Construction Cost or the total amount of Roadway Impact Fees collected from the Impact Fee Reimbursement Area by the City. Total Water Reimbursement Amount, with respect to the Water Project, means a dollar amount equal to the lesser of the Developer’s Design and Construction Cost of the Water Improvements or the total amount of Water Impact Fees collected from the Impact Fee Reimbursement Area by the City. Impact Fee Reimbursement Agreement- Page 3 4870-8982-0899, v. 5 Water Impact Fee means the water impact fees assessed on property with new development in the Impact Fee Reimbursement Area that are collected to fund water capital improvements identified on the City's Capital Improvement Plan. Water Improvements means the design, surveying, testing, and installation of approximately ________ feet of a 12-inch PVC water main, including valves, hydrants, appurtenances, and connection to the existing City public water system in accordance with the City of Anna Engineering Design Standards as of the Effective Date, and any other improvements necessary for a complete public water system for the Water Project. Water Project means the design and construction of the Water Improvements generally described and depicted in Exhibit D, attached hereto, and in accordance with construction plan(s) approved by the City, which approval shall not be unreasonably withheld, conditioned or delayed. SECTION 3 GENERAL PROVISIONS (a) Documentation of Actual Amount Paid. Once Developer fully completes the Roadway Project and the Water Project in accordance with this Agreement, Developer shall provide the City Manager with documentation reasonably acceptable to the City Manager evidencing Developer’s Design and Construction Cost. The City Manager shall review the documentation provided and shall approve or deny in writing Developer’s Design and Construction Cost within fifteen (15) days of receipt thereof (which approval shall not be unreasonably withheld or denied). If the City Manager takes no action within such fifteen (15)-day period, the documentation and Developer’s Design and Construction Cost shall be deemed approved. If the City Manager shall deny Developer’s Design and Construction Cost, then (i) such denial shall be accompanied by a reasonably detailed written explanation of the reasons for such denial, the items and amounts approved or not objected to by the City Manager and the additional information, documents or actions needed for the City Manager to approve Developer’s Design and Construction Cost; (ii) Developer and City Manager will exercise good faith efforts to resolve any disputes related to the Developer’s Design and Construction Cost; and (iii) Developer may submit to the City Manager revised and/or additional documentation for Developer’s Design and Construction Cost, which revised documentation shall be approved or denied by the City Manager pursuant to the procedures set forth above in this Section 3(a). Upon approval (or deemed approval) of Developer’s Design and Construction Cost, the City shall issue a written acceptance letter to Developer, which shall signify final acceptance by the City of the Roadway Project and the Water Project (referred to as the "City Acceptance Date"). (b) Approval of Plats/Plans. Approval by the City, the City's engineer or other City employee or representative of any plans, designs or specifications submitted by Developer pursuant to this Agreement or pursuant to City Regulations shall not constitute or be deemed to be a release of the responsibility and liability of Developer, its engineer, employees, officers or agents for the accuracy and competency of their design and specifications. Further, any such approvals shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by Developer's engineer, its officers, agents, servants or employees, it being the intent of the Parties that approval by the City's engineer signifies the City's approval on only the general design concept of the improvements Impact Fee Reimbursement Agreement- Page 4 4870-8982-0899, v. 5 to be constructed and that the design plans and specifications meet the requirements of the City Regulations. (c)Insurance. Developer or its contractor(s) shall acquire and maintain, during the period of time when the Roadway Project is under design: (a) workers compensation insurance in the amount required by law; and (b) commercial general liability insurance including personal injury liability, premises operations liability, and contractual liability, covering, but not limited to, the liability assumed under any indemnification provisions of this Agreement, with limits of liability for bodily injury, death and property damage of not less than $1,000,000.00. Such insurance shall also cover any and all claims typically covered under a workers compensation insurance or general liability insurance policy which might arise out of the Roadway Project design contracts, whether by Developer, a contractor, subcontractor, engineer, materialman, or otherwise. Coverage must be on a "per occurrence" basis. All such insurance shall: (i) be issued by a carrier which is rated "A-1" or better by A.M. Best's Key Rating Guide and licensed to do business in the State of Texas; and (ii) name the City as an additional insured and contain a waiver of subrogation endorsement in favor of the City. Upon the execution of design contracts, Developer shall provide to the City certificates of insurance evidencing such insurance coverage together with the declaration of such policies, along with the endorsement naming the City as an additional insured. Each such policy shall provide that, at least 30 days prior to the cancellation, non-renewal or modification of the same, the City shall receive written notice of such cancellation, non-renewal or modification. (d)Indemnification and Hold Harmless. DEVELOPER COVENANTS AND AGREES TO INDEMNIFY AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING, WITHOUT LIMITATION, DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND RELATED EXPENSES, EXPERT WITNESS FEES AND RELATED EXPENSES AND OTHER CONSULTANT FEES AND RELATED EXPENSES, IN EACH CASE UP TO A REASONABLE AMOUNT) ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE NEGLIGENT OR OTHERWISE WRONGFUL ACTS OR OMISSIONS OF DEVELOPER, ITS AGENTS, SERVANTS, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN OR EMPLOYEES IN CONNECTION WITH THE DESIGN OF THE ROADWAY PROJECT, INCLUDING BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT, SUCH INDEMNITY TO INDEMNIFY, HOLD HARMLESS AND DEFEND TO THE FULLEST EXTENT REQUIRED UNDER THIS AGREEMENT SHALL SURVIVE THE TERM OF THIS AGREEMENT. IF THE ROADWAY PROJECT IS CONSTRUCTED BY DEVELOPER AT NO TIME SHALL THE CITY HAVE ANY CONTROL OVER OR CHARGE OF THE DESIGN OF THE ROADWAY PROJECT BY DEVELOPER AND THE SUBJECT OF THIS AGREEMENT, NOR THE MEANS, METHODS, TECHNIQUES, SEQUENCES OR PROCEDURES UTILIZED FOR SAID DESIGN. THIS AGREEMENT DOES NOT CREATE A JOINT ENTERPRISE BETWEEN Impact Fee Reimbursement Agreement- Page 5 4870-8982-0899, v. 5 THE CITY AND DEVELOPER. DEVELOPER FURTHER COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL CLAIMS OR SUITS, BY ANY PERSON CLAIMING AN INTEREST IN THE PROPERTY OWNED BY DEVELOPER WHO HAS NOT SIGNED THIS AGREEMENT AND WHICH CLAIMS: (1) ARISE IN ANY WAY FROM THE CITY'S RELIANCE UPON DEVELOPER'S REPRESENTATIONS IN THIS AGREEMENT; OR (2) RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH DEVELOPER’S OBLIGATIONS UNDER THIS AGREEMENT. NOTWITHSTANDING THIS PROVISION OR ANY OTHER PROVISION OF THIS AGREEMENT, DEVELOPER SHALL NOT BE OBLIGATED TO INDEMNIFY, DEFEND, OR HOLD THE CITY HARMLESS FOR THE CITY'S OWN NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THIS INDEMNIFICATION AND HOLD HARMLESS PROVISION SHALL ONLY APPLY TO DEVELOPER IF DEVELOPER CONSTRUCTS THE WATER PROJECT AND/OR ROADWAY PROJECT. SECTION 4 ROADWAY PROJECT (a) Developer Obligations. As a condition to receipt of the impact fee reimbursement set forth herein, Developer agrees to design and construct the Roadway Improvements. Developer agrees to commence design of the Roadway Project within 60 days of execution of this agreement. (b) City Obligations (1) In accordance with City Regulations and state law, the City shall promptly pay to Developer from time to time all Roadway Impact Fees the City actually collects from any property within the Impact Fee Reimbursement Area in an amount not to exceed the Total Roadway Reimbursement Amount. (2) Notwithstanding the foregoing or any other provision of this Agreement, the Roadway Reimbursement Amount otherwise required to be reimbursed under this Agreement shall not be payable to the Developer unless and until the City has fully discharged its obligations to provide roadway impact fee reimbursements to the extent required under separate agreement approved in the City of Anna Resolution 2023-12-1581. (3) Notwithstanding Section 4(b)(1) above, the Reimbursement authorized by this Agreement shall expire on December 31 in the tenth year after the City Acceptance Date. SECTION 5 WATER PROJECT (a) Developer Obligations. Impact Fee Reimbursement Agreement- Page 6 4870-8982-0899, v. 5 As a condition to receipt of the impact fee reimbursement set forth herein, Developer agrees to design and construct the Water Improvements. Developer agrees to commence design of the Water Project within 60 days of execution of this agreement. (b) City Obligations (1) In accordance with City Regulations and state law, the City shall promptly pay to Developer from time to time all Water Impact Fees the City actually collects from any property within the Impact Fee Reimbursement Area in an amount not to exceed the Total Water Reimbursement Amount. (2) Notwithstanding Section 5(b)(1) above, the Reimbursement authorized by this Agreement shall expire on December 31 in the tenth year after the City Acceptance Date. SECTION 6 EFFECTIVE DATE The "Effective Date" of this Agreement is the date that the last of the Parties' signatures to this Agreement is fully and properly affixed to this Agreement and acknowledged by a public notary. The City's duties and obligations hereunder shall not arise unless and until all Parties have duly executed this Agreement. Further, notwithstanding anything herein to the contrary, this Agreement shall not be effective until such time as Developer acquires title to any portion of the Property. SECTION 7 TERMINATION Except as expressly set forth to the contrary, this Agreement and all obligations of the Parties hereto, shall terminate upon full performance of the terms of this Agreement. SECTION 8 SUCCESSORS AND ASSIGNS (a) All obligations and covenants under this Agreement shall bind Developer and its successors and assigns. (b) Except for future owners of all or a portion of the Property, this Agreement shall not be assignable by Developer without the prior written consent of the City. SECTION 9 MISCELLANEOUS PROVISIONS (a) Authority to execute contract. The undersigned officers and/or agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the Parties hereto, and each Party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. (b) Notice. All notices, demands or other communications required or provided hereunder shall be in writing and shall be deemed to have been given on the earlier to occur of actual receipt or three (3) days after the same are given by hand delivery or deposited in the United States mail, certified or registered, postage prepaid, return receipt requested, addressed to the Parties Impact Fee Reimbursement Agreement- Page 7 4870-8982-0899, v. 5 at the addresses set forth below or at such other addresses as such Parties may designate by written notice to the other Parties in accordance with this notice provision. If to the City: City of Anna Attn: City Manager 120 W. 7th Street Anna, TX 75409 If to Developer: Meryl Street LP c/o The NRP Group 1228 Euclid Avenue, 4th Floor Cleveland, OH 44115 Attn: Noam Magence, General Counsel E-mail: nmagence@nrpgroup.com and legal@nrpgroup.com With a copy to: c/o The NRP Group LLC 6565 North MacArthur Blvd., Suite 450 Irving, Texas 75039 Attn: Alena Savera E-Mail: asavera@nrpgroup.com (c) Complete Agreement. This Agreement embodies the entire Agreement between the Parties regarding the terms and conditions for Reimbursement as set forth herein and cannot be varied or terminated except as set forth in this Agreement, or by written agreement of all Parties expressly amending the terms of this Agreement. (d) Applicable Law and Venue. This Agreement shall be performable and all compensation payable in Collin County, Texas. Venue and exclusive jurisdiction under this Agreement lies in a court of competent jurisdiction in Collin County, Texas. (e) Severability. If any clause, paragraph, section or portion of this Agreement shall be found to be illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement shall remain in full force and effect and the unlawful provision shall be replaced with a provision as similar in terms and effect to such unlawful provision as may be valid, legal and enforceable. (f) Representation. Each signatory representing this Agreement has been read by the party for which this Agreement is executed and that such Party has had an opportunity to confer with its counsel. (g) Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. (h) Waiver. Waiver by any Party or any breach of this Agreement, or the failure of any Party to enforce any of the provisions of this Agreement, at any time shall not in any way affect, limit Impact Fee Reimbursement Agreement- Page 8 4870-8982-0899, v. 5 or waive such Party's right thereafter to enforce and compel strict compliance of the Agreement. (i) Miscellaneous Drafting Provisions. This Agreement was drafted equally by the Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. Headings in this Agreement are for the convenience of the Parties and are not intended to be used in construing this document. (j) No Other Beneficiaries. This Agreement is for the sole and exclusive benefit of the Parties hereto and is not intended to and shall not confer any rights or benefits on any third party not a signatory hereto. (k) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. (l) No Waiver of Development Ordinances. No waiver of any provision of this Agreement will be deemed to constitute a waiver of any other provision or any other agreement among the Parties. No waiver of any provision of this Agreement will be deemed to constitute a continuing waiver unless expressly provided for by written amendment to this Agreement; nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent defaults of the same type. Nothing herein shall waive any obligations of Developer under applicable City Regulations. [SIGNATURE PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Impact Fee Reimbursement Agreement – Signature Page 4870-8982-0899, v. 5 CITY OF ANNA By: __________________________, City Manager IN WITNESS WHEREOF: STATE OF TEXAS § § COUNTY OF COLLIN § Before me, the undersigned notary public, on the ______ day of ___________, 2024, personally appeared _____________, known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as Interim City Manager of the City of Anna, Texas. Notary Public, State of Texas (SEAL) Impact Fee Reimbursement Agreement – Signature Page 4870-8982-0899, v. 5 ATTACHMENTS Exhibit A - The Property (legal description and drawing) Exhibit B – Impact Fee Reimbursement Area Exhibit C –Roadway Project Exhibit D – Water Project Exhibit E – Cost Estimate (including design and construction) Impact Fee Reimbursement Agreement – Exhibit A 4870-8982-0899, v. 5 EXHIBIT A The Property TRACT 1: Being Lot 8, Block A of ANNA RETAIL ADDITION, an Addition to the City of Anna, Texas, according to the plat thereof recorded in Volume 2022, Page 471, Plat Records, Collin County, Texas. TRACT 2: Being Lot 1, Block B of ANNA RETAIL ADDITION, an Addition to the City of Anna, Texas, according to the plat thereof recorded in Volume 2022, Page 471, Plat Records, Collin County, Texas. Impact Fee Reimbursement Agreement – Exhibit B 4870-8982-0899, v. 5 EXHIBIT B Impact Fee Reimbursement Area *Notes: 1. Impact Fee Reimbursement Area shown based upon Collin County Appraisal District Records for land ownership and acreage. The boundaries of the Property and the Impact Fee Reimbursement Area shall be the same as those shown on the plat of the Property once recorded in the real property records of Collin County, Texas. Impact Fee Reimbursement Agreement – Exhibit B 4870-8982-0899, v. 5 a. NexMetro: Lot 1, Block C, Gateway at Buddy Hayes, an addition to the City of Anna, Texas, according to the Map or Plat recorded in Plat Book 2023, Pages 401-402, Plat Records of Collin County, Texas. b. Caalms: Lot 1, Block A, Gateway at Buddy Hayes, an addition to the City of Anna, Texas, according to the Map or Plat recorded in Plat Book 2023, Pages 401-402, Plat Records of Collin County, Texas. Lot 1, Block B, Gateway at Buddy Hayes, an addition to the City of Anna, Texas, according to the Map or Plat recorded in Plat Book 2023, Pages 401-402, Plat Records of Collin County, Texas. c. HPC: Lot 2, Block A, Gateway at Buddy Hayes, an addition to the City of Anna, Texas, according to the Map or Plat recorded in Plat Book 2023, Pages 401-402, Plat Records of Collin County, Texas. Impact Fee Reimbursement Agreement – Exhibit D 4870-8982-0899, v. 5 EXHIBIT C Roadway Project Impact Fee Reimbursement Agreement – Exhibit D 4870-8982-0899, v. 5 EXHIBIT D Water Project Impact Fee Reimbursement Agreement – Exhibit E 4870-8982-0899, v. 5 EXHIBIT E Breakdown of Costs Item No. 5.h. City Council Agenda Staff Report Meeting Date: 11/12/2024 Staff Contact: Steven Smith AGENDA ITEM: Approve a Resolution authorizing the purchase of a diesel generator for Fire Station Number 2. (Director of Public Works Steven Smith) SUMMARY: This item is to authorize the City Manager to execute a purchase order for the purchase of a permanent on-site generator for Fire Station 2. FINANCIAL IMPACT: Funding for the Fire Station Number 2 project (Furniture and Fixtures) was made available in the FY2024 Community Investment Program budget from the Infrastructure Investment Fund. The estimated cost of this generator is $75,070. The need to amend the FY2025 budget and utilize excess General Fund balance will be evaluated after the close of FY2024. BACKGROUND: Fire Station Number 2 opened earlier this year. The project design included accommodation for the concrete pad and pre-wiring necessary to maintain a permanent generator on-site. Currently, the Public Works Department has made available one of their portable generators to provide emergency backup power. Upgrading from a portable generator to a permanent generator will free up the portable generator for public works emergencies, and ensure that Fire Station Number 2 has consistently available emergency power. Staff worked with the vendor to obtain a co-operative quote and all purchases will be made in accordance with the City of Anna's Purchasing Policy. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Resolution and Quote - Generator Equipment 2. Proposal - City of Anna - 200REOZJF CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE ORDER WITH LOFTIN EQUIPMENT FOR THE PURCHASE OF A DIESEL GENERATOR FOR FIRE STATION NUMBER 2 IN THE AMOUNT NOT TO EXCEED SEVENTY-FIVE THOUSAND SEVENTY DOLLARS AND ZERO CENTS ($75,07.00). WHEREAS, the City of Anna recently opened Fire Station Number 2 on the west side of US 75; and, WHEREAS, the Fire Station Number 2 project included making the facility ready for the addition of a permanent generator; and, WHEREAS, the City of Anna obtained a quote for an appropriately sized generator for Fire Station Number 2 from Loftin Equipment through the Houston Galveston Area Council government purchasing cooperative contract GE02-20; and, WHEREAS, the purchase will be made in accordance with the City of Anna’s Purchasing Policy and Texas Local Government Code Chapter 252; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1.Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2.Authorization of Payment and Funding. That the City Council of the City of Anna hereby authorizes the City Manager to execute a purchase order for Loftin Equipment in an amount not to exceed $75,070.00. That the funding for the purchase shall come from the Fleet & Facilities budget in the General Fund for Fiscal Year 2024-2025. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___ day of November, 2024. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie Land Mayor, Pete Cain Exhibit A Revised Proposal - City of Anna - 200REOZJF Date: 9/16/2024 Page 1 of 3 Proposal City of Anna Project: City of Anna Date: September 16, 2024 Attn: Eric Botteron Proposal # L-27126710 Thank you for your request. We are pleased to provide the following proposal: MODEL DESCRIPTION QTY PRICE 200REOZJF KOHLER OUTDOOR DIESEL GENERATOR SET RATED 200 KW 1 UL 2200 listed generator set Standby Rated, 120/208v, 3 phase, 4 wire, 60 hz Electronic Isochronous Governor 50°c/122°f unit mounted radiator Controller, APM402 Microprocessor based with ±0.5% VR • Integral thermal overload protection • Remote annunciator panel - NFPA 110 • Remote E-stop switch • 2 input / 5 output programmable module for remote indication 800 amp main line circuit breaker, 80% rated, LSI Sound-attenuated enclosure with internal silencer 24 hour / 416 gallon UL142 listed subbase diesel tank with Dallas code package Engine jacket water heater - 120VAC Starting batteries, cables, and 10 amp float-equalize charger Standard factory tests at 0.8pf as detailed below Field startup and on-site test with full resistive load One Year system warranty TOTAL PRICE $ 75,070 .00 All pricing is FOB factory, freight prepaid and allowed to jobsite. Offloading and installation by others. Price does not include any federal, state, or local sales, use, property, TERP, or excise taxes that may be applicable. THIS PROPOSAL IS VALID FOR FIFTEEN (15) DAYS. Due to market volatility, orders placed or released beyond fifteen days from proposal date may require a revised proposal prior to order acceptance by Loftin Equipment Company. Proposed by: Brandy Bussey 817-689-7234 bbussey@loftinequip.com Loftin Equipment Company https://loftinequipment.sharepoint.com/sites/LoftinSales/Shared Documents/Dallas/2024/Industrial/Quotes/Anna Stationary - 200REOZJF/Revised Proposal - City of Anna - 200REOZJF.docx Date: 9/16/2024 Page 2 of 3 CURRENT ESTIMATED LEAD TIMES GENERATOR SET 22 - 24 weeks after approved submittals and written release for production. Lead time estimates provided above are the best estimate available at the time of proposal and should be verified prior to order release. Current component shortages are resulting in constantly shifting production schedules. Please be aware that we cannot guarantee ship dates. CLARIFICATIONS / EQUIPMENT NOTES 1. This proposal is based on your request and/or information you provided to us and is intended to provide a functional system. If changes are required to our bill of material, we will be happy to revise our proposal. 2. Manufacturer’s warranty period begins at time the equipment is initially started up by our service department. 3. Lugs for generator breakers and automatic transfer switches will be provided per submittal information furnished, and compliant with UL2200 and UL1008 approvals. Please review prior to equipment release. If the project requires lug changes from the factory offering it will be done by others and at their expense and is not included in our proposal. 4. Nominal generator rating shown above. Standard derates for altitude and temperature may apply per Kohler publication TIB-101. For additional information, please contact your Kohler representative. 5. Any fines, fees, or permits for the installation or operation of this equipment are the responsibility of the equipment owner and will not be paid for by Loftin Equipment. 6. Unless otherwise noted, the generator set uses integral isolation, and does not include steel spring isolators. 7. Protective relay calibration, settings, coordination study, 3rd party site testing, etc. are not part of this proposal unless specifically listed as included. 8. NETA acceptance testing, infrared scanning, harmonic content testing, insulation resistance testing, and/or ground fault testing is not included in our proposal and will need to be provided by others. Standard onsite testing at unity power factor will be provided CUSTOMER RESPONSIBILITIES (ELECTRICAL CONTRACTOR) – NOT PROVIDED BY LOFTIN EQUIPMENT 1. All equipment ships to customer designated site. No storage of equipment is provided by Loftin Equipment Company. Offloading and installation of the proposed equipment, as well as related crane fees, mechanical piping, plumbing, electrical conduit and electrical wiring is not included in this proposal. 2. Provide all required diesel fuel for initial fill and testing of equipment. Full tank is required for testing at startup. 3. Loftin Equipment will provide start up and commissioning of the above equipment. It is the electrical contractor responsibility to have the generator set installed, secured to the concrete pad, fueled, all electrical wiring and conduit installed and terminated and tested and utility power available prior to scheduling system start up. If items are found not to be completed after arrival to site, it is the responsibility of the electrical contractor to issue a new purchase order for the return trip need to complete start up and testing of the equipment. MISCELLANEOUS  Equipment, and/or labor, and/or various items proposed are in accordance with Loftin Equipment Company’s experienced interpretations of plans and specifications, within the limited time between request for bid and bid due date. Materials supplied under this proposal, which are commercially produced to typical industry standards, have been deemed in substantial compliance and therefore acceptable. Only the materials itemized on the above proposal will be supplied. Please verify all items, sizes and quantities listed on our proposal. Loftin Equipment Company is not responsible for omissions.  In the event that a proposal is not accepted in its entirety, we reserve the right to decline any part or all of the order.  Loftin Equipment Company’s prices do not include any federal, state, or local taxes, use tax, property tax, TERP tax, or excise taxes. If any such taxes are imposed, the seller will invoice them to the buyer as a separate item. In lieu of such taxes, the purchaser must provide with each order, a tax exemption certificate acceptable to the proper taxing authorities, unless such certificate is already on file with Loftin Equipment Company. Loftin Equipment reserves the rights to update any sales tax exemption certificate as deemed necessary pursuant to the taxing authorities.  It is the responsibility of the Contractor to notify Loftin Equipment at time of order of any specific time constraints involved in this project, and the specific impact of failure to meet that requirement. Lead times shown above are an estimate based on current production schedule and should be verified at time of order release. After an order has been placed with Kohler, an estimated ship date will be provided that is subject to change. Buyer will be notified if production schedule is altered and Loftin Equipment shall not be responsible for any ensuing liquidated damages, unless specifically agreed to in writing by an officer of Loftin Equipment Company.  All stenographic, typographic, or clerical errors are subject to correction.  THIS PROPOSAL IS VALID FOR FIFTEEN (15) DAYS. Due to market volatility, orders placed or released beyond fifteen (15) days from proposal date may require a revised proposal prior to order acceptance by Loftin Equipment Company. IMPORTANT PRICING NOTE: The quoted price for this equipment has been calculated based on the current prices for the component materials. However, the market for generators, fuel tanks, enclosures, transfer switches, and related components is currently volatile, and sudden price increases could occur. Loftin Equipment agrees to use its best efforts to obtain the lowest possible prices from available component suppliers, but should there be an increase in the prices of the component materials that are after the date of this proposal and prior to release for order, the Customer agrees to pay that cost increase to Loftin Equipment. If the customer chooses to cancel the order at that time, and there will be no penalty for cancellation. Once order has been released for production, normal cancellation policies (as stated elsewhere in this proposal) will apply. https://loftinequipment.sharepoint.com/sites/LoftinSales/Shared Documents/Dallas/2024/Industrial/Quotes/Anna Stationary - 200REOZJF/Revised Proposal - City of Anna - 200REOZJF.docx Date: 9/16/2024 Page 3 of 3 Accepted By: PRINT NAME TITLE Date: CANCELLATION OF ORDER  Upon acceptance by Loftin Equipment Company and written release of order by Customer, this order will be entered for production and will not thereafter be subject to cancellation or deferment of delivery without Loftin Equipment Company’s written consent. Any expense incurred by Loftin Equipment Company due to the cancellation of an order or the deferment of a delivery schedule will be billed to the purchaser and be immediately due and owing, together with any and all costs of cancellation, including attorney’s fees.  The following charges may be assessed for cancellation of any order: 1. 15% of total order price if cancelled after we have provided submittals and prior to releasing for manufacture. 2. 25% of total order price if cancelled after release to order. 3. 100% of total order price if the equipment is already on order with the factory and in the Kohler frozen schedule. 4. 100% of total order price if cancelled after the equipment has shipped from the manufacturing plant. PAYMENT TERMS: • All contracts will be reviewed for lien/bond rights prior to order of equipment. • Customers must have an open, approved account with net 30-day terms with Loftin Equipment. • Invoicing for equipment using custom third-party tanks and/or enclosures:  20% at release  40% progress billing of equipment shipping to 3rd party vendor  35% progress billing of equipment shipping to customer designated site  5% upon completion of startup • Invoicing for equipment shipping complete from Kohler factory:  20% at release  75% progress billing of equipment shipping to customer designated site  5% upon completion of startup • Invoices are due net 30 days from date of invoice. • Other payment terms (i.e. discounts, pay when paid, pay if paid, etc.) can only established by an Officer of Loftin Equipment and MUST be approved BEFORE placing the order. ALTERNATE PAYMENT TERMS FOR THOSE CUSTOMERS/JOBS THAT DID NOT QUALIFY FOR NET 30 TERMS: It may be determined by Credit the customer and/or the job did not qualify for open, Net 30 day terms. Following are alternate payment options. • A down payment in the amount of 50% of the total purchase price to place the equipment on order. A Pro Forma invoice will be provided. Upon receipt of good funds (check, cashier’s check, or ACH) the equipment will be placed on order. • Additional 50% will be required when the equipment is ready to ship from the factory. A Pro Forma invoice will be provided and upon receipt of good funds (check, cashier’s check, or ACH), the equipment will be delivered to the designated job site. COLLECTION-LITIGATION COSTS: The customer agrees to pay all costs and collection expenses, including attorney fees, if collection of the amounts due require the assistance of a collection agency or attorney. Accrued interest on late payments: 1.50% per month. The Undersigned agrees and warrants they have read the foregoing and accept these Terms and Conditions: Item No. 5.i. City Council Agenda Staff Report Meeting Date: 11/12/2024 Staff Contact: Steven Smith AGENDA ITEM: Approve a Resolution authorizing the City Manager to execute purchase orders for the purchase of heavy equipment for utility maintenance and operations in the City of Anna Public Works Department. (Director of Public Works Steven Smith) SUMMARY: This item is to authorize the City Manager to execute purchase orders for the purchase of heavy equipment for the Public Works Department. FINANCIAL IMPACT: Funding for these pieces of equipment was appropriated in the FY2025 Water and Wastewater department budgets in the amount of $181,000. The cost of this purchase is $167,782.24. BACKGROUND: The City of Anna Public Works Department utilizes a range of equipment to perform the duties of the department, including the operation and maintenance of the public water, sanitary sewer, roadway, and drainage systems in the community. The FY2024-2025 adopted budget included funds for the purchase of three pieces of equipment to be used to maintain the public water and sanitary sewer systems, including maintenance on piping, manholes, appurternances, and maintenance of easement areas. The City is seeking to utilize the Sourcewell government purchasing cooperative contract to purchase the required equipment. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Resolution and Quote - Kubota Equipment 2. Sourcewell Quotes CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE ORDER FOR ZIMMERER KUBOTA & EQUIPMENT TO PURCHASE EXCAVATION EQUIPMENT FOR THE ANNA PUBLIC WORKS DEPARTMENT IN THE AMOUNT NOT TO EXCEED ONE HUNDRED SIXTY- SEVEN THOUSAND SEVEN HUNDRED EIGHTY-TWO AND TWENTY-FOUR CENTS ($167,782.24). WHEREAS, the growing public water and sanitary sewer system in the City of Anna requires heavy equipment to perform a range of maintenance and operational duties in order to ensure a safe and consistent supply of public utilities for all Anna neighbors; and, WHEREAS, City staff identified equipment useful to our maintenance & operational needs that is essential to maintaining water distribution and wastewater collection systems; and, WHEREAS, funding for the identified equipment was included in the adopted FY2025- 2025 budget; and, WHEREAS, the City of Anna worked with the vendor to obtain a quote through the Sourcewell government purchasing cooperative; and, WHEREAS, all purchases will be made in accordance with the City of Anna’s Purchasing Policy and Texas Local Government Code Chapter 252; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1.Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2.Authorization of Payment and Funding. That the City Council of the City of Anna hereby authorizes the City Manager to execute a purchase order for Zimmerer Kubota & Equipment in an amount not to exceed $167,782.24. That the funds shall come from the Water Operations and Wastewater Operations Budget in the FY2024-2025 Operating Budget. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___ day of November, 2024. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie Land Mayor, Pete Cain Exhibit A Quote Provided By ZIMMERER KUBOTA & EQUIPMENT, INC. Clay Yonts 14851 U.S. Hwy 75 Van Alstyne, TX 75495 email: claytony@zkmail.com phone: 9037124035 ­­ Standard Features ­­­­ Custom Options ­­ BX Series BX2680V­1 * * * EQUIPMENT IN STANDARD MACHINE * * * DIESEL ENGINE Kubota Indirect Injection 3 Cylinder Engine + 24.8 SAE Gross HP + 19.5 PTO HP 61.1 Cu In Displacement EPA Tier 4 Compliant Charging Output 40 Amps 12V – 560 CCA EXHAUST EMISSION CONTROL TYPE No Exhaust After Treatment Required HYDRAULICS / HITCH / DRAWBAR Open Center Gear Type 6.2 gpm Total Hyd. Flow 3­POINT HITCH & DRAWBAR Cat I 3­Point Hitch At Lift Point 1210 lbs. 24" Behind 680 lbs. Quarter Inching 3­Point Valve TRANSMISSION Hydrostatic Drive Rear Differential Lock 2 Forward Ranges 2 Reverse Ranges Cruise Control Wet Disc Brakes + Manufacturer Estimate FLUID CAPACITY Fuel Tank 6.6 gal. Cooling System 3.5 qts. Crankcase 3.7 qts. Transmission & Hydraulics 3.0 gal. Front Axle 3.8 qts. POWER TAKE OFF Live Independent with Hydraulic Clutch Rear PTO – 1 Speed SAE Std 1 3/8” Six Spline 540 rpm @ 3200 Eng. rpm Mid PTO – 1 Speed 2500 rpm @ 3050 Eng. rpm SAFETY EQUIPMENT Two Post ROPS w/ Retractable Seat Belt Safety Start Switches Parking Brakes Electric Key Shut­Off Flip up PTO Shield SMV Sign INSTRUMENTS Tachometer/Hour Meter Fuel Gauge Oil Pressure Coolant Temperature SELECTED TIRES sub18 FRONT ­ 18x8.50­10 R4 TRACTION MASTER REAR ­ 26x12.00­12 R4 OTR TRACTION MASTER BX2680V­1 Base Price:$16,531.00 (1) FRONT LOADER W/GUARD/2­LVR BKT LA344S­FRONT LOADER W/GUARD/2­LVR BKT $4,145.00 (1) 54" SIDE DISCHARGE MOWER RCK54­23BX­54" SIDE DISCHARGE MOWER $2,076.00 (1) 12 Series Box Scraper, 48" Width BB1248­82­12 Series Box Scraper, 48" Width $1,076.00 (1) 12 Series Reverse­Till Rotary Tiller, 42" Width RTR1242­33­82­12 Series Reverse­Till Rotary Tiller, 42" Width $3,509.00 Configured Price:$27,337.00 Sourcewell Discount:($6,151.69) SUBTOTAL:$21,185.31 2Yr BX2680V­1 Extended Warranty $1,100.00 2Yr FRONT LOADER W/GUARD/2­LVR BKT Extended Warranty $450.00 Dealer Assembly:$192.50 Freight Cost:$656.25 PDI:$400.00 EQ 16 SUPER DUTY TANDEM AXLE TRAILER $11,780.00 TITLE FEE $100.00 Total Unit Price:$35,864.06 Quantity Ordered:1 Final Sales Price:$35,864.06 Purchase Order Must Reflect Final Sales Price. To order, place your Purchase Order directly with the quoting dealer *Some series of products are sold out for 2022.All equipment specifications are as complete as possible as of the date on the quote. Additional attachments, options, or accessories may be added (or deleted) at the discounted price. All specifications and prices are subject to change. Taxes are not included. The PDI fees and freight for attachments and accessories quoted may have additional charges added by the delivering dealer. These charges will be billed separately. Prices for product quoted are good for 60 days from the date shown on the quote. All equipment as quoted is subject to availability.  © 2018 Kubota Tractor Corporation. All rights reserved. BX2680V­1 WEB QUOTE #2808749 Date: 8/30/2024 1:54:48 PM ­­ Customer Information ­­ Smith, Steven 147685 City of Anna ssmith@annatexas.gov  972­924­4510 107.154.191.2 DRA F T Quote Provided By ZIMMERER KUBOTA & EQUIPMENT, INC. Clay Yonts 14851 U.S. Hwy 75 Van Alstyne, TX 75495 email: claytony@zkmail.com phone: 9037124035 ­­ Standard Features ­­­­ Custom Options ­­ S Series SVL75­3HFWVCC * * * EQUIPMENT IN STANDARD MACHINE * * * FEATURES Vertical Lift Path Loader Frame Standard Front Quick Coupler, Float Standard Hydraulic Quick Coupler Option Selector Loader Arm Self­ Leveling Loader Boom Lock Open ROPS & Air Conditioned ROPS/FOPS Cab Models High Back, Adjustable, Vinyl, Suspension Seat 2" Retractable Seat Belt and 2­ Piece Seat Bar 12V Electric Outlet 19.2 gpm Auxiliary Hydraulics standard, 29.8 gpm Option Direct To Tank Return Line Rigid Mounted Undercarriage, 4 Lower Track Rollers Rubber Tracks, 12.6” Standard, 15” Optional Two Speed Travel System Automatic Wet Disk Parking Brake Kubota 4 Hydraulic Pump Load Sensing System 2 Gear, 2 Variable Displacement Pumps Hydraulic Joystick Controls, Optional Multi­Functional Grips ISO Operating Pattern Hand And Foot Throttle Controls Electronic Travel Torque Management Automatic Glow Plugs 7" Multifunction Touch Screen Integrated Rear Camera Keyless Start Self Bleed Fuel System 2 Front and 2 Rear Working Lights Hour Meter, Engine Temperature and Fuel Gauges and Warning Lights Horn and Backup Alarm Lockable Fuel Cap Bolt On Grab Handles to enter machine KubotaNOW Telematics BASIC UNITS SVL75­3, 15.8” Rubber Tracks, Open ROPS/FOPS Cab Hydraulic Quick Coupler High Flow Hydraulics & MF Grips 14­Pin Coupler Reversing Fan Cold­weather CCV Package ENGINE V3307 Kubota CR­TE4, Tier 4 Diesel Engine 4 Cylinder, 4 Cycle, Turbo Charged 74.3 Gross HP @ 2400 rpm DIMENSIONS Cab Height 81.8” Width (without attachment) 65.9” Width with wide track option (without attachment) 69.1” Length (without attachment) 112.0” Length of Track on Ground 56.5” OPERATIONAL DIMENSIONS Operating Weight*, SVL75H, 12.6” Rubber Tracks, Open ROPS/FOPS Cab, Mechanical Quick Coupler 9,190 lbs. Rated Operating Capacity (@ 35% of Tipping Load) 2,490 lbs. Rated Operating Capacity (ROC) @ 35% of Tipping Load complies with ISO 14397­1and SAE J 818 for crawler loaders Rated Operating Capacity (ROC) @ 50% of Tipping Load 3,557 lbs. Tipping Load 7,112 lbs. Auxiliary Hydraulics Flow 192/ 29.8 gpm Travel Speed (Low / High) 5.6 /8.6 mph Reach @ Maximum Height 39.6” Height to Hinge Pin 122.7” Ground Pressure (Standard Track) 5.8 psi Ground Pressure (Wide Track) 4.7 psi Traction Force 9,678 lbf. * Includes operator’s weight, 175 lbs. SVL75­3HFWVCC Base Price:$82,784.00 (1) AT&T TELEMATICS MODEM DCU6700­AT&T TELEMATICS MODEM $449.00 (1) 74” Heavy Duty, Low Profile, Standard Floor, Teeth, Side Cutter, 15.4 cu­ft heaped capacity AP­HD74LT­74” Heavy Duty, Low Profile, Standard Floor, Teeth, Side Cutter, 15.4 cu­ft heaped capacity $2,347.00 (1) HOSE STAY FOR SSV/SVL MODELS S6763­HOSE STAY FOR SSV/SVL MODELS $108.00 Configured Price:$85,688.00 Sourcewell Discount:($20,565.12) SUBTOTAL:$65,122.88 2Yr SVL75­3HFWVCC Extended Warranty $2,200.00 Dealer Assembly:$33.00 Freight Cost:$831.25 PDI:$400.00 Total Unit Price:$68,587.13 Quantity Ordered:1 Final Sales Price:$68,587.13 Purchase Order Must Reflect Final Sales Price. To order, place your Purchase Order directly with the quoting dealer *Some series of products are sold out for 2022.All equipment specifications are as complete as possible as of the date on the quote. Additional attachments, options, or accessories may be added (or deleted) at the discounted price. All specifications and prices are subject to change. Taxes are not included. The PDI fees and freight for attachments and accessories quoted may have additional charges added by the delivering dealer. These charges will be billed separately. Prices for product quoted are good for 60 days from the date shown on the quote. All equipment as quoted is subject to availability.  © 2018 Kubota Tractor Corporation. All rights reserved. SVL75­3HFWVCC WEB QUOTE #2818469 Date: 10/8/2024 7:58:39 AM ­­ Customer Information ­­ Smith, Steven 147685 City of Anna ssmith@annatexas.gov  972­924­4510 107.154.191.2 Quote Provided By ZIMMERER KUBOTA & EQUIPMENT, INC. Clay Yonts 14851 U.S. Hwy 75 Van Alstyne, TX 75495 email: claytony@zkmail.com phone: 9037124035 ­­ Standard Features ­­­­ Custom Options ­­ U Series U55­5R3AP * * * EQUIPMENT IN STANDARD MACHINE * * * FEATURES Tight Tail Swing Eco Plus System Auto Idler Rubber Track Model ROPS/OPG (Top Guard Level I) A/C Cab Suspension Seat Kubota 3 Hydraulic Pump Load Sensing System 1 Gear, 2 Variable Displacement Pumps All Controls Hydraulic Pilot Controls Two Operating Pattern Selection System Accumulator Digital Control Panel Attachment Flow Presets, Service Alerts Standard Front Dozer Blade w/ Float 360 Degree Full Rotation 70 Degree Left, 55 Degree Right Boom Swing 19.8 gpm Adjustable Aux. Hydraulics Port 1 9.8 gpm Adjustable Aux. Hydraulics Port 2 Thumb Bracket & Relief Valves Five Second Quick Preheat System Key Switch Stop System Half Pitch Rubber Tracks Self Bleed Fuel System Auto­Downshift Two Speed Travel System Swivel Negative Brake Travel Negative Brake Third Line DIMENSIONS AND OPERATING WEIGHT U55­5R3AP, Rubber Tracks, ROPS/OPG (Top Guard Level I) A/C Cab, Angle Dozer Blade, Dipper Arm, Counterweight, SP2 Overall Length 18’ 1.3” Overall Width 6’ 5.2” Overall Height 8’ 4” Operating Weight 12,535 lbs.* Ground Clearance 12’ 0.2” * Includes operator's weight, 165 lbs. ENGINE V2607 Kubota CR E5  Tier 4 Final Diesel Engine 4 Cylinder, 4 Cycle 46.4 Net HP @ 2200 rpm (SAE J1349) OPERATIONAL DIMENSIONS Max Digging Depth 11’ 10.3” Max Digging Radius @ Ground Level 19’ 6.1” Max Vertical Digging Depth 4’ 11.6” Max Dumping Height 13’ 2.3” DOZER BLADE DIMENSIONS Width 77.2” Height 16.1” Lift Above Ground 17.3” Drop Below Ground 16.1” PERFORMANCE Digging Force @ Bucket (K7919) 11,177 lbs. Digging Force @ Dipper Arm 6,261 lbs. Travel Speed (Low) 1.8 mph Travel Speed (High) 3.1 mph Climbing Ability 36% / 20° Lift Capacity 3,700 lbs. Over Front Blade Grounded 4.0 Ft. Load Point Height 12.0 Ft. Load Radius U55­5R3AP Base Price:$89,568.00 (1) 24" QUICK ATTACH TRENCHING BUCKET K7919­24" QUICK ATTACH TRENCHING BUCKET $1,885.00 (1) QUICK ATTACH COUPLER K7915­QUICK ATTACH COUPLER $1,349.00 (1) AT&T TELEMATICS MODEM DCU6700­AT&T TELEMATICS MODEM $449.00 (1) EXCAVATOR & WL TELEMATICS HARNESS K6704A­EXCAVATOR & WL TELEMATICS HARNESS $162.00 Configured Price:$93,413.00 Sourcewell Discount:($22,419.12) SUBTOTAL:$70,993.88 2Yr U55­5R3AP Extended Warranty $2,900.00 Dealer Assembly:$179.67 Freight Cost:$737.50 PDI:$400.00 Total Unit Price:$75,211.05 Quantity Ordered:1 Final Sales Price:$75,211.05 Purchase Order Must Reflect Final Sales Price. To order, place your Purchase Order directly with the quoting dealer *Some series of products are sold out for 2022.All equipment specifications are as complete as possible as of the date on the quote. Additional attachments, options, or accessories may be added (or deleted) at the discounted price. All specifications and prices are subject to change. Taxes are not included. The PDI fees and freight for attachments and accessories quoted may have additional charges added by the delivering dealer. These charges will be billed separately. Prices for product quoted are good for 60 days from the date shown on the quote. All equipment as quoted is subject to availability.  © 2018 Kubota Tractor Corporation. All rights reserved. U55­5R3AP WEB QUOTE #2818457 Date: 10/8/2024 7:48:49 AM ­­ Customer Information ­­ Smith, Steven 147685 City of Anna ssmith@annatexas.gov  972­924­4510 107.154.191.2 Item No. 5.j. City Council Agenda Staff Report Meeting Date: 11/12/2024 Staff Contact: Muhamad Madhat AGENDA ITEM: Approve a Resolution authorizing the City Manager to execute change orders for the Collin Pump Station Ground Storage Tank No. 2 project. (Assistant City Manager Greg Peters, P.E.) SUMMARY: This item is for the approval of an increase of the project budget for the Collin Pump Station Ground Storage Tank project for $247,000 for project changes based upon coordination with Atmos Energy. FINANCIAL IMPACT: Funding for the Collin Pump Station Ground Storage Tank No. 2 project was appropriated in the FY2024 Community Investment Program budget in the amount of $11 million from the Water Impact Fee Fund. The estimated cost of this proposed budget increase is $247,000. The funding source for the proposed additional funding is the Water Impact Fee Fund. BACKGROUND: The Collin Pump Station Ground Storage Tanbk No. 2 project is a public water system Capital Improvement Plan (CIP) project located near the corner of State Highway 5 and the Collin County Outer Loop. The City Council awarded the construction of the project to Red River Construction on February 13, 2024 via Resolution 2024-02-1595, in an amount not to exceed $10,843,000. The project is currently under construction. Recently, the City has been in discussions with Atmos regarding an adjacent high pressure gas main located along the east side of the Collin Pump Station site. Based on the proximity to the gas main and feedback from Atmos, City staff has determined that it will be necessary to relocate some of the underground piping for the project to locations further away from the gas main. This will allow the equipment to be located outside the Atmos easement, removing the need for an encroachment agreement which the City and Atmos were working on. While the City and Atmos have worked together on encroachment agreements for nearby facilities in the past, staff is recommending the change to improve long-term safety for the operation and maintenance of the pump station. Staff recommends the City Council to approve an increase to the overall project budget of $247,000. This amount will cover the proposed change orders and provide a small contingency to cover any unforeseen costs in the installation of piping in the new location. This proposed change represents a 2.3% increase to the construction budget. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Exhibit A 2. Exhibit B 3. Exhibit C 4. Resolution - Authorizing City Manager to Execute Change Orders with Red River for Collin Pump Station Ground Storage Tank No. 2 Texas Board of Professional Engineers and Land Surveyors Reg. No. F-232902805 Dallas Parkway, Suite 600 Plano, Texas 75093 972.488.3880 DESCRIPTIONVALVE I.D.FL (FT)DESCRIPTIONVALVE I.D.FL (FT)DESCRIPTIONVALVE I.D.FL (FT)DESCRIPTIONVALVE I.D.FL (FT)123456789101112131415161718192021225431011121516131489172617181920212211\ 11-1-2024 vv v v v v v v v v vvvvvvvvvTexas Board of Professional Engineers and Land Surveyors Reg. No. F-23290 2805 Dallas Parkway, Suite 600 Plano, Texas 75093 972.488.3880 DESCRIPTION VALVE I.D.FL (FT)DESCRIPTION VALVE I.D.FL (FT)DESCRIPTION VALVE I.D.FL (FT) 1 2 3 4 5 6 7 8 9 10 5 4 1 2 3 10 6 7 8 9 1 1 1 \ 11-1-2024 v v v v v v v v v v v v v v vvvvvvvvvvvvvvvvv v v v v v vvvvvvvvvvvvvvvvvvvvvvvTexas Board of Professional Engineers and Land Surveyors Reg. No. F-23290 2805 Dallas Parkway, Suite 600 Plano, Texas 75093 972.488.3880 DESCRIPTION VALVE I.D.FL (FT) 1 2 3 4 5 6 7 8 9 9 8 6 4 3 2 1 5 7 1 1 1 \ 11-1-2024 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDERS TO THE CONTRACT WITH RED RIVER CONSTRUCTION FOR THE COLLIN PUMP STATION GROUND STORAGE TANK NO. 2 PROJECT, IN THE AMOUNT NOT TO EXCEED TWO HUNDRED FORTY-SEVEN THOUSAND DOLLARS AND ZERO CENTS ($247,000.00) WHICH INCLUDES AN OWNER’S CONTINGENCY OF $32,294.93; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collin Pump Station Ground Storage Tank No. 2 is Phase 2 of the project listed as a capital improvement plan in the City of Anna; and, WHEREAS, the continued growth of the City of Anna requires continuous improvements to the City’s public water system, including increased water supply, water storage, resiliency, and redundancy to protect the health, safety, and welfare of the public; and, WHEREAS, the project is immediately adjacent to an existing Atmos high pressure gas main located in a 50-foot easement; and, WHEREAS, Atmos has a process for allowing municipal utility facilities within their easements, through an encroachment agreement; and, WHEREAS, upon further review and discussion, the City and Atmos have mutually agreed that it is in the best interest of long-term safety for both entities for the underground piping to be relocated to locations further away from the Atmos gas main; and, WHEREAS, the proposed change will not significantly increase the project budget, and will make long-term maintenance of both utilities more feasible. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1.Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2.Authorization of Payment and Funding. The City Council of the City of Anna, Texas, authorizes the City Manager to execute a change order in the amount of $247,000 to the existing purchase order, which included an owner contingency of $32,294.93 for the Collin Pump Station Ground Storage Tank No. 2 project on behalf of the City of Anna, Texas. The funding for this project shall come from the Water Impact Fee fund. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___ day of November 2024. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie Land Mayor, Pete Cain Exhibits (following Pages) Item No. 5.k. City Council Agenda Staff Report Meeting Date: 11/12/2024 Staff Contact: Christopher Talbot AGENDA ITEM: Approve a Resolution Authorizing the Purchase of Networking Equipment for the Anna Community Library. (IT Manager Chris Talbot) SUMMARY: This item is to approve the purchase of networking equipment for the Anna Community Library. This equipment is required for telecommunications throughout the building. FINANCIAL IMPACT: Funding for the Anna Community Library project was approved by voters in the 2021 Bond Election (Proposition B - Community Library) and was appropriated in the FY2024 Capital Improvement Program budget in the amount of $22.0 million from General Obligation Bond funds. This resolution approves an amount not to exceed $150,000 for necessary equipment for the Anna Community Library. BACKGROUND: The Anna Community Library will be a technological hub for both neighbors and City staff. Suitable networking equipment is required to allow for such innovation and productivity. Staff will purchase the equipment off of a DIR contract through the vendor CDW-G with a not to exceed amount of $150,000. Staff will be purchasing some equipment immediately and the remaining equipment at a later date. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Active. ATTACHMENTS: 1. Resolution Purchasing Library Equipment 2024 2. CDW Networking Quote CITY OF ANNA, TEXAS RESOLUTION NO. _____________________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE PURCHASE OF NECESSARY NETWORKING EQUIPMENT FROM CDW GOVERNMENT OF CHICAGO, IL THROUGH TEXAS DIR AGREEMENTS IN THE AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000). WHEREAS, the Anna Community Library is part of the Community Investment Program construction projects in the City of Anna, Texas, and; WHEREAS, CDW Government provides the hardware systems that meet many of the City’s technology requirements at a reasonable cost through the DIR cooperative purchasing agreements of which the City is a member, and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval and Authorization of Agreement. The City Council hereby approves the purchase of networking equipment from CDW Government, and authorizes, ratifies, and approves the City Manager to execute the purchase order. The Anna Community Library Project’s funding shall come from the General Obligation Bond Funds, as adopted in 2021. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 12th day of November 2024. APPROVED: ATTEST: _____________________________ ____________________________ Mayor Pete Cain City Secretary Carrie Land Item No. 6.a. City Council Agenda Staff Report Meeting Date: 11/12/2024 Staff Contact: Carrie Land AGENDA ITEM: Consider/Discuss/Action on Board Member Appointments to the Board of Adjustment. (Interview Committee) SUMMARY: There were a total of 33 applicants. Two rescheduled, there were three no-shows and six withdrawals. After 22 interviews, the interview committee has nominated these applicants for the following boards: For Board of Adjustments: Place 1 - Jon Hendricks Place 3 - Jeff Petry Place 5 -Travis Bates Alternate 1 - David Colegrove Alternate 2 - Cory Halley FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Neighborly. ATTACHMENTS: Item No. 6.b. City Council Agenda Staff Report Meeting Date: 11/12/2024 Staff Contact: AGENDA ITEM: Consider/Discuss/Action on Board Member Appointments to the Economic Development Corporation and Community Development Corporation Boards. (Interview Committee) SUMMARY: There were a total of 33 applicants. Two rescheduled, there were three no-shows and six withdrawals. After 22 interviews, the interview committee has nominated these applicants for the following boards: For EDC/CDC: Place 1 - Dwyke Williams Place 3 - Ragina Leachman Place 5 - Noah Nylander Place 7 - Edward Culham FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Neighborly. ATTACHMENTS: Item No. 6.c. City Council Agenda Staff Report Meeting Date: 11/12/2024 Staff Contact: Carrie Land AGENDA ITEM: Consider/Discuss/Action on Board Member Appointments to the Neighbor Engagement and Inclusion Advisory Board. (Interview Committee) SUMMARY: There were a total of 33 applicants. Two rescheduled, there were three no-shows and six withdrawals. After 22 interviews, the interview committee has nominated these applicants for the following boards: Neighbor Engagement and Inclusion Advisory Board Place 1 - Cory Halley Place 3 - Travis Bates Place 5 - Susan Easaw Place 6 - Akingbade Akinfenwa FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Neighborly. ATTACHMENTS: Item No. 6.d. City Council Agenda Staff Report Meeting Date: 11/12/2024 Staff Contact: AGENDA ITEM: Consider/Discuss/Action on Board Member Appointments to the Parks and Recreation Advisory Board. (Interview Committee) SUMMARY: There were a total of 33 applicants. Two rescheduled, there were three no-shows and six withdrawals. After 22 interviews, the interview committee has nominated these applicants for the following boards: For the Parks Board: Place 1 - David Colegrove Place 2 - Nichole Hunt Place 3 - Allistair Hunte Place 5 - Rachael Sinagra Place 7 - Susan Jones FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Neighborly. ATTACHMENTS: Item No. 6.e. City Council Agenda Staff Report Meeting Date: 11/12/2024 Staff Contact: AGENDA ITEM: Consider/Discuss/Action on Board Member Appointments to the Planning and Zoning Commission. (Interview Committee) SUMMARY: There were a total of 33 applicants. Two rescheduled, there were three no-shows and six withdrawals. After 22 interviews, the interview committee has nominated these applicants for the following boards: For the Planning and Zoning Commission: Place 1 - Staci Martin Place 3 - Jessica Walden Place 5 - Tom Longmire Place 7 - Ashley Bergerson FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Neighborly. ATTACHMENTS: Item No. 6.f. City Council Agenda Staff Report Meeting Date: 11/12/2024 Staff Contact: AGENDA ITEM: Consider/Discuss/Action on Votes for Collin Central Appraisal Districts Board of Directors Election. (City Secretary Carrie Land) SUMMARY: The City of Anna has 24 votes to cast. All votes may be cast for one candidate or distributed among any number of the candidates listed on the official ballot. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: At the October 8th meeting, Council nominated five people to serve on the Collin CAD Board of Directors; Lisa Biddle, Lee Miller, Sheri Sachs, Robert Hallberg and Darin Hayes. Mr. Hayes declined the nomination. STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: 1. Res 2024-11- Voting for Collin CAD BOD 2. Official Ballot 3. Res 2024-10-1689 Collin CAD BOD Nominations CITY OF ANNA, TEXAS RESOLUTION NO. __________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, VOTING FOR A CANDIDATE OR CANDIDATES FOR THE BOARD OF DIRECTORS FOR ELECTION OF COLLIN CENTRAL APPRAISAL DISTRICT. WHEREAS, The City of Anna, Texas has 24 votes to cast in the election of the Board of Directors for the Collin Central Appraisal District; and WHEREAS, The City Council may vote for 1 to 14 candidates; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. The City Council of the City of Anna, Texas votes for the following candidate(s) to the Collin Central Appraisal District Board of Directors: PASSED by the City Council of the City of Anna, Texas, on this 12th day of November 2024. APPROVED: ____________________________ ATTEST: Mayor Pete Cain _________________________________ City Secretary Carrie L. Land 2024-10-1689 Item No. 7.d. City Council Agenda Staff Report Meeting Date: 11/12/2024 Staff Contact: AGENDA ITEM: Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). Boards and Commissions. SUMMARY: FINANCIAL IMPACT: BACKGROUND: STRATEGIC CONNECTIONS: ATTACHMENTS: