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HomeMy WebLinkAbout2025-01-28 Work Session (Cancelled) & Regular Meeting PacketAGENDA City Council Work Session CANCELLED Tuesday, January 28, 2025 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 01/24/2025. Carrie L. Land, City Secretary AGENDA City Council Meeting Tuesday, January 28, 2025 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 01/28/2025 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. 4.Work Session. a. Rental Registration Program Update (Assistant City Manager Taylor Lough) 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 Minutes for January 14, 2025 (City Secretary Carrie Land) b.Review Monthly Financial Report for the Month Ending December 31, 2024. (Budget Manager Terri Doby) c.Approve a Resolution authorizing the City Manager to enter into a Project Specific Purchase Order with Kimley-Horn and Associates, Incorporated, for a utility study pertaining to potential future industrial development in the City of Anna, Texas. (Assistant City Manager, Greg Peters, P.E.) d.Approve a Resolution authorizing the City Manager to execute an Interlocal Agreement for the 2024 Buy-Sell Program implementation for the Collin Grayson Municipal Alliance with the City of Howe, Texas. (Director of Public Works Steven Smith) e.Approve a Resolution authorizing the City Manager to accept and approve a quote from National Fitness Campaign for the purchase of fitness equipment and a shade structure to be installed on a fitness court at Anna Crossing Park. (Park Planning and Development Manager Dalan Walker) f.Approve a Resolution setting a Public Hearing under Section 372.009 of the Texas Local Government Code on the advisability of the Creation of a Public Improvement District and improvements within the City of Anna, Texas, to be known as Crystal Park Public Improvement District No. 2 and authorizing the issuance of Notice by the City Secretary of Anna, Texas, regarding the Public Hearing. (Director of Economic Development, Bernie Parker) g.Approve a Resolution authorizing the City Manager to execute a contract for wholesale wastewater treatment and transport with the Town of Weston, in a form approved by the City Attorney. (Assistant City Manager Greg Peters, P.E.) h.Approve a Resolution authorizing the City Manager to execute a contract for wholesale wastewater treatment and transport with Collin County Municipal Utility District Number 12, in a form approved by the City Attorney. (Assistant City Manager Greg Peters, P.E.) 6.Items For Individual Consideration. a.Consider/Discuss/Action on a Resolution approving a Service Plan Agreement for municipal services for 4.9± acres in the Extraterritorial Jurisdiction (ETJ), located on the east side of S. Central Expressway (US Highway 75), 484± feet north of W. Outer Loop Road. (ANX 24-0004) (Director of Development Services, Stephanie Scott-Sims, AICP) b.Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to annex 4.9± acres located on the east side of S. Central Expressway (U.S. Highway 75), 484± feet north of W. Outer Loop Road. (ANX 24-0004). (Director of Development Services, Stephanie Scott-Sims, AICP) c.Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to zone 4.9± acres located on the east side of S. Central Expressway (U.S. Highway 75), 484± feet north of W. Outer Loop Road from the default Agricultural (AG) Zoning District to Single-Family Residential-20 (SF-20) and rezone 9.8± acres located on the east side of S. Central Expressway (U.S. Highway 75), 484± feet north of W. Outer Loop Road from Single-Family Residential - Large Lot (SF-E) to Single-Family Residential-20 (SF-20). (Zone 24-0002) (Director of Development Services, Stephanie Scott-Sims, AICP) d.Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to rezone 34.7± acres located on the north side of W. Foster Crossing, 305± feet east of Pecan Grove Drive ("Property"), from Planned Development/Single-Family Residential (R-1)/Multiple Family Residential (R-4)) (Ord. No. 2002-27A) to Planned Development/Multi-Family (MF)/Local Commercial (C-1) (PD/MF/C-1). (Zone 24-0003) (Director of Development Services, Stephanie Scott-Sims, AICP) 7.Closed Session (Exceptions). Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to discuss any items listed or referenced on this Agenda under the following exceptions: a.Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code §551.071). b.Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072). c.Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t Code §551.087). d.Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). City Council. The Council further reserves the right to enter into Executive Session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 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 01/24/2025. Carrie L. Land, City Secretary Item No. 4.a. City Council Agenda Staff Report Meeting Date: 1/28/2025 Staff Contact: Michael Wherland AGENDA ITEM: Rental Registration Program Update (Assistant City Manager Taylor Lough) SUMMARY: Staff will provide a presentation about the rental registration program. FINANCIAL IMPACT: Each rental property must register with the City of Anna annually and pay a fee of $300. In 2024, 2,401 units were registered with the City of Anna. BACKGROUND: Ordinance 838-2019 was adopted December 10, 2019 establishing the rental registration program. The program seeks to safeguard the well-being of our neighbors by ensuring the health and safety standards of the city’s housing stock, build professional relationships with property owners, management, and tenants to achieve compliance and abate issues, and educate and empower our neighbors with the necessary resources to maintain a healthy and safe environment. The ordinance was amended on February 27, 2024 to clarify all rental properties, regardless of length of tenancy, must register with the City of Anna. Rental property is defined as a single family or duplex dwelling unit, a short-term rental, or townhouse that is leased or rented or intended to be leased or rented to one or more persons. Single family (entire homes and single rooms), multi-family, and mobile home parks are included in the rental registration program. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Safe. ATTACHMENTS: 1. 2025 Rental Program Update 2. Anna Registered Rentals 1-21-25 Rental Registration Program January 28, 2025 •Established in 2020 •Administered by the Community Enhancement and Compliance (CEC) division of the City Manager’s Office •CEC works with all neighbors to enhance our community, making Anna a healthier, safer, and more beautiful city for everyone. •6 FTEs responsible for Code Compliance, Animal Services contracts, Health Services, Environmental Services, Community Enhancement, Engagement, Volunteer Programs, and Rental Registration Community Enhancement & Compliance •Safety: Safeguard the well-being of our neighbors by ensuring the health and safety standards of the city’s housing stock •Relationships: Build professional relationships with property owners and management, and tenants to achieve compliance and abate issues •Education: Educate and empower our neighbors with the necessary resources to maintain a healthy and safe environment Rental Registration Program Objectives •No person shall own, operate, lease, rent or maintain rental property within the city without first registering the rental property with the city. •Rental property is defined as a single family or duplex dwelling unit, a short-term rental, or townhouse that is leased or rented or intended to be leased or rented to one or more persons; the term also includes any such structures in which individual rooms or spaces within such structure are leased or rented or intended to be Ordinance: Article 4.08 Rental Housing •Utility Billing Account •Lease / For Rent Signs •Advertisements / Listings •Collin County Appraisal District •Complaint Identifying Single Family Rentals •“Rental properties shall be registered each calendar year upon expiration, which is the 31st of December of every year.” •Reminder notices sent each November to current registered rental property owners to renew before January 1. •Notices also sent throughout the year to potential rental properties that are not yet registered. •To date 1,550 registered properties for 2025 (Pending: 851) •2,401 properties registered in 2024 •1,522 properties registered in 2023 Registration •Upon first-time registration •If warranted by receipt of a complaint; and •Annually (short term rentals) or each time there is a change in tenancy •The owner or landlord shall request that the inspection be conducted by the city before the new tenancy commences. •Reinspection may be required if life safety deficiencies need to be corrected. Single Family Inspections Multifamily Apartment Inspections •First inspection 5 years from date of Certificate of Occupancy •Older than 5 years, annual inspection •10% of internal units •City must provide at least three days notice of intent to inspect •Residents of individual residential units may opt out of an inspection of the residential unit occupied by that person. Multifamily Properties - Current •Anna Crossing Mobile Home Park – 4 apartment units •Cunningham Mobile Home Park - 21 lots •Felipe Perez / AJ Dallas LLC – 20 units (SH 5) •Palladium – 120 units •Palladium East Foster Crossing – 238 •Parmore – 185 Multifamily Properties - Upcoming •The Quinn – 317 (opening 2025) •The Grand – 281 (opening 2025) •Yardley Town Center – 156 (opening 2025) •Cottages at Lindsey Place – 130 (opening 2025) •The Reserve at Arden Park – 142 (opening 2026) •Waterview Crossing – 301 (opening 2026) •$100 at program creation in 2019 •Increased to $300 effective October 1, 2022 (FY23) • Single-Family Homes and Duplexes - $300 per property/per side •Apartments - $25 per unit (Minimum $300) •Mobile Home Parks- $250 fee plus $10.00 per lot paid Annual Fee for Registration •219 issued citations between February and March 2024 for failure to register •96 outstanding citations for failure to register in December •Citations may be paid or choose to go to trial •$381 to court Municipal Court Collin County City Survey •Single Family Rental Registration Programs and Fees •Celina - $50 •Sachse - $0 •Wylie evaluating a program Collin County City Survey •Short Term Rental Registration Programs and Fees •Allen - $350 application; $250 annual registration •Frisco - $300 •Murphy - $350 application; $300 annual registration •Plano - $300 Collin County City Survey •Multi Family Rental Registration Programs and Fees •Allen - $15 per unit •Celina - $150, plus $25 per unit •Frisco - $5 per unit, $200 minimum •McKinney - $25 per building •Melissa - $20 per unit •Plano - $11 per unit •Prosper - $10 per unit, $200 minimum Summary •The Rental Registration Program ensures safer, healthier housing for Anna. •Annual renewal is vital for compliance and accountability. •Fees support program sustainability while aligning with regional standards. •Staff will continue to work with property owners and managers as well as tenants to educate and inform, providing resources and training Rental Registration Program January 28, 2025 H A C K B E RRY DR E WHITE STSBUD D Y HAYESBLVDWESTCROSSINGBLVDSSSTA N D R ID GEBLVDW FOSTER CROSSING RD SHARP ST E F INLEY BLVD TAYLOR BLVD SFERGUSONPKWYWES T C R O S SIN G B L VDNLEONARDAVEHACKBERRY DR COUNTY ROAD 373 E FOSTER CROSSING RD E OUTER LOOP RD W FOSTER CROSSING RD W OUTER LOOP RD COUNTY ROAD 371 W ROSAMOND PKWY S POWELL PKWYN POWELL PKWY W WHITE STFM 455 FM 455 FM 2862 75 75 75 SH 5 SH 5 SH 5 Registered Rentals 1/23/2025 0 0.5 1 Miles´1:11,000 DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Anna. Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Anna, its officials or employees for any discrepancies, errors, or variances which may exist. Registered Rentals as of 1/21/25 Parcels Item No. 5.a. City Council Agenda Staff Report Meeting Date: 1/28/2025 Staff Contact: AGENDA ITEM: Approve City Council Minutes for January 14, 2025 (City Secretary Carrie Land) SUMMARY: FINANCIAL IMPACT: BACKGROUND: STRATEGIC CONNECTIONS: ATTACHMENTS: 1. CCmin2025-01-14 Work Session 2. CCmin2025-01-14 Draft City Council Work Session Meeting Minutes Tuesday, January 14, 2025 @ 5:30 PM Anna Municipal Complex - Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna met on 1/14/2025 at 5:30 PM in the Anna Municipal Complex-Council Chambers, located at 120 W. 7th Street, to consider the following items. 1.Call to Order, Roll Call, and Establishment of Quorum. Mayor Cain called the meeting to order at 5:30 PM. Members Present: Mayor Pete Cain Mayor Pro Tem Stan Carver ll Council Member Kevin Toten Council Member Jody Bills Council Member Kelly Herndon Council Member Lee Miller Members Absent: Deputy Mayor Pro Tem Elden Baker 2.Closed Session (Exceptions). Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to discuss any items listed or referenced on this Agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code §551.071). b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072). c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t Code §551.087). d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). City Council. The Council further reserves the right to enter into Executive Session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 3. Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. 4.Adjourn. Mayor Cain adjourned the meeting at 6:00 PM. APPROVED this _____ day of _____________, 2025 ____________________________________ Mayor Pete Cain ATTEST: _______________________________ City Secretary Carrie L. Land Regular City Council Meeting Meeting Minutes Tuesday, January 14, 2025 @ 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 01/14/2025 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 Council Member Kevin Toten Council Member Jody Bills Council Member Kelly Herndon Council Member Lee Miller Members Absent: Deputy Mayor Pro Tem Elden Baker 2.Invocation and Pledge of Allegiance. Council Member Jody Bills 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. Mike Swafford spoke about Slayter Creek Park Security Cameras. Jeffrey Frazier, Joe Davis, Delphine Lowrey, Robbie Sell, and Nicole Hunt spoke about the Northpointe Crossing ravine issue. 4.Reports. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the Agenda. Mayor Cain recognized and thanked City staff and First Responders for their work during this past winter weather event. Council Member Toten extended that recognition. 5.Work Session. a. Review City of Anna 2025-2026 Strategic Work Plan. (Assistant City Manager Taylor Lough) Assistant City Manager Lough made a presentation outlining the 2025-2026 operational work plan using the adopted City of Anna Success Statements framework for City Council's review and feedback. b. Proposed Development at US-75 and the Collin County Outer Loop (City Manager Ryan Henderson) City Manager Ryan Henderson invited developer John Kendall to speak on their proposed development plans for the property located at US-75 and the Collin County Outer Loop. Mr. Kendall requested that Council provide feedback on plans prior to going before the Planning and Zoning Commission. 6.Consent Items. These items consist of non-controversial or "housekeeping" items required by law. Items may be considered individually by any Council Member making such request prior to a motion and vote on the Consent Items. MOTION: Council Member Herndon moved to approve consent items a. through d. Council Member Jodi Bills seconded. Motion carried 6-0. a. Approve City Council Minutes for December 17, 2024. (City Secretary Carrie Land) b. Review Minutes of the December 5, 2024, Joint Community Development Corporation and Economic Development Corporation Board Meeting. (Director of Economic Development Bernie Parker) c. Approve a Resolution setting a Public Hearing under Sections 372.009 and 372.011 of the Texas Local Government Code on the Advisability of the Dissolution of the Crystal Park Public Improvement District within the Corporate Limits and extraterritorial jurisdiction of the City of Anna, Texas; and Authorizing the Issuance of Notice by the City Secretary of Anna, Texas regarding the Public Hearing. (Director Economic Development Bernie Parker) Staff recommends approving a Resolution setting a Public Hearing under Sections 372.009 and 372.011 of the Texas Local Government Code on the Advisability of the Dissolution of the Crystal Park Public Improvement District within the Corporate Limits and extraterritorial jurisdiction of the City of Anna, Texas; and Authorizing the Issuance of Notice by the City Secretary of Anna, Texas regarding the Public Hearing. A RESOLUTION SETTING A PUBLIC HEARING UNDER SECTIONS 372.009 AND 372.011 OF THE TEXAS LOCAL GOVERNMENT CODE ON THE ADVISABILITY OF THE DISSOLUTION OF THE CRYSTAL PARK PUBLIC IMPROVEMENT DISTRICT WITHIN THE CORPORATE LIMITS AND EXTRATERRITORIAL JURISDICTION OF THE CITY OF ANNA, TEXAS; AND AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY SECRETARY OF ANNA, TEXAS REGARDING THE PUBLIC HEARING. d. Approve a Resolution authorizing the City Manager to execute Amendment Proposal Number 5 for the Hurricane Creek Regional Wastewater Treatment Plant Construction. (Public Works Director Steven Smith) This item is to approve the next major component in the construction process of the Hurricane Creek Regional Wastewater Treatment Plant construction project, Proposal Amendment Number 5, which includes the Above Ground Mechanical, Architectural, & Finish Grade Package, and the Electrical and Instrumentation Package. A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE PURCHASE ORDERS IN THE AMOUNT NOT TO EXCEED FOURTY-FOUR MILLION EIGHT HUNDRED NINETY-SIX THOUSAND FOUR HUNDRED FIFTEEN DOLLARS AND ZERO CENTS ($44,896,415.00) 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 an Ordinance to amend an existing Planned Development (Ord. No. 648-2014) to allow for a commercial drone delivery hub as an accessory use, located on the west side of Buddy Hayes Boulevard, 265± feet north of W. White Street. Zoned Planned Development (Ord. No. 648-2014). (PD 24-0005) (Director of Development Services Stephanie Scott-Sims) A retail store building on one lot on 18.5± acres, on the west side of S. Buddy Hayes Boulevard, 265± feet north of W. White Street. Zoned Planned Development (Ord. 648-2014). The Planning & Zoning Commission recommended approval with the condition of amending the definition of Commercial drone delivery hub, (7-0) at their December 4, 2024, meeting. MOTION: Council Member Toten moved to approve. Council Member Herndon seconded. After further discussion the motion was withdrawn. MOTION: Council Member Carver moved to table item until after the closed session. Council Member Toten seconded. Motion carried 6-0. b. Consider/Discuss/Action on a Resolution approving an Ordinance reducing the maximum prima facie speed limit on State Highway 5. (Assistant City Manager Greg Peters, P.E.) At the request of staff, the Texas Department of Transportation completed a speed study of the State Highway 5 corridor from Hackberry Drive to County Road 1106. The study recommended that a reduction in the speed limit be done in three locations. City staff concurs with the findings of the speed study conducted by the Department and finds the proposed reduction in speed limits to be necessary to address the increased traffic volume and turning movements in the SH5 corridor north of Hackberry Drive. Staff proposed an Ordinance, setting the maximum prima facie speed limit on State Highway 5 in the City of Anna Texas in the following locations while the school zone for Slayter Creek Middle School will remain unchanged. Hackberry Drive to Rosamond Parkway: 50 mph Rosamond Parkway to County Road 1106: 55 mph North of County Road 1106: 65 mph MOTION: Council Member Toten moved to approve. Council Member Miller seconded. Motion carried 6-0 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN ORDINANCE OF THE CITY OF ANNA, TEXAS, ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF TRANSPORTATION CODE, SECTION 545.356 UPON STATE HIGHWAY 5 OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF ANNA , WITH AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF TRANSPORTATION CODE, SECTION 545.356 UPON STATE HIGHWAY 5 OR PARTS THEREOF, WITHIN THE CORPORATE LIMITS OF THE CITY OF ANNA, TEXAS, AS SET OUT IN THIS ORDINANCE; PROVIDING FOR A PENALTY; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION THEREOF. c. Consider/Discuss/Action on a Resolution authorizing the City Manager to execute an agreement with the Northpointe Crossing Homeowner's Association for the design and construction of drainage improvements for an unnamed tributary of Sweetwater Creek, approved as to form by the City Attorney. (Assistant City Manager Greg Peters, P.E.) The original development of the Northpointe Crossing Subdivision changed to an existing drainage way which enters the neighborhood on the north side at County Road 1106, and traverses through the property to the southeast. The original developer made changes to the drainage and constructed a defined earthen channel for stormwater to be conveyed downstream. The channel is located in a drainage easement on property owned by the Northpointe Crossing Homeowner's Association. Over time, the earthen channel has experienced erosion. Neighbors residing in the subdivision, including the President of the Northpointe Homeowner's Association, have requested for the City to assist in addressing the erosion in the channel. City staff reviewed the conditions and has developed a concept plan and project budget for addressing the worst areas of erosion in the channel. If approved, the cost-sharing agreement would allow the City to move forward and work with the Homeowner's Association on a formal project to address the concerns. The agreement identifies the responsibilities of the City and the Homeowner's Association regarding the proposed project and future maintenance of the channel. MOTION: Mayor Pro Tem Carver moved to approve. Council Member Toten seconded. Motion carried 6-0 A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A DRAINAGE IMPROVEMENT COST SHARING AGREEMENT BETWEEN THE CITY OF ANNA AND THE NORTHPOINTE CROSSING HOMEOWNER’S ASSOCIATION, SUBJECT TO APPROVAL AS TO LEGAL FORM BY THE CITY ATTORNEY, WITH AN EFFECTIVE DATE. d. Consider/Discuss/Action on a Resolution approving an amendment to Master Agreement for Professional Services 2021-2026 with Freese & Nichols, Inc. with a Professional Services Project Order (PSPO) for planning work associated with an update to the park system master plan. (Park Planning and Development Manager, Dalan Walker, RLA) Freese & Nichols, Inc. was selected to update the City's Anna 2050 Parks, Open Space, Trails and Recreation Master Plan. The project will include several meetings with neighbors and community partners, three meetings with the Parks Advisory Board and two presentations to City Council. There will also be an online survey similar to the one used for the library project. The project is expected to take 11 months and will begin at the beginning of March. MOTION: Mayor Pro Tem Carver moved to approve. Council Member Herndon seconded. Motion carried 6-0 A RESOLUTION OF THE CITY OF ANNA, TEXAS, APPROVING A PROFESSIONAL SERVICES PROJECT ORDER FOR PLANNING SERVICES RELATED TO A PARK SYSTEM MASTER PLAN UPDATE. 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 Council. MOTION: Council Member Herndon moved to enter closed session. Council Member Toten seconded. Motion carried 6-0 Mayor Cain recessed the meeting at 8:36 PM. Mayor Cain reconvened the meeting at 8:54 PM. The Council further reserves the right to enter into Executive Session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 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: Mayor Pro Tem Carver moved to approve an Ordinance to amend an existing Planned Development (Ord. No. 648-2014) to allow for a commercial drone delivery hub as an accessory use, located on the west side of Buddy Hayes Boulevard, 265 ± feet north of W. White Street. Council Member Miller seconded. Motion carried 6-0. (Property zoned under this ordinance is generally located on the west side of Buddy Hayes Boulevard, 265± feet north of W. White 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 $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. 10.Adjourn. Mayor Cain adjourned the meeting at 8:55 PM. APPROVED this _____ day of _____________, 2025 ____________________________________ Mayor Pete Cain ATTEST: _______________________________ City Secretary Carrie L. Land Item No. 5.b. City Council Agenda Staff Report Meeting Date: 1/28/2025 Staff Contact: Terri Doby AGENDA ITEM: Review Monthly Financial Report for the Month Ending December 31, 2024. (Budget Manager Terri Doby) SUMMARY: This report covers the financial performance for Fiscal Year 2025 through December 31, 2024. FINANCIAL IMPACT: Information only. BACKGROUND: The City of Anna's financial policies require the publication of a financial report monthly. Enclosed in the report is an executive dashboard that provides a high level look at major funds along with detailed reporting of sales tax collections. The financial condition of the City remains strong and the reported funds adhere to fund balance requirements. The FY2025 Budget was adopted on September 10, 2024. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. FY2025 City Council Monthly Financial Report December Positive Positive variance compared to historical trends Warning Negative variance of 3%-5% compared to historical trends Negative Negative variance of >5% compared to historical trends FY2025 FY2025 % Budget YTD REVENUES General Fund Property Taxes 13,093,602$ 440,842$ 3%Property taxes are due January 31st. Sales Tax 5,220,000 958,432 18%Remitted from the Comptroller with lag time of 30 - 60 days; includes remittances thru November. Franchise and Local Taxes 1,030,000 4,127 0%Franchise fees are paid quarterly. Charges for Services 1,000,000 362,065 36% Fines 400,000 83,808 21% Permits, Licenses and Fees 4,757,000 1,356,031 29% Investment Income 800,000 90,636 11% Other Revenues - 83,321 100% Revenue Total 26,300,602$ 3,379,262$ 13%With 25% of the year expired, revenues recorded are at 13% of budget but within historical norms. EXPENDITURES General Fund Expense Total 26,257,276$ 6,647,329$ 25%With 25% of the year expired, expenses are 25% of budget. Utility Fund REVENUES Water Sales 11,125,000$ 3,667,964$ 33% Sewer Charges 8,525,000 2,519,199 30% Sanitation Revenue 3,730,000 958,907 26% Other Charges for Services 680,000 179,682 26% Permits, Licenses and Fees 2,083,000 151,351 7% Investment Income 502,000 61,739 12% Other Revenues 1,000 5,224 522% Utility Fund Total 26,646,000$ 7,544,066$ 28%With 25% of the year expired, revenues recorded in the General Ledger are at 28% of budget. EXPENDITURES Administration 1,925,085$ 677,368$ 35% Includes one-time expense for property and liability insurance Water 7,986,169 1,592,789 20% Sewer 12,145,452 665,225 5% Sanitation 3,600,000 288,777 8% Utility Billing 1,167,911 366,257 31% Includes one-time expense for software. Utility Fund Total 26,824,617$ 3,590,416$ 13%With 25% of the year expired, expenses are 13% of budget. CITY OF ANNA GENERAL & UTILITY FUNDS DASHBOARD Through December 31, 2024 Favorable / Unfavorable % Change 2024-25 Collections from 2023-24 Collections Monthly Prior Year Monthly October 780,090$ 19.0% 655,358$ November 753,401 8.4% 695,026 December 768,837 January 566,981 February 621,381 March 723,838 April 647,636 May 699,251 June 835,007 July 785,388 August 818,441 September 794,437 1,533,490$ 8,611,581$ Budget: 6,753,000 22.7% 6,753,100 CITY OF ANNA Schedule of Sales Tax Collections For the month November 30, 2024 $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 Monthly Sales Tax Collections: 3 Year Comparison FY2022-23 FY2023-24 FY2024-25 Fiscal Year 2024-25 Fiscal Year 2023-24 Monthly Monthly October 46 56 November 60 44 December 57 January 150 February 170 March 172 April 174 May 114 June 128 July 78 August 60 September 56 106 1,259 % Budget FY2025 Budget: 800 13.3% CITY OF ANNA Building Permits Received Thru the month November 30, 2024 0 20 40 60 80 100 120 140 160 180 200 Monthly Building Permits Received: 2 Year Comparison FY2023-24 FY2022-23 Item No. 5.c. City Council Agenda Staff Report Meeting Date: 1/28/2025 Staff Contact: Gregory Peters AGENDA ITEM: Approve a Resolution authorizing the City Manager to enter into a Project Specific Purchase Order with Kimley-Horn and Associates, Incorporated, for a utility study pertaining to potential future industrial development in the City of Anna, Texas. (Assistant City Manager, Greg Peters, P.E.) SUMMARY: This item is for the approval of a project specific purchase order with Kimley-Horn and Associates, Incorporated, for professional engineering services. FINANCIAL IMPACT: Funding for this service is available in the Contract Services line item of the FY2024- 2025 Public Works Department Sewer Division budget. BACKGROUND: The City of Anna is continuing to experience record growth in residential and commercial development. In addition, the City is seeing increased interest in potential industrial development in several areas. Industrial development is one way to further diversify the city's tax base and provide local jobs for Anna neighbors. Industrial development often has specific water and wastewater requirements, which are unique to the facility, and can require high volumes of water and wastewater system capacity. In an effort to ensure the City is well-prepared to work with potential industrial developers in the near future, the City is seeking to conduct a utility study for industrial water and wastewater needs. The study findings will be used by the City of Anna and the Anna Economic Development Corporation as we continue discussions with potential industrial developers. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Resolution - Kimley Horn Utility Study 2. Project Specific Purchase Order - Utility Study CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROJECT SPECIFIC PURCHASE ORDER WITH KIMLEY-HORN AND ASSOCIATES, INCORPORATED, FOR PROFESSIONAL SERVICES PERTAINING TO AN INDUSTRIAL UTILITY STUDY, WITH AN EFFECTIVE DATE. WHEREAS, the City of Anna is experiencing record growth, including residential and commercial development, and; WHEREAS, industrial development may provide the City with opportunities to diversify the tax base and provide employment opportunities for Anna neighbors, and; WHEREAS, industrial development often includes special requirements for water and wastewater utilities, and; WHEREAS, the City Council finds that it is necessary to proactively prepare for the infrastructure needs of potential industrial development, and; WHEREAS, Kimley-Horn and Associates, Incorporated, has been pre-selected in the Utility Facility Engineering and Utility Collection & Distribution categories of the City of Anna Professional Services RFQ conducted in 2021, and; WHEREAS, Kimley-Horn and Associates has a history of providing the City with successful professional engineering services regarding the analysis, planning, and design of public water and sewer infrastructure, and; WHEREAS, the City has negotiated a scope of services and fee to provide the necessary professional engineering services required to study the implications of future industrial development in Anna, Texas, 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 Project Specific Purchase Order and Funding. The City Council of the City of Anna, Texas, authorizes the City Manager to execute the attached Project Specific Purchase Order. The City Council of the City of Anna, Texas, finds that funding for the Purchase Order shall come from the Contract Services line item in the Fiscal Year 2024-2025 Public Works Department, Sewer Division operating budget. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___ day of December 2024. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie Land Mayor, Pete Cain Exhibit A (following Page) rev 1/2021 INDIVIDUAL PROJECT ORDER NUMBER 064512921 Describing a specific agreement between Kimley-Horn and Associates, Inc. (the Consultant), and the City of Anna (the Client) in accordance with the terms of the Master Agreement for Continuing Professional Services dated July 27th, 2021, which is incorporated herein by reference. Identification of Project: Project Name: Hurricane Creek Industrial User Utility Study KH Project Manager: David Perkins, P.E. Project Number: 064512921 Specific Scope of Basic Services: Project Understanding: The City of Anna has requested Kimey-Horn to evaluate the water and wastewater demand on the existing City of Anna system with the addition of a data center or large industrial site (Industrial User or User) generally located north of the Hurricane Creek Regional Water Reclamation Facility (HCRWRF). The assumed water demand for this User is shown below: - Phase 1 - 1.2 MGD - Phase 2 - 3.5 MGD - Phase 3 - 7 MGD Wastewater demand design criteria will be evaluated with staff as a part of this study. This study will summarize the infrastructure improvements needed to the water system such as supply, pumping, storage, and transmission lines as well as the wastewater system such as treatment capacity and interceptor sizing associated with this User. This study will also evaluate the feasibility of re-use water from the HCRWRF and needed improvements for a non-potable water system to serve the User. Task 1 – Water System Evaluation System Analysis: The existing City water model will be updated prior to this water system evaluation under a separate IPO. Kimley-Horn will perform an analysis of the water system and infrastructure sizing to incorporate an Industrial User. Kimley-Horn will utilize the existing water system model to size infrastructure to serve a future Industrial User. This analysis will include: A. Execution of the model to identify infrastructure improvements necessary to meet demands with the addition of an Industrial User. B. Execution of fire flow simulations to identify infrastructure improvements necessary to meet fire flow requirements with addition of an Industrial User. C. The following components will be evaluated and sized: a. Water lines b. Ground storage c. Elevated storage d. Pump stations e. Water supply rev 1/2021 Kimley-Horn will develop a Water Improvement Plan that identifies projects to be constructed for the addition of an Industrial User. This will Include: A. Development of project list. B. Development of opinions of probable construction cost for the water system improvements proposed in the water system evaluation. C. Updated Water System Map Task 2 – Wastewater System Evaluation System Analysis: The existing City wastewater model will be updated prior to this wastewater system evaluation under a separate IPO. Kimley-Horn will perform an analysis of the wastewater system and infrastructure sizing to incorporate an Industrial User. This analysis will include: A. Kimley-Horn will evaluate the phasing of the HCRWRF with the addition of an Industrial User. B. Kimley horn will evaluate the interceptor sizing to HCRWRF with the addition of an Industrial User. Kimley-Horn will develop a Wastewater Improvement Plan that identifies projects to be constructed for the addition of an Industrial User. This will Include: A. Development of project list. B. Development of opinions of probable construction cost for the wastewater improvements proposed in the wastewater system evaluation. C. Updated Wastewater System Map Task 3 – Re-Use Evaluation System Analysis: A. Re-use will be evaluated at the HCRWRF. Re-use options will be evaluated with the temporary treatment facility and the permanent treatment facility to be able to support the Industrial User. This will include the 30 TAC Chapter 210 re-use permit requirements and estimated time to obtain. Kimley-Horn will document the estimated water quality requirements necessary to obtain a 210 permit. B. Kimley-Horn will evaluate two (2) non-potable water storage and pumping alternatives and determine available re-use flow rate. Kimley-Horn will develop a Re-use Improvement Plan that identifies projects to be constructed for the addition of an Industrial User. This will Include: A. Development of project list. B. Development of opinions of probable construction cost for the re-use alternatives proposed in the system evaluation. C. Re-Use System Map Task 4 – Final Report Kimley-Horn will summarize results and findings from Tasks 1, 2, and 3 into a final report. Deliverables: a. Prepare draft report for review and comment by City b. Prepare final report based on city comments rev 1/2021 c. The report is anticipated to include the following: a. Executive summary b. Introduction c. Design criteria and modeling methodology d. Analysis and recommendations e. Proposed project lists i. Opinion of probable construction cost ii. Project descriptions iii. Map of proposed water system projects iv. Map of proposed wastewater system projects v. Map of proposed re-use system projects Additional Services if required: Any services not specifically provided for in the above scope will be billed as additional services and performed at Kimley-Horn’s then current hourly rate. Additional services Kimley-Horn can provide include, but are not limited to the following: - Flow monitoring - TCEQ permitting - Evaluation of additional Industrial User locations - Rainfall monitoring - Survey services - Geotechnical engineering services - Preparing applications and supporting documents for government grants, loans, or planning advances, and providing data for detailed applications. - Any services not listed in the Scope of Services Schedule: The consultant will provide the services listed in the Scope of Services upon receipt of signed IPO within a length of time as mutually agreed to by both the client and consultant. Terms of Compensation: Kimley-Horn will perform the Scope of Service for the lump sum fee below: Task 1: Water System Evaluation $25,000 Task 2: Wastewater System Evaluation $20,000 Task 3: Re-use Evaluation $10,000 Task 4: Final Report $5,000 Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. rev 1/2021 ACCEPTED: CITY OF ANNA KIMLEY-HORN AND ASSOCIATES, INC. BY: BY: TITLE: TITLE: Senior Vice President DATE: DATE: 12/09/2024 Item No. 5.d. City Council Agenda Staff Report Meeting Date: 1/28/2025 Staff Contact: Steven Smith AGENDA ITEM: Approve a Resolution authorizing the City Manager to execute an Interlocal Agreement for the 2024 Buy-Sell Program implementation for the Collin Grayson Municipal Alliance with the City of Howe, Texas. (Director of Public Works Steven Smith) SUMMARY: The attached Resolution and Interlocal Agreement allows the City of Anna to sell the unused portion of the City of Anna's apportionment of water through the Collin Grayson Municipal Alliance to the City of Howe. FINANCIAL IMPACT: This item will result in a total payment to the City of Anna by the City of Howe of approximately $15,000. The funds will be deposited into the Utility Fund, for use in paying for utility operations, maintenance, and the purchase of future water. BACKGROUND: The Collin Grayson Municipal Alliance (CGMA) is a four-city conglomerate which contracts with the Greater Texoma Utility Authority (GTUA) for the purchase of treated potable water from the North Texas Municipal Water District (NTMWD). The CGMA as a whole is allotted a specific amount of water on an annual basis from NTMWD. This allotment is distributed between the four cities based upon anticipated use. Each year, the cities participate in a buy-sell program, to allow cities who have used more than their share of the CGMA allotment to purchase an unused portion of another CGMA city's allotment. In prior years, the City of Anna purchased unused water from Howe, Van Alstyne, and Melissa. This year, the City of Anna is able to sell our unused portion to the cities of Melissa, Van Alstyne, and Howe. The program provides a financial benefit to all four cities by allowing for flexibility to meet water demand without increasing the "take-or- pay" amount NTMWD sells to CGMA. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Res Anna sell to Howe 2024 MAV_ 11-11-24 2. ILA - Anna-Howe - Signed by Howe 3. Exhibit A - Memo from Don Pascal with Buy-Sell calculations 4. Exhibit B - Buy-Sell-Use Calculations from Don Pascal RESOLUTION NO. __________ A RESOLUTION RELATED TO AN INTER-LOCAL AGREEEMNT BETWEEN THE CITIES OF HOWE AND ANNA IN WHICH ANNA AGREES TO TRANSFER A PORTION OF IT’S RESPECTIVE CONTRACTUAL MINIMUM ANNUAL VOLUME WATER OBLIGATION WITH THE GREATER TEXOMA UTILITY AUTHORITY TO THE CITY OF HOWE IN EXCHANGE FOR AN AGREED PAYMENT FROM HOWE AND AUHORIZING THE EXECUTION AND ADMINISTRATION OF SAID INTER-LOCAL AGREEMENTS WHEREAS, the Cities of MELISSA, ANNA, HOWE, and HOWE have previously authorized and executed agreements with the Greater Texoma Utility Authority for a surface water supply system to be planned, funded, constructed, and operated by GTUA, including the payment of monthly Minimum Annual Volume (MAV water) purchase provisions necessary to fund said water transmission system and purchase of potable water; and WHEREAS, the City of ANNA has chosen to not accept delivery of some or all of the required water through the end of the 2024 water year (ended July 31, 2024) and said City desires to transfer a portion of its respective and obligated Minimum Annual Volume for said 2024 water year to the City of HOWE for consideration detailed in an inter-local agreement; and WHEREAS, the City of HOWE has indicated interest in purchasing the stated portion of the Minimum Annual Volume from the Cities of ANNA for the water year ended July 31, 2024 as explained in a report memorandum to the City Managers / Administrators of the Cities of Melissa, Anna, HOWE, and Howe dated September 21, 2024 and revised October 3, 2024 by Donald E. Paschal, Jr., consultant to said cities, which memorandum is attached to the respective Inter-local agreements for each specified City as “Exhibit A”; and NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of HOWE that: SECTION 1: The City Council of the City of HOWE authorizes the City Administrator to execute inter-local agreements with the City of ANNA under the terms detailed in said inter- local agreement, which provides for the following: A. Receiving the transfer of a portion of said selling City of ANNA’s GTUA required 2024 water year MAV to HOWE as provided for in the respective Inter-local Agreement. B. Paying the invoice submitted by the respective selling City of ANNA for the agreed portion of the 2024 water year MAV specified in the inter-local agreement. SECTION 2: It is specifically provided that the participating cities shall have the right to verify quantities of water with the GTUA prior to final consummation of the attached agreement. Upon motion of _______________________ seconded by _______________________, the above resolution was approved by the City Council of the City of ____________ at its meeting held this ______ day of _________________, 2025, by the following vote: _____ AYE _____ NAY _____ ABSTAIN _____________________________ Mayor, City of Anna ______________________________ City Secretary, City of Anna (S E A L) DONALD E. PASCHAL, JR. 904 Parkwood Court McKinney, TX 75070 Tel. & FAX 972.529.1325 email: don@paschalconsulting.com To: CGMA City Managers and Mayors Subject: “Sale of GTUA-CGMA Buy-Sell MAV to Participant City Report” with Buy-Sell Program Concept Changes / Revisions Date: October 3, 2024 Buy-Sell Concept Overview: GTUA-CGMA Cities have engaged the Minimum Annual Volume (MAV) Buy -Sale Concept since October 2011. The process of the Buy-Sale process includes a detailed Concept Report with recommendations from the CGMA Facilitator / Consultant (Don Paschal), a summary report of the recently completed Water Year water take with data showing both unused and overused MAV (Minimum Annual Volume) includes an annual report, a recommendation from Consultant (Don Paschal), the MAV available for sell from under using Cites to overusing Cities, and the projected MAV volume in K (1000) gal units proposed for sale to buying Cites. Both Selling and Buying cities must execute an interlocal agreement documenting the sale in MAV volume and the dollar amount of the buy / sell actions. The Concept plan and associated MAV volumes are recommended to the Cities by the CGMA Board at the Fall Board meeting and subsequently followed by City adoption of the authorizing Resolutions & ILAs. The Consultant has traditionally prepared the Re solutions and ILA using a consistent format for all Cities. Consultant typically distributes the documents to all Cities prior to the Fall Board meeting to allow time for the respective City Staffs to review and provide comments to the Mayors prior to the CGMA Board meeting and ultimately to their respective City Council s. The purpose was and still is to allow Cities using more than their MAV (formerly MT/P) to purchase unused MAV from Cities using less than their MAV (Minimum Annual Amount). The selling City recoups a portion of their already purchased MAV and the purchasing City purchases an amount of the selling city(s) unused water up to the amount of aggregate underuse by the selling City(s). The purchased volume of untaken / unused MAV is prorated as a ratio of the buying Cites overuse to the aggregate overuse by all CGMA cities. Overage of water in excess of the MAV purchased by overusing Cities cannot exceed the unused MAV volume of underusing Cities. . All the water purchased from NTMWD by GTUA for the benefit of CGMA Cities goes through GTUA as the contracting / managing entity based on the collective CGMA MAV for the subject Water Year (August 1 through July 31). The MAV for each City is paid in full by all CGMA Cities in monthly payments beginning the first month of the GTUA (and City) Fiscal Year October 1 through September 30 following the Water Year completed on the prior July 31 WY completion. Currently all CGMA Cities have the same FY as GTUA and NTMWD. Following the end of the Water Year, final accounting is computed by NTMWD (usually the variance in 2 NTMWD and GTUA total take is negligible with final accounting of volumes based on the end of WY “true up”. Additionally, any rebates / refunds based on NTMWD system cost savings are also reported and incorporated on any end of year “true up” by GTUA and either credited to the last billing of the FY or first billing of the new FY or may be paid directly to the subject City by GTUA. The purchased MAV water between buying and selling City is then reduced from the final calculated take of the buying Cities to arrive at the MAV for the subsequent Water Year (but not less than the prior year MAV). The Sell ing City subsequently invoices the buying Cities for the prior year MAV purchased at a reduced rate generally based on historical variable cost reduction. Thus, both the selling and buying Cities received benefit with the selling Cities recouping a material portion of the previously purchased but unused MAV and the buying Cities paying for the additional water taken, but at the somewhat reduced rate and receiving credit (reduction) for the subsequent WY MAV. The Buy-Sell of MAV water is accomplished through an interlocal agreement as referenced above between the cities and thus is not a component or process which GTUA either blesses or manages other than documenting the adjustment to future MAV of the buying Cities (the selling Cities subsequent year MAV is not generally impacted by the buy-sell process (but could be impacted by flushing water used). The purpose of this Communication to the Cities is to advise all CGMA participants that the Buy-Sell Program has been impacted by the Contract Entity agreement implemented in 2021 Water year by NTMWD. Prior to that date, NTMWD operated under a policy which provided with entities using water volume in excess of the then Minimum Take or Pay which was the term for minimum required water purchase for the water year; that term and concept were replaced in 2021 by the new standard Member and Customer Contract which used the term Minimum Annual Volume (MAV) referencing the base level of water obligation by each entity during a given Water Year. The terminology change was mainly to provide awareness of two major changes: 1. Prior to the change, water purchased more than the MT/P was charged as a significantly reduced rate based on the calculation of production cost that were not incurred by NTMWD due to the water not being produced and pumped to the users. Cost related to debt service, maintenance, and System operational cost were all charged a s budgeted as the minimum revenue to keep the system solvent and operational. 2. Subsequent to the change in 2021, Member Cities which had experienced significant reduction in water demand due to conservation programs could qualify through specific criteria for a gradual reduction in MAV whereas there previously had been no way to reduce annual water year contract water volume. GTUA and the CGMA Cities had been practicing the buy-sell concept since 2011 using the reality that the contract was with GTUA, an “aggregating entity” responsible for a single GTUA MT/P or MAV. Each participant City had its own MT/P or MAV under their contracts with GTUA (same basic contract as NTMWD has with others including GTUA, thus there is consistenc y in terms, definitions, etc.). In 2011 we developed the mechanism for under MAV users to sell a portion of the untaken MAV to other CGMA participants taking excess water over their MAV. This allows users taking excess water over MAV to reduce a portion of the increase in their MAV while allowing the under user to recoup a portion of the water charges paid during prior Fiscal year for water year MAV. The GTUA group is the only group known by this consultant 3 to use this concept to reduce the sunk cost of underuse MAV while helping over users to reduce their subsequent year MAV. Both entities receive benefits which is a significant offset to the increased cost of excess water or reduction of cost of under MAV use to the respective GTUA City customer participants. This Concept Report also serves the purpose of advising each Participant City of any program implementation changes for the current Water & Fiscal Year with summaries as needed of the historical program interpretations and adjustments. The primary adjustments involve interpretation of the credit to the water rate paid by buying Cities and similar reduction in payment received by the selling City or Cities. Prior to 2021, the cost of excess water varied but was generally as much as 35% or more of the base water cost per K gallons Beginning in 2021, the cost credit buyers received from sellers has been relatively moderate being generally based on the cost of power and chemical cost that the District might have avoided under the older program….this was the best way to identify a cost that mimicked the old system. While underuse does not occur every year, there are years where this program cannot be used, but it was positive under the old definitions / program and has been worthwhile under the new MAV program. It appears to be a good opportunity for all CGMA cities for the recently completed water 2024 Water Year to either reduce otherwise lager 2025 MAVs, recoup a large portion of the untaken MAV cost, and purchase another’s unused MAV at an attractive cost; the program is therefore recommended for 2024 and future years. Consultant will proceed with crafting the final program for CGMA Board and Cities to act on which consists of Buy-Sale Interlocal Agreements and Resolutions that will be forwarded to Participant Cities for review by City Staff to allow review prior to approval of the enacting City Resolutions which authorize execution of the Interlocal Agreements between buying and selling Cities . This process can be executed as early as the end of September or in October with payments occurring in October or later. It is noted as a reminder that the last MAV payment is made in September with October beginning a new Fiscal Year of payment for Water Year water take based on the 12-month water year ending July 31. It has been the practice for the CGMA Board to consider and act on recommending the program for acceptance and approval at the fall, preferably October, Board Meeting. CGMA Board endorsement at the noted fall Board Meeting (or by email review and approval as may be necessary) is a historic precedent that serves the purpose of group review and discussion followed by the CGMA policy advisory Board recommending the program and having that action recorded in the Board Minutes. There could be adjustments to the concept details as implementation alternatives are identified. Concept Modifications Contemplated: The following summarizes the concepts and proposed actions for Buy-Sell Program modifications: ➢ Historical 2011 thru 2024 Program & Summary of Proposed Program Modifications o Based on prior year precedents, a member City which took water beyond its MAV may acquire a portion of the unused MT/P (now MAV) from other CGMA member City or Cities. Such acquisition allows the selling City to recoup a major portion of 4 the cost of the MAV paid during the Fiscal Year for Water Year MAV (ending on July 31 of a given year) for an established discounted price. This practice is recommended for continuation for the benefit of all CGMA Cities with adjustments as detailed below. o The change (implemented in 2021) is that the established price no longer has a NTMWD Excess Water Rate to use for adjusting the price of the buy-sell MAV water. The NTMWD base contract provides for Additional Water vol over MAV, to be purchased by Cities at the annual water rate set by NTMWD plus the GTUA - CGMA cost components set by GTUA-CGMA Policy. The NTMWD Customer Contract, implemented with the 2021 Water Year provides that Contract & member Cities (entities) pay the full water rate for Additional Wa ter (at least until such time as The District reinstates some form of excess or discounted additional water take policy. Therefore, based on the 2021 Customer contract, buying Cities shall pay the established water year rate for Additional Water taken over the MAV. This would require cities using more than the MAV to pay the annually established MAV water rate for volumes over the MAV. Hence, the benefit of the CGMA-GTUA (group) system, which NTMWD considers as a single MAV purchase by GTUA, provides the opportunity for unused water by some participants to sell their unused MAV to participants using more that its established MAV for a given water ye ar at a discounted rate (otherwise, all cities would simply pay the full rate resulting in overpayment for the GTUA system. o Basis for buy-sell rate calculation – GTUA and other Customer as well as Member Cities were impacted starting in 2021 by an advisory notice of failure to reach the MAV volume from NTMWD if a portion of the MAV was not used. The basis of this concept was that entities using less than the Water Year MAV could share proportionally in one-third of the unspent / unused NTMWD budget. This policy of the District has not produced m uch savings or refunds for most entities except larger entities which had allowed their MAV to get out of hand by not implementing conservation policies aggressively resulting in high and unsustainable use. Further, this policy is restrictive for CGMA Cities as the individual entities are generally not contract entities of NTMWD. CGMA as a whole seldom has significant untaken MAV and thus the policy is of little use. In reviewing the recent history of CGMA Cites, the tendency has been to use excess water (above MAV level) after hitting the established MAV. The growth of all CGMA Cities tends to indicate that refunds from unuse are not likely to be significant. On the other hand, the Buy-sell has projected positive benefits for under and over users of their MAV. o For 2022 Water Year, the available NTMWD data showed a discount for Cities selling unused MAV at a price of $0.60 / K gallons. No buy-sell was performed in 2023 water year as all cities used their full MAV o For2024 Water year, it is suggested that the same rate as 2022 be used; thus a $0.60 discounted purchase of unused MAV. As Water Rates rose, it is likely that if available, similar data as used in 2022 would have generated an equal or higher 5 rate than the 2022 WY discount for the buy-sell agreement, therefore, using the same discounted amount as 2022 is rational. If any adjustments were identified, it is believed that a higher discounted amount than $0.60 / K gallons would result. o Observations for buy-sell alternative discounting polities: The Policy provision has been: the Selling Participants discounted price for the water being sold under the Buy-Sell agreements shall be based on the cost savings from NTMWD budget data using cost avoidance for electricity, chemicals, and similar cost not incurred for untaken MAV. Unused group MAV will be proportionately shared among Participant’s individual under use of Entity MAV allowing individual entity remaining unused MAV to be sold through the Buy-Sell Program and discounted to the Buying Participant. The GTUA-CGMA buy-sell cost calculations should be adjusted to apply the discount methodology as the buy-sell cost calculation using the NTMWD data if available, although it is likely difficult to secure all the same data in the future since the District does not routinely produce that data as it is no longer part of District operational contracts. GTUA should be able to secure enough indicators of likely impact on the discount rate even if specific, detailed costs are not available. Therefore, if the CGMA group wants to retain the practice of using available District data there is likely still enough information to provide a rational provision available to discount the buy-sell MAV water. Alternatively, the cost discounted rate or rate concept could be one approved by the CGMA Board with discussion from CGMA Cities Staff. As an example, the process could be simplified to be a specified percentage such as a fixed 20%. Such a fixed rate could be adjusted annually or periodically as the CGMA members agree is reasonable and could be independent from the con cerns over gathering appropriated cost reduction data from specific NTMWD. Another alternative could be to take an average of the % of rate discount over time. For example: in eleven of the last 12 years, a discounted rate was calculated using either District data or the same as the prior year. The result is an average or 21.43 % off the standard NTMWD rate (does not impact the GTUA budget allocation or CGMA-GTUA debt / capital rate calculation). Based on the 2024 Water Year rate after $0.05 adjustment recently granted resulted in a $3.74 / K gallons rate times a 21.43% rate adjustment for purchased MAV would result in a $0.8015 rate discount. Thus, the above referenced $0.60 discount may seem too low to some cities. If the group overall want toe raise the discount amount, it is suggested that it be gradually phased in at the rate of 2 to 3 cents per year in an effort to be as equitable to both buying and selling Cities. o It is important that: 6 a. There be a benefit that induces the Buying Participants to purchase unused MAV from Selling Participants, and b. it is rational that Participants not using all their allocated MAV bear some cost exposure. c. This concept proposed has provided the buyers that purchased amounts of unused MAV a discount ranging from 13% to 16% (except for the 2011 & 2012 anomaly years with the Sellers having the similar, but moderately increasing levels of reduction from the base cost of water. d. Additionally, the buyer Participant(s) will continue to receive credit for the purchase of unused MAV volume reducing their subsequent year MAV by the purchase volume. This also allows the aggregate CGMA MAV to match the calculated GTUA MAV as calculated by NTMWD. e. The Policy provides that the Selling Participants discount the water under the Buy-Sell agreements by calculation, if available, of rational cost savings to the production of water from the source assuming adequate data is available. Alternatively, the cost discounted rate or rate concept could be one approved by the CGMA Board with consent of the CGMA Cities Staff. As an example, the process could be simplified to be a specified percentage such as a fixed 20%. Such a fixed rate could be adjusted annually or periodically as the CGMA members agree is reasonable and could be independent from the concern over gathering detailed cost reduction data from specific annual cost factors. gallons. f. For the 2024 water year buy-sell agreement, the $0.05 cost rebated to the base price resulted in a base price for the year $0.05 less than the initial and invoiced price for all the MAV water; this nickel system wide credit or reduction in base price shall be used as the base price for calculat ing the buy-sell price. o It is possible (as occurred in the 2021 Water year and again in the recently completed 2022 Water Year) that an overusing City may have used more water in excess of its MAV than available from at the Selling Cities; in such case, said city shall pay the GTUA-CGMA system the full rate for the Water Year based on billing after all true up volume data is validated by NTMWD and GTUA. Such was not the case for the 2021 WY. Therefore, to assure clarity, the Buying City is responsible for: 1. Purchasing it’s full share of MAV as billed for the WY by GTUA. 2. Purchasing available or agreed portion of unused MAV water from selling City or Cities. 3. Purchasing any additional water taken beyond said Participant’s MAV plus any unused MAV purchased from Selling Participants; the cost for this volume shall be the full established rate for the subject water year as a true up at the end of the water year when volumes and any rebates are validated by both GTUA and NTMWD. 4. Additionally, purchasing City will receive a credit applied to the subsequent Water Year MAV thus reducing the subsequent year MAV by the volume purchased from Selling Cities. 7 o Staff recommends the above methodology which provides: 1. Transparency in source of applicable rate and discount amount 2. Avoids conflicting accounting for short-term issues by charging the annually charged rates, and 3. Maintaining the credit for subsequent year MAV volume. Back testing has indicated consistency with audit validity with NTMWD volumes and the collective GTUA MAV while maintaining full accounting audit capabilities. • The following tables illustrate the funding methodologies and the resulting buy – sell amounts for the 2023-24 water year which started August 1, 2023 and ended July 31, 2024. The NTMWD beginning of year price / K gal was $3.79 / K gal. Subsequently, last month, NTMWD granted a $0.05 / K gal credit (reduced price for the full 2023 -24 water year. While no credit for underused water was grant ed in the 2023 WY, Documentation from historical records indicated that if a credit for unused water had been granted, the adopted Water credit for 2023 WY was would likely have been based on $0.60 / K Gallons for that water year and that is the discounted rated included in the data below. If the Cities want to increase the discount rate, Consultant will be pleased to make the necessary revisions to this document. Therefore, it is recommended that the 2024 WY credit for the buy-sell agreements be $0.60 / K gallons as a reasonable and equitable discount rate for the 2024 Buy-Sell program; unless a differing policy is desired. Several optional methodologies are noted in the above paragraphs. 2023-24 WY (ended July 31, 2024) customer rate data All Entities CGMA MAV water / K gal (1000 gal units) Recommended Discount Policy for unused MAV Net sell rate for 2024 Water Year Net Buy-Sell Program Rate rates $3.69 $0.60 $3.09 $3.429 Proportionate Share Use: MAV available to be sold to Excess use City for 20 23- 24 water year MAV (in K Gal) Melissa Anna Van Alstyne Howe MAV water (all in K gallons) 571,761.6 859,848 126,469 75,505.6 Flush, ratio City MAV to tot MAV 0.4453 0.3442 0.1135 0.0464 Share Flush by Ctiy 37,565 29,032 9,571 3,911 Tot Adj Wtr Take incl share flushing, maint 778,671.3 601788.5 198,396.0 81,071.3 Over / under used MAV 206,909.7 258,059 65,264.6 5,050.1 8 Buy-Sell Vol ratio to total City overused 0.7275 NA 0.2529 0.0196 Buy Vol in K gal 187,744.2 NA 65,264.6 5,050.1 Tot Net take over MAV 22,279.2 NA 7,717 622 K gal purchased 187,744.2 NA 65,264.6 5,050.1 K gal sold NA 258,059 NA NA Total paid $ $580,129.70 NA $201,667.80 $15,604.80 Total received $ NA $797,402.30 NA NA Thus, the purchase of unused MT/P from Seller City to purchasing Cities of Melissa, Van Alstyne and Howe is shown above resulting in a total purchase of unused MAV from Anna of $ 810,305.3 Note that there was no refund from NTMWD for rebate program from usage under MAV to GTUA 2024 water year. Note that program responsibility is CGMA Cities: This program is not regulated or controlled by GTUA but has been developed by the CGMA Facilitator as an Interlocal-Agreement among CGMA participating cities for the benefit of the participants with GTUA recognizing the cooperative arrangement between the Cities and reducing the Buying Cities subsequent year MAV by the volume purchased through the Interlocal Agreements between Buyer and Seller Cities. MAV obligations are paid by all cities in equal monthly payments beginning in October and concluding in S eptember of each fiscal / budget year for the MAV as set for the water year beginning August 1 of each year based on the adjusted consumption in the prior water year ending July 31. A true up of additional water volumes over MAV is charged upon final determination of actual volumes based on both NTMWD and GTUA records. Participation in this program is not a requirement, but a choice that each participant determines independently. It is noted that the Buying City would have to pay the established water rate for the water year if this option were not available and no recovery would be available to selling Cities absent this program. However, the program allows: 1. Selling Cities to recoup a portion of the funds already spent for their required 2024 MAV; and for 2. Purchasing Cities to pay for water actually used at a moderately discounted price which allows said Purchasing City to reduce the increase in their respective MAV for the subsequent year by up to the amount of purchased MAV from selling City(s). level. 9 3. Cites should remember that regardless of where its consumption is for any year …. either a buyer or seller of unused MAV, that position could be changed as growth and water consumption impacts each Participant differently in future years. It is anticipated that this program will be presented to the CGMA Board for review at a Board Meeting in October 2024, CGMA Board meeting. A recommendation will be made by Staff at that meeting; however, while this report is Staff prepared and recommended, no action is anticipated or suggested until City Management and other staff have had time to review and comment if desired. CGMA Water System Recent History After buy sell Adjust 2022-2024 9/21/2024 DP revised Option 1 Flush-ratio based on ratio of City Take to total System Take Page 1 Actual 2023-24 MAV 1,633,584 571,761.6 859,848 126,469 75,505.4 1,633,584 Corrected MAV Feb, 24 based no buy sell adjustment Tot mo / ann Melissa Anna Van Alstyne Howe lost , flushed Received Delivered Delivered Delivered Delivered & unaccted Water Yr BD-PS 2023-24 Water Year use K Gallons K Gallons K Gallons K Gallons K Gallons K Gallons K Gal Total Average 31 August 241,632 108,222 94,933 21,267 7,976 11,062 243,460 7.85 30 September 219,404 97,815 71,339 22042 6,497 8,370 206,063 6.87 31 October 133,055 66,142 41,311 17488 4,046 2,496 131,483 4.50 30 November 83,828 41,104 30,761 10643 1,012 3,837 87,357 2.87 31 December 90,076 32,600 33,543 9,351 5,797 2,088 83,379 2.75 31 2024 January 110,660 33,900 50,274 16,003 7,072 3,129 110,378 3.53 28 February 82,322 33,249 32,234 11,159 6,799 7,186 90,627 2.99 31 March 115,170 42,481 45,956 11,772 7,194 7,390 114,793 3.70 30 April 108,592 48,996 30109 12,622 6,464 5,719 103910 3.52 31 May 98,553 51,276 32,585 14,188 7,742 7,120 112,911 3.60 30 June Projected 161,624 76,499 43,836 16,369 7,377 17,541 161622 5.04 31 July Projected 219,287 108,822 65,877 25,921 9,184 8,416 218220 7.33 below, checks on math totals - actual Wtr Yr take 1,664,203 741,107 572,757 188,825 77,160 84,354 1,664,203 Flush-ratio City take to Tot Take before buy-sell 0.4453 0.3442 0.1135 0.0464 % flush to Take 5.069%94.931% Flushing, allocated volume per above ratio 37,565 29,032 9,571 3,911.03 80,078 80,078 4,275.70 flush diff Total Adjusted Wtr Take incl flushing adj 778,671.3 601,788.5 198,396.0 81,071.03 see note 1 below 1,659,927 1,664,202.55 overused / unused take (Volume 206,909.7 258,059 71,927.0 5,565.6 284,402 tot City overuse Ea City take % of tot City overage 0.7275 NA 0.2529 0.0196 1.00 Buy Vol in K gal - Ci over use ratio total over use 187,744.2 NA 65,264.6 5,050.1 see note 2 below 258,059 total buy and Sell Volume in K gallons NA 258,059 NA NA sell vol Adj 25 WY MAV after buy-sell 1,664,203 590,316 859,848 133,142 76,021 Projected 1,659,327 note:ck 1 K gal Tot 2025 WY MAV increased 30,619 off in calc % MAV increase 1.87%(4,876) diff in flush Buy / Sell price / K Gal - & total 3.09 / K gal 580,129.7$ 797,402.3$ 201,667.8$ 15,604.8$ 797,402.3 on adjusted flushg Feb-July, 2023 Page 1 P2 notes: 1. 2024 flushing allocated as ratio WY Take tp total System Take. Adjustments should be all complete, but there could be another small adjustment missed in the spreadsheet preparation. 2. Buy -Sell allocations based on ea Buying City over MAV take as % of total overage take by Selling City. 3. Consistent with historical calculation, buying Cities pay selling Cities for buying cities overuse from selling ciites underuse; limited to Buying citiies total over use limited to Selling ciities underuse volume. Selling Citiies excess underuse beyond 4. Setting new year MAV: A. Selling Ciities excess underuse that exceeds Buying Cites aggregate overuse is added to Selling Cities MAV from use the recent water year MAV to set subsequesnt year Selling Cities MAV. B. Buying Cities new water year MAV is set by reducing the recent water year MAV total take by the volume of water purchased from the Selling City or Cities with the explicit provision that the result cannot be less than the Buying City or Cities most recent fully completed water year MAV. 5. Buy -Sell water volume price per K Gallons is set by the calculations illustrated in the Buiy-Sell Concpet paper (for the subject Buy-Sell of unules MAV from the most recently completed water year. Said Concept paper will be finalized and distributed within days of NTMWD final volumes for the recently completed water year being received by GTUA. Volumnes per K gallons will be detailed based on all cities participating; should any Buying Ciity not participate, the buy volume of that City may be redistributed to other Buying Cities up to the Max Volume available from the Selling City or Cities. 6. It is noted that the benefits to the selling City or Cities is to recoup the amount of sell price (reduced by prior historical buy-sell price or by other method to arrive as a reasonable and faiir buy sell priice inlcuding NTMWD or GTUA cost records or an average of the purchase price reduction from prior years. It is intended that the selling City can sell up to the volume of undertaken MAV water from the selling City from the immediately completed Water Year; however such volume may not reduce the MAV in said Buying City or Cities. Page 2 Item No. 5.e. City Council Agenda Staff Report Meeting Date: 1/28/2025 Staff Contact: Dalan Walker AGENDA ITEM: Approve a Resolution authorizing the City Manager to accept and approve a quote from National Fitness Campaign for the purchase of fitness equipment and a shade structure to be installed on a fitness court at Anna Crossing Park. (Park Planning and Development Manager Dalan Walker) SUMMARY: The equipment included in the quote from National Fitness Campaign will be installed on a fitness court at Anna Crossing Park by a contractor who has not yet been selected. It will be delivered to the City and stored until needed during the construction of the park. The fitness court will be identical to the one at Slayter Creek Park though the shade structure has been upgraded. FINANCIAL IMPACT: Funding for design and construction of Anna Crossing Park was appropriated in the FY2025-FY2029 Community Investment Program budget in the amount of $4.9 million from the 2021 General Obligation Bonds, Proposition C - Parks, Trails, Recreation, and Sports. While a $50,000 grant has been received, any additional funds will come from the GO Bonds. The estimated total cost of this contract is $170,000. BACKGROUND: The fitness court at Slayter Creek Park is one of the most used National Fitness Campaign facilities in Texas. The City has received a second grant from Blue Cross Blue Shield of Texas to add the City's second fitness court to the park system. Fitness equipment was requested during the public input meeting for Anna Crossing Park so the NFC fitness court will be a welcomed addition to the design. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome: Active. ATTACHMENTS: 1. Resolution for National Fitness Campaign Equipment 011525 Anna Crossing Park 2. NFC QUOTE 011525 Anna Crossing Park Fitness Court CITY OF ANNA, TEXAS RESOLUTION NO. _________________ A RESOLUTION OF THE CITY OF ANNA, TEXAS, ACCEPTING AND APPROVING A QUOTE FROM NATIONAL FITNESS CAMPAIGN FOR EQUIPMENT AND A SHADE STRUCTURE TO BE INSTALLAED ON A FITNESS COURT AT ANNA CROSSING PARK. WHEREAS, the City Council of the City of Anna, Texas, (“City Council”) finds that the equipment provided by National Fitness Campaign (NFC) is instrumental and necessary to the installation of a fitness court at Slayter Creek Park; and WHEREAS, the City Council acknowledges the receipt of a grant in the amount of $50,000 to assist in the funding of said fitness court; and WHEREAS, the City Council considers providing neighbors in Anna opportunities to improve their health and fitness a priority; and WHEREAS, the City Council acknowledges that the equipment provided by NFC is proprietary; and WHEREAS, the City Council approves the quote provided by NFC for the following amount: “The total amount for fiscal year 2024-25: $170,000.” 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 as set forth in full. Section 2. Approval and Authorization of Agreement. The City Council hereby approves the quote from NFC and ratifies and approves the City Manager’s execution of the same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize and enforce the quote from NFC. PASSED, APPROVED, AND ADOPTED on first and final reading on this 28th day of January 2025. ATTEST: APPROVED: _____________________________ ______________________________ City Secretary, Carrie Land Mayor, Pete Cain 111 North Powell Parkway Anna, TX 75409 USA Bill To Anna, TXBill To Name 00001559Quote Number 2/12/2025Expiration Date 1/15/2025Created Date National Fitness Campaign LP For all questions regarding this quote, contact: info@nfchq.com Registered Office: PO Box 2367, San Francisco, CA, 94126, USA. 1. AUTHORIZATION: Purchaser to reference quote number on approved Purchase Order or contract. 2. PAYMENT TERMS Purchaser will pay Seller 100% of the Purchase Price upon shipment of the Fitness Court©. Purchaser is responsible for payment of shipping costs, including packing, insurance and freight. These payment terms will apply unless other approved payment terms have been agreed to by both parties. Overdue Invoices will be subject to 2% interest charge per month. 3. TAX EXEMPTION This quoted total is based upon Purchaser's tax-exempt status, for which verifying documentation must be provided to the Seller. If the Purchaser is not tax-exempt, sales tax will be applied before Purchase Price is considered final or binding. Final invoice will be adjusted if the actual tax rate is different from what is listed on this quote. 4. STANDARD WARRANTY AND TERMS NFC standard warranty and terms apply. See for details. nationalfitnesscampaign.com/warranty 5. PURCHASER OBLIGATIONS / TERMS AND CONDITIONS Purchaser acknowledges upon receipt of the Fitness Court© that they are responsible for the following items concerning the purchase of the Fitness Court© which includes Design, Activation, and Campaign Resources: Purchaser is responsible for providing storage of the Fitness Court© with insured protection, including liability, theft, or damage. A safe and environmentally controlled storage environment is required to store the tile adhesive. Store tile adhesive at temperatures between 50°F (10°C) and 100°F (38°C). NFC is not responsible for damage after receipt of goods by the Purchaser. Purchaser is responsible for (under a separate agreement) providing installation of the concrete slab footing, applicable ADA Access, Pour In Place or Tile Flooring installation, and Fitness Court© installation per the NFC Installation Manual, adhesive manufacturers recommendations, and local safety, permitting, building, and planning code requirements. Assembly Completion Certificate submission to NFC is required within 15 days of Fitness Court© Installation. A safe and environmentally controlled storage environment is required to store digital print graphics. NFC shall not be responsible for work performed by others. Purchaser to provide all on-site maintenance, safety, and security. Purchaser shall not allow any use of Fitness Court© until all Graphics are installed. Purchaser understands that the use of exercise equipment incurs risks that are voluntarily entered into. Terms of Use of the Fitness Court© by the public located at the purchaser's site shall be governed by the Purchaser in addition to the NFC minimum guidelines. Purchaser must maintain graphics and posted safety rules and regulations. Purchaser shall be responsible for site selection and all inherent risks associated with the choice of site selection, including risk to the general public. Purchaser acknowledges that all sponsors providing funding for the Fitness Court© shall not be held liable for any risk associated with the installation of or use of the Fitness Court©. Purchaser acknowledges that all product defects shall be covered by the contract manufacturer of the Fitness Court© and all defects related to the installation of the Fitness Court© shall be covered by the installer hired by the purchaser. Purchaser accepts risks and requirements as outlined in the approved Grant Funding Application as applicable. If the Purchaser is not the legal Land Owner, then they are required to ensure that the Land Owner is aware of and willing to abide by all Obligations / Terms and Conditions. Otherwise, they shall be responsible for these obligations, including Terms of Use. The same obligations and liabilities shall exist if the Fitness Court©, which includes Design, Activation, and Campaign Resources, is sold, $170,000.00Grand Total 0.0000%Tax %  Description Quantity Total Price 2025 - Fitness Court® and National Campaign Resources 1.00 $170,000.00 Fitness Court® Shade 1.00 $50,000.00 NFC State Sponsor Grant 1.00 -$50,000.00 Shipping & Handling 1.00 $0.00 Terms 111 North Powell Parkway Anna, TX 75409 USA Bill To Anna, TXBill To Name 00001559Quote Number 2/12/2025Expiration Date 1/15/2025Created Date National Fitness Campaign LP For all questions regarding this quote, contact: info@nfchq.com Registered Office: PO Box 2367, San Francisco, CA, 94126, USA. acquired, assumed, transferred, or gifted to another party. The new party must be aware of and willing to abide by all Obligations / Terms and Conditions herein or they will retain responsibility. 6. LIMITS OF LIABILITY NFC’s total liability under this Agreement to Purchaser, its contractors, subcontractors, affiliates, partners, officers, directs, shareholders and employees (hereinafter “Affiliates”), for any and all injuries, damages, claims, losses, expenses or claim expenses (including attorney's fees) arising out of this agreement from any cause or causes except for NFC’s intentional acts, is limited to the amount of money paid by Purchaser to NFC under this Agreement. Such causes include, but are not limited to, NFC's negligence, errors, omissions, strict liability, or breach of warranty. 7. OWNERSHIP OF DOCUMENTS All designs, intellectual properties, and related Campaign Services pertaining to the Fitness Court© belong solely to the National Fitness Campaign. All construction data, materials, or documents specifically prepared or assembled by NFC may be used by the Purchaser to aid in the storage, installation, and maintenance of the Fitness Court© only. 8. CHANGE ORDERS: Any changes in scope of work or Terms and Conditions shall be agreed upon in writing by both parties. 9. PURCHASER ACKNOWLEDGMENTS Purchaser acknowledges and accepts upon receipt of Fitness Court© all terms and conditions as described above, including Payment Terms, Terms of Tax Exempt Status, NFC Standard Warranty & Terms, Warranty Disclaimers, Purchaser Obligations, Limits of Liability, Ownership of Documents, and Change Orders. Item No. 5.f. City Council Agenda Staff Report Meeting Date: 1/28/2025 Staff Contact: Bernie Parker AGENDA ITEM: Approve a Resolution setting a Public Hearing under Section 372.009 of the Texas Local Government Code on the advisability of the Creation of a Public Improvement District and improvements within the City of Anna, Texas, to be known as Crystal Park Public Improvement District No. 2 and authorizing the issuance of Notice by the City Secretary of Anna, Texas, regarding the Public Hearing. (Director of Economic Development, Bernie Parker) SUMMARY: Staff recommends approving a Resolution Setting a Public Hearing under Section 372.009 of the Texas Local Government Code on the advisability of the Creation of a Public Improvement District and improvements within the City of Anna, Texas, to be known as Crystal Park Public Improvement District No. 2 and authorizing the issuance of Notice by the City Secretary of Anna, Texas, regarding the Public Hearing. FINANCIAL IMPACT: Approximately $3,304,800 PID fees to be collected. BACKGROUND: At the request of Bloomfield Homes, the City Council created the Crystal Park PID in 2023. Due to a technical error in the petition that was submitted by Bloomfield Homes at that time, the Office of the Attorney General would likely not allow the existing Crystal Park PID to finance water and wastewater infrastructure, which infrastructure costs comprise the majority of the public improvements for which the District was created. Upon consultation with Bond Counsel, the simplest way to remedy this situation is to dissolve the original Crystal Park PID and create a new PID to be named Crystal Park PID No. 2, which will be empowered to finance water and wastewater infrastructure. This dissolution and re-creation process will require four separate meetings and two public hearings, which will take place during the four regular City Council meetings scheduled for January and February 2025. These procedural steps are not substantive and are ministerial in nature, and Bond Counsel recommends the two resolutions in January be placed on the consent agendas for those two meetings. STRATEGIC CONNECTIONS: Goal 1: Sustainable Anna Community Through Planned Managed Growth ATTACHMENTS: 1. (BLOOMFIELD) CRYSTAL PARK PID No. 2 -- PID Creation Petition 2. Resolution Accepting Petition and Calling Public Hearing (Crystal Park PID No. 2) v1 C:\Users\dslone\Work Folders\Desktop\(BLOOMFIELD) CRYSTAL PARK PID -- PID Legal Description.docx Page 1 of 8 PID DESCRIPTION 274.396 ACRES BEING A 274.396 ACRE TRACT OF LAND SITUATED IN THE J. CAHILL SURVEY, ABSTRACT NO. 144, THE H. CHENAWETH SURVEY, ABSTRACT NO. 158, THE J. COFFMAN SURVEY, ABSTRACT NO. 197, THE J. ELLETT SURVEY, ABSTRACT NO. 295, THE W. KITCHINGS SURVEY, ABSTRACT NO. 504 AND THE J. KINCADE SURVEY ABSTRACT NO. 510, CITY OF ANNA, COLLIN COUNTY, TEXAS, AND BEING PART OF A 243.477 ACRE TRACT OF LAND, CONVEYED BLOOMFIELD HOMES, L.P., AS RECORDED IN COUNTY CLERK’S FILE NO. 20211220002575780, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS AND PART OF A 116.974 ACRE TRACT OF LAND CONVEYED TO BLOOMFIELD HOMES, L.P., AS RECORDED IN COUNTY CLERK’S FILE NO. 2021220002551800 OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS. SAID 274.396 ACRE TRACT, WITH BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE NAD83, (NAD83 (2011) EPOCH 2010), DETERMINED BY GPS OBSERVATIONS, CALCULATED FROM COLLIN CORS ARP (PID-DF8982), AND DENTON CORS ARP (PID-DF8986), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT FEET TO A 1/2" IRON FOUND FOR THE NORTH CORNER OF SAID 243.477 ACRE TRACT AND THE COMMON SOUTHWEST CORNER OF A 5.765 ACRE TRACT OF LAND CONVEYED TO ANNA GROUP LLC, AS RECORDED IN COUNTY CLERK'S FILE NO. 2024000080846, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS. SAID POINT BEING ON THE EAST LINE OF A 64 ACRE TRACT OF LAND CONVEYED TO NAOMI L. WATSON, AS RECORDED IN COUNTY CLERK'S FILE NO. 20140313000236380, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS AND BEING WITHIN THE APPROXIMATE CENTER OF COUNTY ROAD NO. 937, (A PRESCRIPTIVE RIGHT-OF-WAY BY USE AND OCCUPATION), FROM WHICH A 1/2" IRON ROD WITH CAP STAMPED “PEISER.MANKIN.SUR” FOUND FOR THE NORTHWEST CORNER OF SAID 5.765 ACRE TRACT AND A COMMON SOUTHWEST CORNER OF A 101.118 ACRE TRACT OF LAND CONVEYED AS “TRACT 1” TO ANNA GROUP LLC, AS RECORDED IN COUNTY CLERK'S FILE NO. 2023000122760, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS, BEARS NORTH 03 DEGREES 55 MINUTES 14 SECONDS EAST, A DISTANCE OF 50.00 FEET; THENCE, ALONG THE NORTHEAST LINE OF SAID 243.477 ACRE TRACT AND THE COMMON SOUTHWEST LINE OF SAID 5.765 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: SOUTH 48 DEGREES 26 MINUTES 03 SECONDS EAST, A DISTANCE OF 82.66 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; C:\Users\dslone\Work Folders\Desktop\(BLOOMFIELD) CRYSTAL PARK PID -- PID Legal Description.docx Page 2 of 8 SOUTH 67 DEGREES 30 MINUTES 05 SECONDS EAST, A DISTANCE OF 84.40 FEET TO 60D NAIL FOUND FOR CORNER; SOUTH 62 DEGREES 35 MINUTES 14 SECONDS EAST, A DISTANCE OF 296.45 FEET TO A 60D NAIL FOUND FOR CORNER; SOUTH 41 DEGREES 10 MINUTES 03 SECONDS EAST, A DISTANCE OF 157.79 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 78 DEGREES 06 MINUTES 15 SECONDS EAST, A DISTANCE OF 262.41 FEET TO A 60D NAIL FOUND FOR CORNER; SOUTH 55 DEGREES 39 MINUTES 45 SECONDS EAST, A DISTANCE OF 144.29 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR THE SOUTHEAST CORNER OF SAID 5.765 ACRE TRACT AND A COMMON EXTERIOR ELL CORNER OF AFORESAID 101.118 ACRE TRACT; THENCE, CONTINUING ALONG THE NORTHEAST LINE OF SAID 243.477 ACRE TRACT AND THE COMMON SOUTHWEST LINE OF SAID 101.118 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: SOUTH 89 DEGREES 18 MINUTES 28 SECONDS EAST, A DISTANCE OF 348.05 FEET TO A 60D NAIL FOUND FOR CORNER; SOUTH 21 DEGREES 37 MINUTES 21 SECONDS EAST, A DISTANCE OF 346.53 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 06 DEGREES 07 MINUTES 23 SECONDS EAST, A DISTANCE OF 211.96 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 37 DEGREES 30 MINUTES 06 SECONDS EAST, A DISTANCE OF 88.02 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 64 DEGREES 23 MINUTES 44 SECONDS EAST, A DISTANCE OF 62.59 FEET TO A 60D NAIL FOUND FOR CORNER; SOUTH 42 DEGREES 35 MINUTES 09 SECONDS EAST, A DISTANCE OF 246.54 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; C:\Users\dslone\Work Folders\Desktop\(BLOOMFIELD) CRYSTAL PARK PID -- PID Legal Description.docx Page 3 of 8 SOUTH 88 DEGREES 51 MINUTES 58 SECONDS EAST, A DISTANCE OF 72.92 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 61 DEGREES 26 MINUTES 55 SECONDS EAST, A DISTANCE OF 164.75 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 69 DEGREES 36 MINUTES 03 SECONDS EAST, A DISTANCE OF 58.91 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 17 DEGREES 13 MINUTES 17 SECONDS EAST, A DISTANCE OF 15.78 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 06 DEGREES 10 MINUTES 57 SECONDS EAST, A DISTANCE OF 125.36 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 53 DEGREES 17 MINUTES 57 SECONDS EAST, A DISTANCE OF 61.31 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 78 DEGREES 59 MINUTES 39 SECONDS EAST, A DISTANCE OF 125.01 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 80 DEGREES 01 MINUTE 26 SECONDS EAST, A DISTANCE OF 234.63 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 78 DEGREES 24 MINUTES 21 SECONDS EAST, A DISTANCE OF 426.09 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 80 DEGREES 54 MINUTES 25 SECONDS EAST, A DISTANCE OF 239.90 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 77 DEGREES 43 MINUTES 11 SECONDS EAST, A DISTANCE OF 68.50 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; C:\Users\dslone\Work Folders\Desktop\(BLOOMFIELD) CRYSTAL PARK PID -- PID Legal Description.docx Page 4 of 8 SOUTH 71 DEGREES 14 MINUTES 49 SECONDS EAST, A DISTANCE OF 42.49 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 66 DEGREES 21 MINUTES 02 SECONDS EAST, A DISTANCE OF 67.58 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 55 DEGREES 56 MINUTES 20 SECONDS EAST, A DISTANCE OF 73.50 FEET A 1/2" IRON ROD FOUND FOR THE SOUTHEAST CORNER OF SAID 101.118 ACRE TRACT AND A COMMON EXTERIOR ELL CORNER OF AFORESAID 116.974 ACRE TRACT; THENCE, ALONG THE COMMON LINES OF SAID 116.974 ACRE TRACT AND SAID 101.118 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: NORTH 35 DEGREES 12 MINUTES 23 SECONDS EAST, A DISTANCE OF 177.76 FEET TO A 1/2" IRON ROD FOUND FOR CORNER; NORTH 42 DEGREES 44 MINUTES 06 SECONDS WEST, A DISTANCE OF 131.40 FEET TO A 1/2" IRON ROD FOUND FOR CORNER; NORTH 19 DEGREES 54 MINUTES 38 SECONDS WEST, A DISTANCE OF 41.83 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 03 DEGREES 33 MINUTES 44 SECONDS WEST, A DISTANCE OF 30.38 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 23 DEGREES 14 MINUTES 16 SECONDS EAST, A DISTANCE OF 444.46 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 24 DEGREES 17 MINUTES 36 SECONDS EAST, A DISTANCE OF 216.53 FEET TO A POINT FOR CORNER; THENCE, OVER AND ACROSS SAID 116.974 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: SOUTH 85 DEGREES 34 MINUTES 50 SECONDS EAST, A DISTANCE OF 368.08 FEET TO A POINT FOR CORNER; SOUTH 35 DEGREES 22 MINUTES 48 SECONDS EAST, A DISTANCE OF 20.00 FEET TO A POINT FOR CORNER, AND THE BEGINNING OF A NON- TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 65 C:\Users\dslone\Work Folders\Desktop\(BLOOMFIELD) CRYSTAL PARK PID -- PID Legal Description.docx Page 5 of 8 DEGREES 38 MINUTES 29 SECONDS, A RADIUS OF 50.00 FEET, AND A LONG CHORD THAT BEARS NORTH 87 DEGREES 26 MINUTES 26 SECONDS EAST, A DISTANCE OF 54.20 FEET; ALONG SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 57.28 FEET TO A POINT FOR CORNER; SOUTH 85 DEGREES 34 MINUTES 50 SECONDS EAST, A DISTANCE OF 208.41 FEET TO A POINT FOR CORNER, AND THE BEGINNING OF A NON- TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 65 DEGREES 33 MINUTES 25 SECONDS, A RADIUS OF 50.00 FEET, AND A LONG CHORD THAT BEARS SOUTH 78 DEGREES 38 MINUTES 39 SECONDS EAST, A DISTANCE OF 54.14 FEET; ALONG SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 57.21 FEET TO A POINT FOR CORNER; NORTH 44 DEGREES 08 MINUTES 04 SECONDS EAST, A DISTANCE OF 15.00 FEET TO A POINT FOR CORNER; SOUTH 85 DEGREES 34 MINUTES 50 SECONDS EAST, A DISTANCE OF 485.58 FEET TO A POINT FOR CORNER; SOUTH 16 DEGREES 40 MINUTES 30 SECONDS WEST, A DISTANCE OF 689.68 FEET TO A POINT FOR CORNER, AND THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 21 DEGREES 38 MINUTES 12 SECONDS, A RADIUS OF 1105.00 FEET, AND A LONG CHORD THAT BEARS SOUTH 27 DEGREES 29 MINUTES 36 SECONDS WEST, A DISTANCE OF 414.81 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 417.28 FEET TO A POINT FOR CORNER; NORTH 50 DEGREES 23 MINUTES 31 SECONDS WEST, A DISTANCE OF 27.69 FEET TO A POINT FOR CORNER; SOUTH 39 DEGREES 36 MINUTES 29 SECONDS WEST, A DISTANCE OF 50.00 FEET TO A POINT FOR CORNER; SOUTH 50 DEGREES 23 MINUTES 31 SECONDS EAST, A DISTANCE OF 27.69 FEET TO A POINT FOR CORNER, AND THE BEGINNING OF A NON- TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 01 DEGREE 30 MINUTES 09 SECONDS, A RADIUS OF 1105.00 FEET, AND A LONG CHORD THAT BEARS SOUTH 41 DEGREES 39 MINUTES 21 SECONDS WEST, A DISTANCE OF 28.98 FEET; C:\Users\dslone\Work Folders\Desktop\(BLOOMFIELD) CRYSTAL PARK PID -- PID Legal Description.docx Page 6 of 8 ALONG SAID NO-TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 28.98 FEET TO A POINT FOR CORNER; SOUTH 42 DEGREES 25 MINUTES 45 SECONDS WEST, A DISTANCE OF 563.28 FEET TO A POINT FOR CORNER, AND THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 13 DEGREES 25 MINUTES 22 SECONDS, A RADIUS OF 1545.00 FEET, AND A LONG CHORD THAT BEARS SOUTH 35 DEGREES 43 MINUTES 04 SECONDS WEST, A DISTANCE OF 361.12 FEET; ALONG SAID TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 361.95 FEET TO A POINT FOR CORNER ON A SOUTHERLY LINE OF SAID 116.974 ACRE TRACT AND THE COMMON NORTH LINE OF A TRACT OF LAND CONVEYED TO JOHN RATTAN AND SUE RATTAN, AS RECORDED IN COUNTY CLERK’S FILE NO. 20090915001153020, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS, FROM WHICH A 1/2" IRON ROD FOUND FOR AN INTERIOR ELL CORNER OF SAID 116.974 ACRE TRACT AND THE COMMON NORTHEAST CORNER OF SAID RATTAN TRACT, BEARS SOUTH 78 DEGREES 24 MINUTES 56 SECONDS EAST, A DISTANCE OF 625.73 FEET; THENCE, NORTH 78 DEGREES 24 MINUTES 56 SECONDS WEST, ALONG SAID COMMON LINE, A DISTANCE OF 74.94 FEET TO A 5/8” IRON ROD WITH YELLOW PLASTIC CAP STAMPED “LJA SURVEYING” SET FOR AN EXTERIOR ELL CORNER OF SAID 116.974 ACRE TRACT AND THE COMMON NORTHWEST CORNER OF SAID RATTAN TRACT. SAID POINT BEING ON THE EAST LINE OF AFORESAID 243.477 ACRE TRACT; THENCE, ALONG THE EAST LINE OF SAID 243.477 ACRE TRACT AND THE COMMON WEST LINE OF SAID RATTAN TRACT, THE FOLLOWING COURSES AND DISTANCES: SOUTH 02 DEGREES 45 MINUTES 42 SECONDS EAST, A DISTANCE OF 22.19 FEET TO A 5/8” IRON ROD WITH YELLOW PLASTIC CAP STAMPED “LJA SURVEYING” SET FOR CORNER; SOUTH 04 DEGREES 42 MINUTES 42 SECONDS WEST, A DISTANCE OF 178.16 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A NON- TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 20 DEGREES 12 MINUTES 17 SECONDS, A RADIUS OF 1545.00 FEET, AND A LONG CHORD THAT BEARS SOUTH 11 DEGREES 19 MINUTES 42 SECONDS WEST, A DISTANCE OF 542.01 FEET; THENCE, OVER AND ACROSS SAID 243.477 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: C:\Users\dslone\Work Folders\Desktop\(BLOOMFIELD) CRYSTAL PARK PID -- PID Legal Description.docx Page 7 of 8 ALONG SAID NON-TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 544.83 FEET TO A POINT FOR CORNER; SOUTH 01 DEGREE 13 MINUTES 34 SECONDS WEST, A DISTANCE OF 572.11 FEET TO A POINT FOR CORNER; SOUTH 87 DEGREES 14 MINUTES 28 SECONDS WEST, A DISTANCE OF 3169.43 FEET TO A POINT FOR CORNER ON THE WEST LINE OF SAID 243.477 ACRE TRACT AND THE COMMON EAST LINE OF A 216.801 ACRE TRACT OF LAND CONVEYED TO VERLA SUE HOLLAND AND MAURINE DICKEY, AS RECORDED IN COUNTY CLERK'S FILE NO. 95-0011069, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS, FROM WHICH A 60D NAIL FOUND FOR THE SOUTHWEST CORNER OF SAID 243.477 ACRE TRACT AND A COMMON EXTERIOR ELL CORNER OF A 140.00 ACRE TRACT OF LAND CONVEYED TO MJLA ADAM, LTD, AS RECORDED IN COUNTY CLERK’S FILE NO. 20110505000462570, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS BEARS SOUTH 02 DEGREES 16 MINUTES 14 SECONDS WEST, A DISTANCE OF 60.23 FEET; THENCE, ALONG THE COMMON LINES OF SAID 243.477 ACRE TRACT AND THE SAID 216.801 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: NORTH 02 DEGREES 16 MINUTES 14 SECONDS EAST, A DISTANCE OF 59.76 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 00 DEGREES 42 MINUTES 51 SECONDS WEST, A DISTANCE OF 640.05 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 00 DEGREES 45 MINUTES 11 SECONDS WEST, A DISTANCE OF 357.30 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 01 DEGREE 39 MINUTES 21 SECONDS WEST, A DISTANCE OF 381.16 FEET TO A 1/2" IRON ROD FOUND FOR AN INTERIOR ELL CORNER, OF SAID 243.477 ACRE TRACT AND THE COMMON NORTHEAST CORNER OF SAID 216.801 ACRE TRACT. SAID POINT BEING AT THE END OF AFORESAID COUNTY ROAD NO. 937; NORTH 87 DEGREES 21 MINUTES 39 SECONDS WEST, A DISTANCE OF 29.55 FEET TO A 60D NAIL FOUND FOR AN EXTERIOR ELL CORNER OF SAID 243.477 ACRE TRACT AND THE COMMON SOUTHEAST CORNER OF A 245.6 ACRE TRACT OF LAND CONVEYED TO VIRGIL WREN MILLER, AS RECORDED IN VOLUME 5823, PAGE 3619, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS; C:\Users\dslone\Work Folders\Desktop\(BLOOMFIELD) CRYSTAL PARK PID -- PID Legal Description.docx Page 8 of 8 THENCE, ALONG THE WEST LINE OF SAID 243.477 ACRE TRACT AND THE COMMON EAST LINE OF SAID 245.6 ACRE TRACT, WITH SAID COUNTY ROAD NO. 937, THE FOLLOWING COURSES AND DISTANCES: NORTH 12 DEGREES 06 MINUTES 31 SECONDS WEST, A DISTANCE OF 109.36 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 06 DEGREES 52 MINUTES 41 SECONDS WEST, A DISTANCE OF 258.10 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 09 DEGREES 46 MINUTES 25 SECONDS WEST, A DISTANCE OF 725.61 FEET TO A 60D NAIL FOUND FOR CORNER; NORTH 28 DEGREES 35 MINUTES 06 SECONDS WEST, A DISTANCE OF 186.41 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 14 DEGREES 05 MINUTES 23 SECONDS WEST, A DISTANCE OF 170.86 FEET TO A 60D NAIL FOUND FOR CORNER; NORTH 00 DEGREES 03 MINUTES 33 SECONDS EAST, A DISTANCE OF 250.08 FEET TO A 60D NAIL FOUND (BENT) FOR CORNER; NORTH 02 DEGREES 44 MINUTES 20 SECONDS EAST, PASSING THE NORTH LINE OF SAID 245.6 ACRE TRACT AND THE COMMON SOUTH LINE OF AFORESAID 64 ACRE TRACT, AND CONTINUING ALONG THE WEST LINE OF SAID 243.477 ACRE TRACT AND THE COMMON EAST LINE OF SAID 64 ACRE TRACT, IN ALL, A TOTAL DISTANCE OF 254.07 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; THENCE, NORTH 03 DEGREES 55 MINUTES 14 SECONDS EAST, CONTINUING ALONG SAID COMMON LINE, WITH SAID COUNTY ROAD NO. 937, A DISTANCE OF 923.21 FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF 11,952,682 SQUARE FEET OR 274.396 ACRES OF LAND. “THIS DOCUMENT WAS PREPARED UNDER 22 TEXAS ADMINISTRATIVE CODE §138.95, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED.” CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS COLLIN COUNTY CITY OF ANNA We, the undersigned officers of the City of Anna, Texas (the "City"), hereby certify as follows: 1. The City Council (the "Council") of the City convened in a regular meeting on January 28, 2025, at the regular designated meeting place, and the roll was called of the duly constituted officers and members of the Council, to wit: Pete Cain, Mayor Lee Miller, Council Member Stan Carver II, Mayor Pro Tem Jody Bills, Council Member Elden Baker, Deputy Mayor Pro-Tem Kelly Patterson-Herndon, Council Member Kevin Toten, Council Member Ryan Henderson, City Manager Carrie Land, City Secretary and all of said persons were present, except , thus constituting a quorum. Whereupon, among other business the following was transacted at said meeting: a written A RESOLUTION SETTING A PUBLIC HEARING UNDER SECTION 372.009 OF THE TEXAS LOCAL GOVERNMENT CODE ON THE ADVISABILITY OF THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT AND IMPROVEMENTS WITHIN THE CITY OF ANNA, TEXAS, TO BE KNOWN AS CRYSTAL PARK PUBLIC IMPROVEMENT DISTRICT NO. 2 AND AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY SECRETARY OF ANNA, TEXAS, REGARDING THE PUBLIC HEARING. was duly introduced for the consideration of the Council. It was then duly moved and seconded that said Resolution be passed; and, after due discussion, said motion, carrying with it the passage of said Resolution, prevailed and carried, with all members of the Council shown present above voting "Aye," except as noted below: NAYS:ABSTENTIONS: Signature Page to a Certificate for A RESOLUTION SETTING A PUBLIC HEARING UNDER SECTION 372.009 OF THE TEXAS LOCAL GOVERNMENT CODE ON THE ADVISABILITY OF THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT AND IMPROVEMENTS WITHIN THE CITY OF ANNA, TEXAS, TO BE KNOWN AS CRYSTAL PARK PUBLIC IMPROVEMENT DISTRICT NO. 2 AND AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY SECRETARY OF ANNA, TEXAS, REGARDING THE PUBLIC HEARING 2. A true, full, and correct copy of the aforesaid Resolution passed at the meeting described in the above and foregoing paragraph is attached to and follows this Certificate; said Resolution has been duly recorded in the Council's minutes of said meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the Council's minutes of said meeting pertaining to the passage of said Resolution; the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of the Council as indicated therein; that each of the officers and members of the Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid meeting, and that said Resolution would be introduced and considered for passage at said meeting, and each of said officers and members consented, in advance, to the holding of said meeting for such purpose; and that said meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given all as required by the Texas Government Code, Chapter 551. 3. The Council has approved and hereby approves the Resolution; and the Mayor and City Secretary hereby declare that their signing of this certificate shall constitute the signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED ON JANUARY 28, 2025. ATTEST: ___________________________________ Pete Cain, Mayor ___________________________________ Carrie Land, City Secretary (SEAL) 3 CITY OF ANNA, TEXAS RESOLUTION NO. ____________ A RESOLUTION SETTING A PUBLIC HEARING UNDER SECTION 372.009 OF THE TEXAS LOCAL GOVERNMENT CODE ON THE ADVISABILITY OF THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT AND IMPROVEMENTS WITHIN THE CITY OF ANNA, TEXAS, TO BE KNOWN AS CRYSTAL PARK PUBLIC IMPROVEMENT DISTRICT NO. 2 AND AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY SECRETARY OF ANNA, TEXAS, REGARDING THE PUBLIC HEARING. WHEREAS, the City of Anna, Texas (the “City”), is authorized under Chapter 372 of the Texas Local Government Code (the “Act”), to create a public improvement district within its corporate limits; and WHEREAS, on December 16, 2024, Bloomfield Homes, L.P. a Texas limited partnership (the “Petitioner”), being the owner of (1) taxable real property representing more than 50 percent of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current roll of the appraisal district in which the property is located and (2) record owner of real property liable for assessment under the proposal who: (A) constitutes more than 50 percent of all record owners of property that is liable for assessment under the proposal; or (B) owns taxable real property that constitutes more than 50 percent of the area of all taxable real property that is liable for assessment under the proposal, to be included within the corporate limits of the City, submitted and filed with the City Secretary (the “City Secretary”) a petition (“Petition”), attached as Exhibit A, requesting the establishment of the Crystal Park Public Improvement District No. 2 for approximately 274.396 acres of property to be included within the corporate limits of the City (the “District”); and WHEREAS, said petition described public improvements that the property desires to be made within the District; and WHEREAS, the City Council (the “City Council”) will hold a public hearing in accordance with Section 372.009 of the Act regarding the advisability of establishing the District, the nature of the improvements contemplated, the estimated costs of the improvements, the boundaries of the District, the method of assessment, and the apportionment, if any, of the costs; and WHEREAS, it is hereby officially found and determined that the meeting at which this resolution was considered was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code; and 4 WHEREAS, in order to hold a public hearing for the creation of a public improvement district, notice must be given in a newspaper of general circulation in the municipality before the 15th day before the date of the hearing, and written notice must be mailed to the current address of each owner, as reflected on the tax rolls, of property that would be subject to assessment under the proposed public improvement district; and WHEREAS, both newspaper notice and mailed notice must contain the information required for notice as provided for in Section 372.009 of the Act; and WHEREAS, the City Council has determined to hold a public hearing on February 25, 2025 on the creation of the District; and WHEREAS, the City Council finds that the passage of this Resolution is in the best interest of the citizens of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1: All of the above recitals are hereby found to be true and correct factual determinations of the City and are hereby approved and incorporated by reference as though fully set forth herein. Section 2: City Staff reviewed the Petition and determined that the same complied with the requirements of the Act and the City Council accepts the Petition. Section 3: That a public hearing is hereby called for February 25, 2025 at 6:00 p.m. at the Anna City Hall, Council Chambers, 120 W. 7th Street, Anna, Texas 75409 for the purpose of hearing public testimony with respect to the advisability of establishing the District, the nature of the improvements contemplated, the estimated costs of the improvements, the boundaries of the District, the method of assessment, and the apportionment, if any, of the costs. .Section 4: At such time and place the City Council will hear testimony regarding the creation of the proposed public improvement district and the City Council may, within its sole discretion, consider the adoption of a resolution authorizing the creation of the proposed District. Section 5: Attached hereto as Exhibit A is the Petition for Creation of the Crystal Park Public Improvement District No. 2 to be included within the City of Anna, Texas, which includes a metes and bounds description for the District. Section 6: Attached hereto as Exhibit B is a form of the Notice of Public Hearing (the “Notice”) the form and substance of which is hereby adopted and approved. Section 7: Included as part of Exhibit A hereto—as Exhibit “A” thereof—is a legal description of the 274.396 acres of property to be included in the proposed District. 5 Section 8: The City Secretary is hereby authorized and directed to cause said Notice to be published in substantially the form attached hereto, in a newspaper of general circulation in the City, and to mail a copy of said Notice to all landowners to be included within the boundaries of the proposed District as required by law. The City Secretary shall provide Notice on or before the 15th day before the February 25, 2025 hearing. Section 9: If any portion of this resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the City Council hereby determines that it would have adopted this resolution without the invalid provision. Section 10: This resolution shall be in full force and effect from and after its passage, and it is accordingly so resolved. PASSED AND APPROVED ON THIS 28TH DAY OF JANUARY, 2025. ATTEST: APPROVED: ___________________________ __________________________ Carrie L. Land, City Secretary Pete Cain, Mayor A-1 EXHIBIT A Petition for Creation of Crystal Park Public Improvement District No. 2 B-1 EXHIBIT B CITY OF ANNA, TEXAS NOTICE OF PUBLIC HEARING REGARDING THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT Pursuant to Section 372.009(c) and (d) of the Texas Local Government Code, as amended (the “Act”), notice is hereby given that the City Council of the City of Anna, Texas (“City”), will hold a public hearing to accept public comments and discuss the petition (the “Petition”), filed by Bloomfield Homes, L.P., a Texas limited partnership (the “Petitioner”), requesting that the City create the Crystal Park Public Improvement District No. 2 (the “District”) to include property owned by the Petitioner and further described herein (the “Property”). Time and Place of the Hearing. The public hearing will start at 6:00 p.m. on February 25, 2025 at the Anna City Hall, Council Chambers, 120 W. 7th Street,, Anna, Texas 75409. General Nature of the Proposed Authorized Improvements. The proposed public improvements may include: (i) street and roadway improvements, including related sidewalks, drainage, utility relocation, signalization, landscaping, lighting, signage, off-street parking and right-of-way; (ii) establishment or improvement of parks and open space, together with the design, construction of any ancillary structures, features or amenities such as trails, playgrounds, walkways, lighting and any similar items located therein; (iii) sidewalks and landscaping, including entry monuments and features, fountains, lighting and signage; (iv) acquisition, construction, and improvement of water, wastewater and drainage improvements and facilities and facilities related thereto; (v) acquisition of real property, interests in real property, or contract rights in connection with the Authorized Improvements (as defined below); (vi) payment of costs, including, without limitation, design, engineering, permitting, legal, required payment, performance and maintenance bonds, bidding, support, construction, construction management, administrative and inspection costs, associated with developing and financing the public improvements listed in (i) through (v) above; (vii) projects similar to those listed in subsections (i) - (v) above or authorized by the Act, including similar off-site projects that provide a benefit to the property within the District; (viii) any additional improvement projects authorized in the Act; (ix) payment of costs associated with special supplemental services for improvement and promotion of the District as approved by the City including services related to advertising, promotion, health and sanitation, water and wastewater, public safety, security, business recruitment, development, recreation, and cultural enhancement; and (x) payment of costs associated with developing and financing the public improvements listed in (i) - (ix) above, as well as the interest, costs of issuance, reserve funds, or credit enhancement of bonds issued for the purposes described in (i) through (ix) above, and costs of establishing, administering and operating the District (collectively, the “Authorized Improvements”); and (b) the payment of expenses incurred in the establishment, administration, and operation of the District, including maintenance costs, costs of issuance, funding debt service and capitalized interest reserves and credit enhancement fees of any bonds issued by or on behalf of the District, if necessary. These Authorized Improvements shall promote the interests of the City and confer a special benefit upon the Property. B-2 Estimated Cost of the Authorized Improvements. The estimated cost to design, acquire and construct the Authorized Improvements, together with bond issuance costs, eligible legal and financial fees, eligible credit enhancement costs and eligible costs incurred in establishment, administration and operation of the District is approximately $50,000,000. Proposed District Boundaries. The District is proposed to include approximately 274.396 acres of land to be included within the city limits of the City and as more particularly described by a metes and bounds description available for public inspection at the office of the City Secretary, 120 W. 7th Street, Anna, Texas 75409. Proposed Method of Assessment. The City shall levy assessments on each parcel within the District in a manner that results in imposing equal shares of the costs on property similarly benefited. All assessments may be paid in full at any time (including interest and principal), and certain assessments may be paid in annual installments (including interest and principal). If an assessment is allowed to be paid in installments, then the installments must be paid in amounts necessary to meet annual costs for those Authorized Improvements financed by the assessment, and must continue for a period necessary to retire the indebtedness of those Authorized Improvements (including interest). Proposed Apportionment of Cost between the District and the City. The City will not be obligated to provide any funds to finance the Authorized Improvements, except for assessments levied on real property within the District. No municipal property in the District shall be assessed. All of the costs of the Authorized Improvements will be paid from assessments and from other sources of funds, if any, available to the Petitioner. During the public hearing, any interested person may speak for or against the establishment of the District and the advisability of the improvements to be made for the benefit of the property within the District. Item No. 5.g. City Council Agenda Staff Report Meeting Date: 1/28/2025 Staff Contact: Gregory Peters AGENDA ITEM: Approve a Resolution authorizing the City Manager to execute a contract for wholesale wastewater treatment and transport with the Town of Weston, in a form approved by the City Attorney. (Assistant City Manager Greg Peters, P.E.) SUMMARY: This item is to authorize the execution of a contract with the Town of Weston for wastewater transport through the City of Anna wastewater system and wastewater treatment at the Hurricane Creek Regional Wastewater Treatment Plant. FINANCIAL IMPACT: Revenues received from Weston for this service will be accounted for in the annual operating budget of the City of Anna to fund the debt service, operation, and maintenance of the City of Anna's wastewater utility. Providing this much needed regional service to adjacent communities will allow Anna to better control future utility costs for all Anna neighbors. BACKGROUND: The City of Anna is currently constructing the first phase of a regional wastewater treatment plant in the southwest portion of the City. The treatment plant will provide sewer treatment for all development in the City of Anna west of US 75 and for adjacent customer cities and customer MUD's. The customer communities will pay a wholesale rate to the City of Anna per 1,000 gallons of flow. The revenues generated by this program will be used to pay the debt service and fund the operation, maintenance, and future expansion of the facility. The 500,000 gal/day package plant at the facility will come online in the Spring of 2025, and the plant capacity will increase to 2,000,000 gallons per day in 2027. The City is currently permitted for a first phase of up to 4,000,000 gallons per day. The Town of Weston will construct a trunk sewer main which will connect Weston to the City of Anna wastewater system. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Resolution - Anna-Weston Wholesale Wastewater Contract 2. Wholesale Wastewater Agreement - Weston C21005D20240122CR1 clean mc CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR WHOLESALE WASTEWATER TREATMENT AND TRANSPORT BETWEEN THE CITY OF ANNA AND THE TOWN OF WESTON, SUBJECT TO APPROVAL AS TO LEGAL FORM BY THE CITY ATTORNEY, WITH AN EFFECTIVE DATE. WHEREAS, the City of Anna is a Home Rule City in the State of Texas, and; WHEREAS, the Town of Weston is a Type A General Law Municipality in the State of Texas, and; WHEREAS, the, City of Anna and Town of Weston are both growing communities in need of expanding wastewater infrastructure to serve the public, and; WHEREAS, the City of Anna is in the process of constructing the Hurricane Creek Regional Wastewater Treatment Plant facility to provide wastewater treatment for the City of Anna and surrounding areas, and; WHEREAS, the Town of Weston is seeking to contract with the City of Anna for the treatment and transport of wastewater from the Town of Weston’s public wastewater utility system, and; WHEREAS, it is in the best interest of both the City of Anna and the Town of Weston to enter into a contract for the wholesale treatment and transport of wastewater, which defines the responsibilities and costs for such treatment and transport, 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 Wholesale Wastewater Contract. The City Council of the City of Anna, Texas, authorizes the City Manager to execute the attached Wholesale Wastewater Contract, subject to approval as to legal form by the City Attorney. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___ day of January ___, 2025. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie Land Mayor, Pete Cain Exhibit A (following Page) 1 WHOLESALE WASTEWATER CONTRACT BETWEEN THE CITY OF ANNA AND THE TOWN OF WESTON This Wholesale Wastewater Contract Between the City of Anna and the Town of Weston (this “Contract”) is made and entered into on this, the ______ day of ________________, 2025, (the “Effective Date”) by and between the City of Anna, Texas, a Texas home-rule municipality and political subdivision of the State of Texas ("Anna"), and the Town of Weston, Texas, a Texas municipality and political subdivision of the State of Texas ("Customer"). RECITALS The following recitals are: (1) true and correct; (2) incorporated as part of this Contract for all purposes; (3) evidence the intent of the Parties in entering into this Contract; and (4) to be used in interpreting this Contract. WHEREAS, the Parties are governmental entities authorized to enter into this Contract under Chapter 791 of the Texas Government Code and other applicable law including without limitation Chapter 51 of the Texas Local Government Code; and WHEREAS, the Customer is a retail wastewater provider that serves retail customers in Certificate of Convenience and Necessity No. 20999 (“Customer’s CCN”); and WHEREAS, the Customer is a municipality located in Collin County, Texas with nearby rapid growth including sharply increasing demand for retail wastewater service to serve upcoming residential, commercial, industrial, and institutional development; and WHEREAS, in order to provide Wastewater treatment to serve its retail customers, Customer needs a source of wholesale Wastewater treatment capacity; and WHEREAS, subject to securing a TCEQ Texas Pollutant Discharge Elimination Perrmit, and once the construction of the Anna System is completed, Anna shall have the capability to provide wholesale Wastewater treatment capacity adequate to serve the area within Customer’s CCN; 2 NOW, THEREFORE, Anna and Customer, in consideration of the terms, covenants and conditions herein contained, hereby agree as follows. AGREEMENT Article 1. Definitions When used in this Contract, the following terms, when capitalized, shall be defined as follows. 1.01 “Act” or "the Act" - the Federal Water Pollution Control Act, also known as the Clean Water Act ("CWA"), as amended (33 U.S.C. 1251, et seq.). 1.02 “Anna System” or “Anna’s System” - Anna's Wastewater Treatement Plant as said plant may be expanded or connected to other systems over time, which is a “Publicly Owned Treatment Works” under Section 307 of the Act. For purposes of this Contract, the Anna System includes all Wastewater treatment plants of Anna as a unified system. 1.03 “Approved Connection Point(s)” - the point(s) of entry identified in Exhibit “B” through which Customer is authorized to discharge Wastewater into the Anna System. 1.04 “Basin Map” - the map attached hereto as Exhibit “B”, identifying the service area under this Contract and the Approved Connection Points. 1.05 “Biochemical Oxygen Demand (BOD)” - the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five (5) days at 20 degrees centigrade expressed in terms of mass and concentration [milligrams per liter (mg/1)]. 1.06 “Calibration” - verification of primary measuring device and secondary instrumentation accuracy utilizing then-current standard primary device calibration procedures and signals recognized as acceptable within the industry or a separate flow measurement instrument. 1.07 “Customer Annual Amount of Flow” – an annual average amount of Flow not to exceed the volumes specific in Exhibit D, listed in gallons per day based on 30-day average. 1.08 “Customer’s Service Area” – the approximately 10,300 acres of land covered under Certificate of Convenience and Necessity No. 20999 held by the Town of Weston, Texas as of the Effective Date. 3 1.09 “Customer System” or “Customer’s System” - the Customer’s facilities used for collection or transportation of Wastewater to an Approved Connection Point(s), including without limitation the Delivery Facilities. 1.10 “Delivery Facilities” or “Delivery Facility” - all facilities necessary for the transmission of Wastewater to the Anna System that are on the Customer's side of the Approved Connection Point(s). 1.11 “Director” - the designee appointed or authorized by the Anna City Manager to act on Anna’s behalf. 1.12 “Flow” – the collective total of all Wastewater, Industrial Waste, Inflow, Infiltration, Liquid Waste, Suspended Solids, and any other matter transmitted from Customer’s System through all Approved Connection Point(s), collectively. 1.13 “Industrial User” - a source of non-standard discharge. 1.14 “Industrial Waste” – non-domestic sewage that may include water-borne solids, liquids or gaseous substances resulting from industrial, manufacturing or food processing operations, or from the development of a natural resource, or any mixture of these with water or domestic sewage. 1.15 “Infiltration” - water that has migrated from the ground into the Wastewater system. 1.16 “Inflow” - water other than sewage that enters a Wastewater system (including sewer service connections) from sources such as, but not limited to, roof leaders, cellar drains, yard drains, area drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary catch basins, cooling towers, storm waters, surface runoff, street wash waters or drainage. Inflow does not include, and is distinguished from, Infiltration. 1.17 “Liquid Waste” - the water-borne solids, liquids, and gaseous substances typically stored temporarily in a container and derived from sources including, but not limited to, grease traps, septic tanks, chemical toilet waste, and sand trap waste. 1.18 “Metering and Sampling Facility” or “Metering and Sampling Facilities” - the meter, meter vault, and all metering and telemetry equipment needed to measure or sample the Flow from the Customer’s System at the Approved Connection Point(s) or other such locations as the Parties mutually agree upon in writing. 1.19 “Party” or “Parties” - Anna and Customer may also be referred to in the singular as “Party” and in the plural as “Parties.” 4 1.20 “Pretreatment” - the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in Wastewater prior to or in lieu of introducing those pollutants into a Publicly Owned Treatment Works generally, but not exclusively, relating to Non-Standard Discharges and Prohibited Discharges. The reduction or alteration of pollutants or the nature of pollutants may be obtained – if not by elimination - by physical, chemical or biological processes, by process changes, or by other means, except by diluting the concentration of the pollutants (unless expressly allowed by an applicable Pretreatment Requirement). 1.21 “Pretreatment Requirement” - a substantive or procedural requirement related to Pretreatment imposed on an Industrial User, other than a Pretreatment Standard. 1.22 “Prohibited Discharge” – any discharge prohibited by 40 C.F.R. 403.5. 1.23 “Publicly Owned Treatment Works” (“POTW”) – a treatment works as defined by Section 212 of the Act (33 U.S.C. 1292) owned or operated by a governmental entity including Customer’s System and Anna’s System. 1.24 “Significant Industrial User” - any of the following: a. An Industrial User subject to categorical Pretreatment Standards; and b. Any other user that: (i) Discharges an average of 25,000 gpd or more of process wastewater; (ii) Contributes a process waste stream which makes up five percent (5%) or more of the hydraulic or organic loading of the treatment plant; or (iii) Is designated as significant by Anna on the basis that the user has a reasonable potential for adversely affecting the operation of a Publicly Owned Treatment Works or for violating any Pretreatment Standard or requirement. 1.25 “Non-Standard Discharge” - Wastewater that is being discharged that fails to meet the quality parameters outlined in Sections 7.3-7.5. 1.26 “Standard Methods” - those testing or analysis procedures as prescribed in the then current edition of "Standard Methods for Examination of Water and Wastewater," published by the American Public Health Association or the U.S. Environmental Protection Agency Manual of Methodologies for the Examination of Water and Wastewaters, or as will otherwise comply with procedures specified in state and federal discharge permits held by Anna. 5 1.27 “Strength” - the concentration of dissolved and suspended matter in Wastewater, as indicated by Biochemical Oxygen Demand or suspended solids. 1.28 “Suspended Solids” – the total suspended matter that floats on the surface of, or is suspended in, water, Wastewater, or other liquid, and which is removable by laboratory filtering. 1.29 “System Cost” - operating expenses and capital-related costs incurred by Anna pursuant to the provision of Wastewater collection and treatment service to the wholesale class of sewer customers including, all costs identified whether specifically or by implication as System Costs related to provision of services under this Contract. Such costs are to be collected by Anna as a component of the annual cost of providing wholesale Wastewater service. 1.30 “TCEQ” – the Texas Commission on Environmental Quality or its successor agency(ies). 1.31 “Wastewater” – water containing other liquid and water-carried wastes and sewage whether treated or untreated, which are contributed to a Publicly Owned Treatment Works. 1.32 “Wastewater Treatment Plant” – the collection and treatment system that is the subject of TCEQ proposed Texas Pollutant Discharge Elimination System Permit No. WQ0016043001 (EPA I.D. No. TX0141721) located (or to be constructed and located) approximately 1.56 miles west of the intersection of the Collin County Outer Loop and U.S. 75, in Collin County, Texas 75409. Article 2. Construction and Connection to the Anna System 2.01 As of the Effective Date Anna has recieved a Texas Pollutant Discharge Elimination System Permit (the “Discharge Permit”) from the TCEQ to utilize the Wastewater Treatment Plant to discharge treated wastewater at a volume not to exceed an annual average flow of 16,000,000 gallons per day. Anna commenced construction of the Wastewater Treatment Plant on September 22, 2023. Anna shall complete construction of the first phase of the Wastewater Treatment Plant on or before October 1, 2025, which will allow for an annual average flow of up to 500,000 gallons per day of wastewater treatment capacity. Anna shall complete Phase 2 of the plant on or before October 1, 2026, which will allow for an annual average flow of up to 2,500,000 gallons of wastewater treatment capacity. Anna shall continue to construct additional phases of the plant, up to the TCEQ permitted average annual flow of 16,000,000 gallons per day as needed to meet the needs of Anna and its customers. 2.02 Notwithstanding any provision of this Contract, if Anna fails to timely commence construction of the Wastewater Treatment Plant, then Customer may proceed to terminate 6 this Contract in accordance with the procedures and requirements of Article 17. Notwithstanding any provision of this Contract, if Anna fails to timely complete construction of the Wastewater Treatment Plant, then Customer may proceed to terminate this Contract in accordance with the procedures an requirements of Article 17. The term “commence construction” as used in this paragraph means to commence the work of constructing any part of the Wastewater Treatment Plant or the site of said plant: (i) with all approvals thereof required by Anna obtained as necessary; (ii) after a notice to proceed has been issued to Anna’s contractor(s); and (iii) onsite construction of the site development components (such as drainage, grading or utilities) is underway. The term “complete construction” as used in this paragraph means to have constructed the Wastewater Treatment Plant and all of its components to the extent necessary to allow for the Customer Annual Amount of Flow from Customer’s System into the Approved Connection Point(s). 2.03 Anna hereby grants to Customer, conditioned upon compliance with the terms and conditions contained herein, permission to connect Customer’s System to the Anna System for the term of this Contract and provided that Customer is not in material breach of any provision of this Contract. 2.04 Anna agrees to accept all conforming and lawfully acceptable Wastewater delivered by Customer in accordance with this Contract to all Approved Connection Point(s), collectively, and at such additional points as the Parties may mutually agree upon, in writing, at a later time. Customer agrees to deliver all of its Wastewater flows from the area depicted in the Basin Map, attached as Exhibit “B”, to Anna unless otherwise approved in writing by Anna. 2.05 The cost of all Delivery Facilities necessary to convey Wastewater to the designated Approved Connection Points, whether shown on Exhibit “B” or mutually agreed upon at a later date by the Parties, together with the cost of connection of the Customer System to the Anna System, shall be borne solely by Customer, including the cost of acquisition of any necessary rights-of-way and easements to and from such Delivery Facilities; provided, however, Anna does hereby consent (subject to feasibility as determined by the Director) to Customer installing any portion of Customer’s System in right-of-way or wastewater system easements granted to Anna. Customer shall provide Anna with sixty days written notice before installing any portion of the Customer System in a right-of-way or wastewater system easement granted to Anna, and shall coordinate all work with the Director and all appropriate Anna departments. In the event Anna requests Customer to increase the size of any such Delivery Facility in order to serve areas outside of Weston’s CCN, the difference in the cost of the Delivery Facilities attributable to the size increase shall be at Anna’s expense. 2.06 Unless mutually agreed to, in writing, by Anna and Customer, Customer shall be responsible for the design, construction, and financing of Customer’s System and the 7 Delivery Facilities including the cost of and acquisition of any necessary rights-of-way and easements to and from such facilities. All designs, materials, and specifications shall, at a minimum, conform to the City of Anna’s applicable requirements as well as applicable state law and regulatory requirements in all respects. Plans and specifications for any Delivery Facility connecting to the Anna System shall be submitted to the Director for written approval in advance of construction of same, which approval shall not be unreasonably withheld. Without limiting the foregoing, no construction of any portion of Customer’s System that may be located on Anna’s property may begin until the Director has approved the plans and specifications for the work. Customer agrees that Anna has the right to make periodic inspections during the construction phase of the Delivery Facilities. Final acceptance of each facility is subject to the inspection by and written approval of the Director. 2.07 Customer agrees not to provide service to any user or users that, singly or in combination, would discharge more than 13,500,000 million gallons per day into the Anna System or that would cause Customer’s daily flow to Anna to exceed 3,300,000 gallons per day (monthly average) without first providing written notice to Anna and receiving written approval in advance from Anna. Article 3. Maintenance of Customer System 3.01 Customer agrees to maintain Customer’s System in good and working condition and to make all necessary repairs in a timely manner. Anna shall not have any responsibility or liability for the operation of the Customer’s System, it being Customer’s sole responsibility to provide adequate facilities to deliver its Wastewater to the Anna System. Customer shall also promptly comply with any permit requirements, environmental regulations, and any other laws or regulations, whether state or federal, applying to Customer’s System. Article 4. Metering and Sampling Facilities 4.01 Unless otherwise agreed to in writing, Anna shall have the option to construct Customer Metering and Sampling Facilities not in existence as of the Effective Date. Upon exercising this option, Anna shall inform Customer, and Customer shall acquire a site reasonably acceptable to Anna. All reasonable construction costs incurred by Anna, including, but not limited to, site preparation, design and engineering, construction, and equipment for such facilities, together with the costs of necessary easements and rights of way, shall be fully reimbursed to Anna by Customer. Any costs incurred by Anna associated with any necessary modifications of a Metering and Sampling Facility to accommodate a complete initial installation satisfactory to Anna shall also be fully reimbursed to Anna by Customer. 8 4.02 On the Effective Date, or, if the Metering and Sampling Facilities have not been constructed as of the Effective Date, on such later date as the construction and installation of the Metering and Sampling Facilities are complete, Customer shall transfer ownership of all Customer Metering and Sampling Facilities to Anna at no cost. 4.03 If additional Approved Connection Points are agreed to be added to deliver Customer’s Wastewater to the Anna System and Anna declines to exercise its option to construct additional Metering and Sampling Facilities for same, Customer shall construct Metering and Sampling Facilities for each such Approved Connection Point at Customer’s sole cost. 4.04 The Metering and Sampling Facilities shall be designed and engineered in a manner satisfactory to Anna. Customer shall transfer ownership of such newly constructed facilities at no cost to Anna. 4.05 Customer shall provide Anna with all necessary access easements and rights of way in a form satisfactory to Anna. Customer shall provide Anna a perpetual route of ingress and egress to Metering and Sampling Facilities, which shall be accessible by Anna at all times without notice. 4.06 Anna shall have the right to inspect and approve the Metering and Sampling Facilities prior to accepting the transfer. Anna’s approval and acceptance of the Metering and Sampling Facilities shall not be unreasonably withheld. In the event Anna rejects the transfer, it shall provide Customer a written notice of the deficiency Customer must correct before proceeding with the transfer of the Metering and Sampling Facility in question. 4.07 Upon accepting the transfer of a Metering and Sampling Facility, Anna shall have the sole authority and exclusive right and license to enter, use, operate, and maintain the Metering and Sampling Facilities. Anna shall thenceforth be solely responsible for the operational and maintenance responsibilities associated with said facilities. Anna also shall have the discretion to construct improvements, expansions, and replacements to the Metering and Sampling Facilities as a System Cost and at the timing of Anna's needs, provided, however, that Anna shall permit Customer to review proposed construction, expansion, and replacement plans. Customer will grant and provide to Anna such permits or easements as are necessary for the continuous operation and maintenance of all Metering and Sampling Facilities. All such costs incurred by Anna for the operation, maintenance, construction, expansion or replacement of Customer Metering and Sampling Facilities shall be considered System Costs. 4.08 Expenses incurred by Anna for the operation and maintenance of Customer Metering and Sampling Facilities are System Costs and shall include, without limitation, the following: 9 a. Cost of electricity at the facilities; b. Cost of the installation and maintenance of the telemetry service at the facilities and to the control center and all costs of maintaining connectivity, including access or lease charges; c. Cost of calibration and field measured velocity profiles; d. Cost of parts, materials and supplies required for repairs, calibrations, and upgrading of the facilities; e. Labor cost plus fringe benefits and indirect costs for repairs, calibrations, and upgrading of the facilities; f. Maintenance costs of ingress and egress and meter facility site; g. Administrative costs, including record and book keeping, overhead, and rate setting costs; and h. Any additional monitoring to ensure compliance with state and federal regulations governing Wastewater treatment. 4.09 Replacement of facilities described in this Article 4 or equipment therein occasioned as a result of obsolescence due to age, excessive maintenance, growth or other reasons as determined by the Director shall be a System Cost. Any replacement facility or equipment therein shall comply with Anna’s standards and specifications. 4.10 Anna shall have the sole right to secure the Metering and Sampling Facilities in order to prevent tampering or other interference with the facility. Anna shall have the sole right to control access to the facilities. 4.11 Customer may request permission, in writing, to inspect a particular Metering and Sampling Facility once per month. Anna shall, upon receiving a written request from Customer, coordinate with Customer to set an appointment during normal business hours and within three (3) business days after receiving the written notice. At the appointed date and time, Anna will accompany and allow Customer to enter and inspect the Metering and Sampling Facilities. 4.12 Customer may request that Anna test the accuracy of each meter once per quarter; otherwise, Anna shall test each meter at least once per year. Any reading, Calibration or adjustment to such metering equipment shall be done by employees or agents of Anna. Anna shall notify Customer at least seventy-two (72) hours in advance of the date and time for any testing, reading, calibration or adjustment, and Customer may have personnel 10 present to observe, if so desired, by sending Anna written notice of its intention to do so. Anna shall, upon receiving a written notice from Customer, coordinate with Customer to set an appointment during normal business hours and within ten (10) business days after receiving the written notice. At the appointed time, Anna will allow Customer’s personnel to enter and observe Anna’s employees or agents conduct the appropriate tests to measure the accuracy of the meter. Anna shall have the right to conduct its own tests or Calibration without notice and at any time it deems appropriate. 4.13 Customer must present any complaint or request for adjustment based on meter accuracy in writing to Anna no later than fifteen (15) days after the test was completed or any such complaint or request is waived. If Customer fails to test or request a test of a meter during a given quarter, Customer waives any complaints, disputes, or claims regarding meter accuracy for that quarter and all preceding quarters. Article 5. Rights-of-Way 5.01 Customer shall grant, without charge to Anna, such easements, rights-of-way or other necessary property rights along public streets, alleys or other property owned by Customer, to the extent lawful and as reasonably necessary, to construct or maintain facilities to provide Wastewater collection. Whenever it is deemed necessary by Anna to remove, alter, change, adapt or conform any portion of Customer’s System located on property owned by Anna, such alterations shall be made by Customer at Customer’s expense within thirty (30) days from the issuance of written notice to Customer to make the alterations unless a different schedule has been approved by Anna in writing. All work done by or on behalf of a Party under this paragraph will be performed in accordance with specifications equal to those applying to work of a similar nature performed by such Party, but neither Party will be required to restore the other’s property to a condition exceeding its original condition, unless otherwise mutually agreed upon in writing. Anna and Customer agree to coordinate the location of the mains and facilities in the other’s easements and rights-of-way in order to prevent conflicts insofar as reasonably practicable. Article 6. Metering and Sampling 6.01 All Flow discharged into the Anna System by Customer shall be metered. Regardless of any change in the area covered by any CCN held by Customer, the area covered by Customer’s Service Area as defined in this Contract shall not increase unless by mutual written agreement signed by Anna and Customer. 6.02 Anna shall enter all readings of meters into data collection systems that Anna shall maintain. Customer shall have access to such records during reasonable business hours and 11 shall be furnished with monthly totalizer readings for each Approved Connection Point Metering and Sampling Facility. 6.03 Anna shall calibrate and service the meters no less than once during each twelve (12) month period. Copies of the results of such Calibration and all related information will be provided to Customer on request. 6.04 Subject to the provisions of Section 4.13, after a calibration is completed, if it is determined that a meter is under-metering or over-metering Flow by more than 5%, the registration of the Flow as determined by the meter shall be corrected for a period extending back to the time such inaccuracy began, if such time is ascertainable; or, if such time is not ascertainable, then for a period extending back one-half of the time elapsed since the date of the last Calibration. Notwithstanding the foregoing or any other provision of this Contract, any correction made under this paragraph shall in no event extend further back than a period of twelve months. 6.05 If any meter used to determine volume from Customer is out of service or out of repair or otherwise incapable of providing any information that would allow the Parties to ascertain or compute the amount of Flow, the Flow delivered through the period such meter is out of service, out of repair or otherwise incapable of providing Flow information shall be the average Flow of the last twelve (12) months plus three percent, divided by three- hundred and sixty-five, and the result multiplied by the number of days the meter is out of service or out of repair. 6.07 Anna shall periodically determine the quality of the Wastewater at the Metering and Sampling Facilities or other agreed upon sampling points for the purposes of billing for the Strength of the Wastewater. The sampling and testing shall occur on a random basis once per month. To determine the quality of the Wastewater, Anna shall collect twenty-four (24) hour time-weighted or flow-weighted composites for a period of not less than one twenty- four (24) hour period per month for a total of twelve (12) sampling periods per year. If, at the request of Customer or as directed by the Director, more extensive monitoring is desired, such additional monitoring shall be paid for by the Party making the request and shall be done as provided in this section. If Customer requests such additional monitoring, Anna shall invoice Customer for the costs of collecting and testing the additional samples. Customer shall pay for the additional sampling, including additional monitoring, collecting and testing samples, within ten days after receipt of the invoice. Anna shall analyze the samples collected in accordance with Standard Methods and will provide analysis reports to the Customer, if requested. 6.08 If in the opinion of the Director, further monitoring of the Wastewater is desirable to ensure ongoing compliance with state and federal regulations, the Director may order that additional monitoring be performed with or without prior notice to Customer. Compliance monitoring is in addition to the periodic sampling set forth in Section 6.7. All 12 information obtained as a result of such compliance monitoring shall be provided to the Customer upon request. Anna will provide notice of such compliance monitoring to Customer within a reasonable time after obtaining the results of testing. 6.09 All costs incurred by Anna under this Article are System Costs. Article 7. Rates, Charges, and Surcharges 7.01 Wholesale Wastewater rates established hereunder will be determined based upon cost-of-service analysis to be performed by or on behalf of Anna no less than one time per year using the methodologies and principals generally accepted within the industry and detailed further herein, as applicable, and which are generally being utilized by the City to set the rate for wholesale wastewater service to municipal customers located outside the corporate limits of the City. The cost of such analysis is a System Cost. 7.02 The Parties agree that the methodologies and principals used to conduct a cost-of- service analysis shall be those generally accepted within the industry as promulgated by the Water Environment Federation within the WEF Manual of Practice No. 27, Financing and Charges for Wastewater Systems, as revised, and which are generally being utilized by the City to set the rate for wholesale wastewater service to municipal customers located outside the corporate limits of the City. Notwithstanding the forgoing, the Parties agree the following methodologies and principals will apply until agreed otherwise in writing: a. The cost of service for the service class shall include allocated reasonable and necessary operation and maintenance expenses based on the then-adopted and approved budget for the Anna System, budgeted debt service including principal and interest payments, capital outlay and budgeted funds necessary to comply with Anna’s established financial policies such as, but not limited to, operating cash reserves, externally required or internally adopted debt coverage requirements, repair and replacement reserves, and any other reserve requirements that may be necessary to maintain the financial stability of the Anna System. b. The initial rate for this Contract shall be $6.49. The initial rate is per 1,000 gallons. Anna shall provide Customer with written notice, no later than July 31st of each year, of any proposed rate change in order to allow Customer sufficient time for budgeting purposes. A failure to provide such written notice shall postpone the effective date of the rate increase to October of the following year. Any challenge to a rate established by the Anna City Council must be brought within ninety days of its adoption. 7.03 [Reserved]. 13 7.04 Any challenge to a rate, surcharge or fee established by the Anna City Council must be brought within ninety (90) days following Customer’s receipt of notice of its adoption by submitting a written objection in accordance with the applicable provisions of Article 24 of this Contract or such challenge is waived. 7.05 An additional charge shall be due for any discharge through Point of Entry that exceeds the maximum Strength allowed to Customer. The surcharge for each mg/l of BOD in excess of 250 mg/l and for each mg/l of total suspended solids (“TSS”) in excess of 250 mg/l shall be assessed. The excess Strength determination will be based on monthly sampling. 7.06 Customer agrees that the Anna City Council has the right to revise, by ordinance, the allowable discharge Strengths, consistent with applicable state and federal laws and regulations and applicable permit requirements (provided that the strength allowed shall be no less than the strength generated from a typical single family residence). At the Effective Date of this Contract, the allowable discharge Strength is 250 mg/l for BOD and 250 mg/l for TSS. 7.07 Customer shall pay a surcharge to Anna for concentrations of BOD exceeding 250 mg/l and TSS exceeding 250 mg/l at the rate of 125% of the established rate, based on a 30 day average. The surcharge will be calculated each month. It will be based on the rate of Non-Standard Discharge for that month. The surcharge will be assessed the entire month for each portion of the month that discharges from Customer exceed applicable limits, whether classified as Non-Standard Discharges or otherwise. 7.08 Bills for Wastewater service are submitted to Customer on a monthly basis. Amounts billed are due and payable not more than thirty (30) days after the billing date. Bills will show current charges, as well as past-due charges, if any. Current charges includes the amount due for service provided since the prior billing period. Past-due charges is the total amount unpaid from all prior billings as of the current billing date. Payments received by Anna shall first be applied to the past-due charges, if any, and thereafter to the current charges. Any challenge to a billing must be submitted, in writing, to Anna within thirty (30) days of the billing date, or any objection to the billing is waived. 7.09 If Customer disputes a bill, it shall nevertheless continue to promptly make the disputed payment or payments. Dispute of a bill is not grounds for non-payment. Notwithstanding the provisions of Chapter 2251 of the Texas Government Code, in the event a payment is not paid as specified in this Contract, a finance charge of the lower of 10%, per annum, or the maximum rate allowed by law, per annum, will be calculated from the date that the payment was required to be made. In the event the amount finally determined to be due is less than the full amount of the disputed bill, then the amount found to be in excess of the amount due will be credited to the Customer's account together with any interest on the credited amount of the disputed bill. 14 7.10 [Reserved]. 7.11 Customer agrees, throughout the term of this Contract, to continuously operate and maintain its waterworks system, and to fix and collect such rates and charges for Wastewater service as will produce revenues in an amount equal to at least (i) all of its operation and maintenance expenses of such system, including specifically its payments under this Contract; and (ii) all other amounts as required by law and the provisions of the its revenue bonds or other debt obligations now or hereafter outstanding, including the amounts required to pay all principal of and interest on such bonds and other obligations. 7.12 The Parties agree that the rates established in accordance with this Contract are reasonable and in the public interest, and that any change in the rates under this Contract shall be necessary (1) to avoid impairing the ability of Anna to continue providing Wastewater service, (2) to avoid casting an excessive burden on other customers or users of the Anna System, and (3) to avoid being unduly discriminatory to or among customer classes. Customer reserves the right provided under Article 7 and Article 24 to challenge Anna rate adoption. Customer acknowledges that it has entered into this Contract willingly after determining--after considering alternative sources and methods of providing for its Wastewater needs--that entering into this Contract is in the best interests of Customer and its constituent users. 7.13 Customer represents and covenants that all payments made by it under this Contract shall constitute reasonable and necessary operating expense of its Customer System and that all such payments will be made from its current revenues. Customer represents and has determined that the Wastewater service to be obtained from the Anna System is absolutely necessary and essential to the present and future operation of its Wastewater system. Accordingly, all payments required by this Contract to be made by Customer shall constitute reasonable and necessary operating expense of its respective system as described herein, with the effect that the obligation to make such payments from revenues of such systems shall have priority over any obligation to make any payments from such revenues (whether of principal, interest, or otherwise) with respect to all bonds or other debt obligations heretofore or hereafter issued by Customer. 7.14 Upon the occurrence of Customer’s first failure to pay any amount billed for service under this Contract, which amount remains unpaid for more than sixty (60) days after its due date, Customer agrees to establish a security fund to be held in trust by Anna in the amount of three (3) month’s average billings, from which Anna may withdraw funds to secure payment of the billing. Customer shall thereafter immediately replenish and restore the account to the required amount and maintain the full balance required in the fund for the remainder of the term of this Contract, notwithstanding Anna’s withdrawals to satisfy billings remaining unpaid for more than sixty (60) days after the due date. 15 7.14.1 In the event that the security fund is not established, at the expiration of sixty (60) days after such amounts are due, Customer shall be in default under this Contract, and Anna may invoke the remedies specified herein or otherwise available by law. 7.15 The security fund described in Section 7.14 shall be deposited with the Anna City Manager in cash, in the form of an unconditional, irrevocable standby letter of credit, a performance/surety bond, or other instrument or security in a form acceptable to the Anna City Attorney. The letter of credit, bond, or other instrument shall in no event require the consent of Customer prior to the collection by Anna of any amounts covered by the letter of credit, bond, or other instrument. 7.16 Customer acknowledges that it will accrue no equity or any other interest in the Anna System or any other assets of Anna as a result of payment or other performance pursuant to this Contract. 7.17 Except as specifically provided herein, no other fees shall be due and payable by Customer to Anna for wastewater service. In particular, neither Customer nor any retail customer located within the Property (as described in Exhibit “A”) shall be required to pay to Anna any “impact” or “capital recovery fee” related to wastewater conveyance or treatment capacity or service. Article 8. Industrial Connection and Monitoring 8.01 Customer agrees that it will, at the time of execution and throughout the term of this Contract, identify and locate all possible Significant Industrial Users and report them to Anna. Any compilation, index or inventory of Significant Industrial Users shall be made available to Anna, United States Environmental Protection Agency, TCEQ, or their respective successor agencies upon request. 8.02 Customer agrees that it will not permit any Significant Industrial User within its jurisdiction to connect directly or indirectly either to Customer’s System or to the Anna System without at least thirty days’ prior written notification to the Director of such intent to connect. Such notification shall provide the Director with information pertaining to volume and composition of Flow from the Significant Industrial User, and further information as may be requested by the Director. 8.03 Customer agrees to conduct all monitoring, sampling, and inspection of Customer’s System and Significant Industrial Users as necessary to ensure that Industrial Waste introduced into Customer’s System meets the quality standards set out in Article 9 of this Contract. Upon request to Customer, a representative of Anna will be permitted to observe Customer's collection of samples from Significant Industrial Users. Customer agrees to furnish Anna separate duplicate samples for independent testing and shall provide the 16 Director the sample analysis results and pretreatment records within fifteen days of receipt of laboratory reports from a Significant Industrial User. 8.04 Customer agrees that Anna shall have the right to sample Wastewater at all Approved Connection Points and such other locations as may be necessary to determine the volume and quality of Wastewater entering the Anna System. Anna shall have sole authority to determine whether sampling at a location other than an Approved Connection Point is necessary. Customer agrees to disconnect from its system any of its users found to be in violation of allowable discharges or who refuses access to facilities for the purpose of sampling Wastewater being discharged into the Customer System or who is otherwise suspected of making a Prohibited Discharge or other unauthorized or illegal discharge; provided, however, that the disconnected user shall be afforded the same rights, privileges of appeal, and deficiency cure periods as are Significant Industrial Users operating within Anna's jurisdiction. 8.05 Following notice to Customer by Anna, Customer grants to Anna the right to enter Customer's jurisdiction if Anna determines that questionable discharges or Prohibited Discharges are entering the Anna System from the Customer System. Customer agrees to assist Anna in locating and eliminating any Prohibited Discharge or otherwise illegal discharge. Article 9. Wastewater Quality 9.01 As a condition of receiving and continuing to receive Wastewater treatment services under this Contract, Customer agrees that, prior to connecting to any Approved Connection Point, it shall enact and enforce such ordinances, rules, orders or other lawful means of enabling Customer to enforce within its jurisdiction regulations governing Industrial Waste which are at least as stringent as the Wastewater-related provisions of Chapter 12 of the Anna Code and any amendments thereto, and any applicable state or federal regulations relating to discharged substances; (2) Prohibited Discharge; (3) Pretreatment Requirements; (4) industrial discharge permitting systems; and (5) industrial self-monitoring reports. The operation of Customer’s System shall in all respects comply with federal and state laws applicable generally to Publicly Owned Treatment Works and with all terms and conditions contained in any permit issued by a federal or state authority regarding Customer’s System. 9.02 Article 12.04 and Article 12.06 of the Anna Code are incorporated into this Contract as if fully set forth herein. Anna shall endeavor to provide Customer with a copy of any proposed amendments to those provisions at least sixty days prior to the presentation of such amendments to the Anna City Council, if reasonably possible, during which time Customer shall have an opportunity to review such amendments and provide written comments to Anna. On or before the effective date of any such amendments, Customer 17 shall adopt appropriate conforming ordinances, rules, orders or other lawful means of enabling Customer to enforce within its jurisdiction the provisions of Anna Code Article 12.04 and Article 12.06. 9.03 Customer agrees that the quality of the Wastewater discharged into the Customer System shall be equal to or better than the quality standards established by the Anna CityCode of Ordinances, including amendments thereto, or any applicable state or federal law or regulation or permit requirements applicable now or in the future to Anna’s System, whichever quality standards are more stringent. Customer shall to the extent allowed by law indemnify, defend and hold Anna harmless to the extent Customer’s failure to ensure the quality of Wastewater discharged into Customer’s System falls below these quality standards or otherwise causes the Anna System to be in noncompliance with any federal, state or local statutes, rules, regulations or permit requirements. If Customer’s System causes the Anna System to be in noncompliance, Customer further agrees to assume responsibility for any repairs, remediation, or other actions necessary to bring the Anna System back into compliance. Customer agrees that, prior to connecting to the any Approved Connection Point, Customer shall secure a general liability insurance policy acceptable to and approved, in writing, by Anna. This insurance policy must be in the amount of at least $5 million and shall cover any costs necessary to bring Anna back into compliance, including payment of any fines, penalties, surcharges or other fees imposed by any state or federal regulatory agency, statute, law, or regulation, should Customer fail to maintain the requisite Wastewater quality standards. 9.04 Customer shall require all Significant Industrial Users within its jurisdiction that ultimately discharge into the Anna System to apply for and obtain a permit from Customer allowing such discharge. Such permit shall require Significant Industrial Users, at a minimum, to abate and not discharge any of the prohibited substances described in Anna Code Article 12.06 as a condition to discharging Wastewater into the Customer System. The permit application shall contain, as a minimum, the following: a. Name and physical address of the Significant Industrial User; b. A description of activities, facilities, and plant processes on the premises of the Significant Industrial User, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW; c. The number and type of employees, hours of operation, hours of discharge and proposed or actual hours of operation of the Significant Industrial User; d. Each product produced by type, amount, process or processes, and rate of production; 18 e. A map of the property showing accurately all sewers and drains; f. The site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drainages, and appurtenances by size, location, and elevation, and all points of discharge; g. Time and duration of all the discharges; h. Any other information as may be deemed necessary by the Director to evaluate the Wastewater discharge permit application; and, i. Plans and specifications sealed by a registered professional engineer detailing all pretreatment facilities and processes including without limitation any grease, oil, or sand interceptors and control manholes. Customer shall provide Anna a copy of these applications promptly upon receipt of same but in no event later than five (5) business days after receipt. Anna may require Customer to deny the application if it determines that the Significant Industriall User is likely to violate any provision of Anna Code Artcile 12.06. 9.05 Customer shall take all necessary steps to mitigate any odors from Customer’s System not attributable to Anna, including but not limited to any odors emitted by air release valves in Customer’s System. Customer shall submit plans and specifications for odor control to Anna for approval prior to constructing a Wastewater line. Customer shall thereafter maintain the odor control as approved. Customer may seek Anna’s approval to modify the odor control mechanisms as better odor control options become available. Article 10. Infiltration and Inflow 10.01 Customer agrees that it has an obligation to prevent, to the extent practical, Infiltration and Inflow into Customer’s System, and to prevent same, to the extent practical, from entering the Anna System. Customer further agrees that all connections within its jurisdiction which ultimately enter into the Anna System will be constructed in accordance with specifications and standards at least equal to those of the North Central Texas Council of Governments Public Works Construction Standards North Central Texas, Fifth Edition, technical specifications and construction standards. Customer covenants and agrees to maintain strict supervision and maintenance of its System to prevent connections through which surface drainage can enter Customer’s System, in order to prevent such drainage from ultimately being deposited into the Anna System. Customer shall not make, nor shall it permit to be made, any connection which will contribute storm water run-off from rainwater spouts, rainwater areas, streets, gutter drains or other Inflow, Infiltration or other non-Wastewater source of Flow into Customer’s System. 19 10.02 Customer agrees that no discount, deduction, allowance or offset shall be provided for any Inflow or Infiltration into Customer’s System, regardless of the source or cause of such Inflow or Infiltration. Customer stipulates that the provisions of this Article may not be waived for any cause, including but not limited to (a) the actions of any third Party that cause or contribute to Inflow or Infiltration; (b) any unusual weather patterns, including any significant changes in rainfall or temperatures; (c) any Acts of God, or (d) any force majeure of any nature whatsoever that causes, contributes to, or otherwise allows Infiltration or Inflow into the Customer’s System. 10.03 Customer agrees that, for the purposes of metering, calculating and billing, all Flow, of whatever kind and from whatever source, including any Infiltration, Inflow, Liquid Waste, and Industrial Wastes, with or without any Suspended Solids, entering the Anna System from Customer’s System shall be treated as Wastewater for which a charge will be made to Customer. Customer agrees that all billing calculations will be based on the total Flow without regard to whether the Flow consists wholly of Wastewater, or contains Inflow, Infiltration, Liquid Waste, or Industrial Waste, with or without any Suspended Solids. Article 11. Sludge Disposal 11.01 Customer recognizes the importance of processing and disposing of sludge in a timely and proper manner. Customer will cooperate with Anna in any environmentally sound sludge processing and disposal program meeting federal and state standards within the area served by Customer. Article 12. Waste haulers 12.01 Customer shall not introduce nor cause, suffer or permit to be introduced, and shall prohibit the introduction of, Liquid Waste into the Customer System by liquid waste haulers, either directly or indirectly. Article 13. Reports and Records 13.01 Customer shall provide to Anna the following data on a quarterly basis: a. The actual number of Customer’s accounts discharging directly or indirectly into the Anna System or Customer System within its service area; 20 b. A classification of domestic and nondomestic accounts within Customer’s service area by number and percentage of accounts discharging directly or indirectly into the Customer System; and c. Additional data which may assist Anna in developing methodology for cost- of-service studies, planning studies for analyzing federal grants, and system access fees; provided, however, that Anna shall not request data that will require Customer to incur unreasonable expenses in providing such data or the production of confidential information. Article 14. Notices 14.01 Any notice, communication, request, reply or advice herein provided or permitted to be given, made or accepted by either Party to the other Party must be in writing and mailed certified U.S. mail, return receipt requested to: City of Anna: City of Anna Attn: City Manager 120 W. 7th Street Anna, Texas 75409 With a copy to: Wolfe, Tidwell & McCoy, LLP Attn: Clark McCoy 2591 Dallas Parkway, Suite 300 Frisco, Texas 75034 Customer: Town of Weston Attn: Mayor P.O. Box 248 Weston, Texas 75097 With copy to: Abernathy, Roeder, Boyd & Hullett, PC Attn: Richard Abernathy 1700 N. Redbud Blvd., Ste. 300 McKinney, Texas 75069-1210 Each party shall provide written notification to the other of any change in address. 21 Article 15. Inspection and Audit of Records 15.01 Complete records and accounts directly or indirectly related to the subject matter of this Contract shall be maintained by each Party for a minimum period of five years or such longer period of time as may be required by applicable law. Each Party shall at all times, upon notice, have the right at reasonable times to examine and inspect records and accounts directly or indirectly related to the subject matter of this Contract during normal business hours; and further, if required by any law, rule or regulation, make the records and accounts available to federal and state auditors. Article 16. Consent 16.01 Whenever, under the terms of this Contract, Anna is permitted to give its written consent or approval, Anna, in its discretion, may give or may refuse such written consent or approval and, if given, may restrict, limit or condition such consent or approval in any manner it shall deem advisable; however, consent will not be unreasonably withheld. Anna’s consent must be provided in writing and from a person authorized to act on Anna’s behalf. Article 17. Breach of Contract/Remedies 17.01 Any material breach of the duties or the obligations of this Contract, or failure to faithfully keep and perform any of the terms, conditions and provisions hereof shall be subject to the remedies provided by law, including but not limited to termination. The non- breaching Party shall provide the breaching Party ninety days written notice of its intention to terminate this Contract if the breaching Party fails to cure the material breach. The written notice shall include a reasonable description of the breach. If the Customer is the breaching Party, and fails or refuses to cure the breach, then Anna shall have the right, with three years advance written additional notice to Customer and without any liability whatsoever on the part of Anna, to declare this Contract terminated at the end of such three year period. In the event of termination of this Contract, all rights, powers, and privileges of Customer shall cease and terminate and Customer shall make no claim of any kind whatsoever against Anna, its agents or representatives, by reason of such termination or any act incident thereto. In the event Anna gives notice of termination, and Customer subsequently cures the material breach, Anna may, in its sole discretion, withdraw the termination notice. In any event, the non-breaching Party shall advise the alleged breaching Party in writing immediately upon acceptance of the cure of any default. The following shall, without limitation, be considered to be a material breach: 22 a. Customer’s failure to adopt and enforce policies or standards necessary to enforce any applicable Anna ordinances, or any applicable state or federal laws or regulations; b. Customer’s failure to pay any bill, charge or fee as provided for in this Contract; c. Customer’s making any connection to the Anna System at any point except as provided in Section 2.03; d. Customer’s failure to provide Anna ingress and egress for purposes of sampling and operation and maintenance of any metering or any sampling facility; e. Customer’s failure to provide Anna rights-of-way as required herein; f. Customer’s failure to permit any sampling of Wastewater as provided for herein; g. Customer’s failure to disconnect Customer’s Industrial Users pursuant to Section 8.04; h. Customer’s failure to abide by Significant Industrial User requirements outlined in Article 8; i. Customer’s failure to maintain the quality of discharge required by Article 9; j. Customer’s failure to comply with Article 19 of this Contract; or k. Anna’s failure to timely provide the necessary Wastewater service to serve the Customer in a volume of Flow not to exceed the Customer Annual Amount of Flow. 17.02 Failure to provide notice of breach is not waiver - Anna. Anna’s failure to provide a notice of breach or acceptance of any benefits under this Contract for any period of time after Customer’s material breach, default or failure is not a waiver by Anna of any rights relative to any subsequent material breach, default or failure. 17.03 Failure to provide notice of breach is not waiver - Customer. Customer’s failure to provide a notice of breach or acceptance of any benefits under this Contract for any period of time after City’s breach, default or failure is not a waiver by Customer of any rights relative to any subsequent material breach, default or failure. 23 17.04 If a Party is in default under this Contract, then the non-defaulting Party shall, whether or not the termination provisions of this Article 17 have been invoked, be entitled to all remedies available under applicable law including, but not limited to, specific performance, injunctive relief, mandamus relief, and damages; and termination as provided in Section 17.01. 17.05 Each Party hereto acknowledges that this Contract is for the providing of goods and services to the other Party and, pursuant to Section 271.151, Texas Local Government Code, each has waived its immunity from suit solely for the purpose of the other Party enforcing the express terms, conditions, and obligations of this Contract. Article 18. Ownership and Liability 18.01 No provision of this Contract shall be construed to create any type of joint or equity ownership of any property, any partnership or joint venture, nor shall same create any other rights or liabilities. Customer payments (whether past, present, or future) will not be construed as granting Customer partial ownership of, pre-paid capacity in, or equity in the Anna System. 18.02 Liability for damages arising out of the transportation, delivery, reception, treatment, and disposal of all Wastewater discharged into the Anna System shall remain with the Customer, together with title and ownership thereto, until such Wastewater passes through the Approved Connection Point(s), at which time title, ownership and liability for such damage shall pass to Anna, save and except that title to any Prohibited Discharge and any liability therefor shall not pass to Anna unless such Prohibited Discharge originated in the Anna System. Any effluent produced by and discharged by Anna from any treatment plants owned or operated by Anna shall be owned by Anna, regardless of originating source of Wastewater. 18.03 Contracts made and entered into by either Customer or Anna for the construction, reconstruction or repair of any Delivery Facility shall include the requirements that the independent contractor must provide adequate insurance protecting both the Customer and Anna as insureds. Such contracts must also provide that the independent contractor covenant to indemnify, hold harmless and defend both the Customer and Anna against any and all suits or claims for damages of any nature arising out of the performance of such contracts, and include any other provisions required by federal, state, or local laws or regulations. Article 19. Compliance with Permit Conditions 24 19.01 Customer acknowledges that Anna is the holder of discharge permits issued by the United States and the State of Texas. Customer agrees that it will comply with all such permit conditions in any way relating to the System and the discharge into the System. Customer agrees that in the event a fine is assessed against Anna for any violation of any permit condition, and the violation is the result of any act of omission or commission by Customer, the amount of the fine will be assessed to Customer and Customer shall pay to Anna the amount of such fine. If such fine is not attributable to a specific customer, such fine shall be considered a System Cost and allocable to the Customer in accordance with the provisions of this Contract. Article 20. Term of Contract 20.01 This Contract shall continue in force and effect for a period of twenty (20) years from the Effective Date hereof and shall be subsequently extended automatically for additional ten-year terms until terminated by either Party in accordance with the terms hereof. A Party wishing to terminate this Contract pursuant to this Article 20 must give the other Party no less than three (3) years advance written notice of its intent to terminate at the end of the current term. 20.02 The provisions of this Article 20 shall not apply to a Party seeking to terminate this Contract for cause as set forth in Article 17, or timely exercising the right to terminate set forth in Section 24.04 of this Contract. Article 21. Force Majeure 21.01 No Party hereto shall be considered to be in default in the performance of any of the obligations hereunder (other than obligations of either Party to pay costs and expenses) if such failure of performance shall be due to circumstances beyond the reasonable control of the Parties, including but not limited to, the failure of facilities, flood, earthquake, tornado, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute and action or non-action by a failure to obtain the necessary authorizations and approvals from any governmental agency or authority or the electorate, labor or material shortage, sabotage, or restraint by a court order or public authority, which by the exercise of due diligence and foresight the Party could not have reasonably been expected to avoid and which by exercise of due diligence it shall be unable to overcome. Either Party rendered unable to fulfill any obligation by reason of an uncontrollable force shall exercise due diligence to enable fulfillment of its obligations under this Contract. 21.02 As noted in Article 10 of this Contract, this Force Majeure provision shall not be applicable to any claims by Customer regarding Inflow or Infiltration. 25 21.03 In the event the proper operation of the Anna System, as a result of the circumstances described in Section 21.01, requires Anna to temporarily interrupt all or part of the services to Customer, Customer shall not recover any damages from Anna arising from or related to the temporary interruption of services, including, but not limited to, any direct or consequential damages. Article 22. Effective Date 22.01 This Contract, together with all terms and conditions and covenants, shall take full force and effect on date stated in the first paragraph of this Agreement. Article 23 Miscellaneous 23.01 This Contract is subject to all applicable federal and state laws and any applicable permit requirements, ordinances, or amendments adopted pursuant to Article 9, and all applicable rules, orders, and regulations of any state or federal governmental authority having or asserting jurisdiction, but nothing contained herein shall be construed as a waiver of any right to question or contest any such law, ordinance, order, rule or regulation in any forum having jurisdiction, or of any right to appeal any decision or ruling by same. 23.02 Customer agrees to abide by any changes in this Contract made necessary by any amendment or revision to state or federal regulations. 23.03 In each instance herein where reference is made to a federal or state regulation or statute or to the Anna City Code of Ordinances, it is the intention of the Parties that, at any given time, the then current federal or state regulation or statute or Anna ordinance shall apply. If a publication or reference work referred to herein is discontinued or ceases to be the generally accepted work in its field, or if conditions change, or new methods or processes are implemented by Anna, new standards shall be adopted that are in compliance with state and federal laws and any valid rules and regulations pursuant thereto. 23.04 Anna shall comply with all federal, state and local government requirements necessary to obtain grants and assistance for system design, system construction and studies. Customer agrees to assist Anna in compliance by setting adequate rates, establishing proper user charges and complying with governmental requirements. 23.05 All exhibits to this Contract are incorporated herein by reference for all purposes wherever reference is made to the same. 23.06 Section or article headings in this Contract are for convenience only and do not purport to accurately or completely describe the contents of any section or article. Such 26 headings are not to be construed as a part of this Contract or any way defining, limiting or amplifying the provisions hereof. 23.07 This Contract constitutes the sole and only agreement between Customer and Anna and supersedes any prior understanding or oral or written agreements between Customer and Anna with respect to the subject matter of this Contract. 23.08 This Contract shall inure only to the benefit of the Parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third-party beneficiary of this Contract. Each Party hereto shall be solely responsible for the fulfillment of its customer’s contracts or commitments, and Anna shall not be construed to be responsible for Customer’s contracts or commitments by virtue of this Contract or any provision contained herein. 23.09 Customer shall neither assign any of the rights or obligations of this Contract nor contract with individual or entity located outside Customer’s boundaries to connect to Customer’s System without Anna’s prior written approval. 23.10 Each Party shall provide the other Party with a copy of the minute action, order, ordinance or resolution authorizing the execution of this Contract. 23.11 The interpretation, performance, and enforcement and validity of this Contract are governed by the laws of the State of Texas. Venue will be in a court of appropriate jurisdiction in Collin County, Texas. 23.12 No amendment of this Contract shall be effective unless and until it is duly approved by each Party and reduced to a writing signed by the authorized representatives of the Parties, respectively, which amendment shall incorporate this Contract in every particular not otherwise changed by the amendment. 23.13 If any provision of this Contract is illegal, invalid, or unenforceable, under present or future laws, it is the intention of the parties that the remainder of this Contract shall not be affected and this Contract shall be construed as if such invalid, illegal and/or unenforceable provision had never been contained herein. 23.14 By execution of this Contract, neither Customer or Anna waives or surrenders any of their governmental powers, immunities, or rights except as expressly set forth in this Contract. Nothing in this Contract shall be construed as creating or giving rise to any rights in any third parties or any persons other than the Parties hereto. Nothing in this Contract is intended to delegate or impair the performance by either Party of its governmental functions. 23.15 This Contract may be executed in multiple originals, each of equal dignity. 27 Article 24. Step Dispute Resolution 24.01 Disputes other than Rate or Fee disputes. In accordance with the provisions of Subchapter I, Chapter 271, Tex. Local Gov’t. Code, the Parties agree that, prior to instituting any lawsuit or other proceeding arising from a dispute under this Contract, the Parties will first attempt to resolve the dispute by taking the following steps: (1) a written notice substantially describing the nature of the dispute shall be delivered by the dissatisfied Party to the other Party, which notice shall request a written response to be delivered to the dissatisfied Party not less than five days after receipt of the notice of dispute; (2) if the response does not reasonably resolve the dispute, in the opinion of the dissatisfied Party, the dissatisfied Party shall give notice to that effect to the other Party whereupon each Party shall appoint a person having authority over the activities of the respective Parties who shall promptly meet, in person, in an effort to resolve the dispute; and (3) if those persons cannot or do not resolve the dispute, then the Parties shall each appoint a person from the highest tier of managerial responsibility within each respective Party, who shall then promptly meet, in person, in an effort to resolve the dispute. Any suit filed prior to performing these steps shall be abated pending completion of this step process. This Section shall not apply to any disputes regarding rates or fees Anna charges Customer. 24.02 Rate or Fee Disputes. Customer agrees that, as a condition precedent to instituting any lawsuit or other proceeding arising from a rate or fee dispute (including any surcharges Anna may assess) under this Contract, Customer shall first attempt to resolve the dispute by taking the following steps: a. Customer shall deliver a written notice substantially describing the nature of and reasons for the dispute to Anna; b. Anna shall respond to the dispute notification in writing within ten business days after receipt of the notice of dispute; c. if Customer does not believe Anna’s response reasonably resolves the dispute, Customer may, within ten business days after receipt of Anna’s response, request, in writing, that the Anna City Council consider the rate or fee dispute; and d. Anna shall, within ten business days of receipt of Customer’s written request that the Anna City Council consider the dispute, place the matter on the Anna City Council agenda for either a regular or special meeting. 24.03 Customer shall appear before and have one hour to present any evidence and arguments it has regarding the rate or fee dispute to the Anna City Council. The Anna City Council shall issue a written final decision regarding the rate or fee dispute within ten 28 business days after Customer’s appearance and said decision shall be final subject to any remedy Customer may have under applicable law. The date on which such written final decision is received by Customer shall be the date of notice of Anna’s rate decision. Article 25. Exhibits 25.01 The following Exhibits are attached to and made a part of this Contract, and are incorporated by reference for any and all purposes wherever reference is made to same: Exhibit “A” – The legal description of the Property. Exhibit “B” –The Basin Map, including the location of the initial Approved Connection Points at the time this Contract is executed. Exhibit “C” – An example of the methodology Anna shall use to calculate the cost of service. Exhibit “D” – Proposed wastewater flow from the Town of Weston to the City of Anna Exhibit “E” – Preliminary 5-year rate estimate Exhibit “F” – Metering and Sampling Facility Information Executed on this _____ day of _____________ 2025. CITY OF ANNA ____________________________ Ryan Henderson City Manager Attest ____________________________ Carrie L. Land, City Secretary 29 Executed on this _____ day of ______________ 2025. TOWN OF WESTON ____________________________ _____________, Mayor Attest ____________________________ __________________, Town Secretary 30 EXHIBIT A THE PROPERTY 31 EXHIBIT B BASIN MAP, INCLUDING APPROVED CONNECTION POINTS 32 EXHIBIT C AN EXAMPLE OF THE METHODOLOGY ANNA SHALL USE TO CALCULATE THE COST OF SERVICE An example of the methodology Anna shall use to calculate the cost of service once the conditions of Section 7.03 are met. *Note: In FY24-25 and FY25-26, Debt Service Interest & Principal for the construction of the facility is only partially included in the rate calculation. The portions not included are being funded solely by the City of Anna. Additional debt service issuances in FY27-28 thru FY29-30 are required to achieve treatment capacity of 4MGD. FY24-25 FY25-26 FY26-27 FY27-28 FY28-29 FY29-30 Syst em Capacity Salaries 22,350.00$ 22,350.00$ 89,400.00$ 247,240.00$ 247,240.00$ 247,240.00$ Salari es - Overtime 1,000.00$ 1,000.00$ 4,000.00$ 6,000.00$ 10,000.00$ 12,000.00$ Payroll Taxes 1,448.00$ 1,448.00$ 6,132.00$ 15,330.00$ 15,330.00$ 15,330.00$ Heal th Insurance 4,200.00$ 4,200.00$ 16,800.00$ 42,000.00$ 42,000.00$ 42,000.00$ TMRS Retirement 3,323.00$ 3,323.00$ 14,072.00$ 35,180.00$ 35,180.00$ 35,180.00$ Unemployment 1,000.00$ 1,000.00$ 2,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ Worker's Compensation 1,500.00$ 1,500.00$ 3,000.00$ 7,500.00$ 7,500.00$ 7,500.00$ Offi ce Supplies 1,000.00$ 1,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ 2,000.00$ Office Supplies - Misc.1,000.00$ 1,000.00$ 4,000.00$ 4,000.00$ 4,000.00$ 4,000.00$ Tool s & Equipment 4,000.00$ 4,000.00$ 5,000.00$ 8,000.00$ 8,000.00$ 8,000.00$ Clothi ng Supplies 700.00$ 700.00$ 1,400.00$ 3,500.00$ 3,500.00$ 3,500.00$ Protective Gear 1,000.00$ 1,000.00$ 2,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ Chemicals 8,000.00$ 8,000.00$ 12,000.00$ 16,000.00$ 16,000.00$ 16,000.00$ Vehicl e Supplies - Fuel 5,000.00$ 5,000.00$ 5,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ Vehicle Supplies - Other 1,400.00$ 1,400.00$ 1,400.00$ 4,200.00$ 4,200.00$ 4,200.00$ Maintenance & Repair - Vehicles 1,400.00$ 1,400.00$ 1,400.00$ 4,200.00$ 4,200.00$ 4,200.00$ Maintenance & Repair - Equipment 5,000.00$ 15,000.00$ 15,000.00$ 30,000.00$ 30,000.00$ 30,000.00$ Maintenance & Repair - Buildings 1,000.00$ 1,000.00$ 4,000.00$ 4,000.00$ 4,000.00$ 4,000.00$ Maintenance & Repair - Sewer Pl ant 20,000.00$ 40,000.00$ 40,000.00$ 40,000.00$ 60,000.00$ 60,000.00$ El ectricity 30,000.00$ 60,000.00$ 60,000.00$ 100,000.00$ 100,000.00$ 100,000.00$ Contract Services 5,000.00$ 20,000.00$ 20,000.00$ 30,000.00$ 30,000.00$ 30,000.00$ Sludge Removal 2,500.00$ 6,000.00$ 6,000.00$ 12,000.00$ 18,000.00$ 24,000.00$ Testi ng Services 4,000.00$ 10,000.00$ 10,000.00$ 25,000.00$ 25,000.00$ 25,000.00$ Dues, Publ i cations, Licensing 1,500.00$ 3,000.00$ 3,000.00$ 3,000.00$ 3,000.00$ 3,000.00$ Permits -$ -$ -$ -$ -$ 30,000.00$ Capital & Operating Expense 3,600.00$ 8,400.00$ 16,800.00$ 25,200.00$ 25,200.00$ 25,200.00$ Travel/Training Expense 500.00$ 1,000.00$ 2,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ Interest Expense 608,858.36$ 1,574,040.54$ 2,658,088.00$ 3,568,288.00$ 4,755,263.00$ 6,049,263.00$ Other Services - Misc. Debt Service - Principal 256,300.00$ 704,700.00$ 1,270,000.00$ 1,838,000.00$ 2,575,000.00$ 3,380,000.00$ Transfers Out 996,579.36$ 2,501,461.54$ 4,274,492.00$ 6,100,638.00$ 8,054,613.00$ 10,191,613.00$ Hurricane Creek Wastewater Treatment Plant O&M 33 *Note: A 15% surcharge is included in the base rate for all customers to cover additional service costs, including contract management, financial management, utility billing, and financial consultant costs. FY24-25 FY25-26 FY26-27 FY27-28 FY28-29 FY29-30 Salaries 22,350.00$ 22,350.00$ 23,691.00$ 25,112.46$ 26,619.21$ 28,216.36$ Salaries - Overtime 1,000.00$ 1,000.00$ 1,060.00$ 1,123.60$ 1,191.02$ 1,262.48$ Payroll Taxes 1,448.00$ 1,448.00$ 1,534.88$ 1,626.97$ 1,724.59$ 1,828.07$ Health Insurance 4,200.00$ 4,200.00$ 4,452.00$ 4,719.12$ 5,002.27$ 5,302.40$ TMRS Retirement 3,323.00$ 3,323.00$ 3,522.38$ 3,733.72$ 3,957.75$ 4,195.21$ Unemployment 1,000.00$ 1,000.00$ 1,060.00$ 1,123.60$ 1,191.02$ 1,262.48$ Worker's Compensation 1,500.00$ 1,500.00$ 1,590.00$ 1,685.40$ 1,786.52$ 1,893.72$ Office Supplies -$ 500.00$ 530.00$ 561.80$ 595.51$ 631.24$ Office Supplies - Misc.-$ 500.00$ 530.00$ 561.80$ 595.51$ 631.24$ Tools & Equipment 1,500.00$ 3,000.00$ 3,180.00$ 3,370.80$ 3,573.05$ 3,787.43$ Clothing Supplies 350.00$ 700.00$ 742.00$ 786.52$ 833.71$ 883.73$ Protective Gear 250.00$ 500.00$ 530.00$ 561.80$ 595.51$ 631.24$ Chemicals -$ 1,000.00$ 1,060.00$ 1,123.60$ 1,191.02$ 1,262.48$ Vehicle Supplies - Fuel 5,000.00$ 5,000.00$ 5,300.00$ 5,618.00$ 5,955.08$ 6,312.38$ Vehicle Supplies - Other 1,400.00$ 1,400.00$ 1,484.00$ 1,573.04$ 1,667.42$ 1,767.47$ Mai ntenance & Repair - Vehicles 1,400.00$ 1,400.00$ 1,484.00$ 1,573.04$ 1,667.42$ 1,767.47$ Maintenance & Repair - Equipment 5,000.00$ 10,000.00$ 10,600.00$ 11,236.00$ 11,910.16$ 12,624.77$ Maintenance & Repair - Buildings -$ -$ -$ -$ -$ -$ Maintenance & Repair - Sewer Collection -$ 7,500.00$ 8,250.00$ 9,075.00$ 9,982.50$ 10,980.75$ Electricity -$ -$ -$ -$ -$ -$ Contract Services 5,000.00$ 20,000.00$ 21,200.00$ 22,472.00$ 23,820.32$ 25,249.54$ Sludge Removal -$ -$ -$ -$ -$ -$ Testing Services 4,000.00$ 10,000.00$ 10,600.00$ 11,236.00$ 11,910.16$ 12,624.77$ Dues, Publi cations, Licensing 1,500.00$ 3,000.00$ 3,180.00$ 3,370.80$ 3,573.05$ 3,787.43$ Permits -$ -$ -$ -$ -$ -$ Capital & Operating Expense 3,600.00$ 8,400.00$ 8,904.00$ 9,438.24$ 10,004.53$ 10,604.81$ Travel/Training Expense 500.00$ 1,000.00$ 1,060.00$ 1,123.60$ 1,191.02$ 1,262.48$ Interest Expense Other Services - Misc. Debt Servi ce - Principal Transfers Out 64,321.00$ 108,721.00$ 115,544.26$ 122,806.92$ 130,538.33$ 138,769.93$ Cost per LF 2.05$ 3.46$ 3.68$ 3.91$ 4.16$ 4.42$ Anna Cost 26,902.84$ 45,473.54$ 48,327.43$ 51,365.10$ 54,598.83$ 58,041.78$ Weston Cost 3,345.78$ 5,655.34$ 6,010.26$ 6,388.05$ 6,790.21$ 7,218.39$ Van Alstyne Cost 34,072.38$ 57,592.12$ 61,206.57$ 65,053.77$ 69,149.29$ 73,509.76$ Hurricane Creek Collection System O&M Fiscal Year WWTP ADF (MGD) WWTP Capacity WWTP Expenses Sewer Collection Expenses Total O&M Expenses for Hurricane Creek Basin Weston Flow (MGD) Weston Sewer Transport Length in Hurricane Creek Trunk System (LF) Weston WWTP % Weston Proportional Trunk Sewer O&M Cost Weston Rate* ($/1000gal) FY24-25 0.5 0.5 996,579.36$ 64,321.00$ 1,060,900.36$ 0.05 4000 10%3,345.78$ 6.49$ FY25-26 1.15 1.5 2,501,461.54$ 108,721.00$ 2,610,182.54$ 0.15 4000 13%5,655.34$ 6.97$ FY26-27 1.82 2.5 4,274,492.00$ 115,544.26$ 4,390,036.26$ 0.32 4000 18%6,010.26$ 7.46$ FY27-28 2.44 2.5 6,100,638.00$ 122,806.92$ 6,223,444.92$ 0.44 4000 18%6,388.05$ 7.92$ FY28-29 3.06 4 8,054,613.00$ 130,538.33$ 8,185,151.33$ 0.56 4000 18%6,790.21$ 8.33$ FY29-30 3.69 4 10,191,613.00$ 138,769.93$ 10,330,382.93$ 0.69 4000 19%7,218.39$ 8.74$ Base Rate Calculation (estimate) *Note: rates are an estimate based on calculated cost of service. Rates are subject to change on an annual basis due to changing costs and/or changes in flow rates 34 EXHIBIT D PROPOSED ANNUAL WASTEWATER FLOW FROM TOWN OF WESTON TO CITY OF ANNA 35 EXHIBIT E Preliminary 5-year Rate Estimate Fiscal YearWWTP ADF (MGD)WWTP CapacityWWTP ExpensesSewer Collection ExpensesTotal O&M Expenses for Hurricane Creek BasinWeston Flow (MGD)Weston Sewer Transport Length in Hurricane Creek Trunk System (LF)Weston WWTP %Weston Proportional Trunk Sewer O&M CostWeston Rate* ($/1000gal)FY24-250.50.5996,579.36$ 64,321.00$ 1,060,900.36$ 0.05400010%3,345.78$ 6.49$ FY25-261.151.52,501,461.54$ 108,721.00$ 2,610,182.54$ 0.15400013%5,655.34$ 6.97$ FY26-271.822.54,274,492.00$ 115,544.26$ 4,390,036.26$ 0.32400018%6,010.26$ 7.46$ FY27-282.442.56,100,638.00$ 122,806.92$ 6,223,444.92$ 0.44400018%6,388.05$ 7.92$ FY28-293.0648,054,613.00$ 130,538.33$ 8,185,151.33$ 0.56400018%6,790.21$ 8.33$ FY29-303.69410,191,613.00$ 138,769.93$ 10,330,382.93$ 0.69400019%7,218.39$ 8.74$ Base Rate Calculation (estimate)*Note: rates are an estimate based on calculated cost of service. Rates are subject to change on an annual basis due to changing costs and/or changes in flow rates 36 EXHIBIT F Metering and Sampling Facility Information 37 38 Item No. 5.h. City Council Agenda Staff Report Meeting Date: 1/28/2025 Staff Contact: Gregory Peters AGENDA ITEM: Approve a Resolution authorizing the City Manager to execute a contract for wholesale wastewater treatment and transport with Collin County Municipal Utility District Number 12, in a form approved by the City Attorney. (Assistant City Manager Greg Peters, P.E.) SUMMARY: This item is to authorize the execution of a contract with Collin County Municipal Utility District Number 12 for transport through the City of Anna wastewater system and wastewater treatment at the Hurricane Creek Regional Wastewater Treatment Plant. FINANCIAL IMPACT: Revenues received from Collin County Municipal Utility District Number 12 for this service will be accounted for in the annual operating budget of the City of Anna to fund the debt service, operation, and maintenance of the City of Anna's wastewater utility. Providing this much needed regional service to adjacent communities will allow Anna to better control future utility costs for all Anna neighbors. BACKGROUND: The City of Anna is currently constructing the first phase of a regional wastewater treatment plant in the southwest portion of the City. The treatment plant will provide sewer treatment for all development in the City of Anna west of US 75 and for adjacent customer cities and customer MUD's. The customer communities will pay a wholesale rate to the City of Anna per 1,000 gallons of flow. The revenues generated by this program will be used to pay the debt service and fund the operation, maintenance, and future expansion of the facility. The City of Anna is currently constructing the first phase of a regional wastewater treatment plant in the southwest portion of the City. The treatment plant will provide sewer treatment for all development in the City of Anna west of US 75 and for adjacent customer cities and customer MUD's. The 500,000 gal/day package plant at the facility will come online in the Spring of 2025, and the plant capacity will increase to 2,000,000 gallons per day in 2027. The City is currently permitted for a first phase of up to 4,000,000 gallons per day. The customer communities will pay a wholesale rate to the City of Anna per 1,000 gallons of flow. The revenues generated by this program will be used to pay the debt service and fund the operation, maintenance, and future expansion of the facility. Collin County Municipal Utility District Number 12 will construct a trunk sewer main which will connect the district to the City of Anna wastewater system. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Resolution - Anna-CCMUD12 Wholesale Wastewater Contract 2. Clean Wholesale WW Agreement City of Anna ABHR Comments 1-17-24 updated EX C E (002) CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR WHOLESALE WASTEWATER TREATMENT AND TRANSPORT BETWEEN THE CITY OF ANNA AND COLLIN COUNTY MUNICIPAL UTLITY DISTRICT NUMBER 12, SUBJECT TO APPROVAL AS TO LEGAL FORM BY THE CITY ATTORNEY, WITH AN EFFECTIVE DATE. WHEREAS, the City of Anna is a Home Rule City in the State of Texas, and; WHEREAS, Collin County Municipal Utility District 12 is a special purpose district in the State of Texas, and; WHEREAS, the, City of Anna and Collin County Municipal Utility District 12 are both growing communities in need of expanding wastewater infrastructure to serve the public, and; WHEREAS, the City of Anna is in the process of constructing the Hurricane Creek Regional Wastewater Treatment Plant facility to provide wastewater treatment for the City of Anna and surrounding areas, and; WHEREAS, the Collin County Municipal Utility District 12 is seeking to contract with the City of Anna for the treatment and transport of wastewater from the district’s public wastewater utility system, and; WHEREAS, it is in the best interest of both the City of Anna and Collin County Municipal Utility District 12 to enter into a contract for the wholesale treatment and transport of wastewater, which defines the responsibilities and costs for such treatment and transport, 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 Wholesale Wastewater Contract. The City Council of the City of Anna, Texas, authorizes the City Manager to execute the attached Wholesale Wastewater Contract, subject to approval as to legal form by the City Attorney. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___ day of January ___, 2025. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie Land Mayor, Pete Cain Exhibit A (following Page) ABHR Comments 01-17-24 WHOLESALE WASTEWATER CONTRACT BETWEEN THE CITY OF ANNA AND COLLIN COUNTY MUNICIPAL UTILITY DISTRICT NO. 12 This Wholesale Wastewater Contract Between the City of Anna and Collin County Municipal Utility District No. 12 (this “Contract”) is made and entered into as of the Effective Date (as defined herein) by and between the City of Anna, Texas, a Texas home- rule municipality and political subdivision of the State of Texas ("Anna"), and Collin County Municipal Utility District No. 12, a conservation and reclamation district created pursuant to Article XVI, Section 59 of the Texas Constitution and operating pursuant to Chapters 49 and 54, Texas Water Code ("Customer"). RECITALS The following recitals are: (1) true and correct; (2) incorporated as part of this Contract for all purposes; (3) evidence the intent of the Parties in entering into this Contract; and (4) to be used in interpreting this Contract. WHEREAS, the Parties are governmental entities authorized to enter into this agreement under Chapter 791 of the Texas Government Code and other applicable law including without limitation Chapter 51 of the Texas Local Government Code; and WHEREAS, the Customer is a municipal utility district that proposes to serve retail customers within its boundaries as shown on Exhibit A, as may be expanded in accordance with the terms hereof (“Customer’s Service Area”); and WHEREAS, the Customer is a municipal utility district located in Collin County, Texas with nearby rapid growth including sharply increasing demand for retail Wastewater service to serve upcoming residential development; and WHEREAS, in order to provide Wastewater treatment to serve its retail customers, Customer needs a source of wholesale Wastewater treatment capacity; and WHEREAS, subject to securing a TCEQ Texas Pollutant Discharge Elimination Permit, and once the construction of the Anna System is completed, Anna shall have the capability to provide wholesale Wastewater treatment capacity adequate to serve the area within Customer’s Service Area. NOW, THEREFORE, Anna and Customer, in consideration of the terms, covenants and conditions herein contained, hereby agree as follows. 2 AGREEMENT Article 1. Definitions When used in this Contract, the following terms, when capitalized, shall be defined as follows. 1.01 “Act” or "the Act" - the Federal Water Pollution Control Act, also known as the Clean Water Act ("CWA"), as amended (33 U.S.C. 1251, et seq.). 1.02 “Anna System” or “Anna’s System” - Anna's Wastewater Treatment Plant as said plant may be expanded or connected to other systems over time, which is a “Publicly Owned Treatment Works” under Section 307 of the Act. For purposes of this Contract, the Anna System includes all Wastewater treatment plants of Anna as a unified system. 1.03 “Approved Connection Point(s)” - the point(s) of entry identified in Exhibit “B” through which Customer is authorized to discharge Wastewater into the Anna System. 1.04 “Basin Map” - the map attached hereto as Exhibit “B”, identifying the service area under this Contract and the Approved Connection Points. 1.05 “Biochemical Oxygen Demand (BOD)” - the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five (5) days at 20 degrees centigrade expressed in terms of mass and concentration [milligrams per liter (mg/1)]. 1.06 “Calibration” - verification of primary measuring device and secondary instrumentation accuracy utilizing then-current standard primary device calibration procedures and signals recognized as acceptable within the industry or a separate flow measurement instrument. 1.07 “Customer Annual Amount of Flow” – an annual average amount of Flow not to exceed the anticipated volumes specific in Exhibit D, listed in gallons per day based on 30- day average. 1.08 “Customer’s Service Area” – the approximately 227 acres of land located within the Customer’s boundaries shown in Exhibit A as of the Effective Date as may be expanded in accordance with the terms hereof. 1.09 “Customer System” or “Customer’s System” - the Customer’s facilities used for collection or transportation of Wastewater to an Approved Connection Point(s), including without limitation the Delivery Facilities. 3 1.10 “Delivery Facilities” or “Delivery Facility” - all facilities necessary for the transmission of Wastewater to the Anna System that are on the Customer's side of the Approved Connection Point(s). 1.11 “Director” - the designee appointed or authorized by the Anna City Manager to act on Anna’s behalf. 1.12 “Flow” – the collective total of all Wastewater, Industrial Waste, Inflow, Infiltration, Liquid Waste, Suspended Solids, and any other matter transmitted from Customer’s System through all Approved Connection Point(s), collectively. 1.13 “Industrial User” - a source of non-standard discharge. 1.14 “Industrial Waste” – non-domestic sewage that may include water-borne solids, liquids or gaseous substances resulting from industrial, manufacturing or food processing operations, or from the development of a natural resource, or any mixture of these with water or domestic sewage. 1.15 “Infiltration” - water that has migrated from the ground into the Wastewater system. 1.16 “Inflow” - water other than sewage that enters a Wastewater system (including sewer service connections) from sources such as, but not limited to, roof leaders, cellar drains, yard drains, area drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary catch basins, cooling towers, storm waters, surface runoff, street wash waters or drainage. Inflow does not include, and is distinguished from, Infiltration. 1.17 “Liquid Waste” - the water-borne solids, liquids, and gaseous substances typically stored temporarily in a container and derived from sources including, but not limited to, grease traps, septic tanks, chemical toilet waste, and sand trap waste. 1.18 “Metering and Sampling Facility” or “Metering and Sampling Facilities” - the meter, meter vault, and all metering and telemetry equipment needed to measure or sample the Flow from the Customer’s System at the Approved Connection Point(s) or other such locations as the Parties mutually agree upon in writing. 1.19 “Party” or “Parties” - Anna and Customer may also be referred to in the singular as “Party” and in the plural as “Parties.” 1.20 “Pretreatment” - the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in Wastewater prior to or in lieu of introducing those pollutants into a Publicly Owned Treatment Works generally, but not exclusively, relating to Non-Standard Discharges and Prohibited Discharges. The 4 reduction or alteration of pollutants or the nature of pollutants may be obtained – if not by elimination - by physical, chemical or biological processes, by process changes, or by other means, except by diluting the concentration of the pollutants (unless expressly allowed by an applicable Pretreatment Requirement). 1.21 “Pretreatment Requirement” - a substantive or procedural requirement related to Pretreatment imposed on an Industrial User, other than a Pretreatment Standard. 1.22 “Prohibited Discharge” – any discharge prohibited by 40 C.F.R. 403.5. 1.23 “Publicly Owned Treatment Works” (“POTW”) – a treatment works as defined by Section 212 of the Act (33 U.S.C. 1292) owned or operated by a governmental entity including Customer’s System and Anna’s System. 1.24 “Significant Industrial User” - any of the following: a. An Industrial User subject to categorical Pretreatment Standards; and b. Any other user that: (i) Discharges an average of 25,000 gpd or more of process wastewater; (ii) Contributes a process waste stream which makes up five percent (5%) or more of the hydraulic or organic loading of the treatment plant; or (iii) Is designated as significant by Anna on the basis that the user has a reasonable potential for adversely affecting the operation of a Publicly Owned Treatment Works or for violating any Pretreatment Standard or requirement. 1.25 “Non-Standard Discharge” - Wastewater that is being discharged that fails to meet the quality parameters outlined in Section 7.5. 1.26 “Standard Methods” - those testing or analysis procedures as prescribed in the then current edition of "Standard Methods for Examination of Water and Wastewater," published by the American Public Health Association or the U.S. Environmental Protection Agency Manual of Methodologies for the Examination of Water and Wastewaters, or as will otherwise comply with procedures specified in state and federal discharge permits held by Anna. 1.27 “Strength” - the concentration of dissolved and suspended matter in Wastewater, as indicated by Biochemical Oxygen Demand or suspended solids. 5 1.28 “Suspended Solids” – the total suspended matter that floats on the surface of, or is suspended in, water, Wastewater, or other liquid, and which is removable by laboratory filtering. 1.29 “System Cost” - operating expenses and capital-related costs incurred by Anna pursuant to the provision of Wastewater collection and treatment service to the wholesale class of sewer customers including, without limitation, all costs identified whether specifically or by implication as System Costs under this Contract. Such costs are to be collected by Anna as a component of the annual cost of providing wholesale Wastewater service. 1.30 “TCEQ” – the Texas Commission on Environmental Quality or its successor agency(ies). 1.31 “Wastewater” – water containing other liquid and water-carried wastes and sewage whether treated or untreated, which are contributed to a Publicly Owned Treatment Works. 1.32 “Wastewater Treatment Plant” – the collection and treatment system that is the subject of TCEQ proposed Texas Pollutant Discharge Elimination System Permit No. WQ0016043001 (EPA I.D. No. TX0141721) located (or to be constructed and located) approximately 1.56 miles west of the intersection of the Collin County Outer Loop and U.S. 75, in Collin County, Texas 75409. Article 2. Construction and Connection to the Anna System 2.01 As of the Effective Date Anna has received a Texas Pollutant Discharge Elimination System Permit (the “Discharge Permit”) from the TCEQ to utilize the Wastewater Treatment Plant to discharge treated wastewater at a volume not to exceed an annual average flow of 16,000,000 gallons per day. Anna commenced construction of the Wastewater Treatment Plant on September 22, 2023. Anna shall complete construction of the first phase of the Wastewater Treatment Plant on or before October 1, 2025, which will allow for an annual average flow of up to 500,000 gallons per day of wastewater treatment capacity. Anna shall complete Phase 2 of the plant on or before October 1, 2026, which will allow for an annual average flow of up to 2,500,000 gallons of wastewater treatment capacity. Anna shall continue to construct additional phases of the plant, up to the TCEQ permitted average annual flow of 16,000,000 gallons per day as needed to meet the needs of Anna and its customers. 2.02 Notwithstanding any provision of this Contract, if Anna fails to timely complete construction of a phase of the Wastewater Treatment Plant necessary to meet the Customer's Annual Amount of flow as shown on Exhibit D hereto, then Anna shall be required to pump and haul Wastewater from Customer’s System to meet Customer’s needs, and Customer shall receive a credit for the cost of such services to be applied to charges 6 under Article VII hereof. The term “commence construction” as used in this paragraph means to commence the work of constructing any part of the Wastewater Treatment Plant or the site of said plant: (i) with all approvals thereof required by Anna obtained as necessary; (ii) after a notice to proceed has been issued to Anna’s contractor(s); and (iii) onsite construction of the site development components (such as drainage, grading or utilities) is underway. The term “complete construction” as used in this paragraph means, with respect to each phase of the Wastewater Treatment Plant, to have constructed the Wastewater Treatment Plant and all of its components to the extent necessary to allow for the Customer Annual Amount of Flow from Customer’s System as shown on Exhibit D hereto into the Approved Connection Point(s). 2.03 Anna hereby grants to Customer, conditioned upon compliance with the terms and conditions contained herein, permission to connect Customer’s System to the Anna System for the term of this Contract and provided that Customer is not in material breach of any provision of this Contract. 2.04 Anna agrees to accept all conforming and lawfully acceptable Wastewater delivered by Customer in accordance with this Contract to all Approved Connection Point(s), collectively, and at such additional points as the Parties may mutually agree upon, in writing, at a later time. Customer agrees to deliver all of its Wastewater flows from the area depicted in the Basin Map, attached as Exhibit “B”, to Anna unless otherwise approved in writing by Anna. 2.05 The cost of all Delivery Facilities necessary to convey Wastewater to the designated Approved Connection Points, whether shown on Exhibit “B” or mutually agreed upon at a later date by the Parties, together with the cost of connection of the Customer System to the Anna System, shall be borne solely by Customer, including the cost of acquisition of any necessary rights-of-way and easements to and from such Delivery Facilities; provided, however, Anna does hereby consent (subject to feasibility as determined by the Director) to Customer installing any portion of Customer’s System in right-of-way or wastewater system easements granted to Anna. Customer shall provide Anna with sixty days written notice before installing any portion of the Customer System in a right-of-way or wastewater system easement granted to Anna, and shall coordinate all work with the Director and all appropriate Anna departments. In the event Anna requests Customer to increase the size of any such Delivery Facility in order to serve areas outside of the Customer’s Service Area, the Customer shall have the right to add any portion of such area to the Customer Service Area subject to the terms hereof. The cost of the oversized Delivery Facilities shall be shared by the Parties based on relative Wastewater Flow requested by each Party. The Parties agree to fund construction of the Delivery Facilities as construction progresses. 2.06 Unless mutually agreed to, in writing, by Anna and Customer, and subject to the terms of Section 2.05 hereof, Customer shall be responsible for the design, construction, and financing of Customer’s System and the Delivery Facilities including the cost of and 7 acquisition of any necessary rights-of-way and easements to and from such facilities. All designs, materials, and specifications shall, at a minimum, conform to the City of Anna’s applicable requirements as well as applicable state law and regulatory requirements in all respects. Plans and specifications for any Delivery Facility connecting to the Anna System shall be submitted to the Director for written approval in advance of construction of same, which approval shall not be unreasonably withheld. Without limiting the foregoing, no construction of any portion of Customer’s System that may be located on Anna’s property may begin until the Director has approved the plans and specifications for the work. In the event written response is not received within 30 days from the date of submittal, such plans shall be deemed approved. In the event the Director provides comments to plans and specifications, the Parties shall use best efforts to resolve the comments within 30 days. Customer agrees that Anna has the right to make periodic inspections during the construction phase of the Delivery Facilities. Final acceptance of each facility is subject to the inspection by and written approval of the Director. 2.07 Customer agrees not to provide service to any user or users that, singly or in combination, would discharge more than 2.5 million gallons per day into the Anna System or that would cause Customer’s daily flow to Anna to exceed 500,000 gallons per day (monthly average) without first providing written notice to Anna and receiving written approval in advance from Anna. 2.08 In the event the Delivery Facilities provide Services to areas outside of Customer’s Service Area, Customer’s Approved Connection Point(s) shall be revised accordingly, and Customer shall have no obligation with respect to the cost of construction of any additional Metering and Sampling Facilities needed for Anna to provide service for such additional area. Article 3. Maintenance of Customer System 3.01 Customer agrees to maintain Customer’s System in good and working condition and to make all necessary repairs in a timely manner. Anna shall not have any responsibility or liability for the operation of the Customer’s System, it being Customer’s sole responsibility to provide adequate facilities to deliver its Wastewater to the Anna System. Customer shall also promptly comply with any permit requirements, environmental regulations, and any other laws or regulations, whether state or federal, applying to Customer’s System. Article 4. Metering and Sampling Facilities 4.01 Unless otherwise agreed to in writing, Anna shall have the option to construct Customer Metering and Sampling Facilities not in existence as of the Effective Date. Upon exercising this option, Anna shall inform Customer, and Customer shall acquire a site 8 mutually acceptable to the Parties. All reasonable construction costs incurred by Anna, including, but not limited to, site preparation, design and engineering, construction, and equipment for such facilities, together with the costs of necessary easements and rights of way, shall be fully reimbursed to Anna by Customer. Any costs incurred by Anna associated with any necessary modifications of a Metering and Sampling Facility to accommodate a complete initial installation satisfactory to Anna shall also be fully reimbursed to Anna by Customer. 4.02 On the Effective Date, or, if the Metering and Sampling Facilities have not been constructed as of the Effective Date, on such later date as the construction and installation of the Metering and Sampling Facilities are complete, Customer shall transfer ownership of all Customer Metering and Sampling Facilities to Anna at no cost. 4.03 If additional Approved Connection Points are agreed to be added to deliver Customer’s Wastewater to the Anna System and Anna declines to exercise its option to construct additional Metering and Sampling Facilities for same, Customer shall construct Metering and Sampling Facilities for each such Approved Connection Point at Customer’s sole cost. 4.04 The Metering and Sampling Facilities shall be designed and engineered in a manner satisfactory to Anna. Customer shall transfer ownership of such newly constructed facilities at no cost to Anna. 4.05 Customer shall provide Anna with all reasonably necessary access easements and rights of way in a configuration, size and location mutually acceptable to the Parties. Customer shall provide Anna a perpetual route of ingress and egress to Metering and Sampling Facilities, which shall be accessible by Anna at all times without notice. The forms of any legal document conveying such easements and rights of way shall be in a mutually agreeable form. 4.06 Anna shall have the right to inspect and approve the Metering and Sampling Facilities prior to accepting the transfer. Anna’s approval and acceptance of the Metering and Sampling Facilities shall not be unreasonably withheld. In the event Anna rejects the transfer, it shall provide Customer a written notice of the deficiency Customer must correct before proceeding with the transfer of the Metering and Sampling Facility in question. 4.07 Upon accepting the transfer of a Metering and Sampling Facility, Anna shall have the sole authority and exclusive right and license to enter, use, operate, and maintain the Metering and Sampling Facilities. Anna shall thenceforth be solely responsible for the operational and maintenance responsibilities associated with said facilities. Anna also shall have the discretion to construct improvements, expansions, and replacements to the Metering and Sampling Facilities as a System Cost and at the timing of Anna's needs, provided, however, that Anna shall permit Customer to review proposed construction, 9 expansion, and replacement plans. Customer will grant and provide to Anna such permits or easements as are necessary for the continuous operation and maintenance of all Metering and Sampling Facilities. All such costs incurred by Anna for the operation, maintenance, construction, expansion or replacement of Customer Metering and Sampling Facilities shall be considered System Costs. 4.08 Expenses incurred by Anna for the operation and maintenance of Customer Metering and Sampling Facilities are System Costs and shall include, without limitation, the following: a. Cost of electricity at the facilities; b. Cost of the installation and maintenance of the telemetry service at the facilities and to the control center and all costs of maintaining connectivity, including access or lease charges; c. Cost of calibration and field measured velocity profiles; d. Cost of parts, materials and supplies required for repairs, calibrations, and upgrading of the facilities; e. Labor cost plus fringe benefits and indirect costs for repairs, calibrations, and upgrading of the facilities; f. Maintenance costs of ingress and egress and meter facility site; g. Administrative costs, including record and book keeping, overhead, and rate setting costs; and h. Any additional monitoring to ensure compliance with state and federal regulations governing Wastewater treatment. 4.09 Replacement of facilities described in this Article 4 or equipment therein occasioned as a result of obsolescence due to age, excessive maintenance, growth or other reasons as determined by the Director shall be a System Cost. Any replacement facility or equipment therein shall comply with Anna’s standards and specifications. 4.10 Anna shall have the sole right to secure the Metering and Sampling Facilities in order to prevent tampering or other interference with the facility. Anna shall have the sole right to control access to the facilities. 4.11 Customer may request permission, in writing, to inspect a particular Metering and Sampling Facility once per month. Anna shall, upon receiving a written request from 10 Customer, coordinate with Customer to set an appointment during normal business hours and within three (3) business days after receiving the written notice. At the appointed date and time, Anna will accompany and allow Customer to enter and inspect the Metering and Sampling Facilities. 4.12 Customer may request that Anna test the accuracy of each meter once per quarter; otherwise, Anna shall test each meter at least once per year. Any reading, Calibration or adjustment to such metering equipment shall be done by employees or agents of Anna. Anna shall notify Customer at least seventy-two (72) hours in advance of the date and time for any testing, reading, calibration or adjustment, and Customer may have personnel present to observe, if so desired, by sending Anna written notice of its intention to do so. Anna shall, upon receiving a written notice from Customer, coordinate with Customer to set an appointment during normal business hours and within ten (10) business days after receiving the written notice. At the appointed time, Anna will allow Customer’s personnel to enter and observe Anna’s employees or agents conduct the appropriate tests to measure the accuracy of the meter. Anna shall have the right to conduct its own tests or Calibration without notice and at any time it deems appropriate. 4.13 Customer must present any complaint or request for adjustment based on meter accuracy in writing to Anna no later than fifteen (15) days after the test was completed or any such complaint or request is waived. If Customer fails to test or request a test of a meter during a given quarter, Customer waives any complaints, disputes, or claims regarding meter accuracy for that quarter and all preceding quarters. Article 5. Rights-of-Way 5.01 Whenever it is deemed necessary by Anna to remove, alter, change, adapt or conform any portion of Customer’s System located on property owned by Anna, such alterations shall be made by Customer at Customer’s expense within thirty (30) days from the issuance of written notice to Customer to make the alterations unless a different schedule has been approved by Anna in writing. All work done by or on behalf of a Party under this paragraph will be performed in accordance with specifications equal to those applying to work of a similar nature performed by such Party, but neither Party will be required to restore the other’s property to a condition exceeding its original condition, unless otherwise mutually agreed upon in writing. Anna and Customer agree to coordinate the location of the mains and facilities in the other’s easements and rights-of-way in order to prevent conflicts insofar as reasonably practicable. 11 Article 6. Metering and Sampling 6.01 All Flow discharged into the Anna System by Customer shall be metered. Regardless of any change in the area covered by any CCN held by Customer, the area covered by Customer’s Service Area shall not increase by more than 100% unless by mutual written agreement signed by Anna and Customer. Customer shall provide a revised drawing to Anna showing each revision to Customer’s Service Area. 6.02 Anna shall enter all readings of meters into data collection systems that Anna shall maintain. Customer shall have access to such records during reasonable business hours and shall be furnished with monthly totalizer readings for each Approved Connection Point Metering and Sampling Facility. 6.03 Anna shall calibrate and service the meters no less than once during each twelve (12) month period. Copies of the results of such Calibration and all related information will be provided to Customer on request. 6.04 Subject to the provisions of Section 4.13, after a calibration is completed, if it is determined that a meter is under-metering or over-metering Flow by more than 5%, the registration of the Flow as determined by the meter shall be corrected for a period extending back to the time such inaccuracy began, if such time is ascertainable; or, if such time is not ascertainable, then for a period extending back one-half of the time elapsed since the date of the last Calibration. Notwithstanding the foregoing or any other provision of this Contract, any correction made under this paragraph shall in no event extend further back than a period of twelve months. 6.05 If any meter used to determine volume from Customer is out of service or out of repair or otherwise incapable of providing any information that would allow the Parties to ascertain or compute the amount of Flow, the Flow delivered through the period such meter is out of service, out of repair or otherwise incapable of providing Flow information shall be the average Flow of the last twelve (12) months plus three percent, divided by three- hundred and sixty-five, and the result multiplied by the number of days the meter is out of service or out of repair. 6.07 Anna shall periodically determine the quality of the Wastewater at the Metering and Sampling Facilities or other agreed upon sampling points for the purposes of billing for the Strength of the Wastewater. The sampling and testing shall occur on a random basis once per month. To determine the quality of the Wastewater, Anna shall collect twenty-four (24) hour time-weighted or flow-weighted composites for a period of not less than one twenty- four (24) hour period per month for a total of twelve (12) sampling periods per year. If, at the request of Customer or as directed by the Director, more extensive monitoring is desired, such additional monitoring shall be paid for by the Party making the request and shall be done as provided in this section. If Customer requests such additional monitoring, 12 Anna shall invoice Customer for the costs of collecting and testing the additional samples. Customer shall pay for the additional sampling, including additional monitoring, collecting and testing samples, within ten days after receipt of the invoice. Anna shall analyze the samples collected in accordance with Standard Methods and will provide analysis reports to the Customer, if requested. 6.08 If in the opinion of the Director, further monitoring of the Wastewater is desirable to ensure ongoing compliance with state and federal regulations, the Director may order that additional monitoring be performed with or without prior notice to Customer. Compliance monitoring is in addition to the periodic sampling set forth in Section 6.7. All information obtained as a result of such compliance monitoring shall be provided to the Customer upon request. Anna will provide notice of such compliance monitoring to Customer within a reasonable time after obtaining the results of testing. 6.09 All costs incurred by Anna under this Article are System Costs. Article 7. Rates, Charges, and Surcharges 7.01 Wholesale Wastewater rates established hereunder will be determined based upon cost-of-service analysis to be performed by or on behalf of Anna no less than one time per year using the methodologies and principals generally accepted within the industry and detailed further herein, as applicable, and which are generally being utilized by the City to set the rate for wholesale Wastewater service to municipal customers located outside the corporate limits of the City. The cost of such analysis is a System Cost. 7.02 The Parties agree that the methodologies and principals used to conduct a cost-of- service analysis shall be those generally accepted within the industry as promulgated by the Water Environment Federation within the WEF Manual of Practice No. 27, Financing and Charges for Wastewater Systems, as revised, and which are generally being utilized by the City to set the rate for wholesale Wastewater service to municipal customers located outside the corporate limits of the City. Notwithstanding the forgoing, the Parties agree the following methodologies and principals will apply until agreed otherwise in writing: a. The cost of service for the service class shall include allocated reasonable and necessary operation and maintenance expenses based on the then-adopted and approved budget for the Anna System, budgeted debt service including principal and interest payments, capital outlay and budgeted funds necessary to comply with Anna’s established financial policies such as, but not limited to, operating cash reserves, externally required or internally adopted debt coverage requirements, repair and replacement reserves, and any other reserve requirements that may be necessary to maintain the financial stability of the Anna System. 13 b. The initial rate for this Agreement shall be $6.49. The initial rate is per 1,000 gallons. Anna shall provide Customer with written notice, no later than July 31st of each year, of any proposed rate increase in order to allow Customer sufficient time for budgeting purposes. A failure to provide such written notice shall postpone the effective date of the rate increase to October of the following year. Any challenge to a rate established by the Anna City Council must be brought within ninety days of its adoption. 7.03 [Reserved]. 7.04 Any challenge to a rate, surcharge or fee established by the Anna City Council must be brought within ninety (90) days following Customer’s receipt of notice of its adoption by submitting a written objection in accordance with the applicable provisions of Article 24 of this Contract or such challenge is waived. 7.05 An additional charge shall be due for any discharge through Point of Entry that exceeds the maximum Strength allowed to Customer. The surcharge for each mg/l of BOD in excess of 250 mg/l and for each mg/l of total suspended solids (“TSS”) in excess of 250 mg/l shall be assessed. The excess Strength determination will be based on monthly sampling. 7.06 Customer agrees that the Anna City Council has the right to revise, by ordinance, the allowable discharge Strengths, consistent with applicable state and federal laws and regulations and applicable permit requirements (provided that the strength allowed shall be no less than the strength generated from a typical single family residence). At the effective date of this Contract, the allowable discharge Strength is 250 mg/l for BOD and 250 mg/l for TSS. 7.07 Customer shall pay a surcharge to Anna for concentrations of BOD exceeding 250 mg/l and TSS exceeding 250 mg/l at the rate of 125% of the established rate, based on a 30 day average. The surcharge will be calculated each month. It will be based on the rate of Non-Standard Discharge for that month. The surcharge will be assessed the entire month for each portion of the month that discharges from Customer exceed applicable limits, whether classified as Non-Standard Discharges or otherwise. 7.08 Bills for Wastewater service are submitted to Customer on a monthly basis. Amounts billed are due and payable not more than thirty (30) days after the billing date. Bills will show current charges, as well as past-due charges, if any. Current charges includes the amount due for service provided since the prior billing period. Past-due charges is the total amount unpaid from all prior billings as of the current billing date. Payments received by Anna shall first be applied to the past-due charges, if any, and thereafter to the current charges. Any challenge to a billing must be submitted, in writing, 14 to Anna within forty-five (45) days of the billing date, or any objection to the billing is waived. 7.09 If Customer disputes a bill, it shall nevertheless continue to promptly make the disputed payment or payments. Dispute of a bill is not grounds for non-payment. Notwithstanding the provisions of Chapter 2251 of the Texas Government Code, in the event a payment is not paid as specified in this Contract, a finance charge of the lower of 10%, per annum, or the maximum rate allowed by law, per annum, will be calculated from the date that the payment was required to be made. In the event the amount finally determined to be due is less than the full amount of the disputed bill, then the amount found to be in excess of the amount due will be credited to the Customer's account together with any interest on the credited amount of the disputed bill. 7.10 The Parties agree that this Contract is a contract for goods or services under the provisions of Subchapter I, Chapter 271, Tex. Local Gov’t. Code and that services obtained pursuant to this Contract are essential and necessary to the operation of Customer's waterworks and Wastewater facilities. The Parties agree that all payments made by Customer under this Contract constitute reasonable and necessary operating expenses of Customer's waterworks and Wastewater systems. Customer waives any immunity from suit solely for the purpose of Anna enforcing the express terms, conditions, and obligations of this Contract. 7.11 Customer agrees, throughout the term of this Contract, to continuously operate and maintain its waterworks and Wastewater systems, and to fix and collect such rates and charges for Wastewater service as will produce revenues in an amount equal to at least (i) all of its operation and maintenance expenses of such system, including specifically its payments under this Contract; and (ii) all other amounts as required by law and the provisions of the its revenue bonds or other debt obligations now or hereafter outstanding, including the amounts required to pay all principal of and interest on such bonds and other obligations. 7.12 The Parties agree that the rates established in accordance with this Contract are reasonable and in the public interest, and that any change in the rates under this Contract are necessary (1) to avoid impairing the ability of Anna to continue providing Wastewater service, (2) to avoid casting an excessive burden on other customers or users of the Anna System, and (3) to avoid being unduly discriminatory to or among customer classes. Customer acknowledges that it has entered into this Contract willingly after determining-- after considering alternative sources and methods of providing for its Wastewater needs-- that entering into this Contract is in the best interests of Customer and its constituent users. 7.13 Customer represents and covenants that all payments made by it under this Contract shall constitute reasonable and necessary operating expense of its Customer System and that all such payments will be made from its current revenues. Customer represents and 15 has determined that the Wastewater service to be obtained from the Anna System is absolutely necessary and essential to the present and future operation of its Wastewater system. Accordingly, all payments required by this Contract to be made by Customer shall constitute reasonable and necessary operating expense of its respective system as described herein, with the effect that the obligation to make such payments from revenues of such systems shall have priority over any obligation to make any payments from such revenues (whether of principal, interest, or otherwise) with respect to all bonds or other debt obligations heretofore or hereafter issued by Customer. 7.14 Upon the occurrence of Customer’s first failure to pay any amount billed for service under this Contract, which amount remains unpaid for more than sixty (60) days after its due date, Customer agrees to establish a security fund to be held in trust by Anna in the amount of one hundred and fifty percent (150%) of the Customer’s average monthly billings (based on the previous twelve (12) months period), from which Anna may withdraw funds to secure payment of the billing. Customer shall thereafter immediately replenish and restore the account to the required amount and maintain the full balance required in the fund for the remainder of the term of this Contract, notwithstanding Anna’s withdrawals to satisfy billings remaining unpaid for more than sixty (60) days after the due date. 7.14.1 In the event that the security fund is not established, at the expiration of sixty (60) days after such amounts are due, Customer shall be in default under this Contract, and Anna may invoke the remedies specified herein or otherwise available by law. 7.15 The security fund described in Section 7.14 shall be deposited with the Anna City Manager in cash, in the form of an unconditional, irrevocable standby letter of credit, a performance/surety bond, or other instrument or security in a form acceptable to the Anna City Attorney. The letter of credit, bond, or other instrument shall in no event require the consent of Customer prior to the collection by Anna of any amounts covered by the letter of credit, bond, or other instrument. 7.16 Customer acknowledges that it will accrue no equity or any other interest in the Anna System or any other assets of Anna as a result of payment or other performance pursuant to this Contract. 7.17 Except as specifically provided herein, no other fees shall be due and payable by Customer to Anna for wastewater service. In particular, neither Customer nor any retail customer located within the Customer’s Service Area shall be required to pay to Anna any “impact” or “capital recovery fee” related to wastewater conveyance or treatment capacity or service. 16 Article 8. Industrial Connection and Monitoring 8.01 Customer agrees that it will, at the time of execution and throughout the term of this Contract, identify and locate all possible Significant Industrial Users and report them to Anna. Any compilation, index or inventory of Significant Industrial Users shall be made available to Anna, United States Environmental Protection Agency, TCEQ, or their respective successor agencies upon request. 8.02 Customer agrees that it will not permit any Significant Industrial User within its jurisdiction to connect directly or indirectly either to Customer’s System or to the Anna System without at least thirty days’ prior written notification to the Director of such intent to connect. Such notification shall provide the Director with information pertaining to volume and composition of Flow from the Significant Industrial User, and further information as may be requested by the Director. 8.03 Customer agrees to conduct all monitoring, sampling, and inspection of Customer’s System and Significant Industrial Users as necessary to ensure that Industrial Waste introduced into Customer’s System meets the quality standards set out in Article 9 of this Contract. Upon request to Customer, a representative of Anna will be permitted to observe Customer's collection of samples from Significant Industrial Users. Customer agrees to furnish Anna separate duplicate samples for independent testing and shall provide the Director the sample analysis results and pretreatment records within fifteen days of receipt of laboratory reports from a Significant Industrial User. 8.04 Customer agrees that Anna shall have the right to sample Wastewater at all Approved Connection Points and such other locations as may be necessary to determine the volume and quality of Wastewater entering the Anna System. Anna shall have sole authority to determine whether sampling at a location other than an Approved Connection Point is necessary. Customer agrees to disconnect from its system any of its users found to be in violation of allowable discharges or who refuses access to facilities for the purpose of sampling Wastewater being discharged into the Customer System or who is otherwise suspected of making a Prohibited Discharge or other unauthorized or illegal discharge; provided, however, that the disconnected user shall be afforded the same rights, privileges of appeal, and deficiency cure periods as are Significant Industrial Users operating within Anna's jurisdiction. 8.05 Following notice to Customer by Anna, Customer grants to Anna the right to enter Customer's jurisdiction if Anna determines that questionable discharges or Prohibited Discharges are entering the Anna System from the Customer System. Customer agrees to assist Anna in locating and eliminating any Prohibited Discharge or otherwise illegal discharge. 17 Article 9. Wastewater Quality 9.01 As a condition of receiving and continuing to receive Wastewater treatment services under this Contract, Customer agrees that, prior to connecting to any Approved Connection Point, it shall enact and enforce such ordinances, rules, orders or other lawful means of enabling Customer to enforce within its jurisdiction regulations governing Industrial Waste which are at least as stringent as the Wastewater-related provisions of Chapter 12 of the Anna Code and any amendments thereto, and any applicable state or federal regulations relating to discharged substances; (2) Prohibited Discharge; (3) Pretreatment Requirements; (4) industrial discharge permitting systems; and (5) industrial self-monitoring reports. The operation of Customer’s System shall in all respects comply with federal and state laws applicable generally to Publicly Owned Treatment Works and with all terms and conditions contained in any permit issued by a federal or state authority regarding Customer’s System. 9.02 Article 12.04 and Article 12.06 of the Anna Code are incorporated into this Contract as if fully set forth herein. Anna shall endeavor to provide Customer with a copy of any proposed amendments to those provisions at least sixty days prior to the presentation of such amendments to the Anna City Council, if reasonably possible, during which time Customer shall have an opportunity to review such amendments and provide written comments to Anna. On or before the effective date of any such amendments, Customer shall adopt appropriate conforming ordinances, rules, orders or other lawful means of enabling Customer to enforce within its jurisdiction the provisions of Anna Code Article 12.04 and Article 12.06. 9.03 Customer agrees that the quality of the Wastewater discharged into the Customer System shall be equal to or better than the quality standards established by the Anna City Code of Ordinances, including amendments thereto, or any applicable state or federal law or regulation or permit requirements applicable now or in the future to Anna’s System, whichever quality standards are more stringent. To the extent permitted by law, Customer shall indemnify, defend and hold Anna harmless to the extent Customer’s failure to ensure the quality of Wastewater discharged into Customer’s System falls below these quality standards or otherwise causes the Anna System to be in noncompliance with any federal, state or local statutes, rules, regulations or permit requirements. If Customer’s System causes the Anna System to be in noncompliance, Customer further agrees to assume responsibility for any repairs, remediation, or other actions necessary to bring the Anna System back into compliance. Customer agrees that, prior to connecting to the any Approved Connection Point, Customer shall secure a general liability insurance policy acceptable to and approved, in writing, by Anna, in the amount of at least $5 million. 9.04 Customer shall require all Significant Industrial Users within its jurisdiction that ultimately discharge into the Anna System to apply for and obtain a permit from Customer allowing such discharge. Such permit shall require Significant Industrial Users, at a 18 minimum, to abate and not discharge any of the prohibited substances described in Anna Code Article 12.06 as a condition to discharging Wastewater into the Customer System. The permit application shall contain, as a minimum, the following: a. Name and physical address of the Significant Industrial User; b. A description of activities, facilities, and plant processes on the premises of the Significant Industrial User, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW; c. The number and type of employees, hours of operation, hours of discharge and proposed or actual hours of operation of the Significant Industrial User; d. Each product produced by type, amount, process or processes, and rate of production; e. A map of the property showing accurately all sewers and drains; f. The site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drainages, and appurtenances by size, location, and elevation, and all points of discharge; g. Time and duration of all the discharges; h. Any other information as may be deemed necessary by the Director to evaluate the Wastewater discharge permit application; and, i. Plans and specifications sealed by a registered professional engineer detailing all pretreatment facilities and processes including without limitation any grease, oil, or sand interceptors and control manholes. Customer shall provide Anna a copy of these applications promptly upon receipt of same but in no event later than five (5) business days after receipt. Anna may require Customer to deny the application if it determines that the Significant Industrial User is likely to violate any provision of Anna Code Article 12.06. 9.05 Customer shall take all necessary steps to mitigate any odors from Customer’s System not attributable to Anna, including but not limited to any odors emitted by air release valves in Customer’s System. Customer shall submit plans and specifications for odor control to Anna for approval prior to constructing a Wastewater line. Customer shall thereafter maintain the odor control as approved. Customer may seek Anna’s approval to modify the odor control mechanisms as better odor control options become available. 19 Article 10. Infiltration and Inflow 10.01 Customer agrees that it has an obligation to prevent Infiltration and Inflow into Customer’s System, and to prevent same from entering the Anna System. Customer further agrees that all connections within its jurisdiction which ultimately enter into the Anna System will be constructed in accordance with specifications and standards at least equal to those of the North Central Texas Council of Governments Public Works Construction Standards North Central Texas, Fifth Edition, technical specifications and construction standards. Customer covenants and agrees to maintain strict supervision and maintenance of its System to prevent connections through which surface drainage can enter Customer’s System, in order to prevent such drainage from ultimately being deposited into the Anna System. Customer shall not make, nor shall it permit to be made, any connection which will contribute storm water run-off from rainwater spouts, rainwater areas, streets, gutter drains or other Inflow, Infiltration or other non-Wastewater source of Flow into Customer’s System. 10.02 Customer agrees that no discount, deduction, allowance or offset shall be provided for any Inflow or Infiltration into Customer’s System, regardless of the source or cause of such Inflow or Infiltration. Customer stipulates that the provisions of this Article may not be waived for any cause, including but not limited to (a) the actions of any third Party that cause or contribute to Inflow or Infiltration; (b) any unusual weather patterns, including any significant changes in rainfall or temperatures; (c) any Acts of God, or (d) any force majeure of any nature whatsoever that causes, contributes to, or otherwise allows Infiltration or Inflow into the Customer’s System. 10.03 Customer agrees that, for the purposes of metering, calculating and billing, all Flow, of whatever kind and from whatever source, including any Infiltration, Inflow, Liquid Waste, and Industrial Wastes, with or without any Suspended Solids, entering the Anna System from Customer’s System shall be treated as Wastewater for which a charge will be made to Customer. Customer agrees that all billing calculations will be based on the total Flow without regard to whether the Flow consists wholly of Wastewater, or contains Inflow, Infiltration, Liquid Waste, or Industrial Waste, with or without any Suspended Solids. Article 11. Sludge Disposal 11.01 Customer recognizes the importance of processing and disposing of sludge in a timely and proper manner. Customer will cooperate with Anna in any environmentally sound sludge processing and disposal program meeting federal and state standards within the area served by Customer. 20 Article 12. Waste haulers 12.01 Customer shall not introduce nor cause, suffer or permit to be introduced, and shall prohibit the introduction of, Liquid Waste into the Customer System by liquid waste haulers, either directly or indirectly. Article 13. Reports and Records 13.01 Customer shall provide to Anna the following data on a quarterly basis: a. The actual number of Customer’s accounts discharging directly or indirectly into the Customer System within its service area to assist Anna in planning to meet Wastewater needs of Customer and for construction of Phase 2 to the Wastewater Treatment Plant; b. A classification of domestic and nondomestic accounts within Customer’s Service Area by number and percentage of accounts discharging directly or indirectly into the Customer System; and c. Additional data which may assist Anna in developing methodology for cost- of-service studies, planning studies for analyzing federal grants, and system access fees; provided, however, that Anna shall not request data that will require Customer to incur unreasonable expenses in providing such data or the production of confidential information. Article 14. Notices 14.01 Any notice, communication, request, reply or advice herein provided or permitted to be given, made or accepted by either Party to the other Party must be in writing and mailed certified U.S. mail, return receipt requested to: City of Anna: City of Anna Attn: City Manager 120 W. 7th Street Anna, Texas 75409 With a copy to: Wolfe, Tidwell & McCoy, LLP Attn: Clark McCoy 2591 Dallas Parkway, Suite 300 Frisco, Texas 75034 21 Customer: Collin County Municipal Utility District No. 12 Attn: President, Board of Directors c/o Allen Boone Humphries Robinson LLP 3200 Southwest Freeway, Suite 2600 Houston, Texas 77027 With a copy to: Allen Boone Humphries Robinson LLP Attn: Kelsey Taylor 4514 Cole Avenue, Suite 1450 Dallas, Texas 75205 Each party shall provide written notification to the other of any change in address. Article 15. Inspection and Audit of Records 15.01 Complete records and accounts directly or indirectly related to the subject matter of this Contract shall be maintained by each Party for a minimum period of five years or such longer period of time as may be required by applicable law. Each Party shall at all times, upon notice, have the right at reasonable times to examine and inspect records and accounts directly or indirectly related to the subject matter of this Contract during normal business hours; and further, if required by any law, rule or regulation, make the records and accounts available to federal and state auditors. Article 16. Consent 16.01 Whenever, under the terms of this Contract, Anna is permitted to give its written consent or approval, Anna, in its discretion, may give or may refuse such written consent or approval and, if given, may restrict, limit or condition such consent or approval in any manner it shall deem advisable; however, consent will not be unreasonably withheld. Anna’s consent must be provided in writing and from a person authorized to act on Anna’s behalf. Should Anna refuse such written consent, Anna shall provide written notice to Customer indicating basis for such refusal. Article 17. Breach of Contract/Remedies 17.01 Any material breach of the duties or the obligations of this Contract, or failure to faithfully keep and perform any of the material terms, conditions and provisions hereof 22 shall be subject to the remedies provided herein, including but not limited to termination. The non-breaching Party shall provide the breaching Party ninety (90) days written notice of its intention to terminate this Contract if the breaching Party fails to cure the material breach. The written notice shall include a reasonable description of the breach. If the Customer is the breaching Party, and fails or refuses to commence meaningful action acceptable to Anna to cure the breach within receipt of notice from Anna, then Anna shall have the right, with three years advance written additional notice to Customer and without any liability whatsoever on the part of Anna, to declare this Contract terminated at the end of such three year period. In the event of termination of this Contract, all rights, powers, and privileges of Customer shall cease and terminate and Customer shall make no claim of any kind whatsoever against Anna, its agents or representatives, by reason of such termination or any act incident thereto. In the event Anna gives notice of termination, and Customer subsequently cures the material breach, Anna shall withdraw the termination notice. In any event, the non-breaching Party shall advise the alleged breaching Party in writing immediately upon acceptance of the cure of any default. The following shall, without limitation, be considered to be a material breach: a. Customer’s failure to adopt and enforce policies or standards necessary to enforce any applicable Anna ordinances, or any applicable state or federal laws or regulations; b. Customer’s failure to pay any bill, charge or fee as provided for in this Contract; c. Customer’s making any connection to the Anna System at any point except as provided in Section 2.03; d. Customer’s failure to provide Anna ingress and egress for purposes of sampling and operation and maintenance of any metering or any sampling facility; e. Customer’s failure to provide Anna rights-of-way as required herein; f. Customer’s failure to permit any sampling of Wastewater as provided for herein; g. Customer’s failure to disconnect Customer’s Industrial Users pursuant to Section 8.04; h. Customer’s failure to abide by Significant Industrial User requirements outlined in Article 8; i. Customer’s failure to maintain the quality of discharge required by Article 9; 23 j. Customer’s failure to comply with Article 19 of this Contract; or k. Anna’s failure to timely provide the necessary Wastewater service to serve the Customer in a volume of Flow not to exceed the Customer Annual Amount of Flow. 17.02 Failure to provide notice of breach is not waiver - Anna. Anna’s failure to provide a notice of breach or acceptance of any benefits under this Contract for any period of time after Customer’s material breach, default or failure is not a waiver by Anna of any rights relative to any subsequent material breach, default or failure. 17.03 Failure to provide notice of breach is not waiver - Customer. Customer’s failure to provide a notice of breach or acceptance of any benefits under this Contract for any period of time after City’s breach, default or failure is not a waiver by Customer of any rights relative to any subsequent material breach, default or failure. 17.04 If a Party is in default under this Contract, then the non-defaulting Party shall, whether or not the termination provisions of this Article 17 have been invoked, be entitled to all remedies available under applicable law including, but not limited to, specific performance, injunctive relief, mandamus relief, and damages; and termination as provided in Section 17.01. 17.05 Each Party hereto acknowledges that this Contract is for the providing of goods and services to the other Party and, pursuant to Section 271.151, Texas Local Government Code, each has waived its immunity from suit solely for the purpose of the other Party enforcing the express terms, conditions, and obligations of this Contract. Article 18. Ownership and Liability 18.01 No provision of this Contract shall be construed to create any type of joint or equity ownership of any property, any partnership or joint venture, nor shall same create any other rights or liabilities. Customer payments (whether past, present, or future) will not be construed as granting Customer partial ownership of, pre-paid capacity in, or equity in the Anna System. 18.02 Liability for damages arising out of the transportation, delivery, reception, treatment, and disposal of all Wastewater discharged into the Anna System shall remain with the Customer, together with title and ownership thereto, until such Wastewater passes through the Approved Connection Point(s), at which time title, ownership and liability for such damage shall pass to Anna, save and except that title to any Prohibited Discharge and any liability therefor shall not pass to Anna unless such Prohibited Discharge originated in the Anna System. Any effluent produced by and discharged by Anna from any treatment 24 plants owned or operated by Anna shall be owned by Anna, regardless of originating source of Wastewater. 18.03 Contracts made and entered into by either Customer or Anna for the construction, reconstruction or repair of any Delivery Facility shall include the requirements that the independent contractor must provide adequate insurance protecting both the Customer and Anna as insureds. Such contracts must also provide that the independent contractor covenant to indemnify, hold harmless and defend both the Customer and Anna against any and all suits or claims for damages of any nature arising out of the performance of such contracts, and include any other provisions required by federal, state, or local laws or regulations. Article 19. Compliance with Permit Conditions 19.01 Customer acknowledges that Anna is the holder of discharge permits issued by the United States and the State of Texas. Customer agrees that it will comply with all such permit conditions in any way relating to the System and the discharge into the System. Customer agrees that in the event a fine is assessed against Anna for any violation of any permit condition, and the violation is the result of any act of omission or commission by Customer, the amount of the fine will be assessed to Customer and Customer shall pay to Anna the amount of such fine. If such fine is not attributable to a specific customer, such fine shall be considered a System Cost and allocable to the Customer in accordance with the provisions of this Contract. Article 20. Term of Contract 20.01 Subject to the provisions of Article 17 hereof, this Contract shall continue in force and effect for an initial period of twenty (20) years from the Effective Date hereof and shall be subsequently extended automatically for additional ten-year terms until terminated by either Party. A Party wishing to terminate this Contract pursuant to this Article 20 must give the other Party no less than three (3) years advance written notice of its intent to terminate. Article 21. Force Majeure 21.01 No Party hereto shall be considered to be in default in the performance of any of the obligations hereunder (other than obligations of either Party to pay costs and expenses) if such failure of performance shall be due to circumstances beyond the reasonable control of the Parties, including but not limited to, the failure of facilities, flood, earthquake, 25 tornado, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute and action or non-action by a failure to obtain the necessary authorizations and approvals from any governmental agency or authority or the electorate, labor or material shortage, sabotage, or restraint by a court order or public authority, which by the exercise of due diligence and foresight the Party could not have reasonably been expected to avoid and which by exercise of due diligence it shall be unable to overcome. Either Party rendered unable to fulfill any obligation by reason of an uncontrollable force shall exercise due diligence to enable fulfillment of its obligations under this Contract. 21.02 As noted in Article 10 of this Contract, this Force Majeure provision shall not be applicable to any claims by Customer regarding Inflow or Infiltration. 21.03 In the event the proper operation of the Anna System, as a result of the circumstances described in Section 21.01, requires Anna to temporarily interrupt all or part of the services to Customer, Customer shall not recover any damages from Anna arising from or related to the temporary interruption of services, including, but not limited to, any direct or consequential damages. Article 22. Effective Date 22.01 This Contract, together with all terms and conditions and covenants, shall take full force and effect on the later of the dates this Contract is approved by Anna and signed by the authorized representative of each Party. Article 23 Miscellaneous 23.01 This Contract is subject to all applicable federal and state laws and any applicable permit requirements, ordinances, or amendments adopted pursuant to Article 9, and all applicable rules, orders, and regulations of any state or federal governmental authority having or asserting jurisdiction, but nothing contained herein shall be construed as a waiver of any right to question or contest any such law, ordinance, order, rule or regulation in any forum having jurisdiction, or of any right to appeal any decision or ruling by same. 23.02 Customer agrees to abide by any changes in this Contract made necessary by any amendment or revision to applicable state or federal regulations. 23.03 In each instance herein where reference is made to a federal or state regulation or statute or to the Anna City Code of Ordinances, it is the intention of the Parties that, at any given time, the then current federal or state regulation or statute or Anna ordinance shall apply. If a publication or reference work referred to herein is discontinued or ceases to be the generally accepted work in its field, or if conditions change, or new methods or 26 processes are implemented by Anna, new standards shall be adopted that are in compliance with state and federal laws and any valid rules and regulations pursuant thereto. 23.04 Anna shall comply with all federal, state and local government requirements necessary to obtain grants and assistance for system design, system construction and studies. Customer agrees to assist Anna in compliance by setting adequate rates, establishing proper user charges and complying with governmental requirements. 23.05 All exhibits to this Contract are incorporated herein by reference for all purposes wherever reference is made to the same. 23.06 Section or article headings in this Contract are for convenience only and do not purport to accurately or completely describe the contents of any section or article. Such headings are not to be construed as a part of this Contract or any way defining, limiting or amplifying the provisions hereof. 23.07 This Contract constitutes the sole and only agreement between Customer and Anna and supersedes any prior understanding or oral or written agreements between Customer and Anna with respect to the subject matter of this Contract. 23.08 This Contract shall inure only to the benefit of the Parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third-party beneficiary of this Contract. Each Party hereto shall be solely responsible for the fulfillment of its customer’s contracts or commitments, and Anna shall not be construed to be responsible for Customer’s contracts or commitments by virtue of this Contract or any provision contained herein. 23.09 Customer shall neither assign any of the rights or obligations of this Contract nor contract with individual or entity located outside Customer’s boundaries to connect to Customer’s System without Anna’s prior written approval, which approval shall not be unreasonably withheld. 23.10 Each Party shall provide the other Party with a copy of the minute action, order, ordinance or resolution authorizing the execution of this Contract. Article 24. Step Dispute Resolution 24.01 Disputes other than Rate or Fee disputes. In accordance with the provisions of Subchapter I, Chapter 271, Tex. Local Gov’t. Code, the Parties agree that, prior to instituting any lawsuit or other proceeding arising from a dispute under this Contract, the Parties will first attempt to resolve the dispute by taking the following steps: (1) a written notice substantially describing the nature of the dispute shall be delivered by the 27 dissatisfied Party to the other Party, which notice shall request a written response to be delivered to the dissatisfied Party not less than five days after receipt of the notice of dispute; (2) if the response does not reasonably resolve the dispute, in the opinion of the dissatisfied Party, the dissatisfied Party shall give notice to that effect to the other Party whereupon each Party shall appoint a person having authority over the activities of the respective Parties who shall promptly meet, in person, in an effort to resolve the dispute; and (3) if those persons cannot or do not resolve the dispute, then the Parties shall each appoint a person from the highest tier of managerial responsibility within each respective Party, who shall then promptly meet, in person, in an effort to resolve the dispute. Any suit filed prior to performing these steps shall be abated pending completion of this step process. This Section shall not apply to any disputes regarding rates or fees Anna charges Customer. 24.02 Rate or Fee Disputes. Customer agrees that, as a condition precedent to instituting any lawsuit or other proceeding arising from a rate or fee dispute (including any surcharges Anna may assess) under this Contract, Customer shall first attempt to resolve the dispute by taking the following steps: a. Customer shall deliver a written notice substantially describing the nature of and reasons for the dispute to Anna; b. Anna shall respond to the dispute notification in writing within ten business days after receipt of the notice of dispute; c. if Customer does not believe Anna’s response reasonably resolves the dispute, Customer may, within ten business days after receipt of Anna’s response, request, in writing, that the Anna City Council consider the rate or fee dispute; and d. Anna shall, within ten business days of receipt of Customer’s written request that the Anna City Council consider the dispute, place the matter on the Anna City Council agenda for either a regular or special meeting. 24.03 Customer shall appear before and have one hour to present any evidence and arguments it has regarding the rate or fee dispute to the Anna City Council. The Anna City Council shall issue a written final decision regarding the rate or fee dispute within ten business days after Customer’s appearance and said decision shall be final subject to any remedy Customer may have under applicable law. The date on which such written final decision is received by Customer shall be the date of notice of Anna’s rate decision. 28 Article 25. Exhibits 25.01 The following Exhibits are attached to and made a part of this Contract, and are incorporated by reference for any and all purposes wherever reference is made to same: Exhibit “A” – The description of the Customer’s Service Area. Exhibit “B” –The Basin Map, including the location of the initial Approved Connection Points at the time this Contract is executed. Exhibit “C” – An example of the methodology Anna shall use to calculate the cost of service. Exhibit “D” – Proposed anticipated wastewater flow from the Customer to the City of Anna Exhibit “E” – Preliminary 5-year rate estimate Exhibit “F” – Metering and Sampling Facility Information 29 Executed on this _____ day of ________ 2024 CITY OF ANNA ____________________________ Ryan Henderson City Manager Attest ____________________________ Carrie L. Land, City Secretary Executed on this _____ day of ________ 2024 Collin County Municipal Utility District No. 12 ____________________________ _____________, President Attest ____________________________ Secretary 30 EXHIBIT A CUSTOMER’S SERVICE AREA 31 EXHIBIT B BASIN MAP, INCLUDING APPROVED CONNECTION POINTS 32 EXHIBIT C AN EXAMPLE OF THE METHODOLOGY ANNA SHALL USE TO CALCULATE THE COST OF SERVICE An example of the methodology Anna shall use to calculate the cost of service once the conditions of Section 7.03 are met. *Note: In FY24-25 and FY25-26, Debt Service Interest & Principal for the construction of the facility is only partially included in the rate calculation. The portions not included are being funded solely by the City of Anna. Additional debt service issuances in FY27-28 thru FY29-30 are required to achieve treatment capacity of 4MGD. *Note: A 15% surcharge is included in the base rate for all customers to cover additional service costs, including contract management, financial management, utility billing, and financial consultant costs. 33 EXHIBIT D PROPOSED ANTICIPATED ANNUAL WASTEWATER FLOW FROM MUNICIPAL UTILITY DISTRICT TO CITY OF ANNA Year Eq. New Homes per Year1 Avg. Daily Flow Increase (GPD2) Cumulative Flow Avg. Day (GPD2) Cumulative Flow Avg. Day (MGD2,4) Cumulative Peak Day Flow (MGD3,4) FY2023-2024 0 0 0 0 0 FY2024-2025 0 0 0 0 0 FY2025-2026 103 26059 26059 0.026 0.104 FY2026-2027 130 32890 58949 0.059 0.236 FY2027-2028 152 38456 97405 0.097 0.390 FY2028-2029 170 43010 140415 0.140 0.562 FY2029-2030 175 44275 184690 0.185 0.739 (1) Equivalent single family house flow based on US average of 2.53 people per home (2) Based on 100 gallons, per capita, per day (3) Peaking Day factor of 4 (4) Based on WWTP phasing plan for initial construction (0.5MGD, 2MGD, 4MGD) Anticipated Flow to Anna Interceptor System Collin County Municipal Utility District 12 11/13/2024 Total Equivalent Homes 730 34 EXHIBIT E Preliminary 5-year Rate Estimate Note: Rates shown above are estimates based on cost projections over the rate period. Annual rate calculations will be made and provided to the Customer on an annual basis no less than 60 days prior to the start of each fiscal year. The City of Anna fiscal year begins on October 1st. 35 EXHIBIT F Metering and Sampling Facility Information 36 37 Item No. 6.a. City Council Agenda Staff Report Meeting Date: 1/28/2025 Staff Contact: Stephanie Scott-Sims AGENDA ITEM: Consider/Discuss/Action on a Resolution approving a Service Plan Agreement for municipal services for 4.9± acres in the Extraterritorial Jurisdiction (ETJ), located on the east side of S. Central Expressway (US Highway 75), 484± feet north of W. Outer Loop Road. (ANX 24-0004) (Director of Development Services, Stephanie Scott-Sims, AICP) SUMMARY: One Community Church has submitted a petition to annex 4.9± acres of land. The Service Plan Agreement is required by state law prior to approval of annexation. The annexation request is on this agenda. FINANCIAL IMPACT: This item has no direct financial impact. However, annexation of the property will make it subject to City of Anna property taxes. Properties located in the Extraterritorial Jurisdiction (ETJ) are not taxed by the City. The proposed religious land use of the property is tax exempt, however the underlying zoning of SF-20 would generate property taxes if the property is developed as a residential development in the future. BACKGROUND: One Community Church is seeking to develop the property in accordance with the companion item in this agenda, which is a zoning request and annexation request. This is a required component of the annexation process for the proposed development. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Locator Map - One Community Church (Zone 24-0002) 2. Resolution Service Plan Agreement - One Community Church (ANX 24-0002) 3. Exhibit A Service Plan-Agreement - One Community Church (ANX 24-0002) 4. Annexation and Zoning Legal Description for 4.9 acres - One Community Church (ANX24-0002) TWINCREEKSCIRCENTRALEXPYCOUNT YROAD915 HIGHVIEW LN W FOSTER CROSSING RD W OUTER LOOP RDS CENTRAL EXPYCOUNTYROAD91 6GLEASONLNCOUNTY ROAD 277US HIGHWAY 75East ForkTri nit y Ri v er121 5 V a n A l s t y n e 75 SH 121 SH 5 Subject Property 200' Notice Boundary City Limits ETJ ¯ 0 500 1,000250 Feet December 2024 Zoning & Annexation Exhibit One Community Church - 14.708 Acres Zoning (Zone 24-0002) Inset Map City of Anna, Texas Resolution No. ____________ Page 1 of 2 CITY OF ANNA, TEXAS RESOLUTION NO. ___________ A RESOLUTION ADOPTING A CONDITIONAL AGREEMENT REGARDING SERVICES RELATED TO ANNEXATION OF A 4.9± ACRE TRACT OF LAND WHEREAS, Chapter 43 of the Texas Local Government Code authorizes the annexation of territory, subject to the laws of this state; and WHEREAS, the City of Anna, Texas (the “City”) is a Texas home-rule municipality; and WHEREAS, Section 43.0671 of the Texas Local Government Code authorizes a municipality to extend the boundaries of the municipality and annex areas by request of the owner(s) of the areas; and WHEREAS, on or about December 9, 2024, the respective owners submitted a written request to the City for annexation of a tract of land into the corporate limits of the City (the “Annexation Tract”); and WHEREAS, the Annexation Tract is a 4.9± acre tract of land situated in Robert Johnson Survey, Abstract No. 479, Collin County, Texas, and being all of a 4.90 acre tract of land conveyed to One Community Church, by deed of record in Document Number 2024000046807 of the Official Public Records of Collin County, Texas; and WHEREAS, the owners of the Annexation Tract have executed a conditional written agreement regarding municipal services to be provided by the City in accordance with Texas Local Government Code § 43.0672 (the “Conditional Agreement”) and said agreement is as set forth in EXHIBIT A, attached hereto; and WHEREAS, the Conditional Agreement is conditioned on the City of Anna City Council (the “City Council”) adopting an ordinance annexing the Annexation Tract described above on or before the 28th day of January 2025 and if the City Council does not adopt such ordinances on or before said date then the Conditional Agreement shall be null and void in its entirety; and WHEREAS, the City desires to adopt and enter into the Conditional Agreement; provided, however, that the Conditional Agreement shall not require the City Council to annex the Annexation Tract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF ANNA, TEXAS: SECTION 1. The recitals set forth above are hereby incorporated in this resolution as if set forth in full for all purposes. SECTION 2. The City Council hereby approves and enters into the Conditional Agreement and authorizes the City Manager to execute said agreement on behalf of the City. City of Anna, Texas Resolution No. ____________ Page 2 of 2 SECTION 3. This resolution shall become effective immediately upon the date and time of its adoption and it is accordingly so resolved. PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THIS THE 28TH DAY OF JANUARY 2025. CITY OF ANNA, TEXAS ___________________________________ PETE CAIN MAYOR ATTEST: _______________________________________ CARRIE L. LAND CITY SECRETARY Page 1 of 6 AGREEMENT REGARDING SERVICES This Agreement Regarding Services (this “Agreement” or “Service Plan”) is entered into this 28th day of January, 2025 by and between One Community Church and the City of Anna, Texas a home rule municipality. SUBJECT PROPERTY The real property that is the subject of this Service Plan is described as follows: One Community Church. 4.9± acres on the east side of S. Central Expressway (U.S. Highway 75), 484± feet north of W. Outer Loop Road. AGREEMENT CONDITIONED ON ANNEXATION This Agreement is conditioned on the City of Anna City Council adopting an ordinance annexing the Subject Property described above. Nothing in this Agreement shall require the City Council to annex the Subject Property. POLICE PROTECTION On the effective date of annexation, the City of Anna, Texas and its Police Department will provide police protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. FIRE PROTECTION On the effective date of annexation, the City of Anna, Texas and its Fire Department will provide fire protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. EMERGENCY MEDICAL SERVICES On the effective date of annexation, the City of Anna, Texas will provide emergency medical services to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. Page 2 of 6 SOLID WASTE COLLECTION On the effective date of annexation, the City of Anna, Texas, through its contract with CARDS Dallas, Inc. or another service provider, will provide solid waste collection to residents and businesses in the newly annexed area (to the extent that the service provider has access to the area to be serviced) at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. Such service will be provided in accordance with existing City policies and Ordinances, and only upon payment of any required deposits and the agreement to pay lawful service fees and charges for solid waste collection. Solid waste collection through a subscription with the City’s solid waste franchisee is mandatory for City of Anna residents and businesses operating within the city limits unless provided for otherwise by ordinance. WATER AND WASTEWATER FACILITIES On the effective date of annexation, any and all water or wastewater facilities owned by the City of Anna, Texas at the time of annexation shall be maintained and operated by the City of Anna, Texas. Of such facilities, the City will maintain the main water transmission and wastewater collection lines. All water and wastewater service lines from the building to the easement or right-of-way line, shall be maintained by the property owner served by the service connection. Residents and owners of property in newly annexed areas that are located within the City’s water or wastewater CCN will be offered water and wastewater service in accordance with City policies and ordinances in existence at the time of annexation or as may be amended from time-to-time by the City Council. Generally, these ordinances state that the landowner or customer must bear the cost of construction of water and wastewater system facilities to a point where suitable connection to the existing system can be made and service to the customer can be provided. All water and wastewater facilities designed to connect to the City’s existing system must be approved by the City and meet all City zoning, subdivision, and other development ordinances and requirements. ROADS AND STREETS On the effective date of annexation, any and all existing public roads or streets in the newly annexed area which have been dedicated to Collin County, Texas or to the City of Anna, Texas, or which are owned by the City of Anna, Texas shall be maintained to the same degree and extent that other roads and streets are maintained in areas of the City with similar topography land use and population density. Specific maintenance activities are determined by available funding and the need for maintenance as determined by the City. The City is not obligated to maintain any portion of a private road or street. Any and all lighting of roads and streets which may be positioned in a public right of way, roadway or utility company easement shall be maintained by the applicable utility company Page 3 of 6 servicing that area of the City of Anna, Texas pursuant to the rules regulations and fees of such utility. An owner of land within the newly annexed area that desires to develop said property will be required pursuant to the ordinances of the City of Anna, Texas to provide internal and peripheral streets and to construct those streets in accordance with the specifications required by the City of Anna, Texas. PARKS PLAYGROUNDS AND SWIMMING POOLS OR ANY OTHER PUBLICLY OWNED FACILITY BUILDING OR SERVICE The City Council of the City of Anna, Texas is not aware of the existence of any public parks, public playgrounds, public swimming pools, or any other publicly owned facility, building or service now located in the area proposed for annexation. In the event any such parks, playgrounds, swimming pools, or any other public facilities, buildings or services do exist and are public facilities, the City of Anna, Texas will maintain such areas upon annexation to the same extent and degree that it maintains public parks, public playgrounds, public swimming pools, other public facilities buildings or services and other similar areas of the City now incorporated in the City of Anna, Texas. To the extent that it becomes necessary because of development demands population growth or a bona fide need, the City Council of the City of Anna, Texas will undertake to provide any such facility which it deems necessary to adequately provide for the health and safety of the citizens of the newly incorporated area based upon the standard considerations of topography, land use and population density. OTHER MUNICIPAL SERVICES Following annexation by the City of Anna, Texas, the City will provide code enforcement, planning, and animal control services to the newly annexed area, to the extent such services are funded in the annual budget and provided by the City within its full-purpose boundaries. In addition, the City will provide other municipal services that the City may from time to time provide to other similarly situated areas within the City’s corporate limits. The services referenced in this paragraph will be provided to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. CONSTRUCTION OF CAPITAL IMPROVEMENTS The City Council of the City of Anna, Texas finds and determines it may be necessary to acquire or construct specific capital improvements for the purposes of providing full municipal services to the newly annexed area. These capital improvements shall be constructed as part of the development of the property and may be eligible for impact fee reimbursement. Subject to the foregoing, the City Council finds and determines that it has Page 4 of 6 at the present time adequate facilities to provide the same type, kind and level of service which exists in and is presently being administered to other areas already incorporated in the City of Anna, Texas with the same or similar topography, land use and population density. SPECIFIC FINDINGS The City Council of the City of Anna, Texas finds and determines that this Service Plan will not provide any fewer services and it will not provide a lower level of service in the area proposed to be annexed than were in existence in the proposed area at the time immediately preceding the annexation process. Furthermore, the City Council of the City of Anna, Texas finds and determines that the rural nature of the area is characteristically different from other more highly developed areas within the corporate limits of the City of Anna, Texas. Consequently because of the differing characteristics of topography, land use, and population density the service levels which may ultimately be provided in the newly annexed area may differ somewhat from services provided in other areas of the City of Anna, Texas. These differences are specifically dictated because of differing characteristics of the property. The City of Anna, Texas will undertake to perform consistent with this contract so as to provide this newly annexed area with the same type, kind and quality of service presently enjoyed by the citizens of the City of Anna, Texas who reside in areas of similar topography, land use and population density. AMENDMENTS This Service Plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this Service Plan unworkable or obsolete. The City Council may amend the Service Plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. Page 5 of 6 Owner: One Community Church, a Texas nonprofit corporation By: One Community Church, a Texas nonprofit corporation Title: ______________________ Signature: ____________________________ Printed Name:____________________________ Title: ____________________________ STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of ________________, 2025 by _________________________________________ on behalf of said company. _____________________________ Notary Public, State of Texas Page 6 of 6 City of Anna: By: Name: Ryan Henderson Title: City Manager IN WITNESS WHEROF: STATE OF TEXAS § § COUNTY OF COLLIN § This instrument was acknowledged before me on the ___ day of ________, 2025, by Ryan Henderson as representative of the City of Anna. Notary Public, State of Texas [SEAL] Page 1 of 2 LEGAL DESCRIPTION ZONING & ANNEXATION EXHIBIT ONE COMMUNITY CHURCH – 4.90 ACRES ROBERT JOHNSON SURVEY, ABSTRACT NO. 479 COLLIN COUNTY, TEXAS BEING a 4.90 acre tract of land situated in the Robert Johnson Survey, Abstract No. 479, Collin County, Texas, and being all of a 4.90 acre tract of land conveyed to One Community Church, by deed of record in Document Number 2024000046807 of the Official Public Records of Collin County, Texas; said 4.90 acre tract being more parƟcularly described as follows: BEGINNING at a 3/8” iron rod found at the northeast corner of said 4.90 acre tract; THENCE South 00 degrees 16 minutes 17 seconds East, with the east line of said 4.90 acre tract, a distance of 107.88 feet to a 1/2" iron rod with a cap stamped “CBG” found; THENCE South 00 degrees 20 minutes 54 seconds East, conƟnuing along said east line, a distance of 1,031.19 feet to a 5/8” iron rod with a cap stamped “CLSC” found at the southeast corner of said 4.90 acre tract; THENCE North 41 degrees 30 minutes 03 seconds West, along the southwesterly line of said 4.90 acre tract, a distance of 194.44 feet to a 5/8” iron rod with a cap stamped “CLSC” found at an angle point; THENCE South 88 degrees 36 minutes 09 seconds West, a distance of 58.41 feet to the southeast corner of a 9.81 acre tract of land conveyed to One Community Church by deed of record in Document Number 2024000066066 of the Official Public Records of Collin County, Texas, and being at a southwest corner of said 4.90 acre tract; THENCE North 00 degrees 34 minutes 34 seconds West, along the common line between said 4.90 acre tract and said 9.81 acre tract, a distance of 958.76 feet to a 5/8 iron rod found with a cap found at a re-entrant corner; THENCE North 89 degrees 02 minutes 46 seconds West, conƟnuing along said common line, a distance of 421.56 feet to the southwest corner of said 4.90 acre tract, and being the northwest corner of said 9.81 acre tract, said point being in the east right-of-way line of U.S. Highway 75, a variable width right-of-way; THENCE North 04 degrees 52 minutes 22 seconds East, deparƟng said common line, along said east right-of-way of U.S. 75, a distance of 38.71 feet to the northwest corner of said 4.90 acre tract; THENCE deparƟng said east right-of-ay line of U.S. Highway 75, along the north line of said 4.90 acre tract the following courses and distances: South 89 degrees 17 minutes 37 seconds East, a distance of 340.00 feet to an angle point; South 88 degrees 55 minutes 57 seconds East, a distance of 258.41 feet to an angle point; South 87 degrees 28 minutes 01 second East, a distance of 9.98 feet to the POINT-OF-BEGINNING, containing 213,423 square feet or 4.90 acres of land. Bearings for this descripƟon cited are based on Grid North State Plane Coordinate System, Texas North Central Zone 4202, North American Datum of 1983. Adjustment RealizaƟon (CORS 96). An exhibit of even date accompanies this descripƟon. 9.81 ACRES ONE COMMUNITY CHURCH, A TEXAS NON-PROFIT DOC. 2024000066066 O.P.R.C.C.T.4.90 ACRESONE COMMUNITY CHURCH,A TEXAS NON-PROFITDOC. 2024000046807O.P.R.C.C.T.CALLED 4.3905 ACRES ANNA KSH FARMS LLC DOC. 20220318000438100 O.P.R.C.C.T. LOT 39 LOT 40 LOT 38 LOT 31 LOT 32 WOODLAND MEADOWS CAB. C, PG. 713 O.P.R.C.C.T U.S. HIGHWAY 75(VARIABLE WIDTH RIGHT-OF-WAY)WOODLAND MEADOWS CAB. C, PG. 713 O.P.R.C.C.T WOODLAND MEADOWS CAB. C, PG. 713 O.P.R.C.C.TCOUNTY ROAD 916(60-FOOT RIGHT-OF-WAY)ROBE R T J O H N S O N S U R V E Y ABST R A C T N O. 4 7 9 WILLI A M THRO C K M O R T O N SURV E Y A B S T R A C T NO. 8 9 8 340.00' S89°17'37"E 258.41' S88°55'57"E L2 107.88' S00°16'17"E S00°20'54"E 1031.19'1 9 4 . 4 4 'N4 1 ° 3 0 ' 0 3 "WN03°25'05"E 568.91'TRACT LINETRACT LINE P.O.B. 213,423 sq. ft. 4.900 acres L1N00°34'34"W 958.76'421.56' N89°02'46"W 38.71' N04°52'22"E 1/2" IRF 3/8"IRF (M.D.) 3/8"IRF 1/2" CIRF "CBG" MF 1/2 IRF CAP RPLS 4613 TX-DOT MON. FND. TX-DOT MON. FND. TX-DOT MON. FND. 1/2" IRF 5/8" CIRF "CLSC" 5/8" CIRF 5/8" CIRF "CLSC" 1/2" CIRF CAP DESTROYED Line Table Line # L1 L2 Length 58.41 9.98 Direction S88°36'09"W S87°28'01"E N:\0058479.00\06 CAD\DWG\SURVEY C3D\0058479.00_ZONING 4.90 ACRE.DWG© 2024 Westwood Professional Services, Inc. ANNA, TEXAS 2 OF 2 BEING ALL OF A 4.90 ACRE TRACT OF LAND LOCATED IN THE THE ROBERT JOHNSON SURVEY ABSTRACT NO. 479 COLLIN COUNTY, TEXAS ZONING & ANNEXATION EXHIBIT 4.90 ACRES ZONING EXHIBIT - CITY OF MELISSAPAGE NO. 0'200'400' PROJECT NUMBER: 000058479 LEGEND O.P.R.C.C.T.OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS D.R.C.C.T.DEED RECORDS, COLLIN COUNTY, TEXAS DOC.DOCUMENT NUMBER CAB. PG.CABINET, PAGE M.D.MONUMENTS OF RECORD DIGNITY MON. FND.MONUMENT FOUND IRF IRON ROD FOUND CIRF CAPPED IRON ROD FOUND 11/19/2024DATE: JASON B. ARMSTRONG RPLS NO. 5557 TEXAS REGISTERED PROFESSIONAL LAND SURVEYOR This exhibit and the description attached were prepared using record documents. No field work was collected or monumentation verified on the ground. Item No. 6.b. City Council Agenda Staff Report Meeting Date: 1/28/2025 Staff Contact: Stephanie Scott-Sims AGENDA ITEM: Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to annex 4.9± acres located on the east side of S. Central Expressway (U.S. Highway 75), 484± feet north of W. Outer Loop Road. (ANX 24-0004). (Director of Development Services, Stephanie Scott-Sims, AICP) SUMMARY: One Community Church has submitted a petition to annex 4.9± acres of land. The Service Plan Agreement is required by state law prior to approval of annexation. The request to enter into a Service Plan Agreement for the development is on this agenda. FINANCIAL IMPACT: This item has no direct financial impact. However, annexation of the property will make it subject to City of Anna property taxes. Properties located in the Extraterritorial Jurisdiction (ETJ) are not taxed by the City. The proposed religious land use of the property is tax exempt, however the underlying zoning of SF-20 would generate property taxes if the property is developed as a residential development in the future. BACKGROUND: One Community Church is seeking to develop the property in accordance with the companion item in this agenda, which is a zoning request. This is required prior to the zoning process for the proposed development. CASE OVERVIEW The property in question includes two separate, contiguous tracts of land. The western tract is located within the City of Anna and the eastern tract is located within the City’s Extraterritorial Jurisdiction (ETJ). The applicant is proposing to use the properties in their entirety for a religious facility. The applicant is requesting to: 1. Annex the eastern tract that is currently in the City’s Extraterritorial Jurisdiction (ETJ), 2. Zone the newly annexed tract Single-Family Residential-20 (SF-20), and 3. Rezone the western tract that is currently within the city limits from Single-Family Residential – Large Lot (SF-E) to Single-Family Residential-20 (SF-20). Under State statute and City Ordinance, the City Council has authority to approve Annexation requests without review and recommendation from the Planning & Zoning Commission. However, under State statute and City Ordinance, the Planning & Zoning Commission is required to review and provide a recommendation to City Council on all zoning requests. At the January 6th Planning & Zoning Commission meeting, the Commission recommended approval (7-0) subject to approval of the associated annexation. Upon annexation of the eastern 4.9± acre tract, Sec. 9.04.009 of the City of Anna Zoning Ordinance states that Agricultural (AG) District is the default zoning for newly annexed property until approval of a zoning request. The proposed actions outlined above will ensure that the entirety of the property is annexed into the City of Anna and zoned Single-Family Residential-20 (SF-20). Staff recommends zoning the property SF-20 District, to accommodate the intended use. Additionally, in the event that the properties do not develop as a religious use, the property would either have to develop with residential uses allowed by right within the SF-20 District or be rezoned to accommodate more intense uses. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Locator Annexation - One Community Church (ANX 24-0002) 2. Ordinance Annexation - One Community Church (ANX 24-0002) 3. Exhibit A Legal Description - One Community Church (ANX 24-0002) 4. Exhibit B Service Plan-Agreement - One Community Church (ANX 24-0002) USHIGHWAY75W OUTER LOOP RDW FOSTER CROSSING RD S CENTRAL EXPYCOUNTYROAD916 East ForkTri nit y Ri v er121 5 V a n A l s t y n e 75 SH 121 SH 5 Subject Property City Limits ETJ ¯ 0 400 800200 Feet January 2025 Annexation Exhibit One Community Church - 4.9 Acres Annexation (ANX 24-0004) Inset Map City of Anna, Texas Ordinance No. ____________ Page 1 of 2 CITY OF ANNA, TEXAS ORDINANCE NO. _____________________ AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF ANNA, COLLIN COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID MUNICIPALITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN SAID MUNICIPAL CORPORATE LIMITS AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY AS SET FORTH HEREIN; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 43 of the Texas Local Government Code authorizes the annexation of territory, subject to the laws of this state; and WHEREAS, the City of Anna, Texas (the “City”) is a Texas home-rule municipality; and WHEREAS, Section 43.0671 of the Texas Local Government Code authorizes a municipality to extend the boundaries of the municipality and annex areas by request of the owner(s) of the areas; and WHEREAS, the procedures prescribed by the Texas Local Government Code and the laws of this state have been duly followed with respect to the City’s annexation of following described territory, to wit: a tract of land situated in Robert Johnson Survey, Abstract No. 479, Collin County, Texas, and being all of a 4.90 acre tract of land conveyed to One Community Church, by deed of record in Document Number 2024000046807 of the Official Public Records of Collin County, Texas; and WHEREAS, the land being annexed under this ordinance (the “Annexation Tract”) is described and depicted more specifically in EXHIBIT A, attached hereto; and WHEREAS, the Annexation Tract is wholly located with the City’s extraterritorial jurisdiction; and WHEREAS, on or about December 9, 2024, the respective owner of the Annexation Tract submitted a written request to the City for annexation of said tract into the corporate limits of the City and the City and said owners have entered into a written agreement regarding municipal services to be provided by the City in accordance with Texas Local Government Code § 43.0672 and said written agreement is as set forth in EXHIBIT B, attached hereto; and WHEREAS, the City timely published notice and held a public hearing on this annexation at a duly noticed public meeting in accordance with the laws of this state; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: City of Anna, Texas Ordinance No. ____________ Page 2 of 2 SECTION 1. The recitals set forth above are hereby incorporated in this ordinance as if set forth in full for all purposes. SECTION 2. The Annexation Tract is hereby annexed into the corporate boundary limits of the City of Anna, Collin County, Texas, and that said corporate boundary limits of the City of Anna be and the same are hereby extended to include the above described territory within the corporate limits of the City, and the same shall hereafter be included within the territorial limits of the City, and the inhabitants thereof shall hereafter as set forth be entitled to all the rights and privileges of other similarly situated citizens of the City of Anna and they shall be bound by the acts, ordinances, resolutions, regulations and all other legal acts of said city. SECTION 3. The official map and boundaries of the City of Anna are hereby amended and revised so as to include the area annexed, and to reflect the expansion of the City's extraterritorial jurisdiction resulting from such annexation and the City Manager is directed to take all actions necessary to make said changes to the official boundary map of the City. SECTION 4. The City Secretary is hereby directed to file a certified copy of this ordinance and the amended official boundary map referenced in Section 3 with the with the County Clerk of Collin, Texas and the Texas Comptroller’s Office. SECTION 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance be severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, and the remainder of this ordinance shall be enforced as written. SECTION 6. All ordinances and parts thereof in conflict herewith are hereby expressly repealed insofar as they conflict herewith. SECTION 7.This ordinance shall become effective immediately upon the date and time of its adoption and it is accordingly so ordained. PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THIS THE 28TH DAY OF JANUARY 2025. CITY OF ANNA, TEXAS ___________________________________ PETE CAIN, MAYOR ATTEST: _______________________________________ CARRIE L. LAND, CITY SECRETARY Page 1 of 2 LEGAL DESCRIPTION ZONING & ANNEXATION EXHIBIT ONE COMMUNITY CHURCH – 4.90 ACRES ROBERT JOHNSON SURVEY, ABSTRACT NO. 479 COLLIN COUNTY, TEXAS BEING a 4.90 acre tract of land situated in the Robert Johnson Survey, Abstract No. 479, Collin County, Texas, and being all of a 4.90 acre tract of land conveyed to One Community Church, by deed of record in Document Number 2024000046807 of the Official Public Records of Collin County, Texas; said 4.90 acre tract being more parƟcularly described as follows: BEGINNING at a 3/8” iron rod found at the northeast corner of said 4.90 acre tract; THENCE South 00 degrees 16 minutes 17 seconds East, with the east line of said 4.90 acre tract, a distance of 107.88 feet to a 1/2" iron rod with a cap stamped “CBG” found; THENCE South 00 degrees 20 minutes 54 seconds East, conƟnuing along said east line, a distance of 1,031.19 feet to a 5/8” iron rod with a cap stamped “CLSC” found at the southeast corner of said 4.90 acre tract; THENCE North 41 degrees 30 minutes 03 seconds West, along the southwesterly line of said 4.90 acre tract, a distance of 194.44 feet to a 5/8” iron rod with a cap stamped “CLSC” found at an angle point; THENCE South 88 degrees 36 minutes 09 seconds West, a distance of 58.41 feet to the southeast corner of a 9.81 acre tract of land conveyed to One Community Church by deed of record in Document Number 2024000066066 of the Official Public Records of Collin County, Texas, and being at a southwest corner of said 4.90 acre tract; THENCE North 00 degrees 34 minutes 34 seconds West, along the common line between said 4.90 acre tract and said 9.81 acre tract, a distance of 958.76 feet to a 5/8 iron rod found with a cap found at a re-entrant corner; THENCE North 89 degrees 02 minutes 46 seconds West, conƟnuing along said common line, a distance of 421.56 feet to the southwest corner of said 4.90 acre tract, and being the northwest corner of said 9.81 acre tract, said point being in the east right-of-way line of U.S. Highway 75, a variable width right-of-way; THENCE North 04 degrees 52 minutes 22 seconds East, deparƟng said common line, along said east right-of-way of U.S. 75, a distance of 38.71 feet to the northwest corner of said 4.90 acre tract; THENCE deparƟng said east right-of-ay line of U.S. Highway 75, along the north line of said 4.90 acre tract the following courses and distances: South 89 degrees 17 minutes 37 seconds East, a distance of 340.00 feet to an angle point; South 88 degrees 55 minutes 57 seconds East, a distance of 258.41 feet to an angle point; South 87 degrees 28 minutes 01 second East, a distance of 9.98 feet to the POINT-OF-BEGINNING, containing 213,423 square feet or 4.90 acres of land. Bearings for this descripƟon cited are based on Grid North State Plane Coordinate System, Texas North Central Zone 4202, North American Datum of 1983. Adjustment RealizaƟon (CORS 96). An exhibit of even date accompanies this descripƟon. 9.81 ACRES ONE COMMUNITY CHURCH, A TEXAS NON-PROFIT DOC. 2024000066066 O.P.R.C.C.T.4.90 ACRESONE COMMUNITY CHURCH,A TEXAS NON-PROFITDOC. 2024000046807O.P.R.C.C.T.CALLED 4.3905 ACRES ANNA KSH FARMS LLC DOC. 20220318000438100 O.P.R.C.C.T. LOT 39 LOT 40 LOT 38 LOT 31 LOT 32 WOODLAND MEADOWS CAB. C, PG. 713 O.P.R.C.C.T U.S. HIGHWAY 75(VARIABLE WIDTH RIGHT-OF-WAY)WOODLAND MEADOWS CAB. C, PG. 713 O.P.R.C.C.T WOODLAND MEADOWS CAB. C, PG. 713 O.P.R.C.C.TCOUNTY ROAD 916(60-FOOT RIGHT-OF-WAY)ROBE R T J O H N S O N S U R V E Y ABST R A C T N O. 4 7 9 WILLI A M THRO C K M O R T O N SURV E Y A B S T R A C T NO. 8 9 8 340.00' S89°17'37"E 258.41' S88°55'57"E L2 107.88' S00°16'17"E S00°20'54"E 1031.19'1 9 4 . 4 4 'N4 1 ° 3 0 ' 0 3 "WN03°25'05"E 568.91'TRACT LINETRACT LINE P.O.B. 213,423 sq. ft. 4.900 acres L1N00°34'34"W 958.76'421.56' N89°02'46"W 38.71' N04°52'22"E 1/2" IRF 3/8"IRF (M.D.) 3/8"IRF 1/2" CIRF "CBG" MF 1/2 IRF CAP RPLS 4613 TX-DOT MON. FND. TX-DOT MON. FND. TX-DOT MON. FND. 1/2" IRF 5/8" CIRF "CLSC" 5/8" CIRF 5/8" CIRF "CLSC" 1/2" CIRF CAP DESTROYED Line Table Line # L1 L2 Length 58.41 9.98 Direction S88°36'09"W S87°28'01"E N:\0058479.00\06 CAD\DWG\SURVEY C3D\0058479.00_ZONING 4.90 ACRE.DWG© 2024 Westwood Professional Services, Inc. ANNA, TEXAS 2 OF 2 BEING ALL OF A 4.90 ACRE TRACT OF LAND LOCATED IN THE THE ROBERT JOHNSON SURVEY ABSTRACT NO. 479 COLLIN COUNTY, TEXAS (ANX 24-0004) ZONING & ANNEXATION EXHIBIT 4.90 ACRES ZONING EXHIBIT - CITY OF ANNAPAGE NO. 0'200'400' PROJECT NUMBER: 000058479 LEGEND O.P.R.C.C.T.OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS D.R.C.C.T.DEED RECORDS, COLLIN COUNTY, TEXAS DOC.DOCUMENT NUMBER CAB. PG.CABINET, PAGE M.D.MONUMENTS OF RECORD DIGNITY MON. FND.MONUMENT FOUND IRF IRON ROD FOUND CIRF CAPPED IRON ROD FOUND 11/19/2024DATE: JASON B. ARMSTRONG RPLS NO. 5557 TEXAS REGISTERED PROFESSIONAL LAND SURVEYOR This exhibit and the description attached were prepared using record documents. No field work was collected or monumentation verified on the ground. Page 1 of 6 AGREEMENT REGARDING SERVICES This Agreement Regarding Services (this “Agreement” or “Service Plan”) is entered into this 28th day of January, 2025 by and between One Community Church and the City of Anna, Texas a home rule municipality. SUBJECT PROPERTY The real property that is the subject of this Service Plan is described as follows: One Community Church. 4.9± acres on the east side of S. Central Expressway (U.S. Highway 75), 484± feet north of W. Outer Loop Road. AGREEMENT CONDITIONED ON ANNEXATION This Agreement is conditioned on the City of Anna City Council adopting an ordinance annexing the Subject Property described above. Nothing in this Agreement shall require the City Council to annex the Subject Property. POLICE PROTECTION On the effective date of annexation, the City of Anna, Texas and its Police Department will provide police protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. FIRE PROTECTION On the effective date of annexation, the City of Anna, Texas and its Fire Department will provide fire protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. EMERGENCY MEDICAL SERVICES On the effective date of annexation, the City of Anna, Texas will provide emergency medical services to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. Page 2 of 6 SOLID WASTE COLLECTION On the effective date of annexation, the City of Anna, Texas, through its contract with CARDS Dallas, Inc. or another service provider, will provide solid waste collection to residents and businesses in the newly annexed area (to the extent that the service provider has access to the area to be serviced) at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. Such service will be provided in accordance with existing City policies and Ordinances, and only upon payment of any required deposits and the agreement to pay lawful service fees and charges for solid waste collection. Solid waste collection through a subscription with the City’s solid waste franchisee is mandatory for City of Anna residents and businesses operating within the city limits unless provided for otherwise by ordinance. WATER AND WASTEWATER FACILITIES On the effective date of annexation, any and all water or wastewater facilities owned by the City of Anna, Texas at the time of annexation shall be maintained and operated by the City of Anna, Texas. Of such facilities, the City will maintain the main water transmission and wastewater collection lines. All water and wastewater service lines from the building to the easement or right-of-way line, shall be maintained by the property owner served by the service connection. Residents and owners of property in newly annexed areas that are located within the City’s water or wastewater CCN will be offered water and wastewater service in accordance with City policies and ordinances in existence at the time of annexation or as may be amended from time-to-time by the City Council. Generally, these ordinances state that the landowner or customer must bear the cost of construction of water and wastewater system facilities to a point where suitable connection to the existing system can be made and service to the customer can be provided. All water and wastewater facilities designed to connect to the City’s existing system must be approved by the City and meet all City zoning, subdivision, and other development ordinances and requirements. ROADS AND STREETS On the effective date of annexation, any and all existing public roads or streets in the newly annexed area which have been dedicated to Collin County, Texas or to the City of Anna, Texas, or which are owned by the City of Anna, Texas shall be maintained to the same degree and extent that other roads and streets are maintained in areas of the City with similar topography land use and population density. Specific maintenance activities are determined by available funding and the need for maintenance as determined by the City. The City is not obligated to maintain any portion of a private road or street. Any and all lighting of roads and streets which may be positioned in a public right of way, roadway or utility company easement shall be maintained by the applicable utility company Page 3 of 6 servicing that area of the City of Anna, Texas pursuant to the rules regulations and fees of such utility. An owner of land within the newly annexed area that desires to develop said property will be required pursuant to the ordinances of the City of Anna, Texas to provide internal and peripheral streets and to construct those streets in accordance with the specifications required by the City of Anna, Texas. PARKS PLAYGROUNDS AND SWIMMING POOLS OR ANY OTHER PUBLICLY OWNED FACILITY BUILDING OR SERVICE The City Council of the City of Anna, Texas is not aware of the existence of any public parks, public playgrounds, public swimming pools, or any other publicly owned facility, building or service now located in the area proposed for annexation. In the event any such parks, playgrounds, swimming pools, or any other public facilities, buildings or services do exist and are public facilities, the City of Anna, Texas will maintain such areas upon annexation to the same extent and degree that it maintains public parks, public playgrounds, public swimming pools, other public facilities buildings or services and other similar areas of the City now incorporated in the City of Anna, Texas. To the extent that it becomes necessary because of development demands population growth or a bona fide need, the City Council of the City of Anna, Texas will undertake to provide any such facility which it deems necessary to adequately provide for the health and safety of the citizens of the newly incorporated area based upon the standard considerations of topography, land use and population density. OTHER MUNICIPAL SERVICES Following annexation by the City of Anna, Texas, the City will provide code enforcement, planning, and animal control services to the newly annexed area, to the extent such services are funded in the annual budget and provided by the City within its full-purpose boundaries. In addition, the City will provide other municipal services that the City may from time to time provide to other similarly situated areas within the City’s corporate limits. The services referenced in this paragraph will be provided to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. CONSTRUCTION OF CAPITAL IMPROVEMENTS The City Council of the City of Anna, Texas finds and determines it may be necessary to acquire or construct specific capital improvements for the purposes of providing full municipal services to the newly annexed area. These capital improvements shall be constructed as part of the development of the property and may be eligible for impact fee reimbursement. Subject to the foregoing, the City Council finds and determines that it has Page 4 of 6 at the present time adequate facilities to provide the same type, kind and level of service which exists in and is presently being administered to other areas already incorporated in the City of Anna, Texas with the same or similar topography, land use and population density. SPECIFIC FINDINGS The City Council of the City of Anna, Texas finds and determines that this Service Plan will not provide any fewer services and it will not provide a lower level of service in the area proposed to be annexed than were in existence in the proposed area at the time immediately preceding the annexation process. Furthermore, the City Council of the City of Anna, Texas finds and determines that the rural nature of the area is characteristically different from other more highly developed areas within the corporate limits of the City of Anna, Texas. Consequently because of the differing characteristics of topography, land use, and population density the service levels which may ultimately be provided in the newly annexed area may differ somewhat from services provided in other areas of the City of Anna, Texas. These differences are specifically dictated because of differing characteristics of the property. The City of Anna, Texas will undertake to perform consistent with this contract so as to provide this newly annexed area with the same type, kind and quality of service presently enjoyed by the citizens of the City of Anna, Texas who reside in areas of similar topography, land use and population density. AMENDMENTS This Service Plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this Service Plan unworkable or obsolete. The City Council may amend the Service Plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. Page 5 of 6 Owner: One Community Church, a Texas nonprofit corporation By: One Community Church, a Texas nonprofit corporation Title: ______________________ Signature: ____________________________ Printed Name:____________________________ Title: ____________________________ STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of ________________, 2025 by _________________________________________ on behalf of said company. _____________________________ Notary Public, State of Texas Page 6 of 6 City of Anna: By: Name: Ryan Henderson Title: City Manager IN WITNESS WHEROF: STATE OF TEXAS § § COUNTY OF COLLIN § This instrument was acknowledged before me on the ___ day of ________, 2025, by Ryan Henderson as representative of the City of Anna. Notary Public, State of Texas [SEAL] Item No. 6.c. City Council Agenda Staff Report Meeting Date: 1/28/2025 Staff Contact: Stephanie Scott-Sims AGENDA ITEM: Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to zone 4.9± acres located on the east side of S. Central Expressway (U.S. Highway 75), 484± feet north of W. Outer Loop Road from the default Agricultural (AG) Zoning District to Single-Family Residential-20 (SF-20) and rezone 9.8± acres located on the east side of S. Central Expressway (U.S. Highway 75), 484± feet north of W. Outer Loop Road from Single- Family Residential - Large Lot (SF-E) to Single-Family Residential-20 (SF-20). (Zone 24-0002) (Director of Development Services, Stephanie Scott-Sims, AICP) SUMMARY: The applicant is requesting to establish zoning on newly annexed tract of land and to rezone a tract of land from Single-Family Residential - Large Lot to Single-Family Residential-20 (SF-20). The Planning & Zoning Commission recommended approval (7-0) subject to approval of the associated annexation. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: HISTORY November 9, 2010 - City Council approved entering into a Development Agreement with the property owner to defer annexation of the eastern lot. (Res. No. 2010-11-02). February 22, 2016 – City Council approved the annexation of the western lot. The lot was not rezoned and was given the default zoning of Single-Family Residential - Large Lot. CASE OVERVIEW The property in question includes two separate, contiguous tracts of land. The western tract is located within the City of Anna and the eastern tract is located within the City’s Extraterritorial Jurisdiction (ETJ). The applicant is proposing to use the properties in their entirety for a religious facility. BACKGROUND The applicant is requesting to: 1. Annex the eastern tract that is currently in the City’s Extraterritorial Jurisdiction (ETJ), 2. Zone the newly annexed tract Single-Family Residential-20 (SF-20), and 3. Rezone the western tract that is currently within the city limits from Single-Family Residential – Large Lot (SF-E) to Single-Family Residential-20 (SF-20). Under State statute and City Ordinance, the City Council has authority to approve Annexation requests without review and recommendation from the Planning & Zoning Commission. However, under State statute and City Ordinance, the Planning & Zoning Commission is required to review and provide a recommendation to City Council on all zoning requests. At the January 6th Planning & Zoning Commission meeting, the Commission recommended approval (7-0) subject to approval of the associated annexation. Upon annexation of the eastern 4.9± acre tract, Sec. 9.04.009 of the City of Anna Zoning Ordinance states that Agricultural (AG) District is the default zoning for newly annexed property until approval of a zoning request. The proposed actions outlined above will ensure that the entirety of the property is annexed into the City of Anna and zoned Single-Family Residential-20 (SF-20). Staff recommends zoning the property SF-20 District, to accommodate the intended use. Additionally, in the event that the properties do not develop as a religious use, the property would either have to develop with residential uses allowed by right within the SF-20 District, or be rezoned to accommodate more intense uses. Direction Land Use Zoning Comprehensive Plan North Two single-family, detached residences ETJ Rural Living East Vacant lot ETJ Ranching & Agriculture & Parks & Open Space South Vacant lot Zoned PD-C-3 (Ord. 1057-2023-06) Professional Campus & Parks & Open Space West One single-family, detached residence and four vacant lots SF-E Employment Mix COMPATIBILITY CONSIDERATIONS - Future Land Use Plan: The Anna 2050 Future Land Use Plan identifies this area as Professional Campus and Parks & Open Space place types. The proposed religious facility use aligns with the Professional Campus place type because religious facilities are allowed within commercial and office areas. - Thoroughfare Plan: The Master Thoroughfare Plan does not identify additional thoroughfares in this area. - Access: The development has direct access to S. Central Expressway from I-75 and the W. Outer Loop Road. There may be an opportunity to provide an access easement to the commercial property to the south. - Existing Utilities: Water lines are currently available to the property. The development will be responsible for constructing sewer lines to service the property. - Schools: Anna ISD has not identified future school locations as part of this development. - Parks and Public Trails: The Anna 2050 Parks Master Plan does not identify this area in need of a park or trail. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Locator Zoning - One Community Church (ZONE 245-0002) 2. Ordinance - One Community Church (Zone 24-0002) (1) 3. Exhibit A (Legal Description & Zoning Exhibit) - One Community Church (Zone 24-0002) TWINCREEKSCIRCENTRALEXPYCOUNT YROAD915 HIGHVIEW LN W FOSTER CROSSING RD W OUTER LOOP RDS CENTRAL EXPYCOUNTYROAD91 6GLEASONLNCOUNTY ROAD 277US HIGHWAY 75East ForkTri nit y Ri v er121 5 V a n A l s t y n e 75 SH 121 SH 5 Subject Property 200' Notice Boundary City Limits ETJ ¯ 0 500 1,000250 Feet January 2025 Zoning Exhibit One Community Church - 14.708 Acres Zoning (Zone 24-0002) Inset Map 1 CITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located on the east side of S. Central Expressway (U.S. Highway 75), 484± feet north of W. Outer Loop) ORDINANCE NO. ________________ AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY’S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas (“City”) has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a requested zoning change on Property described and depicted in Exhibit A (Legal Description & Zoning Exhibit) (“Property”) attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally lo located on the east side of S. Central Expressway (U.S. Highway 75), 484± feet north of W. Outer Loop being rezoned from Agricultural (AG) District and Single-Family Residential – Large Lot (SF-E) District to Single-Family Residential (SF-20.0) District zoning; and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna (“City Council”) have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1.Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2.Zoning Change The Anna City Code of Ordinances are hereby amended by changing the zoning of the Property described and depicted in Exhibit A (Legal Description & Zoning Exhibit) from Agricultural (AG) District and Single-Family Residential – Large Lot (SF-E) District to Single-Family Residential (SF- 20.0). 2 Section 3.Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4.Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Section 5.Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6.Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this 28th day of January, 2025. ATTESTED: APPROVED: ________________________________ _________________________ Carrie L. Land, City Secretary Pete Cain, Mayor Page 1 of 3 LEGAL DESCRIPTION ZONING & ANNEXATION EXHIBIT ONE COMMUNITY CHURCH – 14.708 ACRES ROBERT JOHNSON SURVEY, ABSTRACT NO. 479 & WILLIAM THROCKMORTON SURVEY, ABSTRACT NO. 898 COLLIN COUNTY, TEXAS BEING a 14.708 acre tract of land situated in the Robert Johnson Survey, Abstract No. 479 & the William Throckmorton Survey, Abstract No. 898, Collin County, Texas, and being all of a 9.81 acre tract of land conveyed to One Community Church, by deed of record in Document Number 2024000066066 of the Official Public Records of Collin County, Texas, and being all of a 4.90 acre tract of land conveyed to One Community Church, by deed of record in Document Number 2024000046807 of the Official Public Records of Collin County, Texas; said 14.708 acre tract being more parƟcularly described as follows: BEGINNING at a 3/8” iron rod found at the northeast corner of said 4.90 acre tract; THENCE South 00 degrees 16 minutes 17 seconds East, with the east line of said 4.90 acre tract, a distance of 107.88 feet to a 1/2" iron rod with a cap stamped “CBG” found; THENCE South 00 degrees 20 minutes 54 seconds East, conƟnuing along said east line, a distance of 1,031.19 feet to a 5/8” iron rod with a cap stamped “CLSC” found at the southeast corner of said 4.90 acre tract; THENCE North 41 degrees 30 minutes 03 seconds West, along the southwesterly line of said 4.90 acre tract, a distance of 194.44 feet to a 5/8” iron rod with a cap stamped “CLSC” found at an angle point; THENCE South 88 degrees 33 minutes 00 seconds West, at a distance of 58.41 feet passing a southwest corner of said 4.90 acre tract and southeast corner of said 9.81 acre tract, conƟnuing in all a total distance of 530.80 feet to a point in the east right-of-way line of U.S. Highway 75, a variable width right-of-way; THENCE conƟnuing along said east right-of-way line of U.S. Highway 75 the following courses and distances: North 03 degrees 25 minutes 5 seconds East, a distance of 568.91 feet to a TxDOT monument found at an angle point; North 13 degrees 31 minutes 56 seconds East, a distance of 76.76 feet to a TxDOT monument found at an angle point; North 08 degrees 47 minutes 57 seconds West, a distance of 45.96 feet to an angle point; North 06 degrees 42 minutes 26 seconds West, a distance of 140.98 feet to an angle point; North 04 degrees 52 minutes 22 seconds East, at a distance of 149.83 feet passing a southwest corner of said 4.90 acre tract, said point also being at the northwest corner of said 9.81 acre tract, conƟnuing along said east right-of-way line, in all a total distance of 188.53 feet to the northwest corner of said 4.90 acre tract; Page 2 of 3 THENCE deparƟng said east right-of-way line of U.S. Highway 75, along the north line of said 4.90 acre tract, the following courses and distances: South 89 degrees 17 minutes 37 seconds East, a distance of 340.00 feet to an angle point; South 88 degrees 55 minutes 57 seconds East, a distance of 258.41 feet to an angle point; South 87 degrees 28 minutes 01 second East, a distance of 9.98 feet to the POINT-OF-BEGINNING, containing 640,697 square feet or 14.708 acres of land. Bearings for this descripƟon cited are based on Grid North State Plane Coordinate System, Texas North Central Zone 4202, North American Datum of 1983. Adjustment RealizaƟon (CORS 96). An exhibit of even date accompanies this descripƟon. 9.81 ACRES ONE COMMUNITY CHURCH, A TEXAS NON-PROFIT DOC. 2024000066066 O.P.R.C.C.T.4.90 ACRESONE COMMUNITY CHURCH,A TEXAS NON-PROFITDOC. 2024000046807O.P.R.C.C.T.CALLED 4.3905 ACRES ANNA KSH FARMS LLC DOC. 20220318000438100 O.P.R.C.C.T. LOT 39 LOT 40 LOT 38 LOT 31 LOT 32 LOT 37 WOODLAND MEADOWS CAB. C, PG. 713 O.P.R.C.C.T U.S. HIGHWAY 75(VARIABLE WIDTH RIGHT-OF-WAY)WOODLAND MEADOWS CAB. C, PG. 713 O.P.R.C.C.T WOODLAND MEADOWS CAB. C, PG. 713 O.P.R.C.C.TCOUNTY ROAD 916(60-FOOT RIGHT-OF-WAY)ROBE R T J O H N S O N S U R V E Y ABST R A C T N O. 4 7 9 WILLI A M THRO C K M O R T O N SURV E Y A B S T R A C T NO. 8 9 8 640,697 sq. ft. 14.708 acres 340.00' S89°17'37"E 258.41' S88°55'57"E 9.98' S87°28'01"E 107.88' S00°16'17"E S00°20'54"E 1031.19'1 9 4 . 4 4 'N4 1 ° 3 0 ' 0 3 "W 530.80' S88°36'09"WN03°25'05"E 568.91'76.76' N13°31'56"E 45.96' N08°47'57"W 140.98' N06°42'26"W 188.53'N04°52'22"E1/2" IRF 3/8"IRF (M.D.) 3/8"IRF 1/2" CIRF "CBG" MF 1/2 IRF CAP RPLS 4613 TX-DOT MON. FND. TX-DOT MON. FND. TX-DOT MON. FND. 1/2" IRF 5/8" CIRF "CLSC" 5/8" CIRF "CLSC" 1/2" CIRF CAP DESTROYED 5/8" CIRF TRACT LINETRACT LINE P.O.B. 58.41'149.83N:\0058479.00\06 CAD\DWG\SURVEY C3D\0058479.00_ZONING ALL.DWG© 2024 Westwood Professional Services, Inc. ANNA, TEXAS 3 OF 3 BEING ALL OF A 9.81 ACRE TRACT OF LAND AND ALL OF A 4.90 ACRE TRACT OF LAND LOCATED IN THE WIILLIAM THROCKMORTON SURVEY, ABSTRACT NO. 898 AND THE ROBERT JOHNSON SURVEY ABSTRACT NO. 479 COLLIN COUNTY, TEXAS (ZONE 24-0002) ZONING & ANNEXATION EXHIBIT 14.708 ACRES ZONING EXHIBIT - CITY OF ANNAPAGE NO. 0'200'400' PROJECT NUMBER: 000058479 LEGEND O.P.R.C.C.T.OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS D.R.C.C.T.DEED RECORDS, COLLIN COUNTY, TEXAS DOC.DOCUMENT NUMBER CAB. PG.CABINET, PAGE M.D.MONUMENTS OF RECORD DIGNITY MON. FND.MONUMENT FOUND IRF IRON ROD FOUND CIRF CAPPED IRON ROD FOUND 11/19/2024DATE: JASON B. ARMSTRONG RPLS NO. 5557 TEXAS REGISTERED PROFESSIONAL LAND SURVEYOR This exhibit and the description attached were prepared using record documents. No field work was collected or monumentation verified on the ground. Item No. 6.d. City Council Agenda Staff Report Meeting Date: 1/28/2025 Staff Contact: Stephanie Scott-Sims AGENDA ITEM: Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to rezone 34.7± acres located on the north side of W. Foster Crossing, 305± feet east of Pecan Grove Drive ("Property"), from Planned Development/Single-Family Residential (R-1)/Multiple Family Residential (R-4)) (Ord. No. 2002-27A) to Planned Development/Multi-Family (MF)/Local Commercial (C-1) (PD/MF/C-1). (Zone 24-0003) (Director of Development Services, Stephanie Scott-Sims, AICP) SUMMARY: The applicant is requesting to rezone the property from a single-family Planned Development to Local Commercial (C-1) and Planned Development/Multi-Family (PD/MF) restricted to a townhome product. At their January 6, 2025 meeting, the Planning and Zoning Commission recommended denial (5-2). FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: HISTORY September 10, 2002 – City Council annexed (Ord. No. 2002-27) and zoned the property Planned Development/Single-Family Residential (R-1)/Multiple Family Residential (R-4) allowing some local commercial uses. (PD/Single-Family Residential (R-1)/Multiple Family Residential (R-4) (Ord. No. 2002-27A). CASE OVERVIEW The applicant is requesting to rezone the property from Planned Development with a single-family residential that allows limited commercial uses and multiple-family base zoning to a Planned Development with a multi-family and local commercial base zoning. The proposal consists of two developments. On the property south of the existing single-family residential subdivision, extending to W. Foster Crossing Road, the applicant is proposing a multi-family townhome unit development, with approximately 34 two-story townhome buildings containing a total of 260 one-, two-, and three-bedroom units. The proposal includes a total of 563 parking spaces, with a mix of tuck under garage, tandem, and surface spaces. The City of Anna Zoning Ordinance defines a Townhome Unit as: A dwelling that is part of a structure containing three or more dwellings, each designed and constructed for occupancy by one family, with each dwelling unit attached by a common wall to another, in which each dwelling is located on a parcel of land or lot under one ownership. The applicant is proposing three blocks or a total of 11.6± acres of local commercial development on three tracts of land east of the existing single-family residential subdivision, on the east and west sides of the proposed Ferguson Parkway extension. REQUESTED ZONING MODIFICATIONS As part of the zoning request, the applicant is requesting the following modifications from the Zoning Ordinance requirements as further explained in attached Exhibit 3 (Justification Letter) 1. Density: Sec. 9.04.018(d)(9) of the Zoning Ordinance restricts Townhome Units to a maximum density of 12 units per acre. The applicant is requesting to increase the maximum Townhome Unit density to 14 units per acre. Total Net Acres = 18.5 acres. 12 units per acre = 222 units maximum density allowed under the Zoning Ordinance. 14 units per acre = 259 units maximum density. *The Applicant’s Concept Plan shows 260 units or 14.05 units per acre maximum density, which exceeds the Applicant’s requested maximum density by one unit and needs to be revised. 2. Open Space: Sec. 9.04.029 of the Zoning Ordinance requires each Townhome Unit provide an amount of usable open space of 600 square feet of open space for the first bedroom and an additional 300 square feet per additional bedroom. The applicant requests to establish the maximum open space to 15% of the net area of the lot. Open Space Required per Zoning Ordinance: 600 square feet for the first bedroom plus an additional 300 square feet per additional bedroom. 1-Bedroom units = 52 units 2-Bedrooms units = 114 units 3-Bedrooms units = 94 units Total Unit Count = 260 units 1-Bedroom units = 52 units x 600 square feet of open space = 31,200 square feet of required open space 2-Bedroom units = 114 units x 900 square feet of open space = 102,600 square feet of required open space 3-Bedroom units = 94 units x 1,200 square feet of open space = 112,800 square feet of required open space. Total Required Open Space = 246,600 square feet (5.7 acres) Applicant’s Request: Total Net Lot Area = 805,993 square feet (18.5 acres). 15% of the total Net Lot Area = 120,899 square feet (2.78 acres) Direction Land Use Zoning Comprehensive Plan North single-family residential Zoned PD (Ord. 2002- 27A) Suburban Living East Two vacant lots ETJ Community Commercial South Agriculture ETJ Ranching & Agriculture West single-family residential and one vacant lot Zoned PD (Ord. 2002- 27A) Suburban Living COMPATIBILITY CONSIDERATIONS - Future Land Use Plan: The Anna 2050 Future Land Use Plan identifies this area as Suburban Living and Community Commercial place types. The request for a MF District does not conform with the property’s future land use place type designation of Suburban Living, which is intended for single-family detached residential uses. The request for C-1 District conforms with the Community Commercial place type in the Future Land Use Plan. - Thoroughfare Plan: Dedication of right-of-way for W. Foster Crossing Road and S. Ferguson Parkway complies with the Master Thoroughfare Plan. - Access: The townhome development proposes a public entrance and a resident-only entrance off W. Foster Crossing Road. The proposal includes a gated, emergency only access on the north side of the development to Flower Lane within the adjacent single- family residential subdivision. The commercial blocks are accessed from the proposed Ferguson Parkway extension and include a proposed extension of Burl Lane through the adjacent single-family subdivision east through the commercial site to provide access to Ferguson Parkway. -Roads: In accordance with the Subdivision Ordinance, the developer will be responsible for the design and construction of the northern half of Foster Crossing Road adjacent to the development. Ferguson Parkway is currently under design as a City project with State and Federal funding. The project is currently awaiting environmental approval through the Texas Department of Transportation. The City will incorporate any necessary changes to the Ferguson Parkway project resulting from zoning and site plan approvals made by the Planning & Zoning Commission and the City Council for new development. - Existing Utilities: Water lines are currently available to the property. The development will be responsible for constructing sewer lines to service the property. - Schools: Anna ISD has not identified future school locations as part of this development. - Parks and Public Trails: The Anna 2050 Parks Master Plan does not identify this area in need of a park or trail. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Locator Map - Jefferson Foster Crossing, Block A & Foster Crossing Commercial, Blocks B, C, & D, Concept Plan (ZONE 24-0003) 2. Ordinance - Jefferson Foster Crossing (ZONE 24-0003) 3. Exhibit 1 (Legal Description & Zoning Exhibit) - Jefferson Foster Crossing (ZONE 24-0003) 4. Exhibit 2 (Concept Plan) - Jefferson Foster Crossing (ZONE 24-0003) 5. Exhibit 3 (Justification Letter) - Jefferson Foster Crossing (ZONE 24-0003) 6. P&Z Responses - Jefferson Foster Crossing (ZONE 24-0003) GARDENIADRWFO S T E R C R OSSING RD SEPHORA CT JUNIPER ST W OUTER LOOP RD PARK PLACE LNOLIVE LNREDFOXRDROAD RUNNER RD CEDARELMDRBLACKWILLOWTRLBEARCREEKDRATLANTICAVEWFINLEYBLVDSFERGUSONPKWY BURL LN TW I N C R E E K S C IR STRAWBERRYHILLLNAZALEASRUNDRMAJESTICPALM STL U S COMBE LN QUAILCREEKRUNCHER RY BLOSS O M STMESQUITELNTAYLORBLVD PEACH TREE LN YUCCASTL AK E V IEW DRPECANG ROVE DR PISTACHIO DR LACEBARKCTZELKOVA BLVDLUSCOM B EFARMD RSWEETGUMDR B O I S D A R C L N CREPE MYRT LE LN HOLLY S TCONWAYR D REDWOODSTBRADFORDSTVENTNOR AVE TEAKWOOD STLESLIELNSAINT JA M E S PLAC E L N FOREST TRL MOMBIN ST TAMARIND ST COUNTY ROAD 364 RABBITRUN RD CAROL LN P R IV A TEROAD5038GLEASONLNMA R V I NGA R D E N S T R L HIGHLANDRDELDERBERRY DR PRIVATEROAD5031WALNUT WAY CEDAR WOOD TRL PACIFICAVEEast ForkTri nit y Ri v er121 5 V a n A l s t y n e 75 SH 121 SH 5 Subject Property 200' Notice Boundary City Limits ETJ ¯ 0 900 1,800450 Feet December 2024 Jefferson Foster Crossing Zoning (Zone 24-0003) Inset Map 1 CITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located on the north side of E. Foster Crossing, 305± feet east of Pecan Grove Drive) ORDINANCE NO. ________________ AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY’S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas (“City”) has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a requested zoning change on property described and depicted in Exhibit 1 and shown in Exhibit 2 (the “Property”) attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said zoning for Property generally located on the north side of E. Foster Crossing, 305± feet east of Pecan Grove Drive is being rezoned from Planned Development/Single-Family Residential (R-1)/Multiple Family Residential (R-4) (Ord. No. 2002-27A) to Planned Development/Multi-Family Residential/Local Commercial (PD/MF/C-1) on 34.7± acres; and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna (“City Council”) have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1.Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2.Zoning Change The Anna City Code of Ordinance (the “Anna Code”) are hereby amended by zoning of the property described and depicted in Exhibit 1 and as depicted in the Concept Plan on the attached Exhibit 2 (“Concept Plan”). 2 1. Purpose. The purpose of this Planned Development District is to facilitate the development of high- quality development along W. Foster Crossing Road. Within this District are permitted certain retail, service, office, and residential uses. 2. Definitions. Except as otherwise provided herein, the definitions in the City’s Zoning Ordinance shall apply. 3. Development Standards. a. The location of the planned development zoning district shall be in substantial conformance with the Concept Plan. 1. Multi-Family Residential Zoning District is restricted to Jefferson Foster Crossing, Block A, Lot 1 2. Local Commercial Zoning District is restricted to Foster Crossing Commercial, Block B, Lot 1, Block C, Lot 1, & Block D, Lot 1. b. Standards and Area Regulations: Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the Multi-Family Residential (MF) and Local Commercial (C-1) zoning districts except as otherwise specified herein. 1. Multi-Family Residential A. Prohibited Uses i. Multi-Family Dwellings that are not Townhome Units. B. Density i. 14 units per acre C. Open Space i. 15% of the gross lot area Section 3.Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. 3 Section 4.Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Section 5.Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6.Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this 28th day of January, 2025. ATTESTED: APPROVED: ________________________________ _________________________ Carrie L. Land, City Secretary Pete Cain, Mayor PROPERTY DESCRIPTION BEING a tract of land situated in the Ezra Shelby Survey, Abstract No. 839, City of Anna, Collin County, Texas and being part of a called 33.96 acre tract of the land described in Correction Warranty Deed to Samuel Adam Stephenson, recorded in Instrument No. 2022000163783, Official Public Records, Collin County, Texas, and being a part of a tract of land described in Gift Deed – Correction Deed to Joan Leslie Luscombe, recorded in Instrument No. 20150318000293470 of said Official Public Records, and being more particularly described as follows: BEGINNING at the southwest corner of said 33.96 acre tract, in the north right -of-way line of W. Foster Crossing Road (A.K.A. County Road 366); THENCE departing said north right-of-way of W. Foster Crossing Road, with the west line of said 33.96 acre tract, North 00°28'23" East, a distance of 768.36 feet to a point for the northwest corner of said 33.96 acre tract; THENCE with the north line of said 33.96 acre tract, the following courses and distances: South 89°58'39" East, a distance of 257.83 feet to a point for corner; South 58°07'21" East, a distance of 52.07 feet to a point for corner; South 63°54'25" East, a distance of 64.59 feet to a point for corner; South 69°41'30" East, a distance of 64.59 feet to a point for corner; South 75°28'34" East, a distance of 64.59 feet to a point for corner; South 81°15'39" East, a distance of 64.59 feet to a point for corner; South 87°04'02" East, a distance of 65.46 feet to a point for corner; North 89°32'12" East, a distance of 340.50 feet to a point for corner; South 00°27'48" East, a distance of 20.00 feet to a point for corner; North 89°32'12" East, a distance of 50.00 feet to a point for corner; North 00°27'48" West, a distance of 20.00 feet to a point for corner; North 89°32'12" East, a distance of 340.50 feet to a point for corner; North 00°27'48" West, a distance of 115.00 feet to a point for corner; North 89°32'12" East, a distance of 20.00 feet to a point for corner; North 00°27'48" West, a distance of 50.00 feet to a point for corner; South 89°32'12" West, a distance of 20.02 feet to a point for corner; North 00°27'48" West, a distance of 326.99 feet to a point for a north corner of said 33.96 acre tract and the southwest corner of a tract of land described in Special Warranty Deed to Ty Osmani and Saira Osmani, recorded in Instrument No. 2018062000076287 0 of said Official Public Records; THENCE continuing with the north line of said 33.96 acre tract and with the south line of said Ty Osmani and Saira Osmani tract, North 88°27'37" East, a distance of 611.90 feet to the northeast corner of said 33.96 acre tract; THENCE with the east lines of said 33.96 acre tract, the following courses and distances: South 01°17’44” East, a distance of 752.70 feet to a point for corner; South 87°06’05” West, a distance of 454.17 feet to a point for corner; South 00°42’57” East, a distance of 413.98 feet to a point for corner in said north right-of- way of W. Foster Crossing Road; THENCE with said north right-of-way line of W. Foster Crossing Road and the south lines of said 33.96 acre tract and Joan Leslie Luscombe tract, North 89°27'12" West, a distance of 1,526.04 feet to the POINT OF BEGINNING and containing 1,479,416 square feet or 33.9627 acres of land This document was prepared under 22 TAC §138.95, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. W. FOSTER CROSSING ROAD (PROPOSED 40' HALF ROW)FERGUSON PARKWAY(PROPOSED 120' ROW)BLOCK C LOT 1 2.05 AC 89,348 SF LAND USE: COMMERCIAL ZONING: PD BLOCK A LOT 1 18.50 AC 805,994 SF LAND USE: TOWNHOME ZONING: PD PECAN GROVE PHASE 1 VOL. Q, PG. 555 P.R.C.C.T. ZONED: PD-R ZONED: PD-R ZONED: ETJ BURL LN.LESLIE DR.CAROL LN. PECAN GROVE DR. BLOCK D LOT 1 3.80 AC 165,637 SF LAND USE: COMMERCIAL ZONING: PD REMAINER OF TRACT 1 FOSTER CROSSING, LTD VOL. 5499. PG. 2057 D..R.C.C.T. ZONED: ETJ BLOCK B LOT 1 5.75 AC 250,322 SF LAND USE: COMMERCIAL ZONING: PD N89°27'12"W 1526.04'N0°28'23"E768.36'S89°58'39"E 257.83'S58°07'21"E 52.07' S63°54'25"E 64.59' S69°41'30"E 64.59' S75°28'34"E 64.59' S81°15'39"E 64.59' S87°04'02"E 65.46' N89°32'12"E 340.50' S0°27'48"E 20.00' N89°32'12"E 50.00' N0°27'48"W 20.00'N89°32'12"E 340.50' N0°27'48"W 115.00' N89°32'12"E 20.00' N0°27'48"W 50.00' S89°32'12"W 20.02'N0°27'48"W326.99'N88°27'37"E 611.90'S1°17'44"E752.70'S87°06'05"W 454.17'S0°42'57"E413.98'ZONING EXHIBITEX. NORTH THIS SITE PLAN IS FOR CITY REVIEW ONLY TO ILLUSTRATE COMPLIANCE WITH ZONING AND DEVELOPMENT REGULATIONS. IT IS NOT INTENDED FOR CONSTRUCTION PURPOSES N.T.S.VICINITY MAP SITE NORTH W. FOSTER CROSS RD COLLIN COUNTY OUTER LOOP HIGHLAND RDS. POWELL PKWYHIGHWAY N. 75THROCKMORTON RD.This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECTLAST SAVED12/9/2024 1:44 PMPLOTTED BYDELLS, CHRIS 12/23/2024 8:35 AMDWG PATHK:\DAL_CIVIL\064446573-JPI ANNA LUSCOMBE\CAD\PLANSHEETSDWG NAMEC-ZONING.DWG , [ 24x36 ]IMAGESXREFS x24X36-064446573 : xBndry - shift-064446573 : xAerial-064446573 : xHatch-064446573 : xBndy - trim : xBase-064446573 : xArch-064446573 : xSite-Commerical© 2024 KIMLEY-HORN AND ASSOCIATES, INC.PHONE: 972-770-1300 FAX: 972-239-3820WWW.KIMLEY-HORN.COM TX F-92813455 NOEL RD. TWO GALLERIA OFFICE TOWERSUITE 700 DALLAS, TX 7524012/23/2024CITY OF ANNA, TXJEFFERSON FOSTER CROSSINGPREPARED FORJPI064446573CMDCMDPEM FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FLFLFL FL FL FL FLFLFLFLFLFL FLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLF L FL FL FL FL FL FLFLFLFLFLFLN89°27'12"W 1526.04'N0°28'23"E768.36'S89°58'39"E 257.83'S58°07'21"E 52.07' S63°54'25"E 64.59' S69°41'30"E 64.59' S75°28'34"E 64.59' S81°15'39"E 64.59' S87°04'02"E 65.46' N89°32'12"E 340.50' S0°27'48"E 20.00' N89°32'12"E 50.00' N0°27'48"W 20.00'N89°32'12"E 340.50' N0°27'48"W 115.00' N89°32'12"E 20.00' N0°27'48"W 50.00' S89°32'12"W 20.02'N0°27'48"W326.99'N88°27'37"E 611.90'S1°17'44"E752.70'S87°06'05"W 454.17'S0°42'57"E413.98'W. FOSTER CROSSING ROAD (PROPOSED 40' HALF ROW)FERGUSON PARKWAY(PROPOSED 120' ROW)BURL LN.LESLIE DR.CAROL LN. PECAN GROVE DR.40'ROW DEDICATION PROPOSED DETENTION AREA EXISITING WATER EASEMENT 25FT FRONT YARD SETBACK 20FT BUILDING SETBACK 10FT BUILDING SETBACK 10FT BUILDING SETBACK 10FT LANDSCAPE BUFFER 10FT LANDSCAPE BUFFER 10FT LANDSCAPE BUFFER 20FT LANDSCAPE BUFFER24'24'18'22'24'22'24'24'24'24'8'2 4 ' 8 '24'24' 18'10' R=30.0' R=30.0' R=30.0' R=30.0' R=30.0' R=30.0' R=30.0' R=30.0' BLOCK A LOT 1 18.50 AC 805,993 SF LAND USE: MULTIFAMILY ZONING: PD POOL CLUB - ONE STORY BUILDING 18 TOWNHOME- TWO STORY BUILDING 17 TOWNHOME- TWO STORY BUILDING 16 TOWNHOME- TWO STORY BUILDING 20 TOWNHOME- TWO STORY BUILDING 19 TOWNHOME- TWO STORY BUILDING 13 TOWNHOME- TWO STORY BUILDING 14 TOWNHOME- TWO STORY BUILDING 23 TOWNHOME- TWO STORY BUILDING 22 TOWNHOME- TWO STORY BUILDING 21 TOWNHOME- TWO STORY BUILDING 32 TOWNHOME- TWO STORY BUILDING 33 TOWNHOME- TWO STORY BUILDING 34 TOWNHOME- TWO STORY BUILDING 31 TOWNHOME- TWO STORY BUILDING 30 TOWNHOME- TWO STORY BUILDING 8 TOWNHOME- TWO STORY BUILDING 10 TOWNHOME- TWO STORY BUILDING 11 TOWNHOME- TWO STORY BUILDING 12 TOWNHOME- TWO STORY BUILDING 6 TOWNHOME- TWO STORY BUILDING 7 TOWNHOME- TWO STORY BUILDING 4 MULTIFAMILY TWO STORY BUILDING 15 TOWNHOME- TWO STORY BUILDING 5 TOWNHOME- TWO STORY BUILDING 3 MULTIFAMILY TWO STORY BUILDING 2 MULTIFAMILY TWO STORY BUILDING 1 MULTIFAMILY TWO STORY BUILDING 24 TOWNHOME- TWO STORY BUILDING 25 TOWNHOME- TWO STORY BUILDING 26 TOWNHOME- TWO STORY BUILDING 29 TOWNHOME- TWO STORY BUILDING 28 TOWNHOME- TWO STORY BUILDING 27 TOWNHOME- TWO STORY BUILDING 9 TOWNHOME- TWO STORY24' PROPOSED 24' F.L.U.D. BLOCK C LOT 1 2.05 AC 89,348 SF LAND USE: COMMERCIAL ZONING: PD BLOCK B LOT 1 5.75 AC 250,322 SF LAND USE: COMMERCIAL ZONING: PD BLOCK D LOT 1 3.80 AC 165,637 SF LAND USE: COMMERCIAL ZONING: PD PROP O S E D 2 4' F . L. U. D . PROPOSED 24' F . L . U . D . PROPOSED 24' F.L.U.D. PRO P O S E D 2 4' F. L. U. D.60'PECAN GROVE PHASE 1 VOL. Q, PG. 555 P.R.C.C.T. ZONED: PD-R ZONED: PD-R REMAINDER OF TRACT 1 FOSTER CROSSING, LTD VOL. 5499. PG. 2057 D..R.C.C.T. 36'16'36' PROPOSED CORNER CLIP BURL LANE (PROPOSED 60' ROW) EMERGENCY ACCESS GATE W/ KNOX BOX 6' CONCRETE SIDEWALK FLOWER LN. JONES MARTHA LEE DOCUMENT NO. 19870702000447000 O.P.R.C.C.T F U T U R E 5 0 ' C H E R R Y B L O S S O M R O W ZONED: ETJ CAROL LEE DOWNS AND HUSBAND, MARC DOWNS VOL. 5431, PG. 5242 D.R.C.C.T. JAMES A. LUSCOMBE, JR. AND WIFE ROBYN L. LUSCOMBE DOCUMENT NO. 20150427000472810 O.P.R.C.C.T. JOAN LESLIE LUSCOMBE INST. NO. 20150318000293470 O.P.R.C.C.T. ZONED: ETJR=30.0 'R=30.0' R=30.0' R=30.0' R=30.0' R=30.0' R=30.0' R=30.0' R =3 0.0'R=30.0' R=54.0'R=54.0 'R=54.0'21' (TYP.)2 1 ' (TYP . )21' (TYP.)21' (TYP.)21' (TYP.)21' (TYP.)21' (TYP.)21' (TYP . ) 2 1 ' ( TYP . )21' (TYP.)21' (TYP . ) PROPOSED RESIDENT ONLY GATE W/ KNOX BOX R =3 0.0'R=3 0.0' PROPOSED ACCESSIBLE PATH CONCEPT PLANEX. NORTH THIS SITE PLAN IS FOR CITY REVIEW ONLY TO ILLUSTRATE COMPLIANCE WITH ZONING AND DEVELOPMENT REGULATIONS. IT IS NOT INTENDED FOR CONSTRUCTION PURPOSES JEFFERSON FOSTER CROSSING BLOCK A, LOT 1 19.60 A.C. EZRA SHELBY SURVEY, ABSTRACT NO. A0839 CITY OF ANNA, COLLIN COUNTY, TEXAS DATE OF PREPARATION: 12/23/2024 ENGINEER/SURVEYOR: KIMLEY-HORN AND ASSOCIATES, INC 13455 NOEL ROAD, TWO GALLERIA OFFICE TOWER, SUITE 700 DALLAS, TEXAS 75240 TEL. NO. 972-770-1300 CONTACT: PEYTON MCGEE, P.E. DEVELOPER: JPI REAL ESTATE ACQUISITION II, LLC 6600 EAST LAS COLINAS BLVD SUITE 1800 IRVING, TEXAS 75039 PHONE: 972-373-3945 CONTACT: BRYAN GRANT OWNER: SAMUEL ADAM STEPHENSON 3055 S BANNOCK ST ENGLEWOOD, COLORADO 80110 N.T.S.VICINITY MAP SITE NORTH W. FOSTER CROSS RD COLLIN COUNTY OUTER LOOP HIGHLAND RDS. POWELL PKWYHIGHWAY N. 75THROCKMORTON RD. ZONING DISTRICT BOUNDARY EXISTING PROPERTY LINE PROPOSED FIRE LANE PROPOSED CURB PROPOSED RETAINING WALL PROPOSED FIRE, UTILITY, AND DRAINAGE EASEMENT ACCESSIBLE ROUTE LEGEND FL ZONE 24-0003 CONCEPT PLAN FOSTER CROSSING COMMERCIAL BLOCK B, LOT 1, BLOCK C, LOT 1, & BLOCK D, LOT 1 14.37 A.C. EZRA SHELBY SURVEY, ABSTRACT NO. A839, CITY OF ANNA, COLLIN COUNTY, TEXAS DATE OF PREPARATION: 12/23/2024 1" = 80'This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECTLAST SAVED12/23/2024 8:42 AMPLOTTED BYDELLS, CHRIS 12/23/2024 8:47 AMDWG PATHK:\DAL_CIVIL\064446573-JPI ANNA LUSCOMBE\CAD\PLANSHEETSDWG NAMEC-SITE-PLAN.DWG , [ 24x36 ]IMAGESXREFS x24X36-064446573 : xBndry - shift-064446573 : xAerial-064446573 : xHatch-064446573 : xBndy - trim : xBase-064446573 : xArch-064446573 : xSite-Commerical© 2024 KIMLEY-HORN AND ASSOCIATES, INC.PHONE: 972-770-1300 FAX: 972-239-3820WWW.KIMLEY-HORN.COM TX F-92813455 NOEL RD. TWO GALLERIA OFFICE TOWERSUITE 700 DALLAS, TX 7524012/23/2024CITY OF ANNA, TXJEFFERSON FOSTER CROSSINGPREPARED FORJPI064446573CMDCMDPEM kimley-horn.com 13455 Noel Road, Two Galleria Office Tower, Suite 700, Dallas, TX 75240 972 770 1300 December 23, 2024 City of Anna Planning and Development P.O. Box 776 Anna, Texas 75409 RE: Jefferson Foster Crossing Planned Development Justification Memo Multifamily and Commercial Base Zoning Variances • Townhome Density Requirements o Request for the Townhome density to increase from 12 units per acre to 14 units per acre. o Justification: We believe that this is an appropriate density for the site and is less than the maximum density of 25 units per acre for multi-family dwellings per the base MF zoning. This will be a rental townhome community with a clubhouse, fitness center, business center, resort style pool and other common amenities for all residents to utilize • Open Space o Request for the minimum open space requirements to be 15% of the gross area. o Justification: The minimum open space requirement of 15% is requested to provide flexibility in the site plan for Townhomes. The large detention pond area will provide significant open space along with the open courtyards between townhome units and the landscape buffer along West Foster Crossing. Sincerely, Christoper M. Dells, P.E. From: Colby French Sent: Wednesday, January 1, 2025 3:27 PM To: Lauren Mecke Subject: [EXTERNAL]: Opposition to Rezoning Request for Prope rty on the North Side of West Foster Crossing Road CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. If you are still unsure, please report this email via the PhishNotify button. Dear City of Anna - Planning and Development Department, My family and I reside at 1830 Burl Lane, and we are writing in strong opposition to the proposed rezoning of 34 acres on the north side of W est Foster Crossing Road which would allow for townhome and commercial development. This c hange is entirely inconsistent with the character of our neighborhood and poses signi ficant negative impacts to our community. This proposal faces overwhelming community opposition , and approving it would disregard the voices of the families who call this area home. Moreover, this rezoning poses environmental concerns, including the loss of green space and increased urban runoff. These developments are also inconsistent with sustainab le planning principles that prioritize walkability and green buffers. Rezoning to permit strip businesses undermines the very reasons we invested in this community. Allowing commercial development threatens property values, as neighborhoods that introduce commercial activity or high-density housing often become less desirable to homebuyers seeking peace and quiet. We and many other families chose to live here to escape the hustle, noise, and disrupt ion of commercial activity. This area was zoned for single-family residential use for a reaso n, and the proposed change directly contradicts the city’s long-standing plan to preserve the residential character of this location. The height and density of the proposed buildings wil l drastically alter the visual character of our neighborhood. From our front porch, we will be forced to look out at towering structures that overshadow the single-family homes around us, destroying the openness and privacy we currently enjoy. Introducing multi-fami ly townhomes will also exacerbate the already severe traffic congestion in this area. The roads are not designed to handle the influx of vehicles such developments bring, creating unsafe conditions for residents and increasing noise pollution. The proposed rezoning threatens to introduce signifi cant light pollution into what is currently a peaceful twilight community. Many resident s, including our family, value the natural ambiance of our evenings, free from the glaring lights associated with commercial developments and multi-story buildings. The introduc tion of artificial lighting on such a large scale will disrupt this balance, affecting our qual ity of life and our ability to enjoy the stars and serenity of our neighborhood. We urge you to reject this rezoning request to protect the character, safety, and long-term vision of our neighborhood. This proposal is not in alignment with the needs or desires of the community and would set a damaging precedent for future developments. Sincerely, Colby and Joanne French 1830 Burl Lane 972.984.9578 From: Azeneth Holloway Sent: Thursday, January 2, 2025 11:45 AM To: Planning; Lauren Mecke Subject: [EXTERNAL]: Planning and Development CAUTION: This email originated from outside of the o We urge you to reject this rezoning request to protect the character, safety, and long-term vision of our neighborhood. This proposal is not in alignment with the needs or desires of the community and would set a damaging precedent for future developments. Sincerely, Ben and Azeneth Holloway Leslie Lane Anna Tx Sent from my iPhone From:Seth C To:Planning; Lauren Mecke Subject:[EXTERNAL]: Planning and development: Pecan Grove Date:Friday, January 3, 2025 1:08:00 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. If you are still unsure, please report this email via the PhishNotify button. Good Afternoon City of Anna Planning and Development Department, I am writing to express my strong opposition to the proposed rezoning of the area adjacent to Pecan Grove Phase One for the development of townhomes and commercial lots. While I understand the need for growth and development, I firmly believe that this project would have a detrimental impact on our neighborhood and the surrounding community. The addition of townhomes and commercial lots in this area raises serious concerns about increased traffic congestion and the strain it would place on our existing infrastructure. Roads, utilities, and emergency services in our area are not equipped to handle the added demand this development would bring, potentially resulting in higher maintenance costs and diminished service quality for current residents. Furthermore, the construction of high-density housing and commercial businesses would significantly alter the character and aesthetic appeal of our neighborhood. Pecan Grove Phase One is a quiet, family-oriented area, and the proposed development threatens to erode the sense of community and security we currently enjoy. The influx of transient tenants and increased activity associated with commercial businesses may also lead to noise, light pollution, and safety concerns. Property values are another pressing issue. Many residents have invested heavily in their homes, and the addition of a high-density development could lead to a decline in property values, making it more difficult for homeowners to maintain their investments and attract future buyers. In light of these concerns, I respectfully request that you reconsider the rezoning proposal and explore alternative plans that align more closely with the needs and character of our existing neighborhood. I urge you to prioritize responsible growth that preserves the integrity and quality of life for Pecan Grove Phase One and its residents. Thank you for your time and consideration. Respectfully, Seth Cassarino Pecan Grove Resident, Anna TX