HomeMy WebLinkAbout2025-02-11 Work Session & Regular Meeting Packet
AGENDA
City Council Meeting
Tuesday, February 11, 2025 at 5:30 PM
Anna Municipal Complex - Council Chambers
120 W. 7th Street, Anna, Texas 75409
The City Council of the City of Anna will meet on 02/11/2025 at 5:30 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. Work Session.
3. Closed Session (Exceptions).
Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to
discuss any items listed or referenced on this Agenda under the following exceptions:
a. Consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code
§551.071).
b. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov’t Code §551.072).
c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To deliberate the offer of
a financial or other incentive to a business prospect described by subdivision
(1). (Tex. Gov’t Code §551.087).
d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074).
The Council further reserves the right to enter into Executive Session at any time
throughout any duly noticed meeting under any applicable exception to the Open
Meetings Act.
4. 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.
5. 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 02/07/2025.
______________________________
Carrie L. Land, City Secretary
AGENDA
City Council Meeting
Tuesday, February 11, 2025 at 6:00 PM
Anna Municipal Complex - Council Chambers
120 W. 7th Street, Anna, Texas 75409
The City Council of the City of Anna will meet on 02/11/2025 at 6:00 PM in the Anna
Municipal Complex-Council Chambers, located at 120 W. 7th Street, to consider the
following items.
Welcome to the City Council meeting. If you wish to speak on an Open Session agenda
item, please fill out the Opinion/Speaker Registration Form and turn it in to the City
Secretary before the meeting starts.
1. Call to Order, Roll Call, and Establishment of Quorum.
2. Invocation and Pledge of Allegiance.
3. Neighbor Comments.
At this time, any person may address the City Council regarding an item on this
meeting Agenda that is not scheduled for public hearing. Also, at this time, any
person may address the City Council regarding an item that is not on this
meeting Agenda. Each person will be allowed up to three (3) minutes to speak.
No discussion or action may be taken at this meeting on items not listed on this
Agenda, other than to make statements of specific information in response to a
citizen’s inquiry or to recite existing policy in response to the inquiry.
4. Reports.
Receive reports from Staff or the City Council about items of community interest.
Items of community interest include: expressions of thanks, congratulations, or
condolence; information regarding holiday schedules; an honorary or salutary
recognition of a public official, public employee, or other citizen (but not including a
change in status of a person's public office or public employment); a reminder about
an upcoming event organized or sponsored by the governing body; information
regarding a social, ceremonial, or community event organized or sponsored by an
entity other than the governing body that was attended or is scheduled to be
attended by a member of the governing body or an official or employee of the
municipality; and announcements involving an imminent threat to the public health
and safety of people in the municipality that has arisen after the posting of the
Agenda.
a. Recognition of Mayor Cain by Salvation Army
b. Neighbor Engagement and Inclusion Advisory Commission January 27, 2025
Meeting Action for Advisement. (Assistant City Manager Taylor Lough)
5. Work Session.
a. Discuss a program for the painting/decoration of sanitary sewer manholes
adjacent to the Pecan Grove Trail project. (Assistant City Manager Greg Peters)
6. Consent Items.
These items consist of non-controversial or "housekeeping" items required by law.
Items may be considered individually by any Council Member making such request
prior to a motion and vote on the Consent Items.
a. Approve the City Council Meeting Minutes for January 28, 2025. (City
Secretary Carrie Land)
b. Review Minutes of the November 25, 2024, Neighbor Engagement and
Inclusion Advisory Commission Meeting. (Assistant City Manager Taylor Lough)
c. Review Minutes of the October 28, 2024, Neighbor Engagement and Inclusion
Advisory Commission Meeting. (Assistant City Manager Taylor Lough) d. Approve a Resolution authorizing the City Manager to execute a franchise utility
construction agreement with Grayson Collin Communication for the installation
of fiber optic infrastructure to the Hurricane Creek Regional Wastewater
Treatment Plant (CIP Manager Muhamad Madhat)
e. Approve a Resolution authorizing the City Manager to approve or disapprove a
Special Event Permit Application submitted by Pate Rehabilitation for a 5K Run
and Wheelchair Push on Saturday, March 29th, 2025 at Natural Springs Park.
(Neighborhood Services Director Marc Marchand)
7. Items For Individual Consideration.
a. Acting as the Anna Public Facility Corporation Board of Directors,
Consider/Discuss/Action on a Resolution authorizing and approving final
transaction and financing documents in connection with the acquisition,
financing and construction of the “Anna Apartments” to be located at 900 S
Buddy Hayes Blvd in the City of Anna, Texas. (Director of Economic
Development Bernie Parker)
b. Conduct a Public Hearing regarding the dissolution of the Crystal Park Public
Improvement District in accordance with Chapter 372 of the Texas Local
Government Code. (Economic Development Director Bernie Parker) c. Consider/Discuss/Action on the adoption of a Resolution of the City of Anna,
Texas Dissolving the Crystal Park Public Improvement District in Accordance
with Chapter 372 of the Texas Local Government Code; Providing for Related
Matters; and Providing an Effective Date (Economic Development Director
Bernie Parker)
d. Consider/Discuss/Action on an Ordinance ordering a General Election to be
held on May 3, 2025, for the purpose of electing three City Council members;
designation of polling places, ordering notices of election to be given, adopting
a voting system; authorizing execution of joint election contracts. (City Secretary
Carrie Land)
8. Closed Session (Exceptions).
Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to
discuss any items listed or referenced on this Agenda under the following exceptions:
a. Consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code
§551.071).
b. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov’t Code §551.072).
c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To deliberate the offer of
a financial or other incentive to a business prospect described by subdivision
(1). (Tex. Gov’t Code §551.087).
d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074).
The Council further reserves the right to enter into Executive Session at any time
throughout any duly noticed meeting under any applicable exception to the Open
Meetings Act.
9. Consider/Discuss/Action on any items listed on any agenda - work session, regular
meeting, or closed session - that is duly posted by the City of Anna for any City Council
meeting occurring on the same date as the meeting noticed in this agenda.
10. Adjourn.
This is to certify that I, Carrie L. Land, City Secretary, posted this Agenda on the City’s website
(www.annatexas.gov) and at the Anna Municipal Complex bulletin board at or before 5:00 p.m.
on 02/07/2025.
Carrie L. Land, City Secretary
Item No. 4.a.
City Council Agenda
Staff Report
Meeting Date: 2/11/2025
Staff Contact:
AGENDA ITEM:
Recognition of Mayor Cain by Salvation Army
SUMMARY:
Mary Freeman, County Director of Community Relations & Fundraising will be speaking
and presenting an award to Mayor Cain for his participation in the 2024 Mayoral Red
Kettle Challenge.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Neighborly.
ATTACHMENTS:
Item No. 4.b.
City Council Agenda
Staff Report
Meeting Date: 2/11/2025
Staff Contact: Taylor Lough
AGENDA ITEM:
Neighbor Engagement and Inclusion Advisory Commission January 27, 2025 Meeting
Action for Advisement. (Assistant City Manager Taylor Lough)
SUMMARY:
Staff liaison to the Neighbor Engagement and Inclusion Advisory Commission will
present the action taken to advise City Council.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
September 23, 2024 Commissioner Jodi Foster presented an item for future
consideration in regard to freezing property taxes for Anna senior citizens. The
Commission approved placing the item on the next agenda. At the October 28, 2024
Commission Meeting staff provided a presentation and the Commission moved to
tabled the item.
On November 27, 2024 the Commission moved to take no action to advise the City
Council in regard to freezing property taxes for Anna senior citizens. A second action
was passed unanimously to place an item on the next meeting agenda to advise the
City Council to form a coalition to review property tax programs for senior citizens.
At the January 27, 2025 Commission Meeting Jodi Foster made a motion to [Advise] the
City Council [to] appoint an ad hoc commission made up of tax experts and advisors
(not city employees) as soon as possible to study the issue and research and present
proposals to the City and Anna citizens to lessen and alleviate the problem, whether it
be tax breaks, city tax exemptions and/or freezes, resources to aid senior citizens in tax
preparedness or other solutions that are viable and beneficial. This item passed
unanimously.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Neighborly.
ATTACHMENTS:
Item No. 5.a.
City Council Agenda
Staff Report
Meeting Date: 2/11/2025
Staff Contact: Gregory Peters
AGENDA ITEM:
Discuss a program for the painting/decoration of sanitary sewer manholes adjacent to
the Pecan Grove Trail project. (Assistant City Manager Greg Peters)
SUMMARY:
This item is to discuss and consider a potential program for decorating sanitary sewer
manholes along the Pecan Grove Trail project.
FINANCIAL IMPACT:
None at this time. This item is for discussion only.
BACKGROUND:
The City of Anna has an active capital improvement project to construct a new hike and
bike trail in the Pecan Grove neighborhood. The City of Anna has a public sewer main
which is located adjacent to the new trail. There are between 8 and 10 elevated sanitary
sewer manholes which will be visible from the trail.
The City Council of the City of Anna, Texas approved Resolution 2024-08-1663 to
award the construction of the Pecan Grove Trail to Perfect Finish Landscaping at the
August 27, 2024 City Council Meeting. The motion made included language requesting
the decoration of manholes to be done with the project. A copy of the meeting minutes
is attached to this item, and the minutes regarding the agenda item are on page 10 and
11 of the PDF.
After reviewing available options for manhole painting, staff identified a potential public
art program which could achieve the intended goal. Staff is seeking feedback on the
concept of a public art program for Anna Neighbors to paint the manholes. A
presentation is attached showing the concept of the program. Once feedback is
received, the City will take the next steps based on the direction of the City Council.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Unique.
ATTACHMENTS:
1. Res 2024-08-1663 Approve Construction Agreement for Trail, Bridge and
Amenities at Pecan Grove Park w_AALC, LLC
2. Meeting Minutes 2024-08-27 Work Session & Regular Meeting
3. Portal Art Program - Presentation
CONTRACT AGREEMENT
THIS Pecan Grove Trail: 10-foot-wide concrete trail from Luscombe Lane to Leslie Drive
including pedestrian bridge crossing Slayter Creek connecting to St. James Place Lane trail.
Contract (hereinafter this "Contract Agreement") entered into this day of 2024
by and between the CITY OF ANNA, TEXAS, a Texas municipal corporation, ("City") and AALC. LLC,
DBA PERFECT FINISH LANDSCAPING, a Texas limited liability company ("Contractor") located at
5501 Fishtrap Rd Suite 331, Denton, TX 76208.
WITNESSETH:
WHEREAS, the City wishes to contract for the project identified as Pecan Grove Trail (the
Project"); and
WHEREAS, the Project shall include all work and activities necessary to complete the following
scope of work (hereinafter referenced as "Work"): (Pecan Grove Trail: 10-foot-wide concrete trail
from Luscombe Lane to Leslie Drive including pedestrian bridge crossing Slayter Creek
connecting to St. James Place Lane trail) in accordance with the Contract Documents as that term is
defined herein; and
WHEREAS, the Contractor has represented to the City that its personnel are qualified to
provide the Work required in this Contract Agreement in a professional, timely manner as time is of the
essence; and
WHEREAS, the City has relied upon the above representations by the Contractor; and
WHEREAS, the City's consultant has recommended that an agreement for aforesaid
construction be entered into with the Contractor;
NOW, THEREFORE, for and in consideration of these premises, of the mutual covenants herein
set forth, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, the parties hereto hereby agree as follows:
Section 1. DOCUMENTS INCORPORATED BY REFERENCE
This Contract Agreement includes the recitals set forth above and the following documents:
Invitation to Bid;
Notice to Bidders;
Qualification Statement of Bidders;
Qualification Statements of Personnel;
Qualification Statement of Bidder's Surety;
Vendors Compliance to State Law;
Conflicts of Interest Questionnaire;
Affidavit Against Prohibited Acts;
Proposal and Bid Form;
Request for Certificate of Exemption from Texas Limited Sales, Excise and Use Tax;
Contract Agreement;
Bidders Bond;
Performance Bond;
Payment Bond;
Maintenance Bond;
Certificate of Insurance;
Notice to Proceed;
Any executed Change Orders;
Supplementary General Provisions and Technical Specifications; and,
Plans, Specifications and Drawings and all other documents made available to bidder for his
inspection in accordance with Invitation to Bid,
all of which are hereby incorporated herein by reference, whether or not attached hereto, and made a
part hereof (hereinafter along with this Contract Agreement and referenced collectively as the
Contract" or "Contract Documents"). Change Orders issued hereafter, Construction Change Directives,
a Direction for a Minor Modification in the Work issued by the City, and any other amendments
executed by the City and the Contractor, shall become and be a part of the Contract Documents.
Documents not included or expressly contemplated in this Section 1 do not, and shall not, form any part
of the Contract. The Contract Documents are intended to be complementary, and a requirement, in one
document shall be deemed to be required in all -documents. However, in the event of any conflict
between any of the above -listed documents and this Contract Agreement, this Contract Agreement
shall control.
Section 2. REPRESENTATIONS OF THE CONTRACTOR
In order to induce the City to execute the Contract and recognizing that the City is relying thereon, the
Contractor, by executing the Contract, makes the following express representations to the City:
2.01 The Contractor is fully qualified to act as the general contractor for the Project and has, and
shall maintain, any and all licenses, permits or other authorizations necessary to act as the
general contractor for, and to construct the Project;
2.02 The Contractor has become familiar with the Project site and the local conditions under which
the Project is to be constructed and operated;
2.03 The Contractor has received, reviewed and examined all of the documents which make up the
Contract, including, but not limited to all plans and specifications, and has found them to the
best of its knowledge, to be complete, accurate, adequate, consistent, coordinated and
sufficient for construction.
Section 3. INTENT AND INTERPRETATION
With respect to the intent and interpretation of the Contract, the City and the Contractor agree as
follows:
3.01 This Contract Agreement (along with its exhibits and other documents expressly referenced in
Section 1, above), together with the Contractor's and Surety's bid/proposal bond, performance
and payment bonds, and maintenance bonds for the Project constitute the entire and exclusive
agreements between the parties with reference to the Project, and said Contract supersedes
any and all prior discussions, communications, representations, understandings, negotiations,
or agreements.
3.02 Anything that may be required, implied, or reasonably inferred by the documents which make up
the Contract, or any one or more of them, shall be provided by the Contractor with no increase
to the Contract Price;
3.03 Nothing contained in the Contract shall create, nor be interpreted to create, privity or any other
relationship whatsoever between the City and any person except the Contractor;
3.04 When a word, term, or phrase is used in the Contract, it shall be interpreted or construed first,
as defined herein; second, if not defined, according to its generally accepted, meaning in the
construction industry; and third, if there is no generally accepted meaning in the construction
industry, according to its common and customary usage;
3.05 Wherever the Contract calls for "strict" compliance or conformance with the Contract Documents
as to matters —other than compliance with time limits, providing an updated schedule, and claim
and change order procedures —the term shall mean within tolerances as described specifically
in the Contract Documents, or if not specifically described, within industry standards and
tolerances for deviation for the specific item or procedure in question;
3.06 The words "include", "includes", or "including", as used in the Contract, shall be deemed to be
followed by the phrase, "without limitation;"
3.07 The listing herein of any items as constituting a material breach of the Contract shall not imply
that any other, non -listed item will not constitute a material breach of the Contract;
3.08 The Contractor shall have a continuing duty to read, examine, review, compare and contrast
each of the documents which make up the Contract, shop drawings, and other submittals and
shall give written notice to the City of any conflict, ambiguity, error or omission which the
Contractor may find with respect to these documents, before proceeding with the associated
part of the Work. The express or implied approval by the City or its designee of any shop
drawings or other submittals shall not relieve the Contractor of the continuing duties imposed
hereby, nor shall any such approval be evidence of the Contractor's compliance with the
Contract. If the Contractor performs any activity knowing it involves an error, inconsistency or
omission which was recognized, obvious, or reasonably should have been recognized, without
such notice to the City, the Contractor shall assume responsibility for such performance and
shall bear the costs for correction;
3.09 In the event of any conflict, discrepancy, or inconsistency among any of the documents which
make up the Contract, the following shall control:
1) as between this Contract Agreement and any other document, this document shall
govern; or,
2) in the case of any conflict, discrepancy or inconsistency among any of the other Contract
Documents, and such conflict is not resolved by reference to the Supplementary General
Provisions and Technical Specifications, then the Contractor shall notify the City
immediately upon discovery of same for resolution.
Section 4. CONTRACTOR'S PERFORMANCE
The Contractor shall perform all of the Work required, implied or reasonably inferable from the Contract
including, but not limited to, the following:
4.01 The Contractor will complete the entire Work described in the Contract Documents, except as
specifically identified therein as the work of other parties or expressly excluded by specific
reference, in accordance with the terms herein.
4.02 The furnishing of any and all required surety bonds and insurance certificate(s) and
endorsement(s);
4.03 The provision or furnishing, and prompt payment therefor, of labor, supervision, services,
materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage,
disposal, power, fuel, heat, light, cooling, or other utilities, required for construction and all
necessary building permits and other permits or licenses required for the construction of the
Project;
4.04 The creation and maintenance of a detailed and comprehensive copy of the drawings,
specifications, addenda, change orders and other modifications depicting all as -built
construction. Said items shall be submitted to the City, along with other required submittals
upon Completion of the Project, and receipt of same by the City shall be a condition precedent
to final payment to the Contractor. The Contractor shall prepare and submit final as -built
drawings to the City.
Section 5. TIME FOR CONTRACTOR'S PERFORMANCE; DELAYS
5.01 The Contractor shall commence the performance of the Contract on the date set forth in the
Notice to Proceed issued by the City Manager or the City Manager's designee and shall
diligently continue its performance to and until Completion of the Project. The Contractor shall
accomplish Substantial Completion (as defined herein below) of the Project not more
than 270 calendar days following the issuance of the Notice to Proceed, (sometimes
hereinafter referred to as the "Contract Time"). This Contract Time includes 30 inclement
weather days. By signing the Contract, the Contractor agrees that the Contract Time is a
reasonable time for accomplishing Completion of the Project and completion of the Project
within the Contract Time is of the essence.
5.02 For each and every calendar day of unexcused delay in achieving Substantial Completion
beyond the date set forth herein for Substantial Completion, the Contractor shall pay the City
the sum $500 per day (or said per -day sum shall be deducted from the monies due the
Contractor) as set forth in the following schedule:
Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but
as liquidated damages representing an estimate of delay damages likely to be sustained by the
City, estimated at the time of executing the Contract. When the City reasonably believes that
Substantial Completion will be inexcusably delayed, the City shall be entitled, but not required,
to withhold from any amounts otherwise due the Contractor an amount then believed by the City
to be adequate to recover liquidated damages applicable to such delays. If and when the
Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for
which the City has withheld payment, the City shall promptly release to the Contractor those
funds withheld over and above what ultimately came due as liquidated damages;
6.03 The term "Substantial Completion", as used herein, shall mean the point at which, as certified in
writing by the City's consulting architectlengineer or other appropriate independent contractor or
representative and approved by the City,, the Project is at a level of completion in strict
compliance with the Contract such that the City or its designee can enjoy beneficial use or
occupancy and can legally occupy, use or operate it in all respects, for its intended purpose.
Partial use or occupancy of the Project shall not result in the Project being deemed substantially
complete, and such partial use or occupancy shall not be evidence of Substantial Completion.
6.04 All limitations of time set forth herein are material and are of the essence of the Contract.
5.05 Contractor agrees to punctually and diligently perform all parts of the Work at the time
scheduled in this Contract Agreement. In this connection, Contractor agrees that it will keep
itself continually informed of the progress of the job and will, upon its own initiative, confer with
the City to plan its Work in coordinated sequence with the work of the City, if any, and of others
and so as to be able to expeditiously undertake and perform its work at the time most beneficial
to the entire Project. The Contractor will be liable for any loss, costs, or damages sustained by
the City for delays in performing the Work hereunder, other than for excusable delays, as set
forth in 5.06 below, for which Contractor may be granted a reasonable extension of time.
6.06 If the Contractor is delayed at any time in the progress of the Work by any separate contractor
employed by the City, or by changes in the Work, or by labor disputes, fire, unusual delay in
transportation, unusually severe weather conditions, unavoidable casualties, delays specifically
authorized by the City, or by causes beyond the Contractor's control, avoidance, or mitigation,
and without the fault or negligence of the Contractor and/or subcontractor or supplier at any tier,
then the contract time shall be extended by Change Order for such reasonable time, if any, as
the City may determine that such event has delayed the progress of the Work, or overall
completion of the Work if the Contractor complies with the notice and documentation
requirements set forth below.
1) If the Contractor is delayed, obstructed, hindered or interrupted for a period of time
exceeding seven calendar days by any act or neglect of the City, an adjustment shall be
made for any increase in the direct cost of performance of this contract (excluding profit,
extended home office overhead, incidental or consequential damages or disruption
damages) and the Contract modified in writing accordingly. The Contractor must assert
its right under this section by giving written notice to the City Manager within 10 calendar
days of the beginning of a delay, obstruction, hindrance or interruption by the City. No
adjustment shall be made for any delay, obstruction, hindrance or interruption after final
payment under this contract or to the extent that performance would have been so
delayed, obstructed, hindered or interrupted by any other cause, including, but not
limited to concurrent cause or fault or negligence of the Contractor, or for which an
equitable adjustment is provided for or excluded under any other term or condition of this
contract. The direct costs described above shall be limited to those direct costs
attributable solely to this project and shall be subject to documentation and verification of
costs as required by the City. If unit prices are established in the Contract Documents or
subsequently agreed upon, they shall form the basis for cost calculations under any
claims for delay.
2) Any claim for an extension of time shall be made in writing to the City, not more than 10
calendar days from the beginning of the delay. The notice shall indicate the cause of
delay upon the progress of Work. If the cause of the delay is continuing, the Contractor
must give such written notice every 10 calendar days. Within 10 calendar days after the
elimination of any such delay, the Contractor shall submit further documentation of the
delay and a formal Change Order request for an extension of time for such delay.
3) The written request for a time extension shall state the cause of the delay, the number of
calendar days extension requested, and such analysis and other documentation as is
reasonably requested by the City'to demonstrate a delay in the progress of the Work or
the overall project completion. If the Contractor does not comply with the above notice
and documentation requirements, the claim for the delay shall be waived by the
Contractor. The above notice and documentation requirements shall also be a condition
precedent to the Contractor's entitlement to any extension of time.
4) Extensions of time will be the contractor's primary remedy for any and all delays,
obstructions, hindrances, or interference. Payment or compensation, for direct costs only
as set forth above), may be made to the Contractor for hindrances or delays solely
caused by the City if such delays or hindrances are within the City's ability to control and
are not partially caused by the Contractor or any of its agents, subcontractors or others
for whom it is responsible. No payment or compensation will be made for interference,
obstructions, hindrances or delays which are not solely caused by the City and which the
City fails to cure after a reasonable period after written notice.
5) Without limitation, the City's exercise of its rights under provisions related to changes to
the Work, regardless of the extent or number of such changes, or the City's exercise of
any of its remedies or any requirement to correct or re -execute defective Work, shall not
under any circumstances be construed as delays, hindrances or interference
compensable further than as described herein.
Section 6. FIXED PRICE AND CONTRACT PAYMENTS
6.01 The City shall pay, and the Contractor shall accept, as full and complete payment for the
Contractor's timely performance of its obligations hereunder the fixed price of one million two
hundred thirty-two thousand four hundred thirty-one dollars ($1,232,431.00). The price set
forth in this Section 6.01 shall constitute' the Contract Price, which shall not be modified except
by Change Order or adjustment pursuant to approved unit prices, if any, as provided in the
Contract.
6.02 The City shall pay the Contract Price to the Contractor in accordance with the procedures set
forth in this Section 6 and as set forth here:
1) On or before the 101 calendar day of each month after commencement of performance,
but no more frequently than once monthly, the Contractor may submit a payment
request for the period ending the last calendar day of the previous month (the "Payment
Request"). Said Payment Request shall be in such format and include whatever
supporting information as may be required by the City. Therein, the Contractor may
request payment for 95% of that part of the Contract Price allocable to Contract
requirements properly provided, labor, materials and equipment properly incorporated in
the Project, and materials or equipment necessary for the Project and properly stored at
the Project site (or elsewhere if offsite storage is approved in writing by the City), less
the total amount of previous payments received from the City. Payment for materials
stored offsite shall be at the discretion of the City and if approved, the Contractor shall
provide appropriate documentation to substantiate materials are stored in a bonded
warehouse or facility, title or other proof of ownership has been transferred to the City,
and that materials have been purchased and paid for by the Contractor (copies of paid
invoices must be submitted to the City with payment request). Risk of loss shall be borne
by, and insurance must be provided by the Contractor while in storage, transit and use
during construction.
2) Amounts reflected in Change Orders may be included in Payment Requests to the
extent they are not in dispute and subject to final approval of cost to the City for such
changes in the work.
3) Each Payment Request shall be signed by the Contractor and shall constitute the
Contractor's representation that the quantity of Work has reached the level for which
payment is requested, that the Work has been properly installed or performed in strict
compliance with the Contract, and that the Contractor knows of no reason why payment
should not be made as requested.
4) Thereafter, the City shall review the Payment Request and may also review the Work at
the Project site or elsewhere to determine whether the quantity and quality of the work is
as represented in the Payment Request and is as required by the Contract. The amount
of each such payment shall be the amount approved for payment by the City less such
amounts, if any, otherwise owing by the Contractor to the City or which the City shall
have the right to withhold as authorized by the Contract, subject to approval by the City.
Approval of the Contractor's Payment Requests shall not preclude the City from the
exercise of any of its rights as set forth in Section 6.06 herein below.
5) The submission by the Contractor of a Payment Request also constitutes an affirmative
representation and warranty that all work for which the City has previously paid is free
and clear of any lien, claim, or other encumbrance of any person whatsoever. As a
condition precedent to payment, the Contractor shall, if required by the City, also furnish
to the City properly executed waivers of lien or claim, in a form acceptable to the City,
from all subcontractors, materialmen, suppliers or others having lien or claim rights,
wherein said subcontractors, materialmen, suppliers or others having lien or claim rights,
shall acknowledge receipt of all sums due pursuant to all prior Payment Requests and
waive and relinquish any liens, lien rights or other claims relating to the Project site.
Furthermore, the Contractor warrants and represents that, upon payment of the
Payment Request submitted, title to all work included in such payment shall be vested in
the City.
6.03 When payment is received from the City, the Contractor shall within seven calendar days pay all
subcontractors, material men, laborers and suppliers the amounts they are due for the work
covered by such payment. In the event the City becomes informed that the Contractor has not
paid a subcontractor, material man, laborer, or supplier as provided herein, the City shall have
the right, but not the duty, to issue future checks and payment to the Contractor of amounts
otherwise due hereunder naming the Contractor and any such subcontractor, material man,
laborer, or supplier as joint payees. The City shall notify the Contractor of its intent to implement
such a procedure and will give the Contractor a reasonable period to cure any such failure prior
to implementing the procedure. Such joint -check procedure, if employed by the City, shall create
no rights in favor of any person or entity beyond the right of the named payees to payment of
the check as a co -payee and shall not be deemed to commit the City to repeat the procedure in
the future.
6.04 Neither payment to the Contractor, full or partial utilization of the Project for any purpose by the
City, nor any other act or omission by the City shall be interpreted or construed as an
acceptance of any work of the Contractor not strictly in compliance with the Contract;
6.06 After written notice to the Contractor and a reasonable opportunity to cure, the City shall have
the right to refuse to make payment, in whole or in part, and, if necessary, may demand the
return of a portion or all the amount previously paid to the Contractor due to:
1) The quality of a portion, or all, of the Contractor's work not being in accordance with the
requirements of the Contract;
2) The quantity of the Contractor's work not being as represented in the Contractor's
Payment Request, or otherwise;
3) The Contractor's rate of progress being such that, in the opinion of the City, Substantial
Completion may be inexcusably delayed;
4) The Contractor's failure to use Contract funds, previously paid the Contractor by the City,
to pay Contractor's Project -related obligations including, but not limited to,
subcontractors, laborers and material and equipment suppliers;
5) Claims made, or likely to be made, against the City or its property for which the
Contractor or its agents or subcontractors or others for whom it is responsible are, or
reasonably appear to be at fault;
6) Loss caused by the Contractor;
7) The Contractor's failure or refusal to perform any of its obligations to the City, after
written notice and a reasonable opportunity to cure as set forth above.
In the event that the City makes written demand upon the Contractor for amounts previously
paid by the City as contemplated in this Section 6.06, the Contractor shall promptly comply with
such demand. The City's rights hereunder survive the term of this Contract Agreement, are not
waived by final payment and/or acceptance and are in addition to Contractor's obligations
elsewhere herein.
6.06 When the Contractor believes that Substantial Completion has been achieved, the Contractor
shall notify the City in writing and shall furnish a listing of those matters, if any, yet to be
finished. The City will thereupon conduct 'a site review to confirm that the Project is in fact
substantially complete. If the City, through its review, finds that the Contractor's work is not
substantially complete, and is required to repeat all, or any portion, of such review, the
Contractor shall bear the cost of such repeat site review(s), which cost may be deducted by the
City from any payment then or thereafter due to the Contractor. Guarantees and equipment
warranties required by the Contract shall commence on the date of Substantial Completion.
Upon Substantial Completion, the City shall pay the Contractor an amount sufficient to increase
total payments to the Contractor to 100% of the Contract Price less any amounts attributable to
damages, and less 150% of the costs, as reasonably determined by the City, incurred for the
City to complete any incomplete work, correcting and bringing into conformance all defective
and nonconforming work, and handling any outstanding or threatened claims. Such a
calculation by the City of costs for completing all incomplete work, correcting and bringing into
conformance all defective and nonconforming work, and handling any outstanding or threatened
claims shall not bar the City from exercising its stated rights elsewhere in the Contract, or
otherwise as provided by law for any incomplete, defective or nonconforming work or claims that
are discovered by the City after the date of making such calculation or after the date of any
partial or final payment, whether or not such incomplete, defective or nonconforming work or
claims were obvious or should have been discovered earlier.
6.07 When the Project is finally complete and the Contractor is ready for a final review, it shall notify
the City thereof in writing. Thereupon, the City will perform a final site review of the Project. If
the City concurs that the Project is complete in full accordance with the Contract and that the
Contractor has performed all of its obligations to the City hereunder, the Contractor will furnish a
final Approval for Payment to the City certifying to the City that the Project is complete and the
Contractor is entitled to the remainder of the unpaid Contract Price, less any amount withheld
pursuant to the Contract. If the City is unable to issue its final Approval for Payment and is
required to repeat its final review of the Project, the Contractor shall bear the cost of such repeat
review(s), which costs may be deducted by the City from the Contractor's final payment;
6.08 The City will not participate in a final review inspection until all as -built drawings have been
received from the Contractor and all associated subcontractors;
6.09 The City shall, subject to its rights set forth in Section 6.06 above and elsewhere in the
Contract, endeavor to make final payment of all sums due the Contractor within 30 calendar
days of the final Approval for Payment, with the exception of items in dispute or concerning
which the City has exercised any of its rights to investigate or remove.
Section 7. INFORMATION AND MATERIAL SUPPLIED BY THE CITY
7.01 The City has furnished to the Contractor, prior to the execution of this Contract Agreement, all
written and tangible material in its possession relevant to the conditions at the site of the
Project. Such written and tangible material has been furnished to the Contractor only in order to
make complete disclosure of such material as being in the possession of the City and for no
other purpose. By furnishing such material, the City does not represent, warrant, or guarantee
its accuracy either in whole, in part, implicitly or explicitly, or at all;
7.02 Differing site conditions. The Contractor shall promptly, and before such conditions are
disturbed, notify the City in writing of: (1)-subsurface or latent physical conditions at the site
differing materially from those indicated in the contract, or (2) unknown physical conditions at
the site, of an unusual nature, differing materially from those ordinarily encountered and
generally recognized as inhering in work'of the character provided for in this contract. The City
shall investigate the conditions, and if it finds that such conditions do materially so differ and
cause an increase or decrease in the Contractor's cost of, or the time required for, performance
of any part of the Work under the Contract, whether or not changed as a result of such
conditions, an adjustment shall be made, through negotiation and mutual agreement, and the
contract modified in writing accordingly.
Section 8. CEASE AND DESIST ORDER/OWNER'S RIGHT TO PERFORM WORK
8.01 In the event the Contractor fails or refuses to perform the Work, or any separable part thereof,
as required herein, or with the diligence that will ensure its proper, timely completion in
accordance with the contract documents, the City may instruct the Contractor, by written notice,
to cease and desist further Work, in whole or in part, or to correct deficient Work. Upon receipt
of such instruction, the Contractor shall immediately cease and desist, or proceed, as instructed
by the City. In the event the City issues such instructions to cease and desist, the Contractor
must, within seven calendar days of receipt of the City's instructions, provide a written, verified
plan to eliminate or correct the cause of the City's order, which plan appears to the City to be
reasonable, attainable and in good faith. In the event that the Contractor fails and/or refuses to
provide such a plan or diligently execute an approved plan, then the City shall have the right,
but not the obligation, to carry out the Work, or any portion thereof, with its own forces, or with
the forces of another contractor, and the Contractor shall be fully responsible and liable for the
costs of the City performing such work, which costs may be withheld from amounts due to the
Contractor from the City. The rights set forth herein are in addition to, and without prejudice to,
any other rights or remedies the City may have against the Contractor. If Work completed by the
City or other contractor affects, relates to, is to be attached onto or extended by later Work of
the Contractor, the Contractor shall, prior to proceeding with the later Work, and to the extent
visible, report any apparent defects or variance from the Contract requirements which would
render the Contractor's later Work not in compliance with the Contract requirements or defective
or not in compliance with warranties or other obligations of the Contractor hereunder;
8.02 The provisions of this section shall be in addition to the City's ability to remove portions of the
Work from the Contract and complete it separately.
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Section 9. CONTRACTOR'S DUTIES, OBLIGATIONS AND RESPONSIBILITIES
In addition to any and all other duties, obligations and responsibilities of the Contractor set forth in the
Contract Documents, the Contractor shall have and perform the following duties, obligations and
responsibilities to the City:
9.01 Reference is hereby made to the continuing duties set forth in Section 3.08 above, which are by
reference hereby incorporated in this Section 9.01. The Contractor shall not perform work
without adequate plans and specifications, or without, as, appropriate, approved shop drawings,
or other submittals. If the Contractor performs work knowing or believing, or if through exercise
of reasonable diligence it should have known that such work involves an error, inconsistency or
omission in the Contract without first providing written notice to the City, the Contractor shall be
responsible for such work and shall correct same bearing the costs set forth in Section 3.08
above;
9.02 All work shall strictly conform to the requirements of the Contract. To that end, the Contractor
shall be solely responsible for and have control over construction means, methods, techniques,
sequences and procedures and for coordinating all portions of the Work, unless otherwise
specified in the Contract Documents;
9.03 The work shall be strictly supervised, the Contractor bearing full responsibility for any and all
acts, errors or omissions of those engaged in the work on behalf of the Contractor, including,
but not limited to, all subcontractors and their employees. The Contractor shall maintain an on -
site superintendent while any portion of the Work is being performed. The Contractor shall
operate exclusively in the capacity of the City's independent contractor as to all work it performs
under the Contract, and not as an agent, employee, or representative of the City;
9.04 The Contractor hereby warrants that all laborers furnished under the Contract shall be qualified
and competent to perform the tasks undertaken, that the product of such labor shall yield only
first-class results, that all materials and equipment provided shall be new (unless otherwise
specified) and of high quality, that the completed work will be complete, of high quality, without
defects, and that all work strictly complies with the requirements of the Contract. Any work not
strictly complying with the requirements of this the Contract shall constitute a breach of the
Contractor's warranty;
9.05 The Contractor will be responsible for acquiring all required permit(s)—except as specifically
stated in Section 22.01 below —and calling for all required or routine inspections. The
Contractor will cooperate with and abide by the decision of inspectors having jurisdiction.
Should the Contractor have a dispute with any inspector or entity having jurisdiction, the
Contractor shall promptly notify the City Manager or the City Manager's designee. The
Contractor shall comply with all legal requirements applicable to the work;
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9.06 The Contractor shall employ and maintain at the Project site only competent, qualified full-time
supervisory personnel. Key supervisory personnel assigned by the Contractor to this Project are
as follows:
NAME FUNCTION
John F Gann II Project Manager
Jesus Romero Superintendent
If at any time the City reasonably determines that any employee of the Contractor is not
properly performing the Work in the best interest of the City or the Project, or is
hindering the progress of the Work, or is otherwise objectionable, the City shall so notify
the Contractor, which shall replace the employee as soon as possible, at no increased
cost to the City.
9.07 The Contractor must submit to the City the Contractor's schedule for completing the work prior
to submittal of the first application for payment. The City will not review any payment request
until such schedule has been submitted and approved. Such schedule shall be in a form as
specified in the Contract or which shall have been approved by the City Manager or the City
Manager's designee, and which shall provide for expeditious and practicable construction of the
Project. The Contractor's schedule shall be updated no less frequently than monthly (unless the
parties otherwise agree in writing) and shall be updated to reflect conditions encountered from
time to time and shall apply to the total, project. Each such revision shall be furnished to the City.
Strict compliance with the requirements of this Section 9.07 shall be a condition precedent to
payment to the Contractor, and failure Iby the Contractor to strictly comply with said
requirements shall constitute a material breach of the Contract;
9.08 The Contractor shall keep an updated copy of the Contract Documents at the site. Additionally,
the Contractor shall keep a copy of approved shop drawings and other submittals. All of these
items shall be available to the City during all regular business hours;
9.09 Shop drawings and other such submittals from the Contractor do not constitute a part of the
Contract. The Contractor shall not do'any work requiring shop drawings or other submittals
unless such shall have been approved in writing by the City or as required by the Contract
Documents. All work requiring approved shop drawings or other submittals shall be done in
strict compliance with such approved documents or Contract requirements. However, approval
by the City shall not be evidence that work installed pursuant thereto conforms with the
requirements of the Contract and shall not relieve the Contractor of responsibility for deviations
from the Contract unless the City has been specifically informed of the deviation by a writing
incorporated in the submittals and has approved the deviation in writing.
The delivery of submittals shall constitute a representation by the Contractor that it has verified
that the submittals meet the requirements of the Contract, or will do so, including field
measurements, materials and field construction criteria related thereto.
The City shall have no duty to review partial submittals or incomplete submittals. The Contractor
shall have the duty to carefully review, inspect, examine and physically stamp and sign any and
all submittals before submission of same to the City;
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9.10 The Contractor shall maintain the Project site and adjacent areas affected by its work and/or the
acts of its employees, materialmen and subcontractors in a reasonably clean condition during
performance of the work. Upon substantial completion, the Contractor shall thoroughly clean the
Project site of all debris, trash and excess materials or equipment. If the Contractor fails to do
so, the City may complete the cleanup, by its own forces or by separate contract, and shall be
entitled to charge the Contractor for same through the collection or withholding of funds through
the mechanisms provided elsewhere in this Contract Agreement;
9.11 At all times relevant to the Contract, the Contractor shall permit the City and its consultants to
enter upon the Project site and any offsite lay down areas, safety permitting, and to review or
inspect the work and any materials on any such site, without formality or other procedure;
9.12 The Contractor recognizes that the City may enter into other contracts to perform work relating
to the Project, or to complete portions of the Work itself. The Contractor shall ensure that its
forces reasonably accommodate the forces of the City and other contractors hired by the City.
The Contractor shall coordinate its schedule with the work of other contractors. If the Contractor
claims that delay or damage results from these actions of the City, it shall promptly submit a
claim as provided herein;
9.13 Protection of persons and property.
1) It shall be the responsibility of the Contractor to initiate, continue and supervise all safety
programs and precautions in the performance of the terms of the Contract. The
Contractor shall take reasonable precautions for the safety of, and shall provide
reasonable protection to prevent damage, injury or loss to its employees, subcontractors'
employees, employees of the City and members of the public, the Work itself and
unassembled components thereof, and other property at the site or adjacent thereto. As
part of the Contractor's obligations hereunder, the Contractor shall erect and maintain all
necessary and prudent safeguards, barriers, signs, warnings, etc.;
2) With notice to the City, the Contractor shall promptly remedy loss or damage to the Work
or any person or property described herein caused in whole or in part by the acts of the
Contractor or any subcontractor, sub -subcontractor or materialman. This obligation shall
be in addition to the requirements of Section 10 herein. The City may direct the
Contractor to remedy known violations of applicable laws, rules, regulations, and
interpretations related to safety when and if observed on the site. However, through
exercising this authority the City shall not incur any obligations to monitor, initiate,
continue, or supervise safety programs and precautions such to diminish the
Contractor's primary role in same. The City shall have the right to report suspected
safety violations to the Occupational Safety and Health Administration (OSHA) or other
appropriate authorities;
3) The Contractor shall promptly notify the City upon discovery of any unidentified material
which Contractor reasonably believes to be asbestos, lead, PCB, or other hazardous
material, and shall immediately stop work in the affected area of the Project. The
Contractor shall not be responsible for removal or other work with regard to such
hazardous material unless otherwise agreed between the City and the Contractor. In the
case of work stopped due to the discovery of hazardous materials, Section 6 shall apply
to claims for delay, hindrance or interference. Work will resume in the affected area of
the Project immediately after such time as the hazardous material has been removed or
rendered harmless, as certified by an industrial hygienist to be engaged by the City;
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9.14 The Contractor warrants to the Owner that materials and equipment furnished under the
Contract are of good quality and new unless otherwise required or permitted under the Contract
Documents, that the Work will be free from defects not inherent in the quality required or
permitted, and that the Work will conform to the requirements of the Contract Documents. Work
not conforming to these requirements, including substitutions not properly approved and
authorized, may be considered defective. The Contractor's warranty excludes remedy for
damage or defect caused by abuse, modifications not executed by the Contractor, improper or
insufficient maintenance, improper operation, or normal wear and tear and normal usage. If
required by the Owner, the Contractor shall furnish satisfactory evidence as to the kind and
quality of materials and equipment.
Section 10. INDEMNITY
Contract Agreement:
discovered, before or after termination of the Contract:
Section 11. CLAIMS BY THE CONTRACTOR
Claims by the Contractor against the City, other than for time extensions covered by Section 6
hereof, are subject to the following terms and conditions:
11.01 All Contractor claims against the City shall be initiated by a written claim submitted to the City.
Notice of such claim shall be received by the City no later than either 10 calendar days after the
event, or 10 calendar days after the first appearance of the circumstances causing the claim,
whichever is sooner, and same shall set forth in detail all known facts and circumstances
supporting the claim. Final costs associated with any claim upon which notice has been filed
must be submitted in writing to the City within 30 calendar days after notice has been received;
11.02 The Contractor and the City shall continue their performance hereunder regardless of the
existence of any claims submitted by the Contractor including claims set forth in Section 6
hereof;
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11.03 In the event the Contractor discovers previously concealed and unknown site conditions which
are materially at variance from those typically and ordinarily encountered in the general
geographical location of the Project, the Contract Price may, with the approval of the City, be
modified, either upward or downward, upon the written notice of claim made by either party
within 10 calendar days after the first appearance to such party of the circumstances. Final
costs must be submitted within 30 calendar days after such notice is received by the City,
unless extended by written agreement of the parties. As a condition precedent to the City having
any liability to the Contractor due to concealed and unknown conditions, the Contractor must
give the City written notice of, and an opportunity to observe, such condition prior to disturbing
it. The failure by the Contractor to give the written notice and make the claim as provided by this
Section 11.03 and as required elsewhere under the Contract shall constitute a waiver by the
Contractor of any rights arising out of or relating to such concealed and unknown condition;
11.04 In the event the Contractor seeks to make a claim for an increase in the Contract Price, as a
condition precedent to any liability of the City therefor, unless emergency conditions exist, the
Contractor shall strictly comply with the requirements of Section 11.01 above and such claim
shall be made by the Contractor before proceeding to execute any work for which a claim is
made. Failure to comply with this condition precedent shall constitute a waiver by the Contractor
of any claim for additional compensation;
11.05 In connection with any claim by the Contractor against the City that would result in
compensation in excess of the Contract Price, any liability of the City for the Contractor's cost in
this regard shall be limited to those cost categories set forth in Section 13.07 below.
Section 12. SUBCONTRACTORS
12.01 Prior to execution of the Contract, the Contractor shall have identified to the City in writing,
those parties required to be listed on the proposal form as subcontractors on the Project. Any
changes to this list at any time shall be subject to the prior approval of the City. The City shall, in
writing, state any objections the City may have to one or more of such subcontractors. The
Contractor shall not enter into a subcontract with an intended subcontractor to whom the City
objects. If at any time the City objects to a subcontractor, the Contractor shall solicit proposals
from potential replacements and shall submit the three lowest proposals to the City, along with
the Contractor's proposed choice as replacement. If the approved replacement subcontractor's
cost is verified to be higher than the removed subcontractor, the excess shall be added to the
Contract Price, unless the subcontractor in question has to be removed due to a default, or
deficient performance;
If the approved replacement subcontractor's cost is lower than the removed subcontractor, the
difference shall be deducted from the Contract Price. Subcontractor markups shall be limited to
those listed in Section 13.07 below;
All subcontracts shall afford the Contractor rights against the subcontractor which correspond to
those rights afforded to the City against the Contractor herein, including those rights of Contract
termination as set forth herein below;
12.02 Each and every subcontract related to the Project is hereby assigned by the Contractor to the
City, contingent upon the termination of the Contract for default or convenience as provided
herein, and only as to those subcontracts which the City accepts in writing directed to the
Contractor. This contingent assignment is subject to the prior rights of any surety obligated
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under a bond related to the Contract. This contingent assignment will operate prospectively from
the effective date of assignment and will not obligate the City to any liabilities existing on the
effective date of the assignment, or arising from events, acts, failures to act, facts or
circumstances existing prior to the effective date of the assignment. The contracts subject to this
contingent assignment shall also be further assignable by the City, at the City's sole option. The
Contractor shall bear the responsibility of notifying subcontractors of this contingent assignment
and including it in all subcontracts in connection with the Project.
Section 13. CHANGE ORDERS
13.01 The City Manager or the City Manager's express designee shall be the sole authorized
representative of the City. Other than in matters of public safety or in time of emergency
management, the Contractor shall not take direction or act upon information from any City
personnel other than the City Manager's expressly authorized designee(s);
13.02 One or more changes to the work within the general scope of the Contract, may be ordered by
Change Order. The City may also issue written directions for minor changes in the Work and
may issue Construction Change Directives, as set forth below. The Contractor shall proceed
with any such changes or Construction Change Directives without delay and in a diligent
manner, and same shall be accomplished in strict accordance with the following terms and
conditions:
13.03 Change Order shall mean a written order directed to the Contractor executed by the City after
execution of the Contract, directing a change in the work. A Change Order may include a
change in the Contract Price, (other than a change attributable to damages for delay as
provided in Section 6 hereof), or the time for the Contractor's performance, or any combination
thereof. Where there is a lack of total agreement on the terms of a Change Order or insufficient
time to execute a bilateral change, the City may also direct a change in the Work in the form of
a Construction Change Directive, which will set forth the change in the Work and the change, if
any, in the Contract Price or time for performance, for subsequent inclusion in a Change Order;
Construction Change Directives shall include a not -to -exceed preliminary price, against which
the Contractor may begin billing (subject to the requirements for pay applications elsewhere
herein) as the work is performed.
1) The Contractor shall furnish a price breakdown, itemized as required and within the time
specified by the City, with any proposal for a contract modification.
2) The price breakdown
a) must include sufficient detail to permit an analysis of all costs for material, labor,
equipment and subcontracts, and
b) must cover all work involved in the modification, whether the work was deleted,
added or changed.
3) The Contractor shall provide similar price breakdowns to support any amounts claimed
for subcontracts.
4) The Contractor's proposal shall include a complete justification for any time extension
proposed.
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13.04 Any change in the Contract Price resulting from a Change Order shall be determined as follows:
1) By mutual agreement between the City and the Contractor as evidenced by (a) the
change in the Contract Price being set forth in the Change Order, (b) such change in the
Contract Price, together with any conditions or requirements relating thereto, being
initialed by both parties and (c) the Contractor's execution of the Change Order; or,
2) If no mutual agreement occurs between the City and the Contractor, the change in the
Contract Price, if any, shall be derived by determining the reasonable actual costs
incurred or savings achieved, resulting from revisions in the work. Such reasonable
actual costs or savings shall include a component for direct job site overhead and profit
but shall not include home -office overhead or other indirect costs or components. The
calculation of actual costs shall conform to the markup schedule in Section 13.07 below.
Any such costs or savings shall be documented in the format, and with such content and
detail as the City requires.
The Contractor shall promptly submit such documentation and other supporting materials as the
City may require in evaluating the actual costs incurred or to be incurred;
13.05 The execution of a Change Order by the Contractor shall constitute conclusive evidence of the
Contractor's agreement to the ordered changes in the work, the Contract as thus amended, the
Contract Price and the time for performance by the Contractor, regardless of the nature, amount
or extent of the changes. The Contractor, by executing the Change Order, waives and forever
releases any claim against the City for additional time or compensation for matters relating to,
arising out of or resulting from the work included within or affected by the executed Change
Order of which the Contractor knew or should have known;
13.06 The Contractor shall notify and obtain the consent and approval of the Contractor's surety with
reference to all Change Orders if such notice, consent or approval are required by the City, the
Contractor's surety or by law. The Contractor's execution of the Change order shall constitute
the Contractor's warranty to the City that the surety has been notified of, and consents to, such
Change Order and the surety shall be conclusively deemed to have been notified of such
Change Order and to have expressly consented thereto;
13.07 For the purpose of Change Orders, the following definitions of terms and other restrictions
apply:
Contractor's or Subcontractor's Materials shall include the cost of materials, excluding
sales tax, and the cost of all transport. The cost of items listed shall be directly related to
the Change Order. Indirect costs not specifically related to the Change Order shall not
be considered.
Contractor's or Subcontractor's Direct Labor Cost shall be limited to the hourly rate of
directly involved workmen, employer contributions towards company standard benefits,
pensions, unemployment or social security (if any), and employer costs for paid sick and
annual leave.
Contractor's or Subcontractor's Overhead shall include license fees, bond premiums,
supervision, wages of timekeepers and clerks, incidentals, home and field office
expense, and vehicle expense directly related to the Project, and all other direct Project
expenses not included in the Contractor's materials, direct labor and equipment costs.
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The allowance for Overhead and Profit shall be limited to the following schedule:
1. For the Contractor, for any work performed by the Contractor's own forces, 10%
of the Subtotal of Costs to the Contractor.
2. For the Contractor, for any work performed by his Subcontractor, 5% of the
amount due the Subcontractor.
3. For each Subcontractor or Sub -subcontractor involved, for any work performed
by their own forces, 10% of their materials and direct labor costs.
4. For each Subcontractor, for work performed by his Sub-subcontractor(s), 5% of
the amount due the Sub -subcontractor.
For Change Orders, the total cost or credit to the Owner shall be based on the following
schedule:
Contractor's Materials Cost
Contractor's Direct Labor Costs
Contractor's Equipment. Costs (includes owned/rental equipment)
Applicable Subcontractor Costs
Subtotal of Costs to the Contractor
Contractor's Overhead and Profit
Total Cost or Credit to the Owner
13.08 Nothing Contained in this section shall be deemed to contradictor limit the terms of Section
6.05 above.
Section 14. DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK
14.01 In the event that the Contractor covers, conceals or obscures its work in violation of the Contract
or in violation of an instruction from the City, such work shall be uncovered and displayed for
review by the City and/or its consultants upon request, and shall be reworked at no cost in time
or money to the City;
14.02 If any of the work is covered, concealed or obscured in a manner not covered by Section 14.01
above, it shall, if directed by the City, be uncovered and displayed for the City and/or its
consultants. If the uncovered work conforms strictly with the Contract, the costs incurred by the
Contractor to uncover and subsequently, replace such work shall be borne by the City.
Otherwise, such costs shall be borne by the Contractor;
14.03 The Contractor shall, at no cost in time or money to the City, correct work rejected by the City as
defective or failing to conform to the Contract. Additionally, the Contractor shall reimburse the
City for all testing, review, inspections and other expenses incurred as a result thereof;
14.05 In addition to its warranty obligations set forth elsewhere in this Contract Agreement and any
manufacturer's warranties provided on the Project, and in addition to other remedies provided
herein or by law to the City, the Contractor shall be specifically obligated to promptly correct any
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and all defective or nonconforming work, whether obvious or after -discovered, for a period of 12
months following Substantial Completion upon written direction from the City;
14.06 The City may, but shall in no event be required to, choose to accept defective or nonconforming
work. In such event, the Contract Price shall be reduced by the greater of (1) the reasonable
costs of removing and correcting the defective or nonconforming work, or (2) the difference
between the fair market value of the Project as constructed and the fair market value of the
Project had it not been constructed in such a manner as to include defective or nonconforming
work. If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate
the City for the acceptance of defective or nonconforming work, the Contractor shall, upon
written demand from the City, pay the City such remaining compensation for accepting defective
or nonconforming work. The Contractor shall have an opportunity to correct any defect or non-
conformance prior to the City taking the above actions. The contractor, upon written notice of
any defect or non-conformance, shall have 10 calendar days to make corrections, unless the
City agrees that the correction will require more than 10 calendar days to correct.
Section 15. CITY'S RIGHT TO SUSPEND CONTRACTOR'S PERFORMANCE
15.01 In addition to the City's rights under Section 8 and elsewhere in this Contract Agreement, the
City shall have the right at any time to direct the Contractor to suspend its performance, or any
designated part thereof when in the interests of the City. If any such suspension is directed by
the City, the Contractor shall immediately comply with same;
15.02 In the event the City directs a suspension of performance under this section, through no fault of
the Contractor, if the suspension is lifted other than by Termination, the City shall pay the
Contractor as full compensation for such suspension the Contractor's ordinary and reasonable
costs, actually incurred and paid, of:
1) demobilization and remobilization, including such justifiable costs paid to subcontractors
cost categories and markups limited to those set forth in Section 13.07 above);
2) preserving and protecting work in place;
3) approved storage of materials or equipment purchased for the Project, including
insurance thereon; and
4) substantiated extended field office overhead (but no home -office overhead).
15.03 The City may order suspension of the Work in whole or in part for such time as deemed
necessary because of the failure of the Contractor to comply with any of the requirements of this
Contract Agreement, and the Contract Agreement's completion date shall not be extended on
account of any such suspension of Work.
When the City orders any suspension of the Work under this Section 15.03, the
Contractor shall not be entitled to any payment for Work which the Contractor performs
after notice of suspension and/or during the suspension period and shall not be entitled
to any costs or damages resulting from such suspension.
16.04 The City's rights under this section shall be in addition to those contained elsewhere in the
Contract or provided by law.
19
Section 16. TERMINATION BY THE CITY
The City may terminate the Contract in accordance with the following terms and conditions:
16.01 Termination for Convenience. The City may, when in the interests of the City, terminate
performance under the Contract by the Contractor, in whole or in part, for the convenience of
the City. The City shall give written notice of such termination to the Contractor specifying when
termination becomes effective. The Contractor shall incur no further obligations in connection
with the work so terminated, other than warranties and guarantees for completed work and
installed equipment, and the Contractor shall stop work when such termination becomes
effective. The Contractor shall also terminate outstanding orders and subcontracts for the
affected work. The Contractor shall settle the liabilities and claims arising out of the termination
of subcontracts and orders. The City may direct the Contractor to assign the Contractor's right,
title and interest under termination orders or subcontracts to the City or its designee. The
Contractor shall transfer title and deliver to the City such completed or partially completed work
and materials, equipment, parts, fixtures, information and Contract rights as the Contractor has
in its possession or control. When terminated for convenience, the Contractor shall be
compensated as follows:
1) The Contractor shall submit a termination claim to the City specifying the amounts due
because of the termination for convenience together with costs, pricing or other data
required by the City. If the Contractor fails to file a termination claim within six months
from the effective date of termination, the City shall pay the Contractor, an amount
derived in accordance with subsection (3) below.
2) The owner and the Contractor may agree to the compensation, if any, due to the
Contractor hereunder.
3) Absent agreement to the amount due to the Contractor, the owner shall pay the
Contractor the following amounts:
a) Contract costs for labor, materials, equipment and other services accepted under
the Contract;
b) Reasonable costs incurred in preparing to perform and in performing the
terminated portion of the work, and in terminating the Contractor's performance,
plus a fair and reasonable allowance for direct job site overhead and earned
profit thereon (such profit shall not include anticipated profit or consequential
damages); provided however, that if it reasonably appears that the Contractor
would have not profited or would have sustained a loss if the entire Contract
would have been completed, no profit shall be allowed or included and the
amount of compensation shall be reduced to reflect the anticipated rate of loss,
any;
c) Reasonable costs of settling and paying claims arising out of the termination of
subcontracts or orders pursuant to Subsection (3)(a) above —if contingent
assignment of such contracts has not been elected as provided herein —shall not
include amounts paid in accordance with other provisions of the Contractor. This
clause is subject to, and the Contractor shall be limited by the City's rights to
direct the replacement of subcontractors under Section 12.01.
20
The total sum to be paid the Contractor under this Subsection (3) shall not exceed the
total Contract Price, as properly adjusted, reduced by the amount of payments otherwise
made, and shall in no event include duplication of payment.
16.02 Termination for Cause. If the Contractor does not perform the work, or any part thereof, in a
timely manner, supply adequate labor, supervisory personnel or proper equipment or materials,
or if it fails to timely discharge its obligations for labor, equipment and materials, or proceeds to
disobey applicable law, or otherwise commits a violation of a material provision of the Contract,
then the City, in addition to any other rights it may have against the Contractor or others, may
terminate the performance of the Contractor, in whole or in part at the City's sole option, and
assume possession of the Project site and of all materials and equipment at the site and may
complete the work;
In such case, the Contractor shall not be paid further until the work is complete. After
Completion has been achieved, if any portion of the Contract Price, as it may be modified
hereunder, remains after the cost to the City of completing the work, including all costs and
expenses of every nature incurred, has been deducted by the City, such remainder shall belong
to the Contractor. Otherwise, the Contractor shall pay and make whole the City for such cost.
This obligation for payment shall survive the termination of the Contract;
In the event the employment of the Contractor is terminated by the City for cause pursuant to
this Section 16.02 and it is subsequently determined by a Court of competent jurisdiction that
such termination was without cause; such termination shall thereupon be deemed a Termination
for Convenience under Section 16.01 and the provisions of Section 16.01 shall apply;
16.03 Termination for Non -Appropriation. The City may also terminate the Contract, in whole or in
part, for non -appropriation of sufficient funds to complete or partially complete the Project,
regardless of the source of such funds, and such termination shall be on the terms of Section
16.01;
16.04 The City's rights under this Section shall be in addition to those contained elsewhere herein or
provided by law.
Section 17. INSURANCE
17.01 Contractor shall be responsible for all damage to person and or property resulting from its
negligent acts, reckless or intentional misconduct, errors or omissions or those of their
subcontractors, agents or employees in connection with such services and shall be responsible
for all parts of its work, both temporary and permanent;
17.02 Contractor shall, at its own expense, procure and maintain throughout the term of this Contract
Agreement, with insurers acceptable to City, the types and amounts of insurance conforming to
the minimum requirements set forth in this Contract Agreement. Contractor shall not commence
work until the required insurance is in force and evidence of insurance acceptable to City has
been provided to, and approved by, City. An appropriate Certificate of Insurance shall be
satisfactory evidence of insurance. Until such insurance is no longer required by the Contract,
Contractor shall provide City with renewal or replacement evidence of insurance at least 30
days prior to the expiration or termination of such insurance;
17.03 Workers' Compensation/Employer's Liability Insurance
21
Worker's Compensation Insurance in accordance with statutory requirements, and Employers'
Liability Insurance with limits of not less than $1,000,000 for each accident.
General Liability Insurance
Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000
for each occurrence and not less than $1,000,000 in the aggregate, and with property damage
limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the
aggregate.
Automobile Liability Insurance
Automobile Liability Insurance with bodily injury limits of not less than $1,00,000 for each person
and not less than $1,000,000 for each accident, and with property damage limits of not less than
1,000,000 for each accident;
17.04 Contractor shall furnish insurance certificates or insurance policies at the City's request to
evidence such coverages. Except for workers compensation, the insurance policies shall name
the City as an additional insured and shall contain a provision that such insurance shall not be
canceled or reduced with respect to by coverages or endorsements without 30 days' prior
written notice to OWNER and CONSULTANT. In such event, CONSULTANT shall, prior to the
effective date of the change or cancellation, serve substitute policies furnishing the same
coverage;
17.06 Compliance with these insurance requirements shall not limit the liability of Contractor. Any
remedy provided to the City by any insurance maintained by the Contractor shall be in addition
to and not in lieu of any other remedy (including, but not limited to, as an indemnitee of
Contractor) available to the City under the Contract or otherwise;
17.06 Neither approval nor failure to disapprove insurance furnished by Contractor shall relieve
Contractor from responsibility to provide insurance as required by this Contract Agreement;
17.07 Contractor shall deliver to City the required certificate(s) of insurance and endorsement(s)
before City signs this Contract Agreement;
17.06 Contractor's failure to obtain, pay for, or maintain any required insurance shall constitute a
material breach upon which City may immediately terminate or suspend this Contract
Agreement. In the event of any termination or suspension, City may use the services of another
consultant or consultants, without City's incurring any liability to Contractor;
17.09 At its sole discretion, City may obtain or renew Contractor insurance, and City may pay all or
part of the premiums. Upon demand, Contractor shall repay CITY all monies paid to obtain or
renew the insurance. City may offset the cost of the premium against any monies due
Contractor from City;
22
17.10 The Contractor shall furnish to the City Certificates of Insurance allowing thirty (30) days' notice
for any change, cancellation, or non -renewal. Such Certificates shall contain the following
wording:
SHOULD ANY OF THE ABOVE -DESCRIBED POLICIES BE CANCELED BEFORE
THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS
PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN."
If the insurance policies expire during the terms of the Contract, a renewal certificate or binder
shall be filed with the City at least 30 days prior to the renewal date;
17.11 In addition to the coverages required herein, the Contractor shall furnish and maintain all-risk
builder's risk property insurance, satisfactory to the City, upon the entire Work at the site to the
full replacement cost of the completed project. This coverage shall name City as an additional
insured, must include the interests of the Contractor, subcontractors and sub -subcontractors in
the Work, and must be procured from an insurer licensed to do business in the State of Texas
with a Best's rating of "A+, A, A-". The policy must insure against perils including, but not limited
to, earthquake, fire, extended coverages, windstorm, lightning, flood, and physical loss or
damage, including theft, vandalism and malicious mischief;
Section 18. PERFORMANCE AND PAYMENT BONDS; SURETY BONDS
18.01 Contractor shall provide City with a Performance Bond, a Payment Bond, and a Maintenance
Bond meeting the standards specified in the Contract Documents, on the forms provided by the
City, and attached hereto, with a Power of Attorney Affidavit, each in an amount not less than
the Contract price;
18.02 Sureties' qualifications. All bonds, to the extent required under the Contract, including, but not
by way of limitation, any Bid/Proposal Bond, Performance Bond, Payment bond, or Maintenance
Bond shall be written through a reputable and responsible surety bond agency licensed to do
business in the State of Texas and with a surety which holds a certificate of authority authorizing
it to write surety bonds in Texas and maintains a current certificate of authority as an acceptable
surety on Federal Bonds in accordance with U.S. Department of Treasury Circular 570.
However, if the amount of the bond exceeds the underwriting limitations set forth in the Circular,
in order to qualify, the net retention of the surety company shall not exceed the underwriting
limitation in the Circular and the excess risk must be protected by co-insurance, reinsurance, or
other methods in accordance with Treasury Circular 297, revised September 1, 1978 (3) CFR
Section 223.10 - Section 223.111 and the surety company shall provide the City with evidence
satisfactory to the City, that such excess risk has been protected in an acceptable manner;
18.03 Additional or replacement bond. It is further mutually agreed between the parties hereto that if,
at any time, the City shall deem the surety or sureties upon any bond to be unsatisfactory, or if,
for any reason, such bond (because of increases in the work or otherwise) ceases to be
adequate, the Contractor shall, at its expense within five days after the receipt of notice from the
City so to do, furnish an additional or replacement bond or bonds in such form, amount, and
with such surety or sureties as shall be satisfactory to the City. In such event, no further
payments to the Contractor shall be deemed to be due under the Contract until such new or
additional security for the faithful performance of the work shall be furnished in manner and form
satisfactory to the City;
23
18.04 As applicable to all bonds required under the Contract, the surety company shall have a Texas
agent whose name shall be listed in the prescribed space on the forms provided by the City for
all bonds required by the City, or otherwise listed therein if the form of the Bond is not
prescribed by the City.
Section 19. PROJECT RECORDS
All documents relating in any manner whatsoever to the Project, or any designated portion thereof,
which are in the possession of the Contractor, or any subcontractor of the Contractor, shall be made
available to the City and/or its consultants for inspection and copying upon written request by the City.
Furthermore, said documents shall be made available, upon request by the City, to any state, federal or
other regulatory authority and any such authority may review, inspect and copy such records. Said
records include, but are not limited to, all drawings, plans, specifications, submittals, correspondence,
minutes, memoranda, tape recordings, videos, or other writings or things which document the Project,
its design, and its construction. Said records expressly include those documents reflecting the cost of
construction to the Contractor. The Contractor shall maintain and protect these documents for not less
than three years after completion of the Project, or for any longer period of time as may be required by
law or good construction practice. The Contractor further agrees to include these provisions in any
subcontracts issued by him in connection with this Contract Agreement.
Section 20. APPLICABLE LAW
The laws of the State of Texas shall govern this Contract Agreement. In any litigation arising under this
Contract Agreement, the parties agree to a waiver of the right to a trial before a jury, and all such
litigation shall be litigated only in a non jury hearing in Collin County, Texas.
Section 21. SUCCESSORS AND ASSIGNS
Each party binds itself, its successors, assigns, executors, administrators or other representatives to
the other party hereto and to successors, assigns, executors, administrators or other representatives of
such other party in connection with all terms and conditions of the Contract. The Contractor shall not
assign the Contract without prior written consent of the City.
Section 22. MISCELLANEOUS PROVISIONS
22.01 Construction Permits. The City hereby agrees to waive the charge for a City -issued building
permit for this Project. However, the Contractor is responsible for obtaining all permits or fees
otherwise required of the Contractor by the Contract Documents or permits and fees customarily
the responsibility of the Contractor. The Contractor and all subcontractors are required to
register with the City of Anna and pay the fee of $100;
22.02 Compliance by Contractor: Nondiscrimination. Contractor shall comply with all Federal, State
and local laws, ordinances, rules and regulations of any authorities throughout the duration of
the Contract. The Contractor shall be'responsible for compliance with any such law, ordinance,
rule or regulation and shall hold City harmless and indemnify same in the event of non-
compliance. Contractor further agrees to abide by the requirements under Federal Executive
Order Number 11246, as amended, including specifically the provisions of the equal opportunity
clause;
24
22.03 State and Local Taxes. Except as otherwise provided, contract prices shall include all applicable
state and local taxes. Contractor shall indemnify and hold harmless the City for any loss, cost or
expense incurred by, levied upon or billed to the City as a result of Contractor's failure to pay
any tax of any type due in connection with this Contract Agreement. Contractor shall ensure that
the above sections are included in all subcontracts and sub -subcontracts and shall ensure
withholding on out of state sub and sub -subcontractors to which withholding is applicable.
22.04 Any and all notices required to be sent under the Contract or otherwise shall be sent to the
following:
If to the City:
City of Anna
Attn: Ryan Henderson, City Manager
120 W. Seventh St
Anna, Texas 75409
If to the Contractor:
ALCC, LLC, Dba Perfect Finish Landscaping
Attn: Blake N. Martino, CEO
5501 Fishtrap Rd, Suite 331
Denton, TX 76208
Section 23. ENTIRE AGREEMENT
Aside from duly authorized Change Orders, any modification to this Contract Agreement must be
supported by an additional, articulated consideration, and must either be in writing, executed by the
parties hereto, or, if made orally, should be confirmed in writing, which writing should state the
consideration which supports the modification. Failure to confirm an oral modification in writing shall
constitute a waiver of any claim for additional; compensation with regard to the oral modification.
Nothing in this Section shall be construed to limit the City's authority to issue changes set forth in
Section 14 herein.
Section 24. SEVERABILITY
If any term or condition of the Contract or the application thereof to any person(s) or circumstances is
held invalid, this invalidity shall not affect other terms, conditions or applications which can be given
effect without the invalid term, condition, or application. To this end, the terms and conditions of the
Contract are agreed to be severable.
Section 25. WAIVER
Waiver of any breach of any term or condition of this contract shall not be deemed a waiver of any prior
or subsequent breach and shall not entitle any party hereto to any subsequent waiver of any terms
hereunder No term or condition of this contract shall be held to be waived, modified or deleted except
by an instrument, in writing. signed by the parties hereto.
IN WITNESS WHEREOF, the Parties have executed this Contract Agreement under
their respective seals on the day and year first written above.
CITY OF
M.
City Manager
ATTEST:
Contractor)
BY: o
Blake N. Martino, CEO
ATTEST
tyh M a I A
S CRETARY
SEAL)
THE CITY OF
manna
2024-0716
Perfect Finish Landscaping
ALCC, LLC
Supplier Response
Event Information
Number: 2024-0716
Title: Pecan Grove Trail
Type: Invitation to Bid
Issue Date: 7/16/2024
Deadline: 8/9/2024 02:00 PM (CT)
Notes: The City highly recommends that respondents do not wait until minutes
before the due date and time to submit proposal as the submittal
process may take significant time.
Q&A
Questions must be submitted by the deadline via IONWAVE
only (no emails/no phone calls).
Pre -Bid Conference (Non -mandatory).
Wednesday, July 24, 2024, at 10:00 AM CT at the project site.
Meet outside the Pecan Grove Estates amenity center located
at 2302 Luscombe Ln, Anna, TX 75409.
Submission Deadline (Proposals must be submitted electronically
via lonwave).
Friday, August 9, 2024, at 2:00 p.m.
Contact Information
Page 1 of 7 pages Vendor: Perfect Finish Landscaping 2024-0716
Contact: Joanna Golleher
Address: Engineering/CIP Analyst
City Hall
142
120 W. 7th Street
Anna 75409
Phone: (469) 885-8807
Email: jolleher@annatexas.gov
Page 2 of 7 pages Vendor: Perfect Finish Landscaping 2024-0716
Perfect Finish Landscaping Information
Contact: Blake Martino
Address: PO Box 2262
Denton, TX 76202
Phone: 888) 645-4333
Email: blake@perfectfinishlandscaping.com
By submitting your response, you certify that you are authorized to represent and bind your company.
Kenneth Williamson
Signature
Submitted at 8/9/2024 01:02:29 PM (C7)
Attachments
Anna Pecan Grove Trail 100pct Project Manual
Completed Spec Book
W9
I_Ti3:IX-Ti1i51
Optional
Bid Lines
ken neth@perfectfi nishlandscaping. com
Email
Pecan Grove Trail Estimate
Perfect Finish) 2024.08.09.pdf
W-9 for ALCC, LLC.
2024.08.05).pdf
City of Anna ACH Form.pdf
1 Package Header
Mobilization
Total: $61,905.00
Package Items
1.1 Mobilization - 10% of base bid construction
Quantity: 1 UOM: LS Price: $61,905.00 Total: $61,905.00
2 Package Header
SWPPP
Total: $24,530.50
Package Items
2.1 Erosion Control Fencing — to include Silt Fence or Filtrexx Silt Soxx with compost fill or approved equal, as
shown on plans, complete
Quantity: 3155 UOM: LF Price: $3.101 Total: 1 $9,780.50
2.2 Construction Entrances — to include Silt Fence or Filtrexx Silt Soxx with compost fill or approved equal, &
restoration of grade & grass including any top soil as designated by OWNER, complete in place.
Quantity: 3 UOM: EA Price: 1 $4,175.00 Total: 1 $12,525.00
Page 3 of 7 pages Vendor: Perfect Finish Landscaping 2024-0716
2.3 Inlet Protection - as shown on plans, complete
Quantity: 2 UOM: EA Price: $300.00 Total: F $600.00
2.4 SWPPP NO[ - CONTRACTOR TO PROVIDE SWPPP PLANS. NOL
Quantity: 1 UOM: LS Price: $1,625.00 Total: $1,625.00
3 Package Header
Demolition
Total: $130,259.23
Package Items
3.1 including debris removal, tree and stump removal, tree trimming for trail & construction access clearance,
any misc. debris accumulating on project site from construction activities, or natural or un-natural events for
entire duration of project including fallen trees as directed by OWNER, material to be removed cleanly and
disposed of off site at Contractor's expense, clearing of understory vegetation within 15' of proposed trail,
complete in place.
Quantity: 1 UOM: LS Price: $7,315.00 Total: 1 $7,315.00
3.2 Remove Existing Turf— strip 2 inches and dispose off -site
Quantity: 573.1 UOM: CY Price: 1 $44.25 Total: 1 $25,359.68
3.3 Construction Fence - Fence of entire park Trail including "Closed" warning signs placed at both ends of the
construction site, all
proposed (by contractor) and existing entrances, complete in place.
Quantity: 4000 UOM: LF Price: F $9.25 1 Total: $37,000.00
3.4 Remove Existing Concrete - as shown on plans, includes saw cutting, material to be removed cleanly and
disposed of off -site at Contractor's expense, complete in place.
Quantity: 93 UOM: SY Price: 1 $19.10 Total: 1 $1,776.30
3.5 Tree Protection - to include fencing for trees within limits of construction activities as directed by OWNER,
complete in place.
Quantity: 295 UOM: LF Price: $3.00 Total: $885.00
3.6 Earthwork — Cut: to include all rough grading, fine grading, cut fill, backfilling, and compaction etc to perform
site work as shown on plans, and removal/importing of all excess material at Contractor's expense,
complete in
place
Quantity: 935 UOM: CY Price: $61.95 Total: $57,923.25
4 Package Header
Hardscape Construction
Total: $222,039.00
Package Items
4.1 5" reinforced concrete 10' wide trail to include all concrete with DRY KILN PORTLAND CEMENT, rebar,
compacted gravel base, compaction, etc. to perform site work as shown on plans, and removalfimporting of
all excess material at Contractor's expense,
complete in place.
Quantity: 2974 UOM: SY Price: $65.70 Total: 1 $195.391.80
Page 4 of 7 pages Vendor: Perfect Finish Landscaping 2024-0716
Package Items
11.1 City Water Main Connection in Street - to include connection to City Main in street, sawcut concrete and
curb & gutter within cul- de -sac, City Main 8" tap, patch concrete pavement, and replace curb and gutter per
City of Anna Standard Details and Specifications, complete in place.
Quantity: 1 UOM: LS Price: $10,530.00 Total: $10,530.00
2 Package Header
Bid Alternate #4
Line excluded from response total)
Total: $53,256.00
Package Items
12.1 Trail Head Parking at Luscombe Lane and Leslie Lane cul-de-sacs - to include but not limited to sawcut
removal of curb and gutter and existing sidewalk, pavement subgrade preparation, grading, 4' wide
sidewalk, barrier free ramp, parking concrete pavement, striping, curb and gutter replacement and at
Luscombe Lane only Curb wall and fence, complete in place.
Quantity: 1 UOM: LS Price: 1 $53,256.00 1 Total: $53,256.00
Response Total: $1,034,085.08
Page 7 of 7 pages Vendor: Perfect Finish Landscaping 2024-0716
Utilities — Dedicated 1" Irrigation Meter
Total: 20,245.00
Package Items
8.1 1" HDPE SDR 9 water
Quantity: 20 UOM: LF Price: $417.00 1 Total: $8,340.00
Supplier Notes: ITap is included in the line item
8.2 1 "x2" Tee
Quantity: 1 UOM: EA Price: $595.00 1 Total: 1 $595.00
8.3 1" City Standard Gate Valve
Quantity: 1 UOM: EA Price: $595.00 1 Total: 1$595.00
8.4 1" City Standard Water Meter
Quantity: 1 UOM: EA Price: $5,950.00 Total: 1$5,950.00
8.5 Pressure Reducing Valve
Quantity: 1 UOM: EA Price: $4,765.00 Total: $4,765.00
9 Package Header
Bid Alternate #1
one excluded from response total)
Total: 73,250.00
Package Items
9.1 Shade Structure - to include structure, flatwork, foundations, solar light kit, connections, benches, table, and
trash receptacle within limits of Alternate #1 Plan Boundary complete in place.
Quantity: 1 UOM: LS Price: $73,250.00 Total: 1 $73,250.00
oPackage Header
Bid Alternate #2
Line excluded from response total)
Total: 61310.00
Package Items
10.1 Drinking Fountain - to include connection to City Main, curb stop, 1" meter, drinking fountain, concrete pad,
sump, connection to
the meter, complete in place.
Quantity: 1 UOM: LS Price: $61,310.00 Total $61,310.00
Package Header
Bid Alternate #3
Line excluded from response total)
Total: 1 $105730.00
Page 6 of 7 pages Vendor: Perfect Finish Landscaping 2024-0716
4.2 6" reinforced concrete 10' wide trail at bridge approach to include all concrete with DRY KILN PORTLAND
CEMENT, rebar, compacted gravel base, compaction, etc. to perform site work as shown on plans, and
removal/importing of all excess material at Contractors expense, complete in place.
Quantity: 216 UOM: SY Price: $74.70 Total: 1 $16,135.20
4.3 5" reinforced concrete dimensions per plan to include all concrete with DRY KILN PORTLAND CEMENT,
rebar, compacted gravel base, compaction, etc. to perform site work as shown on plans, and
removal/importing of all excess material at Contractor's expense, complete in place.
Quantity: 160 UOM: SY Price: $65.70 Total: $10,512.00
5 Package Header
Architecture Elements
Total: $49,944.00
Package Items
5.1 Benches - 70" backed bench w/ armrest to include but not limited to surface mount, complete in place.
Quantity: 12 UOM: EA Price: $3,557.50 Total: $42,690.00
6.2 Fence - 4' decorative metal fence mounted to bridge wing walls, and headwall to include mounting hardware,
welding, paint, etc. to perform work as shown on plans, and removalfimporting of all excess material at
Contractor's expense, complete in place.
Quantity: 78 UOM: LF Price: $93.00 Total: $7,254.00
6 Package Header
Landscape Elements
Total: $165,162.35
Package Items
6.1 Trees — 3 in caliper
Quantity: 15 UOM: EA Price: $675.00 Total: 1 $10,125.00
6.2 Bermuda Grass Sod — As indicated on plans with 2" depth of soil prep considered subsidiary; includes
adjustment of existing irrigation for establishment complete in place
Quantity: 11926 UOM: SY Price: $7.15 1 Total: $85,270.90
6.3 Irrigation - permanent system, existing system adjustment, and temporary irrigation for sod installed within
limits of disturbance complete in place
Quantity: 107333 UOM: SF Price: $0.65 Total: $69,766.45
7 Package Header
Pedestrian Bridge
Total: $360,000.00
Package Items
7.1 120' prefabricated bridge including abutments, wingwalls, railing; complete and in place
Quantity: 1 UOM: LS Price: $360,000.00 Total: $360,000.00
Supplier Notes: I Does not included casing of piers
Package Header
Page 5 of 7 pages Vendor. Perfect Finish Landscaping 2024-0716
Pecan Grove Trail – Sewer Manhole PaintingCity Council WorkshopFebruary 11, 2025
Overview
•Pecan Grove Trail Project
•Visible Sewer Manholes
•Concept – Public Art Program
•Questions & Feedback
Pecan Grove Trail
•Trail construction is substantially complete
•Bridge delivery expected for mid-to-late February
•Trail opening expected this Spring
Visible Sewer Manholes
•12 existing manholes visible from the trail
•Exposed concrete cone height varies from 1-foot to 4-feet.
•Approximately 9 of the manholes have large enough concrete cones to be painted.
The Portal Project
Public Art Program Concept
Sewer Manholes Portals
•Fun name for a necessary piece of public infrastructure.
•The terminology change is intended to promote creativity.
•Reference to the classic Super Mario Brothers game.
Concept - Public Art Program
•A fun and creative way to bring art to community areas by decorating the elevated manhole covers along the route.
•Community Based – art created by local artists working together or solo to bring their ideas to life.
• Pecan Grove Trail could be a pilot project for future use of the program as more trails are built in floodplain areas where sanitary sewer manholes are elevated.
Program Structure
•City to create webpage and social media notices of the program, outlining the process and program requirements.
•Public program – any Anna neighbor can submit a request solo, or as a team for 1 portal.
•Limit to 1 submission per person/team (depending upon submission volume/community interest).
•City to provide limited paint and supplies for free use by artists. Artists may purchase additional supplies.
Program Rules
•Artwork must be appropriate for all ages and family friendly.
•Suggested prohibitions:
•Obscenities
•Nudity, sex, or innuendo
•Depictions of drug or alcohol abuse
•Racism
•Sexism
•Degradation of individuals or groups
•Violence, horror, or gore
•Desecration of cultural symbols
•Gang related art
Program Process
•Anna neighbors may submit a design to the City for review.
•Designs are reviewed and approved by the City.
•City informs artist of approval and provides location of exact portal to be painted.
•Artist notifies City upon completion
•City covers the art with clear anti-graffiti varnish
•Will likely last 2+ years, but will breakdown over time due to weather, human activity, and animal activity.
•Can be painted over in the future based on condition and future artist submissions.
Paintin' Manning
Program Benefits
•Low cost for taxpayers
•Open to all who call Anna home
•Local outreach – gets Anna neighbors involved in beautifying their community
•Promotes community-based art
•Scalable – if successful, can be done in other locations throughout the City
Design Template
Feedback & Next Steps
•Questions/Discussion topics for City Council consideration:
•Is there interest in the program?
•Specific application requirements?
•Selection process/committee?
•If desired, staff will continue to develop the program and bring a final policy document to City Council for approval.
Item No. 6.a.
City Council Agenda
Staff Report
Meeting Date: 2/11/2025
Staff Contact:
AGENDA ITEM:
Approve the City Council Meeting Minutes for January 28, 2025. (City Secretary Carrie
Land)
SUMMARY:
FINANCIAL IMPACT:
BACKGROUND:
STRATEGIC CONNECTIONS:
ATTACHMENTS:
1. CCmin 2025-01-28 - Final
Regular City Council Meeting
Meeting Minutes
Tuesday, January 28, 2025 @ 7:00 PM
Anna Municipal Complex - Council Chambers
120 W. 7th Street, Anna, Texas 75409
The City Council of the City of Anna met on 01/28/2025 at 7:00 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 7:32 PM.
Members Present:
Mayor Pete Cain
Mayor Pro Tem Stan Carver ll
Deputy Mayor Pro Tem Elden Baker
Council Member Kevin Toten
Council Member Jody Bills
Council Member Kelly Herndon
Council Member Lee Miller
Members Absent:
None
2.Neighbor Comments.
No comments were given.
3.Reports.
Receive reports from Staff or the City Council about items of community interest.
Council Member Herndon reminded everyone of the Open House on the
Comprehensive Plan update to be held on February 6, 2025 at Rattan
Elementary, and the online survey.
4.Work Session.
a.Rental Registration Program Update (Assistant City Manager Taylor Lough)
Assistant City Manager Taylor Lough made a presentation updating Council on
the City’s Rental Registration Program.
Ordinance 838-2019 adopted on December 10, 2019 established 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.
5.Consent Items.
MOTION: Council Member Toten moved to approve consent items a. through h.
Council Member Herndon seconded. Motion carried 7-0.
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.)
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.
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.
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)
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.
Approval of the 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.
A RESOLUTION RELATED TO AN INTER-LOCAL AGREEMENT 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 AUTHORIZING THE EXECUTION AND
ADMINISTRATION OF SAID INTER-LOCAL AGREEMENTS.
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)
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 welcome addition to the
design.
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.
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 INSTALLED ON A FITNESS
COURT AT ANNA CROSSING PARK.
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)
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 requires four separate meetings and two
public hearings. These procedural steps are not substantive and are ministerial
in nature, and Bond Counsel recommended the two resolutions in January be
placed on the consent agendas for those two meetings.
Staff recommended 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.
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.
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.)
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.
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.
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.)
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.
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 UTILITY DISTRICT NUMBER 12, SUBJECT TO
APPROVAL AS TO LEGAL FORM BY THE CITY ATTORNEY, WITH AN
EFFECTIVE DATE.
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 (U.S. Highway 75), 484± feet
north of W. Outer Loop Road. (ANX 24-0004) (Director of Development Services,
Stephanie Scott-Sims, AICP)
One Community Church is seeking to develop the property in accordance with
companion items 6.b. and 6.c., which are a zoning and annexation request. This
Service Plan Agreement is a required component of the annexation process for
the proposed development and is required by state law prior to approval of
annexation.
MOTION: Mayor Pro Tem Carver moved to approve. Council Member Toten
seconded. Motion carried 7-0.
A RESOLUTION ADOPTING A CONDITIONAL AGREEMENT REGARDING
SERVICES RELATED TO ANNEXATION OF A 4.9± ACRE TRACT OF LAND
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)
One Community Church has submitted a petition to annex 4.9± acres of land and
is seeking to develop the property in accordance with companion item 6.c., which
is a zoning request. This is required prior to the zoning process for the proposed
development.
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 recommended 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 the residential uses
allowed by right within the SF-20 District or be rezoned to accommodate more
intense uses.
Mayor Cain opened the public hearing at 8:18 PM.
No public comments.
Mayor Cain closed the public hearing at 8:18 PM.
MOTION: Council Member Toten moved to approve. Council Member Herndon
seconded. Motion carried 7-0.
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.
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)
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 recommended 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.
Mayor Cain opened the public hearing at 8:19 PM.
No public comments.
Mayor Cain Closed the public hearing at 8:21 PM.
MOTION: Council Member Toten moved to approve. Council Member Bills
seconded. Motion carried 5-1-1. Mayor Pro Tem Carver abstained; Council
Member Miller opposed.
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.
(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)
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)
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 to 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)
DirectionLand 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.
The developer contacted staff prior to the meeting and requested to table this
item until the March 11, 2025 meeting.
Mayor Cain opened the public hearing at 8:30 PM.
Manny Singh, Marietta Schell, Steven Pierce, Jim Luscombe, Tony Bellefond,
Edward Culham, Terrell Culbertson, Stephen Smith, and Betty Sharp spoke in
opposition. Erin Massengale, and Heather Molsbee submitted forms in
opposition.
MOTION: Council Member Lee Miller moved to table item until the March 11,
2025, meeting and continue the public hearing. Council Member Baker
Seconded. Motion Carried 6-1. Council Member Toten opposed.
7.Closed Session (Exceptions).
Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to
discuss any items listed or referenced on this Agenda under the following exceptions:
MOTION: Council Member Herndon moved to enter closed session. Council
Member Miller seconded. Motion carried
Mayor Cain recessed the meeting at 9:37 PM.
Mayor Cain reconvened the meeting at 11:11 PM.
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.
Mayor Cain adjourned the meeting at 11:11 PM.
APPROVED this _____ day of _____________, 2025
____________________________________
Mayor Pete Cain
ATTEST:
_______________________________
City Secretary Carrie L. Land
Item No. 6.b.
City Council Agenda
Staff Report
Meeting Date: 2/11/2025
Staff Contact:
AGENDA ITEM:
Review Minutes of the November 25, 2024, Neighbor Engagement and Inclusion
Advisory Commission Meeting. (Assistant City Manager Taylor Lough)
SUMMARY:
FINANCIAL IMPACT:
BACKGROUND:
STRATEGIC CONNECTIONS:
ATTACHMENTS:
1. November 2024 Minutes Signed
Item No. 6.c.
City Council Agenda
Staff Report
Meeting Date: 2/11/2025
Staff Contact:
AGENDA ITEM:
Review Minutes of the October 28, 2024, Neighbor Engagement and Inclusion Advisory
Commission Meeting. (Assistant City Manager Taylor Lough)
SUMMARY:
FINANCIAL IMPACT:
BACKGROUND:
STRATEGIC CONNECTIONS:
ATTACHMENTS:
Item No. 6.d.
City Council Agenda
Staff Report
Meeting Date: 2/11/2025
Staff Contact: Muhamad Madhat
AGENDA ITEM:
Approve a Resolution authorizing the City Manager to execute a franchise utility
construction agreement with Grayson Collin Communication for the installation of fiber
optic infrastructure to the Hurricane Creek Regional Wastewater Treatment Plant (CIP
Manager Muhamad Madhat)
SUMMARY:
This item is for the approval of a construction agreement in the amount of $210,122.25
with Grayson Collin Communication to install fiber optic infrastructure to connect the
Hurricane Creek Regional Wastewater Treatment Plant with the City of Anna's Dark
Fiber internet system.
FINANCIAL IMPACT:
Funding for the Hurricane Creek Wastewater Treatment Plant project was appropriated
in the FY2023-FY2028 Community Investment Program budget in the amount of $66
million from the Combination Tax & Revenue Certificate of Obligation, Series 2022. The
estimated cost of this item is $210,122.25.
BACKGROUND:
The Hurricane Creek Regional Wastewater Treatment Plant project is a public
wwastewater system Capital Improvement Plan (CIP) project located on the north side
of County Road 286. The City Council awarded the construction of the project to Garney
Construction on November 14, 2023 via Resolution 2023-11-1570. The project is
currently under construction. Recently, the city has been in discussions with Grayson
Collin Communication regarding internet connectivity to access and monitor real-time
data from sensors throughout the facility, allowing for optimized operations, efficient
chemical dosing, early detection of potential issues and sending warnings to the person
in charge, compliance with environmental regulations, and overall improved treatment
effectiveness, all through automated systems that rely on an internet connection to
function properly. Staff recommends for the City Council to approve including the scope
and proposed cost of $210,122.25 into the project budget. This amount will cover the
proposed work.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Resilient.
ATTACHMENTS:
1. City of Anna Dark Fiber New Waste Water Plant
2. Resolution - Franchise Utility Agreement for Hurricane Creek WWTP with
Grayson Collin Communication
Date: 10-31-2024
Quote #: 0210312024
Expiration Date: 11-30-2024
Customer:
City of Anna
120 W 7th St.
Anna, TX 75409
Attn: Chris Talbot
MSA Number Account Tel #
972-924-3325
Qty NRC MRC
1
1
208,522.25$
1,600.00$
208,522.25$ 1,600.00$
Applicable State
and Federal Taxes
Applicable State
and Federal Taxes
208,522.25$ 1,600.00$
(Excludes any Taxes & Fees)
Quote
Waste Water Plant
33°19'06.3"N 96°36'50.9"W
Main Service Address:
PO Box 2119 Van Alstyne, TX 75495 903-482-7000
Thank you for your business!
2 Strands Dark Fiber from City Hall 120 W 7th St. TO
Description
Salesperson
Steve Mills
TOTAL
Parts Aerial Duct and Fiber - 16,597'
Fiber Construction Cost
ADD to Master Agreement# 01282019
120 Months
Payment Terms
Monthly
Waste Water Treatment Plant
33°19'06.3"N 96°36'50.9"W
Labor Hang & Pull Aerial - 16597'
Parts (3) Handholes
Pull fiber from Eastment to MDF
Labor Network Engineering
This is a quotation on the goods and services named, subject to the conditions noted below:
(Describe any conditions pertaining to these prices and any additional terms of the agreement.
You may want to include contingencies that will affect the quotation.)
To accept this quotation, sign here and return: _______________________________________________ Date: ______________________
Grayson Collin Communications _________________________________________________Date: _____________________
CITY OF ANNA, TEXAS
RESOLUTION NO. _______________
A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE
CITY MANAGER TO EXECUTE A FRANCHISE UTILITY AGREEMENT IN
THE AMOUNT NOT TO EXCEED TWO HUNDRED TEN THOUSAND, ONE
HUNDRED TWENTY-TWO DOLLARS AND TWENTY-FIVE CENTS
($210,122.25) TO GRAYSON COLLIN COMMUNICATIONS, TO PROVIDE
DARK FIBER INTERNET AT THE HURRICANE CREEK REGIONAL
WASTEWATER TREATMENT PLANT; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Hurricane Creek Regional Wastewater Treatment project is
identified as a Community Investment Program construction project in the
City of Anna; and,
WHEREAS, The project is currently under construction. The city has been in
discussions with Grayson Collin Communications regarding internet
connectivity to access and monitor real-time data from sensors throughout
the facility, allowing for optimized operations, efficient chemical dosing, early
detection of potential issues and send warnings to the person in charge,
compliance with environmental regulations, and overall improved treatment
effectiveness, all through automated systems that rely on an internet
connection to function properly.
WHEREAS, Grayson Collin Communications will install Dark Fiber internet to
connect to the Hurricane Creek Regional Wastewater Treatment Plant and;
WHEREAS, funding for the project, including the above packages, is
included in the adopted Fiscal Year 2023-24 Budget, as shown in the City of
Anna Capital Improvement Plan.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated
The recitals above are incorporated herein as if set forth in full for all
purposes.
Section 2. Authorization of Payment and Funding.
That the City Council of the City of Anna hereby authorizes the City Manager to
execute the Change Order in an amount not to exceed $210,122.25.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on
this ________ day of February 2025.
ATTEST: APPROVED:
City Secretary, Carrie Land Mayor, Pete Cain
Exhibit A
Item No. 6.e.
City Council Agenda
Staff Report
Meeting Date: 2/11/2025
Staff Contact: Jeff Freeth
AGENDA ITEM:
Approve a Resolution authorizing the City Manager to approve or disapprove a Special
Event Permit Application submitted by Pate Rehabilitation for a 5K Run and Wheelchair
Push on Saturday, March 29th, 2025 at Natural Springs Park. (Neighborhood Services
Director Marc Marchand)
SUMMARY:
Approve a Resolution authorizing the City Manager to approve or disapprove a Special
Event Permit Application submitted by Jennifer Garcia of Pate Rehabilitation for a 5K
Run and Wheelchair Push on Saturday, March 29th, 2025 at Natural Springs Park.
FINANCIAL IMPACT:
All necessary city resources and staffing costs will be reimbursed by the applicant.
BACKGROUND:
Jennifer Garcia of Pate Rehabilitation submitted a Special Event Permit Application on
December 17, 2024 to seek approval for a 5K Run and Wheelchair Push on Saturday,
March 29, 2025 at Natural Springs Park. The application was reviewed by staff at the
Interdepartmental Event Logistics Meeting on Wednesday, February 5. The application
was also reviewed by the Parks Advisory Board on Monday, February 10th.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Active.
ATTACHMENTS:
1. Resolution - Authorizing City Manager to Approve Pate Rehabilitation Special
Event Permit Application
2. Pate Rehabilitation Special Event Permit Application (3-29-2025)
CITY OF ANNA, TEXAS
RESOLUTION NO. _______________
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY
MANAGER TO APPROVE OR DISAPPROVE THE SPECIAL EVENT PERMIT
APPLICATION FROM PATE REHABILITATION FOR A 5K RUN AND WHEELCHAIR
PUSH ON SATURDAY, MARCH 29TH, 2025 AT NATURAL SPRINGS PARK.
WHEREAS, the City of Anna has received a Special Event Permit Application from Pate
Rehabilitation for a 5K Run and Wheelchair Push on Saturday, March 29th, 2025 at
Natural Springs Park; and,
WHEREAS, the application was reviewed by the Parks Advisory Board at the February
10, 2025 meeting; and,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
The City Council of the City of Anna, Texas, authorizes the City Manager to approve or
disapprove the Special Event Permit Application on behalf of the City of Anna, Texas.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___
day of February 2025.
ATTEST: APPROVED:
__________________________ __________________________
City Secretary, Carrie Land Mayor, Pete Cain
Item No. 7.a.
City Council Agenda
Staff Report
Meeting Date: 2/11/2025
Staff Contact: Bernie Parker
AGENDA ITEM:
Acting as the Anna Public Facility Corporation Board of Directors,
Consider/Discuss/Action on a Resolution authorizing and approving final transaction
and financing documents in connection with the acquisition, financing and construction
of the “Anna Apartments” to be located at 900 S Buddy Hayes Blvd in the City of Anna,
Texas. (Director of Economic Development Bernie Parker)
SUMMARY:
Anna Apartments (Meryl Street Holdco, LP) is a proposed 340-unit multifamily
development at the southeast corner of US Highway 75 and FM 455. This development
will boost density in the area and help attract additional retail and restaurants along US
Highway 75. The site is currently zoned for multifamily.
Board action is requested to approve the participation of the APFC entities in the
transaction described above, including to approve the final documents related to the
acquisition, lease, regulatory restrictions and financing of the project.
Representatives from Chapman and Cutler LLP, as legal counsel to the APFC and its
subsidiaries, Hilltop Securities Inc., as financial advisors to the APFC and its
subsidiaries, and NRP will be present to answer questions from the APFC Board.
FINANCIAL IMPACT:
The PFC will receive over $1 million in fees and payments in Year 1 and around $2
million over 15 years.
BACKGROUND:
APFC approved a memorandum of understanding (“MOU”) with NRP Lone Start
Development LLC (“NRP”) in September 2023, and the creation of subsidiary entities of
APFC to participate in the transaction to develop and construct an approximately 340-
unit multifamily development to be known as “Anna Apartments”. The project will be
subject to a regulatory agreement with APFC and will provide 10% of the residential
apartment units to individuals and families earning less than 60% of the area median
income, 40% of the apartments units to individuals and families earning less than 80%
of the area median income, and the remaining units will be unrestricted.
Under the PFC statute enacted in 2023, the Project was required to obtain an
independent underwriting assessment, which was provided by CBRE, Inc. As part of its
approval of the Project, the APFC Board is asked to determine in good faith that the
development of Anna Apartments would not be feasible without the involvement of the
APFC and the SLP. The PFC also complied with the statutory requirement to send
written notification to the local taxing units about the Project (i.e., the City of Anna, Collin
County, Collin County Community College District and Anna ISD).
Upon approval by the APFC Board, APFC Anna Apartments SLP, LLC, will serve as a
special limited partner (the “SLP”) to a limited partnership entity, Meryl Street Holdco,
LP (the “Partnership”) with a joint venture between NRP and Parse, as equity provider,
serving as the general partner. The Partnership will participate in the ownership of
Meryl Street LP, which will lease the project land and improvements to be constructed
from the SLP, which will own fee title to the same. The ownership structure with APFC
involvement is expected to qualify the project for a property tax exemption. Meryl Street
LP will operate the project, financed in part by equity funding and a construction loan
from Comerica Bank.
APFC Anna Apartments Contractor, LLC, a subsidiary of the APFC will serve as general
contractor for the project, which is expected to allow a sales tax exemption on materials
purchased for the construction of the project. An affiliate of NRP will serve as master
subcontract and complete the construction of the project. An affiliate of NRP will also
serve as property manager.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Vibrant.
ATTACHMENTS:
1. 25-02-03 Meryl Street - PFC Board Meeting Presentation (condensed 2)
2. Sole Member Resolution - Anna Apartments
CITY OF ANNA
PUBLIC FACILITY CORP.
February 11, 2025
SITE PLAN
PROJECT DATA:
•340 Units
•70% One Bed
•30% Two Bed
PROJECT SCHEDULE:
•Break Ground: Feb 2025
•Move-ins: Apr 2026
•Const. Complete: Nov 2026
RENDERING –EXTERIOR VIEW
DESIGN INSPIRATION
RENDERING –EXTERIOR VIEW
DESIGN INSPIRATION
AMENITIES – DESIGN CONCEPT
RESIDENTIAL UNITS
POOL COURTYARD
FIRE PITS & CORNHOLE
PING PONG & DINING
CABANA & DAYBEDS
DONATING LAND TO CITY - BUILDING PUBLIC PARK
2314144
ANNA PUBLIC FACILITY CORPORATION
The undersigned officer of Anna Public Facility Corporation (the “Sole Member”), sole
member of (i) APFC Anna Apartments SLP, LLC (the “Special Limited Partner”) and (ii) APFC
Anna Apartments Contractor, LLC (the “Contractor”), hereby certifies that he is the duly elected
qualified and acting President of the Sole Member, and hereby certifies that true, correct and
complete copies of certain resolutions adopted by the Board of Directors of the Sole Member at
its February 11, 2025 meeting are attached hereto (the “Resolutions”). The Resolutions have not
been amended or revoked and are now in full force and effect.
Dated: February 11, 2025
By ____________________________________
Stan Carver II
President
2314144
ANNA PUBLIC FACILITY CORPORATION
RESOLUTION OF THE SOLE MEMBER OF
APFC ANNA APARTMENTS SLP, LLC
February 11, 2025
ANNA PUBLIC FACILITY CORPORATION, a nonprofit public facility corporation duly
organized and validly existing under the laws of the State of Texas (the “Sole Member”), the sole
member of (i) APFC ANNA APARTMENTS SLP, LLC (the “Special Limited Partner”), the incoming
special limited partner of MERYL STREET HOLDCO, LP, a Delaware limited partnership (the
“Partnership”) and (ii) APFC ANNA APARTMENTS CONTRACTOR, LLC (the “Contractor”) hereby
adopts the following resolutions:
1. SOLE MEMBER PARTICIPATION
WHEREAS, the Sole Member, is the sole member of the Special Limited Partner;
WHEREAS, Stan Carver II, an individual, is the President of the Sole Member (the
“President”);
WHEREAS, the Board of Directors of the Sole Member (the “Board”), after reviewing the
underwriting assessment provided by CBRE, Inc., has determined in good faith that the
construction, development and operation of a 340-unit multifamily project to be located in the City
of Anna, Texas and to be known as “Anna Apartments” (also known as “Meryl Street
Apartments”) (the “Apartment Complex”) would not be feasible without the participation of the
Sole Member and Special Limited Partner; and
WHEREAS, on January 7, 2025, written notice of the Apartment Complex was sent to the
presiding officer of the governing body of each taxing unit in which the Apartment Complex will
be located.
RESOLVED, that the Board has determined in good faith that the construction, development
and operation of the Apartment Complex would not be feasible without the participation of the
Sole Member and Special Limited Partner.
2. LEASE OF REAL PROPERTY
WHEREAS, in connection with its contemplated participation in the construction,
development and operation of the Apartment Complex, the Special Limited Partner, in its capacity
as landlord, will acquire certain real property located in Anna, Texas (the “Real Property” and
together with the Apartment Complex, the “Project”); and
WHEREAS, the Special Limited Partner will enter into (a) a Lease Agreement (the “Lease
Agreement”) with the Partnership pursuant to which the Special Limited Partner will lease the
Project to the Meryl Street LP, a Delaware limited partnership, a subsidiary of the Partnership (the
2
“Operator”) for a 99-year term; and (b) various documents as may be required in connection
therewith ((a) and (b) collectively, the “Lease Documents”).
RESOLVED, that the prior actions of the President (or any officer of the Sole Member),
acting on behalf of the Sole Member, acting on behalf of the Special Limited Partner, with respect
to the lease of the Real Property, including but not limited to the execution of the Lease Agreement,
are hereby ratified and approved.
FURTHER RESOLVED, that (a) the Special Limited Partner, acting on its own behalf, is hereby
authorized to execute and deliver the Lease Documents and to do all things necessary or desirable
to facilitate the lease of the Project and the construction, development and operation of the
Apartment Complex thereon; (c) the Sole Member, acting on behalf of the Special Limited Partner
is hereby authorized to execute and deliver the Lease Documents and to do all things necessary or
desirable to facilitate the lease of the Project and the construction, development and operation of
the Apartment Complex thereon; and (d) the President (or any officer of the Sole Member), acting
on behalf of the Sole Member, acting on behalf of the Special Limited Partner is hereby
individually authorized to (i) execute and deliver the Lease Documents, with such changes as the
President in his discretion believes to be necessary or desirable, and such other documents and
instruments in connection therewith as may be necessary or desirable and (ii) do all things
necessary or desirable to facilitate the lease of the Real Property and the construction, development
and operation of the Apartment Complex thereon.
3. REGULATORY AGREEMENT
WHEREAS, the Operator will enter into a regulatory agreement (the “Regulatory
Agreement”) with the Sole Member, which Regulatory Agreement shall set forth the requirements
necessary for the Project to comply with the Texas Public Facility Corporation Act, Chapter 303,
Texas Local Government Code, and certain other restrictions required by the Sole Member
(collectively, the “Restrictions”), such Restrictions being within the control of the Operator.
RESOLVED, that the Sole Member, acting on its own behalf is hereby authorized to execute
and deliver the Regulatory Agreement and do all things necessary and desirable in connection
therewith; and the President (or any other officer of the Sole Member), acting on behalf of the Sole
Member, is hereby authorized to execute and deliver the Regulatory Agreement, with such changes
as the President (or any other officer of the Member) in such person’s discretion believes to be
necessary or desirable, and do all things, including to execute and deliver such other documents
and instruments in connection therewith as may be necessary or desirable.
4. PARTNERSHIP DOCUMENTATION
WHEREAS, in connection with its admission to the Partnership, the Special Limited Partner
will enter into (a) a Limited Partnership Agreement (the “Partnership Agreement”) between
Special Limited Partner, as special limited partner, and Meryl Street JV, LLC, a Delaware limited
liability company, as general partner; and (b) various documents as may be required in connection
with such Partnership admission (collectively, the “Partnership Documents”).
3
RESOLVED, that (a) the Special Limited Partner, acting on its own behalf, is authorized to
execute and deliver the Partnership Documents and do all things necessary and desirable to
facilitate the admission to the Partnership; (b) the Sole Member, acting on behalf of the Special
Limited Partner, acting on its own behalf, is hereby authorized to execute and deliver the
Partnership Documents and do all things necessary to facilitate the admission to the Partnership;
and (c) the President (or any officer of the Sole Member), acting on behalf of the Sole Member,
acting on behalf of the Special Limited Partner is hereby individually authorized to (i) execute and
deliver the Partnership Documents, with such changes as the President in his discretion believes
to be necessary or desirable, and such other documents and instruments in connection therewith as
may be necessary or desirable and (ii) do all things necessary or desirable to facilitate the admission
to the Partnership and perform the obligations thereunder.
5. CONSTRUCTION CONTRACT
WHEREAS, the Contractor will serve as general contractor in connection with the
construction and development of the Apartment Complex; and
WHEREAS, in connection with such role, the Contractor will enter into that certain AIA
Document A102-2017 Standard Form of Agreement Between Owner and Contractor with the
Operator (the “Construction Contract”) and a Master Subcontract Agreement with NRP
Contractors II, LLC (the “Master Subcontract”).
RESOLVED, that the President (or any officer of the Sole Member), is hereby individually
authorized to (i) execute and deliver the Construction Contract and the Master Subcontract, with
such changes as the President in his discretion believes to be necessary or desirable, and such other
documents and instruments in connection therewith as may be necessary or desirable and (ii) do
all things necessary or desirable to cause the Sole Member to perform the Sole Member’s
obligations thereunder.
6. LOAN DOCUMENTATION
WHEREAS, it is anticipated that the Operator will obtain a mortgage loan from Comerica
Bank, a Texas banking association, as administrative agent under the loan agreement (the “Loan
Agreement”) evidencing such loan (in such capacity, “Agent”) and the lenders from time to time
party to the Loan Agreement (the “Lenders” and together with the Agent, the “Construction
Lenders”) in connection with the construction and development of the Apartment Complex (the
“Loan”); and
WHEREAS, in connection with the Loan, the Operator will execute one or more promissory
notes (the “Notes”) payable to the Lender; and
WHEREAS, in connection with the Operator’s obligations under the Notes, the Special
Limited Partner and/or the Contractor will execute, for the benefit of the Lender, a Leasehold Deed
of Trust, Assignment of Leases and Rents, Security Agreement, and Fixture Filing, a Contractor’s
Consent, Agreement and Certification, an Acknowledgement Agreement (APFC Lease), and
4
certain other documents evidencing, governing and/or securing the Operator’s obligations under
the Notes (collectively, together with the Notes, the “Loan Documents”).
RESOLVED, that (a) the Special Limited Partner, acting on its own behalf, is hereby
authorized to execute and deliver the Loan Documents and do all things necessary to facilitate the
Loan; (b) the Contractor, acting on its own behalf, is hereby authorized to execute and deliver the
Loan Documents and do all things necessary to facilitate the Loan; (c) the Sole Member, acting on
its own behalf or on behalf of the Special Limited Partner and/or the Contractor, acting on its own
behalf, is hereby authorized to execute and deliver the Loan Documents and do all things necessary
to facilitate the Loan; and (d) the President (or any other officer of the Sole Member), acting on
behalf of the Sole Member, acting on its own behalf or on behalf of the Special Limited Partner
and/or the Contractor, acting on its own behalf, is hereby authorized to (i) execute and deliver the
Loan Documents, with such changes as the President in his discretion believe to be necessary or
desirable, and such other documents and instruments in connection therewith as may be necessary
or desirable and (ii) do all things necessary or desirable to cause the Partnership to obtain the Loan.
7. AUTHORIZATION/RATIFICATION
RESOLVED, that the President (or any officer of the Sole Member), acting on behalf of the
Sole Member, acting on its own behalf or on behalf of the Special Limited Partner and/or the
Contractor, acting on its own behalf, is individually authorized to (a) sign, certify to, acknowledge,
deliver, accept, file, and record any and all instruments, resolutions and documents, and (b) take,
or cause to be taken, any and all such action, in the name and on behalf of the Sole Member, the
Special Limited Partner and the Contractor, as such person shall deem to be necessary, desirable,
or appropriate in order to effect the purposes of the foregoing resolutions.
FURTHER RESOLVED, that any and all action taken by the President (or any officer of the
Sole Member), acting on behalf of the Sole Member, acting on behalf of the Special Limited
Partner, acting on its own behalf, prior to the date this consent is actually executed in effecting the
purposes of the foregoing resolutions is hereby approved, ratified, and adopted in all respects.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Item No. 7.b.
City Council Agenda
Staff Report
Meeting Date: 2/11/2025
Staff Contact:
AGENDA ITEM:
Conduct a Public Hearing regarding the dissolution of the Crystal Park Public Improvement District in
accordance with Chapter 372 of the Texas Local Government Code. (Economic Development
Director Bernie Parker)
SUMMARY:
Item is to conduct a public hearing to dissolve the Crystal Park Public Improvement District in
accordance with Chapter 372 of the Texas Local Government Code.
FINANCIAL IMPACT:
This item has no financial impact with regards to this agenda item.
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:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Excellent.
ATTACHMENTS:
Item No. 7.c.
City Council Agenda
Staff Report
Meeting Date: 2/11/2025
Staff Contact:
AGENDA ITEM:
Consider/Discuss/Action on the adoption of a Resolution of the City of Anna, Texas
Dissolving the Crystal Park Public Improvement District in Accordance with Chapter 372
of the Texas Local Government Code; Providing for Related Matters; and Providing an
Effective Date (Economic Development Director Bernie Parker)
SUMMARY:
The item before the City Council is a resolution dissolving the Crystal Park Public
Improvement District.
FINANCIAL IMPACT:
This item has no financial impact.
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:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Excellent.
ATTACHMENTS:
1. Resolution Dissolving Crystal Park PID v2
CITY OF ANNA, TEXAS
RESOLUTION NO. 2025-02-____R
A RESOLUTION OF THE CITY OF ANNA, TEXAS DISSOLVING THE
CRYSTAL PARK PUBLIC IMPROVEMENT DISTRICT IN ACCORDANCE
WITH CHAPTER 372 OF THE TEXAS LOCAL GOVERNMENT CODE;
PROVIDING FOR RELATED MATTERS; AND PROVIDING AN EFFECTIVE
DATE.
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 its extraterritorial jurisdiction (the “ETJ”); and
WHEREAS, on April 12, 2022, the City Council of the City (the “City Council”), after public
hearing, authorized the creation of the Crystal Park Public Improvement District (the “District”)
pursuant to Resolution No. 22-04-1139, which District is described by metes and bounds and depicted
on Exhibit A, located within the corporate limits or ETJ of the City; and
WHEREAS, on December 6, 2024, Bloomfield Homes, L.P. (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,
submitted and filed with the City Secretary of Anna (the “City Secretary”) a certain Petition for the
Dissolution of the Crystal Park Public Improvement District (“Petition”), attached as Exhibit B,
requesting the dissolution of the District; and
WHEREAS, the City Council investigated and determined that the facts contained in the
Petition are true and correct; and
WHEREAS, after publishing notice in a newspaper of general circulation in the City in which
the district is located, and mailing notice of the hearing, all as required by and in conformity with the
Act, the City Council, conducted a public hearing on the advisability of dissolving the District on
February 11, 2025; and
WHEREAS, the City Council closed the public hearing on the advisability of dissolving the
District on February 11, 2025; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
Section 1: The findings set forth in the recitals of this Resolution are found to be true and
correct.
Section 2: The Petition submitted to Anna by the Petitioner was filed with the City Secretary
and complies with Section 372.005 of the Act.
Section 3: Pursuant to the requirements of the Act, including, without limitation, Sections
372.009, and 372.011, the City Council of Anna, after considering the Petition and evidence and
testimony presented at the public hearing on February 11, 2025, hereby finds and declares that the
Crystal Park Public Improvement District, which was created by Resolution No. Resolution No. 22-04-
1139 on April 12, 2022, is dissolved for all purposes.
Section 4: This Resolution shall take effect immediately from and after its passage and
publication as required by law.
PASSED AND APPROVED ON THIS 11TH DAY OF FEBRUARY, 2025.
ATTEST: APPROVED:
____________________________________ _________________________________
Carrie Land, City Secretary Pete Cain, Mayor
EXHIBIT A
Metes and Bounds of the Crystal Park Public Improvement District
(See attached)
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
BEING A 390.452 ACRE TRACT OF LAND SITUATED IN THE R. JOHNSON SURVEY,
ABSTRACT NO. 479, THE W. KITCHINGS SURVEY, ABSTRACT NO. 504, THE T.
RATTAN SURVEY, ABSTRACT NO. 782, 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 AND
THE J. KINCADE SURVEY, ABSTRACT NO. 510, CITY OF ANNA, COLLIN COUNTY,
TEXAS, AND BEING PART OF A 148.68 ACRE TRACT OF LAND, CONVEYED TO F.A.
MILLER, AS RECORDED IN COUNTY CLERK’S FILE NO. 19960321000231110,
OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS, A 244.135 ACRE TRACT OF
LAND CONVEYED TO FREDERICK ALEXANDER MILLER (18.6%), VIRGIL WREN
MILLER (18.6%), MAQUIN JAN KUNKLE (18.6%), JEFFEREY WAYNE ROLLINS
(22.1%), AND REBECCA LORRAINE BONA (22.1%), AS RECORDED IN VOLUME
5086, PAGE 1760, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS. SAID
390.452 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 A TxDOT HIGHWAY MONUMENT WITH ALUMINUM DISC FOUND
FOR THE SOUTHEAST CORNER OF SAID 148.68 ACRE TRACT AND THE COMMON
NORTHEAST CORNER OF COFFMAN CEMETERY, (NO RECORD DOCUMENT
FOUND). SAID POINT BEING ON THE WEST RIGHT-OF-WAY LINE OF U.S.
HIGHWAY NO. 75, (A VARIABLE WIDTH RIGHT-OF-WAY);
THENCE, ALONG THE COMMON LINES OF SAID 148.68 ACRE TRACT AND SAID
COFFMAN CEMETERY, THE FOLLOWING COURSES AND DISTANCES:
NORTH 89 DEGREES 48 MINUTES 27 SECONDS WEST, A DISTANCE OF
322.00 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR AN INTERIOR ELL CORNER OF SAID 148.68
ACRE TRACT AND THE COMMON NORTHWEST CORNER OF SAID
CEMETERY;
SOUTH 01 DEGREE 32 MINUTES 33 SECONDS WEST, A DISTANCE OF 93.00
FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA
SURVEYING" SET FOR AN EXTERIOR ELL CORNER OF SAID 148.68 ACRE
TRACT. SAID POINT BEING ON THE NORTH LINE OF A 97.682 ACRE TRACT
OF LAND CONVEYED TO RATTAN PROPERTIES, LTD., AS RECORDED IN
VOLUME 4820, PAGE 2729, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY,
TEXAS AND BEING WITHIN COUNTY ROAD NO. 284, (A PRESCRIPTIVE
RIGHT-OF-WAY, BY USE AND OCCUPATION);
THENCE, NORTH 88 DEGREES 35 MINUTES 24 SECONDS WEST, ALONG THE
SOUTH LINE OF SAID 148.68 ACRE TRACT AND THE COMMON NORTH LINE OF
SAID 97.682 ACRE TRACT, WITH SAID COUNTY ROAD NO. 284, A DISTANCE OF
1509.22 FEET TO A 1/2" IRON ROD FOUND FOR AN EXTERIOR ELL CORNER OF
SAID 148.68 ACRE TRACT AND THE COMMON SOUTHEAST CORNER OF A TRACT
OF LAND CONVEYED TO JOHN RATTAN AND SUE RATTAN, (NO RECORD
DOCUMENT FOUND);
THENCE, ALONG THE COMMON LINES OF SAID 148.68 ACRE TRACT AND SAID
RATTAN TRACT, THE FOLLOWING COURSES AND DISTANCES:
NORTH 18 DEGREES 15 MINUTES 04 SECONDS EAST, A DISTANCE OF
800.08 FEET TO A 1/2" IRON ROD FOUND FOR AN INTERIOR ELL CORNER
OF SAID 148.68 ACRE TRACT AND THE COMMON NORTHEAST CORNER OF
SAID RATTAN TRACT;
NORTH 78 DEGREES 24 MINUTES 56 SECONDS WEST, A DISTANCE OF
700.67 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR AN EXTERIOR ELL CORNER OF SAID 148.68
ACRE TRACT AND THE COMMON NORTHWEST CORNER OF SAID RATTAN
TRACT. SAID POINT BEING ON THE EAST LINE OF AFORESAID 244.135
ACRE TRACT AND BEING WITHIN COUNTY ROAD NO. 286, (A PRESCRIPTIVE
RIGHT-OF-WAY, BY USE AND OCCUPATION);
THENCE, ALONG SAID COMMON LINES OF SAID 244.135 ACRE TRACT AND THE
WEST LINE OF A 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
362.07 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR CORNER;
SOUTH 05 DEGREES 43 MINUTES 05 SECONDS WEST, A DISTANCE OF
496.57 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR THE SOUTHWEST CORNER OF SAID RATTAN
TRACT AND A COMMON NORTHWEST CORNER OF A 97.682 ACRE TRACT
OF LAND CONVEYED TO RATTAN PROPERTIES, LTD, AS RECORDED IN
VOLUME 4820, PAGE 2729, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY,
TEXAS;
THENCE, SOUTH 01 DEGREE 13 MINUTES 34 SECONDS WEST, ALONG THE EAST
LINE OF SAID 244.135 ACRE TRACT AND THE COMMON WEST LINE OF SAID 97.682
ACRE TRACT, WITH SAID COUNTY ROAD NO. 286, A DISTANCE OF 484.11 FEET TO
A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET
FOR THE SOUTHEAST CORNER OF SAID 244.135 ACRE TRACT AND THE COMMON
NORTHEAST CORNER OF A 140.00 ACRE TRACT OF LAND CONVEYED TO JOHN
ANDREW ADAMS AND LESLIE JANE BOX, AS RECORDED IN VOLUME 5389, PAGE
3671, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS;
THENCE, SOUTH 87 DEGREES 14 MINUTES 28 SECONDS WEST, ALONG THE
SOUTH LINE OF SAID 244.135 ACRE TRACT AND THE COMMON NORTH LINE OF
SAID 140.00 ACRE TRACT, A DISTANCE OF 3215.64 FEET TO A 60D NAIL FOUND
FOR THE SOUTHWEST CORNER OF SAID 244.135 ACRE TRACT AND A COMMON
EXTERIOR ELL CORNER OF SAID 140.00 ACRE TRACT. SAID POINT BEING ON
THE 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;
THENCE, ALONG THE COMMON LINES OF SAID 244.135 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
119.99 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
244.135 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
244.135 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;
THENCE, ALONG THE WEST LINE OF SAID 244.135 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 244.135 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 A 1/2" IRON FOUND FOR THE NORTH CORNER OF SAID 244.135 ACRE
TRACT AND THE COMMON SOUTHWEST CORNER OF A 5.765 ACRE TRACT OF
LAND CONVEYED TO SUNLIT HOLDING, LLC, AS RECORDED IN COUNTY CLERK’S
FILE NO. 20190221000181710, 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
SUNLIT HOLDING, LLC, AS RECORDED IN COUNTY CLERK’S FILE NO.
20180925001201240, 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 244.135 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;
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 244.135 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;
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;
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 73.51
FEET TO A 1/2" IRON ROD FOUND FOR THE SOUTHEAST CORNER OF SAID
101.118 ACRE TRACT AND THE WEST CORNER OF AFORESAID 148.68 ACRE
TRACT;
THENCE, ALONG THE COMMON LINES OF SAID 148.68 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
387.15 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR CORNER;
NORTH 25 DEGREES 22 MINUTES 03 SECONDS EAST, A DISTANCE OF
293.24 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR CORNER;
NORTH 24 DEGREES 23 MINUTES 10 SECONDS EAST, A DISTANCE OF
419.41 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR THE NORTHWEST CORNER OF SAID 148.68
ACRE TRACT AND THE COMMON NORTHEAST CORNER OF SAID 101.118
ACRE TRACT. SAID POINT BEING ON THE SOUTH LINE OF A 41.531 ACRE
TRACT OF LAND CONVEYED AS “TRACT NO. 2” TO WBK PARTNERS, LTD.,
AS RECORDED IN COUNTY CLERK’S FILE NO. 98-126145, OFFICIAL PUBLIC
RECORDS, COLLIN COUNTY, TEXAS;
THENCE, SOUTH 69 DEGREES 20 MINUTES 00 SECONDS EAST, ALONG THE
NORTHEAST LINE OF SAID 148.68 ACRE TRACT AND THE COMMON SOUTHWEST
LINE OF SAID 41.531 ACRE TRACT, A DISTANCE OF 1130.40 FEET TO A 5/8" IRON
ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR AN
EXTERIOR ELL CORNER OF SAID 148.68 ACRE TRACT AND THE COMMON
NORTHWEST CORNER OF A 33 ACRE TRACT OF LAND CONVEYED TO MIXON
REALITY CO., AS RECORDED IN COUNTY CLERK’S FILE NO. 20110407000364750,
OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS. SAID POINT BEING IN THE
APPROXIMATE CENTER LINE OF AFORESAID COUNTY ROAD NO. 286;
THENCE, ALONG THE COMMON LINES OF SAID 148.68 ACRE TRACT AND SAID 33
ACRE TRACT, WITH SAID COUNTY ROAD NO. 286, THE FOLLOWING COURSES
AND DISTANCES:
SOUTH 32 DEGREES 23 MINUTES 30 SECONDS WEST, A DISTANCE OF
148.50 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR CORNER;
SOUTH 16 DEGREES 40 MINUTES 30 SECONDS WEST, A DISTANCE OF
597.04 FEET TO A 1/2" IRON ROD FOUND FOR AN INTERIOR ELL CORNER
OF SAID 148.68 ACRE TRACT AND THE COMMON SOUTHWEST CORNER OF
SAID 33 ACRE TRACT;
SOUTH 63 DEGREES 20 MINUTES 08 SECONDS EAST, DEPARTING SAID COUNTY
ROAD NO. 286, A DISTANCE OF 1552.52 FEET TO A TxDOT MONUMENT WITH
ALUMINUM DISC FOUND FOR THE NORTHEAST CORNER OF SAID 148.68 ACRE
TRACT. SAID POINT BEING ON THE WEST RIGHT-OF-WAY LINE OF AFORESAID
U.S. HIGHWAY NO. 75, FROM WHICH A TxDOT MONUMENT WITH BRASS DISC
FOUND BEARS NORTH 00 DEGREES 38 MINUTES 39 SECONDS WEST, A
DISTANCE OF 12.19 FEET;
THENCE, ALONG THE EAST LINE OF SAID 148.68 ACRE TRACT AND SAID
COMMON WEST RIGHT-OF-WAY LINE, THE FOLLOWING COURSES AND
DISTANCES:
SOUTH 00 DEGREES 10 MINUTES 25 SECONDS EAST, A DISTANCE OF
150.17 FEET TO A TxDOT MONUMENT WITH BRASS DISC FOUND FOR
CORNER;
SOUTH 07 DEGREES 36 MINUTES 36 SECONDS WEST, A DISTANCE OF
500.39 FEET TO A TxDOT MONUMENT WITH BRASS DISC FOUND FOR
CORNER;
SOUTH 09 DEGREES 37 MINUTES 12 SECONDS WEST, A DISTANCE OF
400.10 FEET TO A TxDOT MONUMENT WITH BRASS DISC FOUND FOR
CORNER;
SOUTH 06 DEGREES 39 MINUTES 30 SECONDS WEST, A DISTANCE OF 696.34
FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF
17,008,076 SQUARE FEET OR 390.452 ACRES OF LAND.
LESS AND EXCEPT:
TRACT 1: 30.000 ACRES
BEING A 30.000 ACRE TRACT OF LAND SITUATED IN THE R. JOHNSON SURVEY,
ABSTRACT NO. 479, THE W. KITCHINGS SURVEY, ABSTRACT NO. 504 AND THE T.
RATTAN SURVEY ABSTRACT NO. 782, CITY OF ANNA, COLLIN COUNTY, TEXAS,
AND BEING PART OF A 148.68 ACRE TRACT OF LAND, CONVEYED TO F.A. MILLER,
AS RECORDED IN COUNTY CLERK’S FILE NO. 19960321000231110, OFFICIAL
PUBLIC RECORDS, COLLIN COUNTY, TEXAS. SAID 30.000 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 A TxDOT HIGHWAY MONUMENT WITH ALUMINUM DISC FOUND
FOR THE SOUTHEAST CORNER OF SAID 148.68 ACRE TRACT AND THE COMMON
NORTHEAST CORNER OF COFFMAN CEMETERY, (NO RECORD DOCUMENT
FOUND). SAID POINT BEING ON THE WEST RIGHT-OF-WAY LINE OF U.S.
HIGHWAY NO. 75, (A VARIABLE WIDTH RIGHT-OF-WAY);
THENCE, ALONG THE COMMON LINES OF SAID 148.68 ACRE TRACT AND SAID
COFFMAN CEMETERY, THE FOLLOWING COURSES AND DISTANCES:
NORTH 89 DEGREES 48 MINUTES 27 SECONDS WEST, A DISTANCE OF
322.00 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED
"LJA SURVEYING" SET FOR AN INTERIOR ELL CORNER OF SAID 148.68
ACRE TRACT AND THE COMMON NORTHWEST CORNER OF SAID
CEMETERY;
SOUTH 01 DEGREE 32 MINUTES 33 SECONDS WEST, A DISTANCE OF 93.00
FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA
SURVEYING" SET FOR AN EXTERIOR ELL CORNER OF SAID 148.68 ACRE
TRACT. SAID POINT BEING ON THE NORTH LINE OF A 97.682 ACRE TRACT
OF LAND CONVEYED TO RATTAN PROPERTIES, LTD., AS RECORDED IN
VOLUME 4820, PAGE 2729, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY,
TEXAS AND BEING WITHIN COUNTY ROAD NO. 284, (A PRESCRIPTIVE
RIGHT-OF-WAY, BY USE AND OCCUPATION);
THENCE, NORTH 88 DEGREES 35 MINUTES 24 SECONDS WEST, ALONG THE
SOUTH LINE OF SAID 148.68 ACRE TRACT AND THE COMMON NORTH LINE OF
SAID 97.682 ACRE TRACT, WITH SAID COUNTY ROAD NO. 284, A DISTANCE OF
470.36 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA
SURVEYING" SET FOR CORNER;
THENCE, NORTH 13 DEGREES 05 MINUTES 58 SECONDS EAST, OVER AND
ACROSS SAID 148.68 ACRE TRACT, A DISTANCE OF 2131.68 FEET TO A 5/8" IRON
ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER
ON THE NORTH LINE OF SAID 148.68 ACRE TRACT AND THE COMMON SOUTH
LINE OF A 33 ACRE TRACT OF LAND CONVEYED TO MIXON REALITY CO., AS
RECORDED IN COUNTY CLERK’S FILE NO. 20110407000364750, OFFICIAL PUBLIC
RECORDS, COLLIN COUNTY, TEXAS;
THENCE, SOUTH 63 DEGREES 20 MINUTES 08 SECONDS EAST, ALONG SAID
COMMON LINE, A DISTANCE OF 587.47 FEET TO A TxDOT MONUMENT WITH
ALUMINUM DISC FOUND FOR THE NORTHEAST CORNER OF SAID 148.68 ACRE
TRACT. SAID POINT BEING ON THE WEST RIGHT-OF-WAY LINE OF AFORESAID
U.S. HIGHWAY NO. 75, FROM WHICH A TxDOT MONUMENT WITH BRASS DISC
FOUND BEARS NORTH 00 DEGREES 38 MINUTES 39 SECONDS WEST, A
DISTANCE OF 12.19 FEET;
THENCE, ALONG THE EAST LINE OF SAID 148.68 ACRE TRACT AND SAID
COMMON WEST RIGHT-OF-WAY LINE, THE FOLLOWING COURSES AND
DISTANCES:
SOUTH 00 DEGREES 10 MINUTES 25 SECONDS EAST, A DISTANCE OF
150.17 FEET TO A TxDOT MONUMENT WITH BRASS DISC FOUND FOR
CORNER;
SOUTH 07 DEGREES 36 MINUTES 36 SECONDS WEST, A DISTANCE OF
500.39 FEET TO A TxDOT MONUMENT WITH BRASS DISC FOUND FOR
CORNER;
SOUTH 09 DEGREES 37 MINUTES 12 SECONDS WEST, A DISTANCE OF
400.10 FEET TO A TxDOT MONUMENT WITH BRASS DISC FOUND FOR
CORNER;
SOUTH 06 DEGREES 39 MINUTES 30 SECONDS WEST, A DISTANCE OF
696.34 FEET TO THE POINT OF BEGINNING AND CONTAINING A
CALCULATED AREA OF 1,306,800 SQUARE FEET OR 30.000 ACRES OF
LAND.
EXHIBIT B
Petition for The Dissolution of Crystal Park Public Improvement District
(See attached)
1
PETITION FOR THE DISSOLUTION OF THE
CRYSTAL PARK PUBLIC IMPROVEMENT DISTRICT
This petition (the “Petition”) is submitted and filed with the City Secretary of the City of
Anna, Texas (the “City”), by Bloomfield Homes, L.P., a Texas limited partnership (the “Owner”),
acting pursuant to the provisions of Chapter 372, Texas Local Government Code, as amended (the
“Act”), hereby requesting that the City conduct a public hearing regarding this Petition, pursuant
to Section 372.011 of the Act, to consider dissolving the Crystal Park Public Improvement District
(the “District”). In support of this Petition, the Owner presents the following:
I.
The District was created by Resolution No. 2022-04-1139 adopted by the City Council of
the City on April 12, 2022. The property comprising the District (the “Property”) is more
particularly described in Exhibit A of which is attached hereto and are incorporated by reference
herein.
II.
The purposes of the District include the design, acquisition, construction, and improvement
of public improvement projects authorized by Section 372.003(b) of the Act that are necessary for
the development of the property within the District, which public improvements may include: (i)
street, roadway and sidewalk improvements, including related drainage, utility relocation,
signalization, landscaping, lighting, signage, off-street parking and right-of-way; (ii) drainage
improvements and facilities; (iii) parks, trails and recreational facilities improvements; (iv)
projects similar to those listed above authorized by the Act, including similar off-site projects that
provide a benefit to the Property within the District; (v) acquisition of real property, interests in
real property, or contract rights in connection with each Authorized Improvement; (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) payment of costs associated with operating and
maintaining the public improvements listed in (i) through (v) above; (viii) payment of costs of
establishing, administering, and operating the District, as well as the interest, costs of issuance,
reserve funds, or credit enhancement of bonds issued for the purposes described in (i) through
(viii) above (collectively, the “Authorized Improvements”). These Authorized Improvements shall
promote the interests of the City and confer a special benefit upon the Property within the District.
III.
The estimated cost to design, acquire, and construct the Authorized Improvements,
together with bond issuance costs (including but not limited to the funding of any capitalized
interest and reserve funds), eligible legal and financial fees, eligible credit enhancement costs and
eligible costs incurred in the establishment administration and operation of the District, is
$50,000,000.00. The City will pay none of the costs of the proposed improvements from funds
other than such assessments. The remaining costs of the proposed improvements will be paid from
sources other than the City or assessments of property owners.
141175718v.1
2
IV.
As of the date of this Petition, the Authorized Improvements have not been completed and
the purposes for which the District was created have been frustrated.
V.
This Petition has been signed by (1) the owners of 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 owners of real property liable for assessment under the proposal who: (A) constitute
more than 50 percent of all record owners of property that is liable for assessment under the
proposal; or (B) own 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.
[Signature page follows]
1
EXHIBIT A
LEGAL DESCRIPTION
BEING A 390.452 ACRE TRACT OF LAND SITUATED IN THE R. JOHNSON SURVEY,
ABSTRACT NO. 479, THE W. KITCHINGS SURVEY, ABSTRACT NO. 504, THE T. RATTAN
SURVEY, ABSTRACT NO. 782, 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 AND THE J. KINCADE SURVEY,
ABSTRACT NO. 510, CITY OF ANNA, COLLIN COUNTY, TEXAS, AND BEING PART OF A
148.68 ACRE TRACT OF LAND, CONVEYED TO F.A. MILLER, AS RECORDED IN COUNTY
CLERK’S FILE NO. 19960321000231110, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY,
TEXAS, A 244.135 ACRE TRACT OF LAND CONVEYED TO FREDERICK ALEXANDER
MILLER (18.6%), VIRGIL WREN MILLER (18.6%), MAQUIN JAN KUNKLE (18.6%),
JEFFEREY WAYNE ROLLINS (22.1%), AND REBECCA LORRAINE BONA (22.1%), AS
RECORDED IN VOLUME 5086, PAGE 1760, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY,
TEXAS. SAID 390.452 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 A TxDOT HIGHWAY MONUMENT WITH ALUMINUM DISC FOUND FOR
THE SOUTHEAST CORNER OF SAID 148.68 ACRE TRACT AND THE COMMON NORTHEAST
CORNER OF COFFMAN CEMETERY, (NO RECORD DOCUMENT FOUND). SAID POINT
BEING ON THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 75, (A VARIABLE
WIDTH RIGHT-OF-WAY);
THENCE, ALONG THE COMMON LINES OF SAID 148.68 ACRE TRACT AND SAID
COFFMAN CEMETERY, THE FOLLOWING COURSES AND DISTANCES:
NORTH 89 DEGREES 48 MINUTES 27 SECONDS WEST, A DISTANCE OF 322.00 FEET
TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING"
SET FOR AN INTERIOR ELL CORNER OF SAID 148.68 ACRE TRACT AND THE
COMMON NORTHWEST CORNER OF SAID CEMETERY;
SOUTH 01 DEGREE 32 MINUTES 33 SECONDS WEST, A DISTANCE OF 93.00 FEET TO
A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET
FOR AN EXTERIOR ELL CORNER OF SAID 148.68 ACRE TRACT. SAID POINT BEING
ON THE NORTH LINE OF A 97.682 ACRE TRACT OF LAND CONVEYED TO RATTAN
PROPERTIES, LTD., AS RECORDED IN VOLUME 4820, PAGE 2729, OFFICIAL PUBLIC
RECORDS, COLLIN COUNTY, TEXAS AND BEING WITHIN COUNTY ROAD NO. 284,
(A PRESCRIPTIVE RIGHT-OF-WAY, BY USE AND OCCUPATION);
THENCE, NORTH 88 DEGREES 35 MINUTES 24 SECONDS WEST, ALONG THE SOUTH LINE
OF SAID 148.68 ACRE TRACT AND THE COMMON NORTH LINE OF SAID 97.682 ACRE
TRACT, WITH SAID COUNTY ROAD NO. 284, A DISTANCE OF 1509.22 FEET TO A 1/2" IRON
2
ROD FOUND FOR AN EXTERIOR ELL CORNER OF SAID 148.68 ACRE TRACT AND THE
COMMON SOUTHEAST CORNER OF A TRACT OF LAND CONVEYED TO JOHN RATTAN
AND SUE RATTAN, (NO RECORD DOCUMENT FOUND);
THENCE, ALONG THE COMMON LINES OF SAID 148.68 ACRE TRACT AND SAID RATTAN
TRACT, THE FOLLOWING COURSES AND DISTANCES:
NORTH 18 DEGREES 15 MINUTES 04 SECONDS EAST, A DISTANCE OF 800.08 FEET
TO A 1/2" IRON ROD FOUND FOR AN INTERIOR ELL CORNER OF SAID 148.68 ACRE
TRACT AND THE COMMON NORTHEAST CORNER OF SAID RATTAN TRACT;
NORTH 78 DEGREES 24 MINUTES 56 SECONDS WEST, A DISTANCE OF 700.67 FEET
TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING"
SET FOR AN EXTERIOR ELL CORNER OF SAID 148.68 ACRE TRACT AND THE
COMMON NORTHWEST CORNER OF SAID RATTAN TRACT. SAID POINT BEING
ON THE EAST LINE OF AFORESAID 244.135 ACRE TRACT AND BEING WITHIN
COUNTY ROAD NO. 286, (A PRESCRIPTIVE RIGHT-OF-WAY, BY USE AND
OCCUPATION);
THENCE, ALONG SAID COMMON LINES OF SAID 244.135 ACRE TRACT AND THE WEST
LINE OF A 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 362.07 FEET
TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING"
SET FOR CORNER;
SOUTH 05 DEGREES 43 MINUTES 05 SECONDS WEST, A DISTANCE OF 496.57 FEET
TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING"
SET FOR THE SOUTHWEST CORNER OF SAID RATTAN TRACT AND A COMMON
NORTHWEST CORNER OF A 97.682 ACRE TRACT OF LAND CONVEYED TO
RATTAN PROPERTIES, LTD, AS RECORDED IN VOLUME 4820, PAGE 2729,
OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS;
THENCE, SOUTH 01 DEGREE 13 MINUTES 34 SECONDS WEST, ALONG THE EAST LINE OF
SAID 244.135 ACRE TRACT AND THE COMMON WEST LINE OF SAID 97.682 ACRE TRACT,
WITH SAID COUNTY ROAD NO. 286, A DISTANCE OF 484.11 FEET TO A 5/8" IRON ROD
WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR THE SOUTHEAST
CORNER OF SAID 244.135 ACRE TRACT AND THE COMMON NORTHEAST CORNER OF A
140.00 ACRE TRACT OF LAND CONVEYED TO JOHN ANDREW ADAMS AND LESLIE JANE
BOX, AS RECORDED IN VOLUME 5389, PAGE 3671, OFFICIAL PUBLIC RECORDS, COLLIN
COUNTY, TEXAS;
3
THENCE, SOUTH 87 DEGREES 14 MINUTES 28 SECONDS WEST, ALONG THE SOUTH LINE
OF SAID 244.135 ACRE TRACT AND THE COMMON NORTH LINE OF SAID 140.00 ACRE
TRACT, A DISTANCE OF 3215.64 FEET TO A 60D NAIL FOUND FOR THE SOUTHWEST
CORNER OF SAID 244.135 ACRE TRACT AND A COMMON EXTERIOR ELL CORNER OF
SAID 140.00 ACRE TRACT. SAID POINT BEING ON THE 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;
THENCE, ALONG THE COMMON LINES OF SAID 244.135 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 119.99 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 244.135
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 244.135 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;
THENCE, ALONG THE WEST LINE OF SAID 244.135 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;
4
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 244.135 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 A
1/2" IRON FOUND FOR THE NORTH CORNER OF SAID 244.135 ACRE TRACT AND THE
COMMON SOUTHWEST CORNER OF A 5.765 ACRE TRACT OF LAND CONVEYED TO
SUNLIT HOLDING, LLC, AS RECORDED IN COUNTY CLERK’S FILE NO.
20190221000181710, 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 SUNLIT HOLDING, LLC, AS RECORDED IN COUNTY
CLERK’S FILE NO. 20180925001201240, 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 244.135 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;
5
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 244.135 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;
6
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;
7
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 73.51 FEET
TO A 1/2" IRON ROD FOUND FOR THE SOUTHEAST CORNER OF SAID 101.118 ACRE
TRACT AND THE WEST CORNER OF AFORESAID 148.68 ACRE TRACT;
THENCE, ALONG THE COMMON LINES OF SAID 148.68 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 387.15 FEET
TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING"
SET FOR CORNER;
NORTH 25 DEGREES 22 MINUTES 03 SECONDS EAST, A DISTANCE OF 293.24 FEET
TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING"
SET FOR CORNER;
NORTH 24 DEGREES 23 MINUTES 10 SECONDS EAST, A DISTANCE OF 419.41 FEET
TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING"
SET FOR THE NORTHWEST CORNER OF SAID 148.68 ACRE TRACT AND THE
COMMON NORTHEAST CORNER OF SAID 101.118 ACRE TRACT. SAID POINT
BEING ON THE SOUTH LINE OF A 41.531 ACRE TRACT OF LAND CONVEYED AS
8
“TRACT NO. 2” TO WBK PARTNERS, LTD., AS RECORDED IN COUNTY CLERK’S
FILE NO. 98-126145, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS;
THENCE, SOUTH 69 DEGREES 20 MINUTES 00 SECONDS EAST, ALONG THE NORTHEAST
LINE OF SAID 148.68 ACRE TRACT AND THE COMMON SOUTHWEST LINE OF SAID 41.531
ACRE TRACT, A DISTANCE OF 1130.40 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC
CAP STAMPED "LJA SURVEYING" SET FOR AN EXTERIOR ELL CORNER OF SAID 148.68
ACRE TRACT AND THE COMMON NORTHWEST CORNER OF A 33 ACRE TRACT OF LAND
CONVEYED TO MIXON REALITY CO., AS RECORDED IN COUNTY CLERK’S FILE NO.
20110407000364750, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS. SAID POINT
BEING IN THE APPROXIMATE CENTER LINE OF AFORESAID COUNTY ROAD NO. 286;
THENCE, ALONG THE COMMON LINES OF SAID 148.68 ACRE TRACT AND SAID 33 ACRE
TRACT, WITH SAID COUNTY ROAD NO. 286, THE FOLLOWING COURSES AND
DISTANCES:
SOUTH 32 DEGREES 23 MINUTES 30 SECONDS WEST, A DISTANCE OF 148.50 FEET
TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING"
SET FOR CORNER;
SOUTH 16 DEGREES 40 MINUTES 30 SECONDS WEST, A DISTANCE OF 597.04 FEET
TO A 1/2" IRON ROD FOUND FOR AN INTERIOR ELL CORNER OF SAID 148.68 ACRE
TRACT AND THE COMMON SOUTHWEST CORNER OF SAID 33 ACRE TRACT;
SOUTH 63 DEGREES 20 MINUTES 08 SECONDS EAST, DEPARTING SAID COUNTY ROAD
NO. 286, A DISTANCE OF 1552.52 FEET TO A TxDOT MONUMENT WITH ALUMINUM DISC
FOUND FOR THE NORTHEAST CORNER OF SAID 148.68 ACRE TRACT. SAID POINT BEING
ON THE WEST RIGHT-OF-WAY LINE OF AFORESAID U.S. HIGHWAY NO. 75, FROM WHICH
A TxDOT MONUMENT WITH BRASS DISC FOUND BEARS NORTH 00 DEGREES 38
MINUTES 39 SECONDS WEST, A DISTANCE OF 12.19 FEET;
THENCE, ALONG THE EAST LINE OF SAID 148.68 ACRE TRACT AND SAID COMMON
WEST RIGHT-OF-WAY LINE, THE FOLLOWING COURSES AND DISTANCES:
SOUTH 00 DEGREES 10 MINUTES 25 SECONDS EAST, A DISTANCE OF 150.17 FEET
TO A TxDOT MONUMENT WITH BRASS DISC FOUND FOR CORNER;
SOUTH 07 DEGREES 36 MINUTES 36 SECONDS WEST, A DISTANCE OF 500.39 FEET
TO A TxDOT MONUMENT WITH BRASS DISC FOUND FOR CORNER;
SOUTH 09 DEGREES 37 MINUTES 12 SECONDS WEST, A DISTANCE OF 400.10 FEET
TO A TxDOT MONUMENT WITH BRASS DISC FOUND FOR CORNER;
SOUTH 06 DEGREES 39 MINUTES 30 SECONDS WEST, A DISTANCE OF 696.34 FEET TO
THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF 17,008,076
SQUARE FEET OR 390.452 ACRES OF LAND.
9
LESS AND EXCEPT:
TRACT 1: 30.000 ACRES
BEING A 30.000 ACRE TRACT OF LAND SITUATED IN THE R. JOHNSON SURVEY,
ABSTRACT NO. 479, THE W. KITCHINGS SURVEY, ABSTRACT NO. 504 AND THE T.
RATTAN SURVEY ABSTRACT NO. 782, CITY OF ANNA, COLLIN COUNTY, TEXAS, AND
BEING PART OF A 148.68 ACRE TRACT OF LAND, CONVEYED TO F.A. MILLER, AS
RECORDED IN COUNTY CLERK’S FILE NO. 19960321000231110, OFFICIAL PUBLIC
RECORDS, COLLIN COUNTY, TEXAS. SAID 30.000 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 A TxDOT HIGHWAY MONUMENT WITH ALUMINUM DISC FOUND FOR
THE SOUTHEAST CORNER OF SAID 148.68 ACRE TRACT AND THE COMMON NORTHEAST
CORNER OF COFFMAN CEMETERY, (NO RECORD DOCUMENT FOUND). SAID POINT
BEING ON THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO. 75, (A VARIABLE
WIDTH RIGHT-OF-WAY);
THENCE, ALONG THE COMMON LINES OF SAID 148.68 ACRE TRACT AND SAID
COFFMAN CEMETERY, THE FOLLOWING COURSES AND DISTANCES:
NORTH 89 DEGREES 48 MINUTES 27 SECONDS WEST, A DISTANCE OF 322.00 FEET
TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING"
SET FOR AN INTERIOR ELL CORNER OF SAID 148.68 ACRE TRACT AND THE
COMMON NORTHWEST CORNER OF SAID CEMETERY;
SOUTH 01 DEGREE 32 MINUTES 33 SECONDS WEST, A DISTANCE OF 93.00 FEET TO
A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET
FOR AN EXTERIOR ELL CORNER OF SAID 148.68 ACRE TRACT. SAID POINT BEING
ON THE NORTH LINE OF A 97.682 ACRE TRACT OF LAND CONVEYED TO RATTAN
PROPERTIES, LTD., AS RECORDED IN VOLUME 4820, PAGE 2729, OFFICIAL PUBLIC
RECORDS, COLLIN COUNTY, TEXAS AND BEING WITHIN COUNTY ROAD NO. 284,
(A PRESCRIPTIVE RIGHT-OF-WAY, BY USE AND OCCUPATION);
THENCE, NORTH 88 DEGREES 35 MINUTES 24 SECONDS WEST, ALONG THE SOUTH LINE
OF SAID 148.68 ACRE TRACT AND THE COMMON NORTH LINE OF SAID 97.682 ACRE
TRACT, WITH SAID COUNTY ROAD NO. 284, A DISTANCE OF 470.36 FEET TO A 5/8" IRON
ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER;
THENCE, NORTH 13 DEGREES 05 MINUTES 58 SECONDS EAST, OVER AND ACROSS SAID
148.68 ACRE TRACT, A DISTANCE OF 2131.68 FEET TO A 5/8" IRON ROD WITH YELLOW
PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER ON THE NORTH LINE OF
10
SAID 148.68 ACRE TRACT AND THE COMMON SOUTH LINE OF A 33 ACRE TRACT OF
LAND CONVEYED TO MIXON REALITY CO., AS RECORDED IN COUNTY CLERK’S FILE
NO. 20110407000364750, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS;
THENCE, SOUTH 63 DEGREES 20 MINUTES 08 SECONDS EAST, ALONG SAID COMMON
LINE, A DISTANCE OF 587.47 FEET TO A TxDOT MONUMENT WITH ALUMINUM DISC
FOUND FOR THE NORTHEAST CORNER OF SAID 148.68 ACRE TRACT. SAID POINT BEING
ON THE WEST RIGHT-OF-WAY LINE OF AFORESAID U.S. HIGHWAY NO. 75, FROM WHICH
A TxDOT MONUMENT WITH BRASS DISC FOUND BEARS NORTH 00 DEGREES 38
MINUTES 39 SECONDS WEST, A DISTANCE OF 12.19 FEET;
THENCE, ALONG THE EAST LINE OF SAID 148.68 ACRE TRACT AND SAID COMMON
WEST RIGHT-OF-WAY LINE, THE FOLLOWING COURSES AND DISTANCES:
SOUTH 00 DEGREES 10 MINUTES 25 SECONDS EAST, A DISTANCE OF 150.17 FEET
TO A TxDOT MONUMENT WITH BRASS DISC FOUND FOR CORNER;
SOUTH 07 DEGREES 36 MINUTES 36 SECONDS WEST, A DISTANCE OF 500.39 FEET
TO A TxDOT MONUMENT WITH BRASS DISC FOUND FOR CORNER;
SOUTH 09 DEGREES 37 MINUTES 12 SECONDS WEST, A DISTANCE OF 400.10 FEET
TO A TxDOT MONUMENT WITH BRASS DISC FOUND FOR CORNER;
SOUTH 06 DEGREES 39 MINUTES 30 SECONDS WEST, A DISTANCE OF 696.34 FEET
TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF
1,306,800 SQUARE FEET OR 30.000 ACRES OF LAND.
Item No. 7.d.
City Council Agenda
Staff Report
Meeting Date: 2/11/2025
Staff Contact: Carrie Land
AGENDA ITEM:
Consider/Discuss/Action on an Ordinance ordering a General Election to be held on
May 3, 2025, for the purpose of electing three City Council members; designation of
polling places, ordering notices of election to be given, adopting a voting system;
authorizing execution of joint election contracts. (City Secretary Carrie Land)
SUMMARY:
It is necessary that the City Council order a general election to be held on the 3rd day of
May 2025, 7:00 a.m. to 7:00 p.m. for the purpose of electing three (3) City Council
Members for Places 2, 4, and 6.
The election will be held as a joint election administered by the Collin County Elections
Administrator and various other political subdivisions in Collin County.
FINANCIAL IMPACT:
Funding for election expenses was appropriated in the FY2025 City Secretary budget in
the amount of $25,000.
BACKGROUND:
In accordance with the general laws and Constitution of the State of Texas and the
Charter of the City of Anna, Texas, a City Council election is to be held on the first
Saturday in May for the voters to elect members of the City of Anna, Texas’ governing
body.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Neighborly.
ATTACHMENTS:
1. Ord Election Order May 2025
ORDINANCE NO. _____________________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS,
ORDERING A GENERAL ELECTION TO BE HELD ON MAY 3, 2025 FOR THE
PURPOSE OF ELECTING THREE (3) CITY COUNCIL MEMBERS; DESIGNATING
POLLING PLACES; ORDERING NOTICES OF ELECTION TO BE GIVEN; ADOPTING
A VOTING SYSTEM; AUTHORIZING EXECUTION OF JOINT ELECTION
CONTRACTS; PROVIDING SAVINGS, SEVERABILITY, AND REPEALING
CLAUSES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, in accordance with the general laws and Constitution of the State of Texas
and the Charter of the City of Anna, Texas, a City Council election is to be held on the
first Saturday in May for the voters to elect members of the City of Anna, Texas’ governing
body; and
WHEREAS, it is necessary that the City Council of the City of Anna order a general
election to be held on the 3rd day of May 2025, 7:00 a.m. to 7:00 p.m., for the purpose
of electing three (3) City Council Member for Places 2, 4 and 6 on the governing body of
the City of Anna, Texas; and
WHEREAS, said general election shall be held as a joint election administered by the
Collin County Elections Administrator in accordance with the provisions of the Texas
Election Code, the Charter of the City of Anna, and an Election Services Contract
between the Collin County Elections Administrator, the City of Anna, and various other
political subdivisions in Collin County; and
WHEREAS, the City accepts Collin County Election Administration’s use of the direct
record and optical scan voting systems, which have been certified by the Secretary of
State in accordance with the Texas Election Code and approved by the United States
Department of Justice;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
SECTION 1. ELECTION ORDER
A general election is hereby ordered to be held by the City of Anna, Texas, on Saturday,
May 3, 2025, for the purpose of electing three (3) City Council member for Places 2, 4,
and 6 on the governing body of the City of Anna, Texas.
Polling locations for the general election will be determined in the Joint General and
Special Election Services Contract (“Election Services Contract”) to be entered into with
the Collin County Elections Administrator. The polling locations shall be open between
the hours of 7:00 a.m. and 7:00 p.m. the date of the election. The election will be
conducted in accordance with the Election Services Contract, by and between the City,
and various other political subdivisions in Collin County, Texas.
_____________________________________________________________________________________________
CITY OF ANNA, TEXAS ORDINANCE NO. ________________ PAGE 2 OF 4
SECTION 2. ELECTION NOTICE
That the City Secretary is hereby directed to cause notice of said elections to be
published at least once, not earlier than the 30th day or later than the 10th day, before
election day as provided in Section 4.003(a)(1) of the Texas Election Code; and shall be
posted on the bulletin board used for posting notices of the City Council meetings not
later than the 21st day before election day. A copy of the published notice that contains
the name of the newspaper and the date of publication shall be retained as a record of
such notice, and the person posting the notice shall make a record at the time of posting
stating the date and place of posting in accordance with Texas Election Code Section
4.005.
SECTION 3. EARLY VOTING
That early voting by personal appearance by any qualified Collin County resident shall be
conducted at the Anna Municipal Complex Lobby located at 120 W. 7th Street, Anna,
Texas 75409, or at any of the other Collin County Vote Center locations established by
the Election Services Contract. Early voting by personal appearance for the May 3, 2025,
election will be conducted by the Collin County Elections Administration.
The dates and times for early voting by personal appearance are as follows:
Monday, April 21, 2025 – San Jacinto Day (legal holiday per SOS) No voting
Tuesday, April 22, 2025 – Saturday, April 26, 2025 8 a.m. – 5 p.m.
Sunday, April 27, 2025 No voting
Monday, April 28, 2025 – Tuesday, April 29, 2025 7 a.m. – 7 p.m.
SECTION 4. ELECTION DAY POLLING PLACE
On May 3, 2025, Election Day, the polls shall be open from 7:00 a.m. to 7:00 p.m. and
conducted at the Anna Municipal Complex Lobby located at 120 W. 7th Street, Anna,
Texas 75409 or at any of the other Collin County Vote Center locations established by
the Election Services Contract.
SECTION 5. EARLY VOTING BY MAIL
That applications for early voting ballot by mail shall be mailed to: Kaleb Breaux,
Elections Administrator, 2010 Redbud Blvd., Ste. 102, McKinney, Texas 75069.
Applications for early voting ballot by mail must be received no later than the close of
business on Tuesday, April 23, 2025.
SECTION 6. RUNOFF ELECTION
That if a run-off election becomes necessary, the Collin County Elections Administrator
will conduct the run-off election to be held on Saturday, June 7, 2025.
_____________________________________________________________________________________________
CITY OF ANNA, TEXAS ORDINANCE NO. ________________ PAGE 3 OF 4
SECTION 7. ELECTRONIC VOTING EQUIPMENT
That in accordance with Section 123.001 of the Texas Election Code, the ExpressVote
Universal Voting System, EVS 6.0.2.0 consisting of Electionware election management
software, ExpressVote ballot marking device, Express Touch curbside voting device,
DS200 precinct tabulator/scanner, DS4S0 high speed central scanner, and DS850 high
speed central scanner or approved by the Secretary of State are hereby adopted for the
election on May 3, 2025; the City Council hereby adopts the voting systems approved
by the Collin County Elections Administrator, the Collin County Commissioners’ Court,
and the Secretary of State are hereby adopted for the election on May 3, 2025.
SECTION 8. ADMINISTRATION AND PROCEDURES OF THE ELECTION
The City Manager is hereby authorized and directed to enter into joint election
agreements for said election with Collin County Elections Administration and other
political subdivisions and to execute such election agreements for said election.
SECTION 9. ELECTION OFFICIALS
That pursuant to the Election Services Contract, the Collin County Elections
Administrator shall serve as Early Voting Clerk for the election. Presiding Election
Judges and Alternate Presiding Election Judges appointed to serve at said polling places
shall be those election officials furnished by Collin County Elections Administrator.
SECTION 10. EARLY VOTING BALLOT BOARD
That an Early Voting Ballot Board shall be created to process early voting results in
accordance with Section 87.007 of the Texas Election Code. The Early Voting Ballot
Board shall be made up of members appointed in the manner stated in the Election
Services Contract and the Presiding Judge and Alternate Presiding Judge of the Early
Voting Ballot Board shall be the election officials listed in the Election Services Contract.
SECTION 11. SAVINGS, SEVERABILITY AND REPEALING CLAUSES
That should any word, sentence, paragraph, subdivision, clause, phrase or section of
this resolution be adjudged or held to be void or unconstitutional, the same shall not affect
the validity of the remaining portions of said resolution, which shall remain in full force
and effect.
SECTION 12. EFFECTIVE DATE
That this ordinance shall become effective immediately from and after its passage.
APPROVED AND ADOPTED by the City Council of the City of Anna, Texas on this the
11th day of February 2025.
_____________________________________________________________________________________________
CITY OF ANNA, TEXAS ORDINANCE NO. ________________ PAGE 4 OF 4
ATTESTED:
_________________________
City Secretary Carrie L. Land
APPROVED:
_________________________
Mayor Pete Cain
1
JOINT ELECTION SERVICES CONTRACT
(“Election Services Contract”)
ELECTION SERVICES AGREEMENT
BETWEEN
THE COLLIN COUNTY ELECTIONS ADMINISTRATOR
(“Contracting Election Officer”)
AND
CITY OF ANNA
(“Participating Political Subdivision”)
FOR THE CONDUCT OF A JOINT ELECTION
TO BE HELD ON SATURDAY, MAY 3, 2025
TO BE ADMINISTERED BY THE COLLIN COUNTY ELECTIONS ADMINISTRATOR
2
1. ADMINISTRATION AND STATUTORY AUTHORITY
a. Kaleb Breaux (“Kaleb Breaux”) is the duly appointed County Elections Administrator
(“Elections Administrator”) of Collin County, Texas, and the Department Head of the Collin
County Elections Department. As such, Mr. Breaux is the Election Administrator of Collin
County, Texas and authorized by Subchapter D of Chapter 31 of Title 3 of the Texas Election
Code to enter into this Election Services Contract with the contracting authority of the
Participating Political Subdivision.
b. The contracting authority of the Participating Political Subdivision is hereby participating in
the Joint Election to be held in Collin County, Texas on Saturday, May 3, 2025. The
Participating Political Subdivision is hereby contracting with the Elections Administrator of
Collin County, Texas and all other joining jurisdictions to perform the election services set
forth in this Election Services Contract under Subchapter D of Chapter 31 of Title 3 of the
Texas Election Code.
2. DUTIES AND SERVICES OF THE CONTRACTING ELECTION OFFICER
a. The Contracting Election Officer shall be responsible for performing the following duties and
shall furnish the following services and equipment:
i. The Contracting Election Officer will prepare and publish the required Notice of
Election and post the required orders and resolutions to the Collin County Elections
Department website.
ii. The Contracting Election Officer shall arrange for appointment, notification (including
writ of election), training and compensation of all presiding judges, alternate judges,
the judge of the Central Count Station and judge of the Early Voting Ballot Board.
iii. The Contracting Election Officer shall be responsible for notification of each Election
Day and Early Voting presiding judge and alternate judge of his/her appointment. The
presiding election judge of each vote center will use his/her discretion to determine
when additional workers are needed, during peak voting hours.
iv. The Contracting Election Officer will determine the number of clerks to work in the
Central Count Station and the number of clerks to work on the Ballot Board.
1. Election judges shall attend the Contracting Election Officer’s school of
instruction (Election Law Class). A training event calendar will be provided.
2. Election judges and alternate judges shall be responsible for picking up and
returning election supplies to the County Election Warehouse located at 2010
Redbud Blvd., Suite 102, McKinney. Compensation for this pickup and
delivery of supplies will be $25.00.
v. The Contracting Election Officer shall compensate each election judge and worker.
Each judge shall receive $15.00 per hour, each alternate judge shall receive $14.00
per hour, and each clerk shall receive $13.00 per hour for services rendered. Overtime
will be paid to each person working more than 40 hours per week.
3
b. The Contracting Election Officer shall procure, prepare, and distribute voting machines,
election kits, and election supplies.
i. The Contracting Election Officer shall secure election kits, which include the legal
documentation required to hold an election and all supplies.
ii. The Contracting Election Officer shall secure the tables, chairs, and legal
documentation required to run the Central Count Station.
iii. The Contracting Election Officer shall provide all lists of registered voters required for
use on Election Day and for the Early Voting period required by law.
iv. The Contracting Election Officer shall procure and arrange for the distribution of all
election equipment and supplies required to hold an election.
1. Equipment includes the rental of ES&S ExpressVote Universal Voting
Machines (EVS 6.1.1.0), ES&S ExpressTouch Curbside Voting Machines (EVS
6.1.1.0), ES&S DS200 Ballot Counters (EVS 6.1.1.0), ES&S Model DS450 and
DS850 High-Speed Scanners/Tabulators (EVS 6.1.1.0), ADA compliant
headphones and keypads, voting signs, and election supply cabinets.
2. Supplies include paper ballot cards, Early Voting and Election Day supply kits,
provisional ballot kits, security seals, pens, tape, markers, etc.
c. The Contracting Election Officer, Kaleb Breaux, shall be appointed the Early Voting Clerk.
i. The Contracting Election Officer shall supervise and conduct Early Voting by mail and
in person and shall secure personnel to serve as Early Voting Deputies.
ii. The Contracting Election Officer shall select the Early Voting polling locations and
arrange for the use of each.
iii. Early Voting by personal appearance for the Participating Political Subdivision shall be
conducted during the Early Voting dates and times and at the locations listed in
“Exhibit A” attached and incorporated by reference into this Election Services
Contract.
iv. All applications for an Early Voting mail ballot shall be received and processed by the
Collin County Elections Administration Office located at 2010 Redbud Blvd., Suite 102,
McKinney, Texas 75069.
1. Applications for mail ballots erroneously mailed to the Participating Political
Subdivision shall immediately be faxed to the Contracting Officer for timely
processing. The original application shall then be forwarded to the
Contracting Election Officer for proper retention.
2. All Federal Post Card Applications (FPCA) will be sent a mail ballot. No postage
is required.
v. All Early Voting ballots (those cast by mail and those cast by personal appearance)
shall be prepared for counting by the Early Voting Ballot Board in accordance with
Section 87.000 of the Texas Election Code. The Contracting Officer shall appoint the
presiding judge of this Board.
d. The Contracting Election Officer shall select the Election Day vote centers and arrange for the
use of each.
i. The Participating Political Subdivision shall assume the responsibility of remitting
their portion of cost of all employee services required to provide access, provide
security or provide custodial services for the vote centers.
ii. The Election Day vote centers are listed in “Exhibit B”, attached and incorporated by
reference into this Election Services Contract.
4
e. The Contracting Election Officer shall be responsible for establishing and operating the
Central Count Station to receive and tabulate the voted ballots in accordance with Section
127.001 of the Election Code and of this agreement. The Central Count Station Manager shall
be Kaleb Breaux. The Central Count Station Judge shall be Kathi-Ann Rivard. The Tabulation
Supervisor shall be Brian Griesbach.
i. The Tabulation Supervisor shall prepare, test and run the County’s tabulation system
in accordance with statutory requirements and county policies, under the auspices of
the Contracting Election Officer.
ii. The Public Logic and Accuracy Test and Hash Validation of the electronic voting
system shall be conducted in accordance with Texas Election Code. The Contracting
Election Officer will post the required Notice of Logic and Accuracy Testing and Hash
Validation.
iii. Election night reports will be available to the Participating Political Subdivision at the
Central Counting Station on election night. Provisional ballots will be tabulated after
election night in accordance with State law.
iv. The Contracting Election Officer shall prepare the unofficial canvass report after all
precincts have been counted, and will provide canvassing documents to the
Participating Political Subdivision as soon as possible after all returns have been
tallied.
v. The Contracting Election Officer shall be appointed as the custodian of the voted
ballots and shall retain all election materials for a period of 22 months.
1. Pending no litigation and as prescribed by law, the voted ballots shall be
shredded 22 months after the election.
f. The Contracting Election Officer shall conduct a partial manual count as prescribed by Section
127.201 of the Texas Election Code and submit a written report to the Participating Political
Subdivision in a timely manner. If applicable, a written report shall be submitted to the
Secretary of State as required by Section 127.201 of the aforementioned code.
3. DUTIES AND SERVICES OF THE PARTICIPATING POLITICAL SUBDIVISION
a. The Participating Political Subdivision shall assume the following duties:
i. The Participating Political Subdivision will prepare, adopt, and publish all legally
required election orders, resolutions, and other documents required by, or of, their
governing bodies. The Participating Political Subdivision are required to send Collin
County Elections Department a copy of any election order or resolution related to this
Joint Election within three business days of publishing, adopting or ordering it.
ii. The Participating Political Subdivision shall provide the Contracting Election Officer
with an updated map and street index of their jurisdiction in an electronic (PDF and
shape files preferred) or printed format as soon as possible but no later than Friday,
February 14, 2025.
iii. The Participating Political Subdivision shall procure and provide the Contracting
Election Officer with the ballot layout and Spanish translation in an electronic format.
1. The Participating Political Subdivision shall deliver to the Contracting Election
Officer as soon as possible, but no later than 5:00 p.m. Monday, February 24,
2025, the official wording for the Participating Political Subdivision’s May 3,
2025 Joint Election.
2. The Participating Political Subdivision shall approve the ballot proofs format
within 24 hours of receiving the ballot proof and prior to the final printing.
5
a. If the Participating Political Subdivision fails to approve the ballot
proofs within 24 hours of receiving the proofs, the Contracting
Election Officer will presume that the ballot proofs have been
approved by the Participating Political Subdivision. Any costs incurred
by making any changes to the ballot (designing, printing,
programming, etc.) from this point forward will be the responsibility
of the Participating Political Subdivision.
iv. The Participating Political Subdivision shall compensate the Contracting Election
Officer for all associated costs including any additional verified cost incurred in the
process of running this election or for a manual recount, this election may require,
consistent with charges and hourly rates shown on “Exhibit C” for required services.
1. The charges incurred during the manual recount are outlined in Sec. 212 of
the Texas Election Code.
b. The Participating Political Subdivision shall pay the Contracting Election Officer 90% of the
estimated cost to run the said election prior to Friday, March 28, 2025. The Contracting
Election Officer shall place the funds in a “contract fund” as prescribed by Section 31.100 of
the Texas Election Code. The deposit should be made payable to the “Collin County Treasury”
with a note “For election services” included with the check documentation and delivered to
the Collin County Treasury, 2300 Bloomdale Rd., #3138, McKinney, Texas 75071.
c. The Participating Political Subdivision shall pay the cost of conducting said election, less partial
payment, including the 10% administrative fee, pursuant to the Texas Election Code, Section
31.100, within 30 days from the date of final billing. Additionally, all payments in excess of the
final cost to perform the election will be refunded to the Participating Political Subdivision.
4. COST OF SERVICES.
a. See “Exhibit C”.
b. Note: A Participating Political Subdivision shall incur a minimum cost of $3,500.00 to
conduct a joint election with the Collin County Elections Department.
5. RUNOFF ELECTIONS
a. Each Participating Political Subdivision shall have the option of extending the terms of this
contract through its Runoff Election, if applicable. In the event of such Runoff Election, the
terms of this contract shall automatically extend unless the Participating Political Subdivision
notifies the Elections Administrator in writing within 3 business days of the original election.
b. Each Participating Political Subdivision shall reserve the right to reduce the number of Early
Voting polling locations and/or Election Day vote centers in a Runoff Election. If necessary,
any voting changes made by a Participating Political Subdivision between the original election
and the Runoff Election shall be submitted by the authority making the change to the United
States Department of Justice for the preclearance required by the Federal Voting Rights Act
of 1965, as amended.
c. Each Participating Political Subdivision agrees to order any Runoff Election(s) at its meeting
for canvassing the votes from May 3, 2025 Joint Election, and to conduct its drawing for ballot
positions at, or immediately following, such meeting in order to expedite preparations for its
Runoff Election.
d. Each Participating Political Subdivision eligible to hold Runoff Elections after the May 3, 2025
Uniform Election Date agrees that the date of a necessary Runoff Election shall be held in
accordance with the Texas Election Code, which will be Saturday, June 7, 2025.
6
6. GENERAL PROVISIONS
a. Nothing contained in this Election Services Contract shall authorize or permit a change in the
officer with whom, or the place at which any document or record relating to the Participating
Political Subdivision’s May 3, 2025 Joint Election are to be filed, or the place at which any
function is to be carried out, or any nontransferable functions specified under Section 31.096
of the Texas Election Code.
b. Upon request, the Contracting Election Officer will provide copies of all invoices and other
charges received in the process of running said election for the Participating Political
Subdivision.
c. If the Participating Political Subdivision cancels their elections pursuant to Section 2.053 of
the Texas Election Code, the Participating Political Subdivision shall pay the Contracting
Officer a contract preparation fee of $75.00 and will not be liable for any further costs
incurred by the Contracting Officer.
d. The Contracting Officer shall file copies of this contract with the County Judge and the County
Auditor of Collin County, Texas.
WITNESS BY MY HAND THIS ____DAY OF __________________2025.
________________________________
Kaleb Breaux, Elections Administrator
Collin County, Texas
WITNESS BY MY HAND THIS ____ DAY OF __________________ 2025.
Approved By: Witnessed By:
Signed: _____________________________ Signed: _____________________________
Name: _____________________________ Name: _____________________________
Title: _____________________________ Title: _____________________________
Ryan Henderson Carrie L. Land
City Manager City Secretary
Revised January 23, 2025 Page 1
Exhibit A (Anexo A) Collin County (Condado de Collin)
May 3, 2025 Joint General and Special Elections ‐ Early Voting Locations, Dates and Hours
(3 de mayo de 2025 Elección general y especial conjunta ‐ Lugares de Votación Temprana,
Fechas y Horas)
Important Note: Eligible Collin County registered voters (with an effective date of registration on or before
May 3, 2025) may vote at any Early Voting location.
(Nota importante: Los votantes registrados elegibles del Condado de Collin (con una fecha efectiva de registro en o antes del
3 de mayo de 2025 pueden votar en cualquier lugar de votación anticipada.)
Sunday
(Domingo)
Monday
(Lunes)
Tuesday
(Martes)
Wednesday
(Miércoles)
Thursday
(Jueves)
Friday
(Viernes)
Saturday
(Sábado)
April 20
No Voting
(20 de abril)
(Sin votar)
April 21
No Voting
(21 de abril)
(Sin votar)
April 22
Early Voting
(22 de abril)
(Votación
adelantada)
8 am – 5 pm
April 23
Early Voting
(23 de abril)
(Votación
adelantada)
8 am – 5 pm
April 24
Early Voting
(24 de abril)
(Votación
adelantada)
8 am – 5 pm
April 25
Early Voting
(25 de abril)
(Votación
adelantada)
8 am – 5 pm
April 26
Early Voting
(26 de abril)
(Votación
adelantada)
8 am – 5 pm
April 27
No Voting
(27 de abril)
(Sin votar)
April 28
Early Voting
(28 de abril)
(Votación
adelantada)
7am ‐ 7pm
April 29
Early Voting
(29 de abril)
(Votación
adelantada)
7am ‐ 7pm
April 30
(30 de abril)
May 1
(1 de mayo)
May 2
(2 de mayo)
May 3
Election Day
(3 de mayo)
(Día de
elección)
7am – 7pm
Polling Location
(Lugar de Votación)
Room Name
(Nombre de la
habitación)
Address
(Dirección)
City
(Ciudad)
Zip Code
(Código
postal)
Allen ISD Service Center Main Lobby 1451 N. Watters Rd. Allen 75013
Allen Municipal Courts Facility Community Room 301 Century Pkwy. Allen 75013
Anna Municipal Complex Lobby 120 W. 7th St. Anna 75409
Blue Ridge ISD Administration Building Board of Trustees
Board Room 318 W. School St. Blue Ridge 75424
Carpenter Park Recreation Center South Lobby 6701 Coit Rd. Plano 75024
Children’s Health StarCenter Activity Room 6993 Star Ave. McKinney 75070
Collin College Celina Campus Classroom CEC110 2505 Kinship Pkwy. Celina 75009
Collin College Farmersville Campus Atrium 501 S. Collin Pkwy. Farmersville 75442
Collin College Frisco Campus Building J, Room 113 9700 Wade Blvd. Frisco 75035
Collin College Higher Education Center Atrium 3452 Spur 399 McKinney 75069
Revised January 23, 2025 Page 2
Polling Location
(Lugar de Votación)
Room Name
(Nombre de la
habitación)
Address
(Dirección)
City
(Ciudad)
Zip Code
(Código
postal)
Collin College McKinney Campus Atrium C Square 2200 University Dr. McKinney 75071
Collin College Plano Campus Atrium D Square 2800 E. Spring Creek Pkwy. Plano 75074
Collin College Wylie Campus Lobby 391 Country Club Rd. Wylie 75098
Collin County Elections
(Main Early Voting Location) Voting Room 2010 Redbud Blvd., Suite 102 McKinney 75069
Davis Library Children's Program
Room 7501 Independence Pkwy. A Plano 75025
East Plano Islamic Center Mulitpurpose Room 4700 14th St. Plano 75074
Frisco Fire Station #05 Training Room 14300 Eldorado Pkwy. Frisco 75035
Frisco Fire Station #08 Training Room 14700 Rolater Rd. Frisco 75035
Gay Library Meeting Room 6861 W. Eldorado Pkwy. McKinney 75070
Haggard Library Programs Room 2501 Coit Rd. Plano 75075
Harrington Library Thelma Rice Sproles
Program Room 1501 18th St. Plano 75074
Lavon City Hall Gymnasium 120 School Rd. Lavon 75166
Lovejoy ISD Administration Building Portable #1 Training
Room 259 Country Club Rd. Allen 75002
Lucas Community Center Community Room 665 Country Club Rd. Lucas 75002
McKinney Fire Station #05 Community Room 6600 Virginia Pkwy. McKinney 75071
McKinney Fire Station #07 Community Room 861 Independence Pkwy. McKinney 75072
McKinney Fire Station #09 Community Room 4900 Summit View Dr. McKinney 75071
McKinney Municipal Complex TBD 401 E. Virginia St. McKinney 75069
McKinney Senior Recreation Center Meeting Room 1400 S. College St. McKinney 75069
Melissa Public Safety Building Court Room 2402 McKinney St. Melissa 75454
Methodist Medical Center Richardson Conference Room A 2831 E. President George Bush
Hwy. Richardson 75082
Michael J. Felix Community Center Rooms A and B 3815‐E Sachse Rd. Sachse 75048
Murphy Activity Center The Great Hall 201 N. Murphy Rd. Murphy 75094
Parker City Hall Council Chambers 5700 E. Parker Rd. Parker 75002
Revised January 23, 2025 Page 3
Polling Location
(Lugar de Votación)
Room Name
(Nombre de la
habitación)
Address
(Dirección)
City
(Ciudad)
Zip Code
(Código
postal)
Parr Library Programs Room 6200 Windhaven Pkwy. Plano 75093
Prosper Town Hall Community Room 250 W. First St. Prosper 75078
Renner‐Frankford Branch Library Programs Room 6400 Frankford Rd. Dallas 75252
St. Paul Town Hall Council Chambers 2505 Butcher's Block St. Paul 75098
Terry Pope Administration Building Community ISD Board
Room 611 N. FM 1138 Nevada 75173
The Grove at Frisco Commons Game Room C 8300 McKinney Rd. Frisco 75034
Weston Community Center Main Room 117 Main St. Weston 75097
Wylie Community Park Center Meeting Room East 800 Thomas St. #100 Wylie 75098
*Polling locations are subject to change. For the most current list of locations, please visit the Elections webpage at
www.collincountytx.gov/elections.
(*Los lugares de votación están sujetos a cambios. Para obtener la lista más actualizada de ubicaciones, visite la página web
de Elecciones en www.collincountytx.gov/elections.)
Applications for ballot by mail may be mailed and must be received no later than the close of business on April 22, 2025,
to:
(Las solicitudes de boleta por correo pueden enviarse por correo y deben recibirse a más tardar el 22 de abril de 2025 para:)
Kaleb Breaux, Early Voting Clerk
2010 Redbud Blvd. Suite 102
McKinney, Texas 75069
972‐547‐1900
www.collincountytx.gov
Applications for ballot by mail may also be faxed or emailed and must be received no later than the close of business on
April 22, 2025. For an application for ballot by mail submitted by telephonic facsimile machine or electronic transmission
to be effective, the hard copy of the application must also be submitted by mail and be received by the early voting clerk
not later than the fourth business day after the transmission by telephonic facsimile machine or electronic transmission
is received. (Texas Election Code 84.007)
(Las solicitudes de boleta por correo también pueden enviarse por fax o correo electrónico y deben recibirse antes del cierre
de operaciones el 22 de abril de 2025. Para que una solicitud de boleta por correo enviada por máquina de fax o transmisión
electrónica sea efectiva, la copia impresa de la solicitud también debe presentarse por correo y ser recibida por el secretario
de votación anticipada a más tardar el cuarto día hábil posterior a la recepción de la transmisión por fax o máquina
electrónica de fax. (Código Electoral de Texas 84.007).)
Fax (Fax) – 972‐547‐1996
Email (Correo electrónico) – absenteemailballoting@collincountytx.gov
Revised January 23, 2025 Page 1
Exhibit B (Anexo B) Collin County (Condado de Collin)
Election Day Vote Centers for the May 3, 2025 Joint General and Special Election – 7 am ‐ 7 pm*
(Centros de votación del día de las elecciones para las Elección de general y especial conjunta
del 3 de mayo de 2025 – 7 am – 7pm*)
Important Note: Eligible Collin County registered voters (with an effective date of registration on or before May 3, 2025) may
vote at any Election Day location.
(Nota importante: Los votantes registrados elegibles del Condado de Collin (con una fecha efectiva de registro en o antes del 3
de mayo de 2025 puede votar en cualquier lugar el día de las elecciones.)
Polling Location
(Lugar de Votación)
Room Name
(Nombre de la
habitación)
Address
(Dirección)
City
(Ciudad)
Zip Code
(Código
postal)
Aldridge Elementary School Gym 720 Pleasant Valley Ln. Richardson 75080
Allen ISD Service Center Main Lobby 1451 N. Watters Rd. Allen 75013
Allen Municipal Courts Facility Community Room 301 Century Pkwy. Allen 75013
Anna Municipal Complex Lobby 120 W. 7th St. Anna 75409
Armstrong Middle School Gym 3805 Timberline Dr. Plano 75074
Bethany Elementary School Gym 2418 Micarta Dr. Plano 75025
Blue Ridge ISD Administration Building Board of Trustees
Board Room 318 W. School St. Blue Ridge 75424
Bowman Middle School Cafeteria Foyer in
Corridor H 2501 Jupiter Rd. Plano 75074
Carpenter Middle School Small Gym 3905 Rainier Rd. Plano 75023
Carpenter Park Recreation Center South Lobby 6701 Coit Rd. Plano 75024
Children’s Health StarCenter Activity Room 6993 Star Ave. McKinney 75070
Collin College Celina Campus Classroom CEC110 2505 Kinship Pkwy. Celina 75009
Collin College Farmersville Campus Atrium 501 S. Collin Pkwy. Farmersville 75442
Collin College Frisco Campus Building J, Room 113 9700 Wade Blvd. Frisco 75035
Collin College Higher Education Center Atrium 3452 Spur 399 McKinney 75069
Collin College McKinney Campus Atrium C Square 2200 University Dr. McKinney 75071
Collin College Plano Campus Atrium D Square 2800 E. Spring Creek Pkwy. Plano 75074
Collin College Wylie Campus Lobby 391 Country Club Rd. Wylie 75098
Collin County Elections Office Voting Room 2010 Redbud Blvd., Suite 102 McKinney 75069
Davis Library Children's Program
Room 7501 Independence Pkwy. A Plano 75025
Revised January 23, 2025 Page 2
Polling Location
(Lugar de Votación)
Room Name
(Nombre de la
habitación)
Address
(Dirección)
City
(Ciudad)
Zip Code
(Código
postal)
East Plano Islamic Center Mulitpurpose Room 4700 14th St. Plano 75074
Fairview Town Hall Council Chambers 372 Town Place Fairview 75069
Frazier Elementary School TBD 1600 N. Sweetwater Cv. McKinney 75071
Frisco Fire Station #05 Training Room 14300 Eldorado Pkwy. Frisco 75035
Frisco Fire Station #08 Training Room 14700 Rolater Rd. Frisco 75035
Gay Library Meeting Room 6861 W. Eldorado Pkwy. McKinney 75070
Haggar Elementary School Gym 17820 Campbell Rd. Dallas 75252
Haggard Middle School Main Vestibule 2832 Parkhaven Dr. Plano 75075
Hendrick Middle School Gym 7400 Red River Dr. Plano 75025
Lavon City Hall Gymnasium 120 School Rd. Lavon 75166
Lovejoy ISD Administration Building Portable #1 Training
Room 259 Country Club Rd. Allen 75002
Lucas Community Center Community Room 665 Country Club Rd. Lucas 75002
McKinney Boyd High School Library 600 Lake Forest Dr. McKinney 75071
McKinney Fire Station #05 Community Room 6600 Virginia Pkwy. McKinney 75071
McKinney Fire Station #07 Community Room 861 Independence Pkwy. McKinney 75072
McKinney Fire Station #09 Community Room 4900 Summit View Dr. McKinney 75071
McKinney High School Performing Arts Center
Lobby 1400 Wilson Creek Pkwy. McKinney 75069
McKinney Municipal Complex TBD 401 E. Virginia St. McKinney 75069
McKinney North High School Auditorium Lobby 2550 Wilmeth Rd. McKinney 75071
Melissa Public Safety Building Court Room 2402 McKinney St. Melissa 75454
Methodist Medical Center Richardson Conference Room A 2831 E. President George Bush
Hwy. Richardson 75082
Michael J. Felix Community Center Rooms A and B 3815‐E Sachse Rd. Sachse 75048
Miller Elementary School Gym 5651 Coventry Dr. Richardson 75082
Murphy Activity Center The Great Hall 201 N. Murphy Rd. Murphy 75094
Parker City Hall Council Chambers 5700 E. Parker Rd. Parker 75002
Revised January 23, 2025 Page 3
Polling Location
(Lugar de Votación)
Room Name
(Nombre de la
habitación)
Address
(Dirección)
City
(Ciudad)
Zip Code
(Código
postal)
Parr Library Programs Room 6200 Windhaven Pkwy. Plano 75093
Prosper Town Hall Community Room 250 W. First St. Prosper 75078
Renner‐Frankford Library Programs Room 6400 Frankford Rd. Dallas 75252
Robinson Middle School Gym 6701 Preston Meadow Dr. Plano 75024
Schimelpfenig Middle School Front Foyer 2400 Maumelle Dr. Plano 75023
Shepton High School Gym 5505 Plano Pkwy. Plano 75093
St. Paul Town Hall Council Chambers 2505 Butcher's Block St. Paul 75098
Terry Pope Administration Building Community ISD Board
Room 611 N. FM 1138 Nevada 75173
The Grove at Frisco Commons Game Room C 8300 McKinney Rd. Frisco 75034
Tom Muehlenbeck Recreation Center Meeting Room A 5801 W. Parker Rd. Plano 75093
Weston Community Center Main Room 117 Main St. Weston 75097
Wilson Middle School F113 1001 Custer Rd. Plano 75075
Wylie Community Park Center Meeting Room East 800 Thomas St. #100 Wylie 75098
*Polling locations are subject to change. For the most current list of locations, please visit the Elections webpage at
www.collincountytx.gov/elections.
(*Los lugares de votación están sujetos a cambios. Para obtener la lista más actualizada de ubicaciones, visite la página web de
Elecciones en www.collincountytx.gov/elections.)
Applications for ballot by mail may be mailed and must be received no later than the close of business on April 22, 2025, to:
(Las solicitudes de boleta por correo pueden enviarse por correo y deben recibirse a más tardar el 22 de abril de 2025 para:)
Kaleb Breaux, Early Voting Clerk
2010 Redbud Blvd. Suite 102
McKinney, Texas 75069
972‐547‐1900
www.collincountytx.gov
Applications for ballot by mail may also be faxed or emailed and must be received no later than the close of business on April
22, 2025. For an application for ballot by mail submitted by telephonic facsimile machine or electronic transmission to be
effective, the hard copy of the application must also be submitted by mail and be received by the early voting clerk not later
than the fourth business day after the transmission by telephonic facsimile machine or electronic transmission is received.
(Texas Election Code 84.007)
(Las solicitudes de boleta por correo también pueden enviarse por fax o correo electrónico y deben recibirse antes del cierre de
operaciones el 22 de abril de 2025. Para que una solicitud de boleta por correo enviada por máquina de fax o transmisión
electrónica sea efectiva, la copia impresa de la solicitud también debe presentarse por correo y ser recibida por el secretario de
votación anticipada a más tardar el cuarto día hábil posterior a la recepción de la transmisión por fax o máquina electrónica de
fax. (Código Electoral de Texas 84.007).)
Revised January 23, 2025 Page 4
Fax (Fax) – 972‐547‐1996
Email (Correo electrónico) – absenteemailballoting@collincountytx.gov
Exhibit C
Collin County Election Services
May 3, 2025 Joint Election
Anna City
Registered Voters 16,047
Percentage 0.7945483%
Category
Estimated
Polling
Locations
Estimated Units or
Description Cost Per Unit
Estimated
Election
Expenses
Estimated Entity
Expenses
Early Voting by Mail
Kits - Mail Ballots 4,000 1.15$ 4,600.00$ 36.55$
Postage 4,000 0.88$ 3,520.00$ 27.97$
Paper Ballot Printing Services 0 0.38$ -$ -$
Paper Ballot Shipping (per box) 0 30.00$ -$ -$
Ballot Stock - BOD 4,000 0.12$ 480.00$ 3.81$
Category Subtotal 8,600.00$ 68.33$
General Election Expenses
Mileage Per Election 500.00$ 3.97$
Van / Car Rental
8 vans for 6 weeks
@ $650 per week Per Election 31,200.00$ 247.90$
Election Night Receiving Cover Per Election 3,167.80$ 25.17$
Polling Place Rental Per Election 30,000.00$ 238.36$
Notice of Election Per Election 9,700.00$ 77.07$
Security - EV Per Election 2,000.00$ 15.89$
Security - ED including Traffic Control Per Election 2,000.00$ 15.89$
Early Voting Ballot Board Per Election 15,037.00$ 119.48$
FICA - Election Workers 622,875.00$ Per Election 47,649.94$ 378.60$
County Employee/IT Overtime - EV/ED Per Election 30,000.00$ 238.36$
Process Pollworker Checks - EV 42 336 1.50$ 504.00$ 4.00$
Process Pollworker Checks - ED 58 464 1.50$ 696.00$ 5.53$
Drayage Per Location - ED 58 116 202.00$ 23,432.00$ 186.18$
Drayage Per Location - EV 42 84 202.00$ 16,968.00$ 134.82$
Category Subtotal 212,854.74$ 1,691.23$
Programming
Coding Services
25 Days @
$1975 / day 50,000.00$ 397.27$
Balotar Programming Per Election 1,400.00$ 11.12$
Category Subtotal 51,400.00$ 408.40$
Early Voting by Personal Appearance
Election Judge OT - EV (with OT) 15.00$ 64,680.00$ 513.91$
Alternate Judge OT - EV (with OT) 14.00$ 60,438.00$ 480.21$
Clerk OT - EV (8 per location, with OT) 13.00$ 330,876.00$ 2,628.97$
ES&S Support Staff / Field Techs - EV 40 Days 194,700.00$ 1,546.99$
Equipment Assembly - EV 42 58 50.00$ 2,900.00$ 23.04$
Category Subtotal 653,594.00$ 5,193.12$
Election Day and Tabulation
Election Day/Post Election Vendor Support 15 Days 53,900.00$ 428.26$
Notice of Inspection/Tabulation Test Per Election 1,500.00$ 11.92$
Category Subtotal 55,400.00$ 440.18$
Exhibit C
Anna City
Registered Voters 16,047
Percentage 0.7945483%
Category
Estimated
Polling
Locations
Estimated Units or
Description Cost Per Unit
Estimated
Election
Expenses
Estimated Entity
Expenses
Supply Cost
Ballots - Card Stock ExpressVote - EV 133,000 0.19$ 25,270.00$ 200.78$
Ballots - Card Stock ExpressVote - ED 67,000 0.14$ 9,380.00$ 74.53$
Test Ballots 3,000 0.29$ 870.00$ 6.91$
Kits - ED 42 42 60.00$ 2,520.00$ 20.02$
Kits - EV 58 58 32.00$ 1,856.00$ 14.75$
Kits - Provisional EV 42 42 52.00$ 2,184.00$ 17.35$
Kits - Provisional ED 58 58 45.00$ 2,610.00$ 20.74$
Polling Place Maps - EV 42 42 25.00$ 1,050.00$ 8.34$
Polling Place Maps - ED 58 58 25.00$ 1,450.00$ 11.52$
Signs Metal (5 per location) 100 500 5.00$ 2,500.00$ 19.86$
Signs Wood 100 100 2.00$ 200.00$ 1.59$
Ballot Card Stock - Provisional - EV (50 PL) 42 2,100 0.21$ 430.50$ 3.42$
Ballot Card Stock - Provisional - ED (50 PL) 58 2,900 0.16$ 464.00$ 3.69$
Ballots - Sample - All Packs 0 0 Per Election 3,000.00$ 23.84$
Printer Labels - EV (1 roll per location) 42 168 6.97$ 1,170.96$ 9.30$
Printer Labels - ED (1 roll per location) 58 116 6.97$ 808.52$ 6.42$
Category Subtotal 55,763.98$ 443.07$
Equipment
Cabinet Security - EV 42 58 200.00$ 11,600.00$ 92.17$
Cabinet Security - ED 58 74 200.00$ 14,800.00$ 117.59$
Computer Cabinet - EV 42 0 50.00$ -$ -$
DS200 Ballot Counter - EV 42 58 350.00$ 20,300.00$ 161.29$
DS200 Ballot Counter - ED 58 74 350.00$ 25,900.00$ 205.79$
ExpressVote - EV (9 per location) 42 522 200.00$ 104,400.00$ 829.51$
Expres Vote - ED (9 per location) 58 666 200.00$ 133,200.00$ 1,058.34$
ExpressTouch - EV 42 58 200.00$ 11,600.00$ 92.17$
ExpressTouch - ED 58 74 200.00$ 14,800.00$ 117.59$
Category Subtotal 336,600.00$ 2,674.45$
Personnel
Election Judge - ED 15.00$ 22,330.00$ 177.42$
Alternate Election Judge - ED 14.00$ 20,938.00$ 166.36$
Clerk - ED (6 per location) 13.00$ 108,576.00$ 862.69$
Category Subtotal 151,844.00$ 1,206.47$
Election Expense 1,526,056.72$ 12,125.26$
Cost (minimum)12,125.26$
10% Administrative Fee 1,212.53$
Total Cost 13,337.78$
90% deposit due Friday, March 28, 2025 12,004.01$