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HomeMy WebLinkAbout2025-02-25 Work Session (Cancelled) & Regular Meeting PacketAGENDA City Council Work Session CANCELLED Tuesday, February 25, 2025 This is to certify that I, Carrie L. Land, City Secretary, posted this Agenda on the City’s website (www.annatexas.gov) and at the Anna Municipal Complex bulletin board at or before 5:00 p.m. on 02/21/2025. Carrie L. Land, City Secretary AGENDA City Council Meeting Tuesday, February 25, 2025 at 7:00 PM Anna Municipal Complex - Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna will meet on 02/25/2025 at 7:00 PM in the Anna Municipal Complex-Council Chambers, located at 120 W. 7th Street, to consider the following items. Welcome to the City Council meeting. If you wish to speak on an Open Session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1.Call to Order, Roll Call, and Establishment of Quorum. 2.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.Receive a report on recent Parks and Recreation Advisory Board agenda items. (Director of Neighborhood Services Marc Marchand) 5.Work Session. a.Anna Police Department 3-Year Strategic Staffing Plan (Police Chief Dean Habel) 6.Consent Items. These items consist of non-controversial or "housekeeping" items required by law. Items may be considered individually by any Council Member making such request prior to a motion and vote on the Consent Items. a.Approve City Council Meeting Minutes for the January 28 Joint Meeting, and February 11, 2025 Meetings. (City Secretary Carrie Land) b.Review Minutes of the August 19, 2024, November 18, 2024 and January 13, 2025 Parks and Recreation Advisory Board Meeting. (Director of Neighborhood Services Marc Marchand) c.Review Monthly Financial Report for the Month Ending January 31, 2025. (Budget Manager Terri Doby) d.Review Minutes of the January 2, 2025, Joint Community Development Corporation and Economic Development Corporation Board Meeting. (Director of Economic Development Bernie Parker) e.Approve Police Department Report on 2024 racial profiling data that was submitted to the Texas Commission on Law Enforcement (TCOLE). (Police Chief Dean Habel) f.Approve a Resolution amending the Community Development Corporation (CDC) Bylaws. (Director of Economic Development Bernie Parker) g.Approve a Resolution amending the Economic Development Corporation (EDC) Bylaws. (Director of Economic Development Bernie Parker) h.Approve a Resolution authorizing the City Manager to execute a contract with AVL-SPI for audiovisual goods and services in the Council Chambers, incorporated through the Texas DIR Cooperative Purchasing System (IT Manager Chris Talbot). i.Approve a Resolution adopting Library Policies. (Neighborhood Services Director Marc Marchand) j.Approve a Resolution authorizing the City Manager to execute an agreement for professional services with WSB Engineering for a study of downstream sewer improvements for the Throckmorton Creek, Clement Creek, and Stiff Creek Sewer Basins as shown in the City of Anna Wastewater Master Plan. (City Engineer Wes Lawson) k.Approve a Resolution regarding Wildflower Meadows, Preliminary Plat (PP 24- 0016). (Director of Development Services Stephanie Scott-Sims, AICP) l.Approve a Resolution authorizing the City Manager to execute an amendment to the contract for wholesale wastewater treatment and transport with Chambers Grove Municipal Utility District Number 1, in a form approved by the City Attorney. (Assistant City Manager Greg Peters, P.E.) m.Approve a Resolution awarding the Hurricane Creek Trunk Sewer Northern Extension construction project to Blue Star Utilities. (CIP Manager Muhamad Madhat) n.Approve a Resolution authorizing the City Manager to execute a project specific purchase order with Kimley-Horn & Associates for the design of Phase 3 of the Hurricane Creek Trunk Sewer capital improvement project. (CIP Manager Muhamad Madhat) 7.Items For Individual Consideration. a.Consider/Discuss/Action on a Resolution approving a Service Plan Agreement for municipal services for 4.9± acres located on the east side of Buddy Hayes Boulevard, 385± feet south of Rosamond Parkway for a 1,050-unit Self-Storage (Mini-Warehouse) facility. (ANX 25-0001) (Director of Development Services Stephanie Scott-Sims, AICP) b.Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance regarding a request to annex 4.9± acres located on the east side of Buddy Hayes Boulevard, 385± feet south of Rosamond Parkway for a 1,050-unit Self-Storage (Mini-Warehouse) facility. (ANX 25-0001) (Director of Development Services Stephanie Scott-Sims, AICP) c.Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance regarding a request to zone 4.9± acres located on the east side of Buddy Hayes Boulevard, 385± feet south of Rosamond Parkway for a 1,050-unit Self-Storage (Mini-Warehouse) facility. (SUP 25-0002) (Director of Development Services Stephanie Scott-Sims, AICP) d.Consider/Discuss/Action on a Resolution approving a Service Plan Agreement for municipal services for 1,127.6± acres located on the north and south sides of E. Rosamond Parkway (FM 2862), 980± feet east of N. Leonard Avenue (CR 425) to Planned Development/Agricultural (AG)/Mixed-Use (MU)/Industrial-1 (I- 1) in conformance with a Pre-Annexation Development Agreement (Res. No. 2024-12-1716). (ANX 25-0002) (Director of Development Services Stephanie Scott-Sims, AICP) e.Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance regarding a request to annex 1,127.6± acres located on the north and south sides of E. Rosamond Parkway (F.M. 2862), 980± feet east of N. Leonard Avenue (CR 425) in conformance with a Pre-Annexation Development Agreement (Res. No. 2024-12-1716). (ANX 25-0002) (Director of Development Services Stephanie Scott-Sims, AICP) f.Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance regarding a request to zone 1,127.6± acres located on the north and south sides of E. Rosamond Parkway (FM 2862), 980± feet east of N. Leonard Avenue (CR 425) to Planned Development/Agricultural (AG)/Mixed-Use (MU)/Industrial-1 (I-1) in conformance with a Pre-Annexation Development Agreement (Res. No. 2024- 12-1716). (PD 25-0001) (Director of Development Services Stephanie Scott- Sims, AICP) g.Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance regarding a request for a Specific Use Permit for Light Auto Repair on 0.8± acre located on the north side of W. White Street, 95± feet east of Victoria Falls Drive. Zoned Planned Development/Regional Commercial (PD/C-2)(Ord. No. 119-2003). (SUP 25-0001) (Director of Development Services Stephanie Scott-Sims, AICP) h.Conduct a Public Hearing regarding the creation of Crystal Park Public Improvement District No. 2 pursuant to Section 372.009, Texas Local Government Code. (Director of Economic Development Bernie Parker) i.Consider/Discuss/Action on adoption of a Resolution regarding the Creation of the Crystal Park Public Improvement District No. 2 and Ordering Public Improvements to be made for the benefit of such District; providing for a severability clause; providing an effective date; and containing other matters relating to the subject. (Director of Economic Development Bernie Parker) j.Consider/Discuss/Action on adoption of 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 Sherley Farms Public Improvement District and authorizing the issuance of notice by the City Secretary of Anna, Texas, regarding the public hearing. (Director of Economic Development Bernie Parker) k.Consider/Discuss/Action on adoption of an Ordinance of the City Council of the City of Anna, Texas amending Ordinance No. 1118-2024-08, which Ordinance approved a 2024 Amended and Restated Service and Assessment Plan, including revised Assessment Rolls, for The Woods at Lindsey Place Public Improvement District in accordance with Chapter 372, Texas Local Government Code, as amended; Levying Special Assessments against Property within Improvement Area #2 of said District and Establishing a Lien on such Property; providing for the Method of Assessment and the Payment of the Assessments in accordance with Chapter 372, Texas Local Government Code, as amended; Providing Penalties and Interest on Delinquent Assessments; Providing for Severability, and Providing an Effective Date. (Director of Economic Development Bernie Parker) l.Consider/Discuss/Action on a Resolution approving an Incentive Agreement for new Economic Development with Retail Buildings, Inc. (Director of Economic Development Bernie Parker) 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). City ordinances, service contracts. Funding and financing. 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 02/21/2025. Carrie L. Land, City Secretary Item No. 4.a. City Council Agenda Staff Report Meeting Date: 2/25/2025 Staff Contact: Marc Marchand AGENDA ITEM: Receive a report on recent Parks and Recreation Advisory Board agenda items. (Director of Neighborhood Services Marc Marchand) SUMMARY: Staff will give an report to Council updating them on what the board has been working on in recent meetings. FINANCIAL IMPACT: BACKGROUND: This item is a routine periodic update to Council. STRATEGIC CONNECTIONS: ATTACHMENTS: Item No. 5.a. City Council Agenda Staff Report Meeting Date: 2/25/2025 Staff Contact: Dean Habel AGENDA ITEM: Anna Police Department 3-Year Strategic Staffing Plan (Police Chief Dean Habel) SUMMARY: Anna Police Department 3-Year Staffing Plan FINANCIAL IMPACT: Dependent upon implementation BACKGROUND: Anna PD contracted with Justice Research Associates to conduct a 3-year strategic staffing study. The analysis will take into account current and future growth patterns for the city, and determine the estimated need for additional employees within the police department. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Safe. ATTACHMENTS: 1. Anna PD - Strategic Staffing Plan - Final Report - 2025 2. Council Presentation - Anna PD Staffing - 2025 Report Prepared By: Eric J. Fritsch, Ph.D. Justice Research Consultants, LLC Copyright © 2025 Denton, TX 76210 All rights reserved Anna Police Department Three-Year Strategic Staffing Plan Final Report January 2025 TABLE OF CONTENTS Section I: Patrol Division Staffing 3 Modeling Patrol Staffing Needs 3 Purpose of the Base Model: Establishing the Concurrent Validity of the MAPP 5 Building the Base Model: MAPP Variables 6 Calls for Service and Service Time Variables 6 Self-Initiated and Administrative Time Variables 8 Response Time Variables 9 Immediate Availability Variables 10 Visibility Variables 10 Weights for Performance Objectives 11 Leave Percentage 12 Two Officer Units 12 Percentage of Patrol Sergeant Time Spent as Primary Unit Responder to CFS 12 Results of the Base MAPP Modeling Process 13 Section II: Strategic Patrol Staffing Plan 15 Building the Strategic Staffing Plan for Patrol 15 APD’s Future: Points to Consider 18 Patrol Supervision 19 Section III: Criminal Investigation Division Staffing 20 Assessing Staffing Needs within Investigations 20 Case Assignment Analysis 21 Section IV: Additional Personnel Staffing Needs 24 Section V: Summary of Staffing Recommendations by Fiscal Year 25 Section VI: List of Recommendations 26 Appendix A: Police Staffing Assessment Credentials and Experience 27 ii LIST OF TABLES Table 1: Patrol Division Staffing 3 Table 2: Base MAPP Input Values Annual Number of Calls for Service by Priority Level 6 Table 3: Base MAPP Input Values for Average Service Time for Calls for Service by Priority Level 7 Table 4: Base MAPP Input Values for Number of Back-up Unit Responses by Priority Level 8 Table 5: Base MAPP Input Values for Average Service Time for Back-up Unit Responses by Priority Level 8 Table 6: Base MAPP Input Values for Self-Initiated and Administrative Time 9 Table 7: Base MAPP Input Values for Response Time Variables 9 Table 8: Base MAPP Input Values for Immediate Availability Variables 10 Table 9: Base MAPP Input Values for Visibility Variables 11 Table 10: Base MAPP Input Values for Performance Objective Weights 12 Table 11: MAPP Variables and Determination of Staffing Needs 14 Table 12: Criminal Investigations Division Staffing 20 Table 13: Average Number of New Cases Assigned to Detectives Each Month 22 Table 14: Summary of Staffing Recommendations by Fiscal Year 25 1 In September 2024, the Anna Police Department (APD) contracted with Justice Research Consultants, LLC and it’s principal researcher, Eric J. Fritsch, Ph.D.,1 for the development of a three-year strategic staffing plan. The impetus for this staffing assessment and projection is to understand the impact both current and expected residential and commercial development and growth will have on police services provided to the community. The growth is largely due to continued residential population increases within the City of Anna. According to the U.S. Census Bureau, the population of the City of Anna has increased an average of 19.32% annually since 2020. The population increase will continue as the number of multi- family housing units in the City of Anna is increasing by 176% in 2025 – moving from 1,350 existing multi-family units in 2024 to 3,726 by the end of 2025. Furthermore, the City of Anna issues an average of 1,200 single family housing permits annually. In addition, the City of Anna is becoming a major hub for shopping, entertainment, healthcare, recreation, and employment. The growth has increased the workload of Anna PD as well, which has averaged a 16.3% annual increase in calls for service over the past three years. The purpose of this project is to determine the number of personnel needed within Anna PD over the next three years to maintain its high-quality police services to residents and visitors during this time of significant growth. Various methodologies were employed during the study including interviews with APD personnel and city administrators. The interviews focused on topics such as the current authorized personnel levels within each unit, the sufficiency of current staffing, and the future staffing needs due to population and police service growth. A list of personnel who participated in the interviews is presented below along with their assignment at the time of the interview. City of Anna • Ryan Henderson – City Manager • Terri Doby – Budget Manager Anna Police Department • Dean Habel – Chief of Police • Terry Eoff – Assistant Chief of Police • Tammy Fernandez – Administrative Lieutenant • Rush Smith – Criminal Investigations Sergeant • Brandon Blair – Patrol Sergeant • Joshua Yates – Patrol Corporal 1 The author’s police staffing assessment credentials and experience are presented in Appendix A. 2 • Cynthia Lopez – Records Coordinator In addition to the interviews, the research team conducted an analysis of departmental workload- based data, city data and reports, assessment of national best practices applicable to APD, and the development of statistical models to validate and project patrol staffing needs. The project team was tasked with developing a three-year strategic personnel staffing plan for APD. This report is structured in six primary sections and provides the reader with data, information, and analysis that lead to recommendations relevant to the strategic staffing plan of the Anna Police Department. The six sections are listed below. • Section I: Patrol Division Staffing • Section II: Strategic Staffing Plan – Staffing the Patrol Function • Section III: Criminal Investigations Division Staffing • Section IV: Additional Personnel Staffing Needs • Section V: Summary of Staffing Recommendations by Fiscal Year • Section VI: List of Recommendations 3 SECTION I: PATROL DIVISION STAFFING This section of the report focuses on the personnel staffing levels within the Patrol Division. Table 1 illustrates the current authorized staffing levels within the Division. Commanding the Division is a Lieutenant. Within the Division, there are 4 patrol sergeants, 4 patrol corporals, 22 patrol officers, 1 K-9 officer, and 1 traffic officer. The analysis presented in this section of the report will only include the APD Patrol Division personnel in which staffing changes are recommended over the next three years. If an APD personnel category is not discussed below, then no staffing changes above or below the current authorized staffing levels are recommended over the next three years. Table 1 – Patrol Division Staffing Position Authorized Personnel Patrol Lieutenant 1 Patrol Sergeant 4 Patrol Corporal 4 Patrol Officer 22 K-9 Officer 1 Traffic Officer 1 Total Personnel: 33 MODELING PATROL STAFFING NEEDS The primary issue addressed in this report focuses on the question: How many sworn police officers should be assigned to patrol in the Anna Police Department (APD) through fiscal year 2027-2028? The methodology employed to answer the above question was the use of the Model for the Allocation of Patrol Personnel (MAPP). MAPP is a validated allocation model created by the author and has been successfully used in other cities and jurisdictions to accurately project the number of officers required in patrol, utilizing variable service level schemes and performance objectives. The MAPP is designed to determine the number of officers that need to be assigned to patrol based on established performance objectives. The model first determines the number of officers needed to answer calls for service and then builds upon that number to ensure that enough officers are assigned to patrol so that performance objectives can be met. There are six performance objectives for patrol used in this model. Each is discussed below. 4 • Ability to meet response time goals for Priority 1 calls for service It is crucial for APD officers to be geographically disbursed throughout the community so they are able to respond rapidly to Priority 1 calls. Priority 1 calls involve crimes in-progress and incidents that put citizens in imminent danger where rapid response matters. These incidents are critical, where minutes, and even seconds, can have a major impact on the outcome of the incident. Rapid response to Priority 1 calls for service can increase the probability of arrest of the suspect at the scene of the offense, decrease injuries suffered by the victim, decrease property loss and destruction, and deescalate the situation due to officer presence. It is imperative in order to meet this objective that officers must be immediately sent to the scene once the dispatcher has obtained sufficient information regarding the nature of the call and that officers respond rapidly. The MAPP takes into account the number of officers that need to be assigned to patrol in order to meet response time goals to Priority 1 calls. • Ability to meet response time goals for Priority 2 calls for service It is also important for officers to respond quickly to Priority 2 calls to ensure the situation does not escalate into a more serious incident. Therefore, the MAPP takes into account the number of officers that need to be assigned to patrol in order to meet response time goals to Priority 2 calls. • Ability to meet response time goals for Priority 3-5 calls for service Although these calls are not as critical, it is also important for officers to be able to respond to Priority 3-5 calls in a reasonable amount of time primarily for citizen satisfaction purposes. Therefore, the MAPP takes into account the number of officers that need to be assigned to patrol in order to meet the department’s response time goal for Priority 3-5 calls. • Having an officer available to immediately respond to a Priority 1 call APD must have officers available who can immediately respond to a Priority 1 call for service. If all on-duty officers are busy on other calls for service and activities, then the responses to Priority 1 calls will be delayed. In order to ensure sufficient immediate availability, a performance objective is set in the MAPP for the percentage of Priority 1 calls for which there should be at least one officer available to respond. This model then takes that percentage into account in determining the number of officers that need to be assigned to patrol. • Visibility of officers The public likes to see police officers as they carry out their daily activities. They also like to see police officers in their neighborhoods. It is important for the police to be visible to citizens in 5 order to make citizens feel safe and to deter potential criminal activity. Therefore, the MAPP sets visibility objectives for patrol and determines how many officers need to be assigned to patrol to meet these objectives. • Officer Self-Initiated and Administrative Time The MAPP also takes into account additional performance objectives that are essential to the patrol function. First, officers are expected to spend a certain percentage of their on-duty time performing self-initiated activities such as enforcing traffic violations, stopping suspicious persons, and patrolling locations known for criminal activity. Second, officers spend a certain percentage of their time on administrative activities as well such as activities related to the start and end of each patrol shift as well as meal breaks. The MAPP accounts for these additional activities performed by officers when determining the number of officers that need to be assigned to patrol. PURPOSE OF THE BASE MODEL: ESTABLISHING THE CONCURRENT VALIDITY OF THE MAPP The initial objective in the modeling process was to develop a valid mathematical model that replicates the 2023 conditions of patrol in APD by building a base MAPP. Validity addresses the accuracy of the modeling process and refers to the extent to which the MAPP is able to measure the 2023 conditions of patrol in APD. Although the validity of the MAPP has been demonstrated in prior studies, it is critical to reassess its validity as it applies to APD patrol. The validity of the MAPP as it applies to APD patrol is tested by building a base MAPP as described in the next section of this report. By utilizing the data presented in the next section, if the base MAPP, through a complex series of statistical computations and algorithms, can identify the 2023 authorized number of officers and corporals assigned to APD patrol, then the concurrent validity of the MAPP is demonstrated. In other words, there is concurrent validity if the number of patrol officers and corporals needed in APD according to the base MAPP is the same as the number of patrol officers and corporals assigned to APD at the time of the analysis (i.e., 2023 calendar year data). Concurrent validity is a complex and objective means of determining the validity of the MAPP. As demonstrated in the next section, the research team was successful in building a valid base MAPP and establishing the concurrent validity of the MAPP as it applies to APD. Establishing concurrent validity verifies the accuracy of the MAPP and its ability to be used to accurately determine APD patrol staffing needs in the future. 6 BUILDING THE BASE MODEL: MAPP VARIABLES The initial objective in the modeling process was to build a base MAPP which reflects the 2023 conditions of patrol in APD. A total of 38 variables were used in the development of the base MAPP for APD. In this section, each of the variables is discussed along with the data assessed to arrive at their values. Calls for Service and Service Time Variables The main concept behind the MAPP is to account for all activities performed by APD patrol officers and corporals and the amount of time it takes to perform these activities. To accomplish this, it is necessary to assess calls for service in the City of Anna. The data assessed for calls for service include dispatched calls only since data on self-initiated and administrative activities are accounted for in a separate part of the MAPP. The calls for service data were provided to the research team by the Collin County Sheriff’s Office (CCSO) which manages the dispatch function for APD. The data include all calls for service, by priority level, for calendar year 2023. This section includes all call sources except R, S, and O within the CCSO system. These call sources are self-initiated activities which is why they were excluded from this part of the analysis. The MAPP input values for calls for service are illustrated in Table 2. The values for 2023 were used in the development of the base MAPP. Table 2 –Base MAPP Input Values for Annual Number of Calls for Service by Priority Level MAPP Variable Value Annual Number of Priority 1 CFS 792 Annual Number of Priority 2 CFS 1,584 Annual Number of Priority 3, 4, & 5 CFS 8,943 Total 11,319 Service time is calculated based on the elapsed time from when an officer is dispatched to the scene to when the officer clears the call. It includes the time spent on each call by the primary unit assigned the call. The average service time for calls for service were provided to the research team by the Collin County Sheriff’s Office which manages the dispatch function for APD. The data include the average service time, by priority level, for calendar year 2023. Table 3 shows the average service time for calls for service for each priority level as entered into the base MAPP. 7 Table 3 – Base MAPP Input Values for Average Service Time for Calls for Service by Priority Level MAPP Variable Value Average Service Time for Priority 1 Calls 55 minutes, 38 seconds Average Service Time for Priority 2 Calls 40 minutes, 18 seconds Average Service Time for Priority 3, 4, & 5 Calls 24 minutes, 16 seconds Call for Service Data – Back-up Units Since the goal of the MAPP is to account for all patrol activity time, it is necessary to account for the time officers spend backing up other patrol units. Data on the annual back-up unit responses by priority level in 2023 were unable to be easily extracted from CCSO and its computer aided dispatch (CAD) system. Therefore, the research team utilized a multiplier factor to make projections on the number of back-up unit responses in 2023 by priority level. The multiplier factor was developed from back-up unit response data obtained by the research team in prior staffing assessments and through consultation with the APD command staff. Since Priority 1 calls for service are the most serious calls received by APD, all Priority 1 calls receive at least one-back up unit and sometimes more depending on the severity of the call (e.g., fatality accident). Therefore, the multiplier factor for Priority 1 calls was 1.5 so the number of Priority 1 calls for service in 2023 illustrated in Table 2 (i.e., 792) was multiplied by 1.5 to determine the total number of back-up unit responses in 2023 as reflected in Table 4. The same methodology was followed to determine the number of back-up unit responses to Priority 2 and 3, 4, & 5 calls for service. Back-up responses are less common for Priority 2 and 3, 4, & 5 calls for service due to the reduced severity of the call. Therefore, the multiplier factor for Priority 2 was 0.6 and the multiplier factor for Priority 3, 4, & 5 was 0.2 (see Table 4). The identified multiplier factor allows one back-up unit response for 60% of the Priority 2 calls for service and one back-up unit response for 20% of the Priority 3, 4, & 5 calls for service. These percentages, along with the multiplier factor for Priority 1 calls for service, were then used, in addition to the data previously illustrated in Table 2, to determine the input values for the base MAPP on the annual number of back-up unit responses by priority level (see Table 4). 8 Table 4 – Base MAPP Input Values for Number of Back-up Unit Responses by Priority Level MAPP Variable Calls for Service - 2023 Multiplier Factor Back-up Responses - 2023 Annual Number of Priority 1 Back- up Responses 792 1.5 1,188 Annual Number of Priority 2 Back- up Responses 1,584 0.6 951 Annual Number of Priority 3, 4, & 5 Back-up Responses 8,943 0.2 1,789 In addition to the number of back-up unit responses, it is necessary to account for the service time of these back-up unit responses as well. Since data on the annual back-up unit responses by priority level in 2023 were unable to be easily extracted from the CCSO CAD system, the service time for the back-up unit responses could not be extracted either. Therefore, the average service time for the primary unit responses illustrated in Table 3 was used as the back -up unit response time as well. This allows each back-up unit to remain on the scene for the same length of time as the primary unit. Table 5 shows the average service time for back-up unit responses for each priority level as entered into the base MAPP. Table 5 – Base MAPP Input Values for Average Service Time for Back-up Unit Responses by Priority Level MAPP Variable Value Average Back-up Time for Priority 1 Calls 55 minutes, 38 seconds Average Back-up Time for Priority 2 Calls 40 minutes, 18 seconds Average Back-up Time for Priority 3, 4, & 5 Calls 24 minutes, 16 seconds Self-Initiated and Administrative Time Variables The self-initiated time an officer spends on-duty is also taken into consideration in the development of the MAPP. This includes time in which an officer can target “hot spots,” perform directed patrol activities, participate in community policing activities, stop suspicious individuals, and make traffic stops, as well as other activities. In order to build the base MAPP and replicate the 2023 state of affairs in APD patrol, the total number of self-initiated activities performed by patrol officers and the average service time of these activities in calendar year 2023 were assessed and provided to the research team by CCSO personnel. The amount of time APD patrol officers spent on self-initiated activities in 2023 was 12.63 minutes per hour per patrol officer (see Table 6); 21.1% of each patrol shift. The MAPP also takes into account the administrative time an officer spends on-duty. Administrative time includes meal breaks, vehicle check/maintenance, briefing/roll call, shift preparation activities as well as end of shift activities, and paperwork that is not completed on calls 9 for service. The amount of administrative time spent by APD patrol officers was set at 13 minutes per hour per patrol officer (see Table 6); 21.7% of each patrol shift. Table 6 – Base MAPP Input Values for Self-Initiated and Administrative Time MAPP Variable Value Self-Initiated Time in Minutes per Hour per Officer 12.63 Administrative Time in Minutes per Hour per Officer 13.0 Response Time Variables In order to determine the number of officers needed to meet the response time goals to calls for service, it is necessary to assess three variables. First, the actual response time values for APD must be established. Response times are based on the amount of time from the call being queued in dispatch to arrival of the officer on the scene. Therefore, the response times include the hold time in dispatch while a dispatcher is waiting for an officer to become available to answer the call for service which is why response times are higher for Priority 3+ calls (see Table 7). The response time values in Table 7 were provided to the research team by CCSO personnel and are based on 2023 data. Second, the response time objectives established in the MAPP require that the size of the geographic area covered by patrol be taken into account. The City of Anna encompasses 16.45 square miles. This value was used in the development of the base MAPP (see Table 7). Third, average response speed to emergency and non-emergency calls for service must be determined. Since data on average response speeds were not available from APD, the average response speeds from previous allocation studies conducted by the research team were used. These response speeds were validated in a study supported by the National Highway Traffic Safety Administration. The response speeds may seem low but they take into account the time in which the officer must stop at stop lights (for non-emergency activities), slow down due to traffic conditions, as well as other circumstances which cause the patrol vehicle to slow down. The response time data used in the development of the base MAPP are presented in Table 7. Table 7 – Base MAPP Input Values for Response Time Variables MAPP Variable Value Response Time for Priority 1 Calls 4 minutes, 55 seconds Response Time for Priority 2 Calls 6 minutes, 9 seconds Response Time for Priority 3, 4, & 5 Calls 9 minutes, 36 seconds Area (square miles) 16.45 square miles Average Response Speed to Emergency Calls for Service 39 mph Average Response Speed to Non-Emergency Calls for Service 19 mph 10 Immediate Availability Variables It is critical for APD to have enough patrol officers on-duty to be able to immediately respond to Priority 1 calls for service. In determining the number of officers needed to have an officer immediately available to respond to an emergency call for service, two variables are taken into account. First, the percentage of time at least one officer is available to immediately respond to an emergency call for service was determined. The immediate availability standard was set at 95% by APD personnel which was then used in the base MAPP (see Table 8). For the base MAPP, the percentage of time one patrol officer will be available to immediately respond to a Priority 1 call for service was set at 95% and is certainly a reasonable expectation due to both the rarity and severity of Priority 1 calls. Second, when determining the number of officers needed to provide an immediate response to a Priority 1 call for service, it is assumed that there are occasions when an officer who is on another call for service or self-initiated or administrative activity can clear that call or activity and respond to the Priority 1 call. When the officer is finished responding to the Priority 1 call for service, then the officer can return to the previous call or activity if necessary. Therefore, a certain percentage of calls for service, self-initiated activities, and administrative activities can be preempted if an officer is needed to respond to a Priority 1 call for service. However, it is argued that some calls for service or self-initiated activities cannot or should not be preempted because of the severity of the call for service, potential escalation, or because of citizen satisfaction reasons. The values established for the immediate availability performance objective are illustrated in Table 8. These values are policy decisions/administrative goals which were provided to the research team by APD personnel. Table 8 – Base MAPP Input Values for Immediate Availability Variables MAPP Variable Value Percentage of time an officer will be available to immediately respond to a Priority 1 call 95% Percentage of calls for service that cannot be preempted 40% Percentage of administrative activities that cannot be preempted 10% Percentage of self-initiated activities that cannot be preempted 30% Visibility Variables In order to determine the number of officers needed to meet the visibility performance objective, it is necessary to assess three variables. First, the visibility objective for two types of roadways must be set: 1) highway and arterial roadways, and 2) collector and residential streets. These objectives are based on the answer to the following questions: 1) how often should a patrol officer pass any given point on a highway or arterial roadway? and 2) how often should a patrol officer pass any given point on a collector or residential street? Basically, if a person was to stand on a 11 street, how often should they see a patrol officer? The visibility objectives were set at 4 hours for highway and arterial roadways and 24 hours for collector and residential streets. These standards were provided to the research team by APD personnel. These standards basically mean that an officer should pass any given point on a highway or arterial roadway once every 4 hours and any given point on a collector or residential street every 24 hours. It is also important to remember that this performance objective is basically an average. Therefore, there will be some residential roadways in which an officer is seen more frequently than once every 24 hours. Likewise, there will be some residential roadways in which an officer is seen less frequently than the visibility objective. Second, the visibility objectives established in the MAPP require that the number of roadway miles be taken into account. The number of highway/arterial and collector/residential roadway miles was provided to the research team by APD personnel. Roadways with a 35-mph speed limit or lower were considered collector/residential roadways and roadways with a 40-mph speed limit or higher were considered highway/arterial roadways. The City of Anna documents 214.9 miles of highway/arterial roadways and 347.4 miles of collector/residential streets. Third, average patrol speed must be determined. Since average patrol speeds were not available from APD, the average patrol speeds from previous allocation studies conducted by the research team were used. These patrol speeds were validated in a study supported by the National Highway Traffic Safety Administration. The patrol speeds may seem low but they take into account the time in which the officer must stop at stop signs, slow down to verify or dispel suspicious circumstances, and identify precursors to criminal activity. The visibility objective data used in the development of the MAPP are presented in Table 9. Table 9 – Base MAPP Input Values for Visibility Variables MAPP Variable Value Visibility Objective – Highway/Arterial Roadways (hours) 4 Visibility Objective – Collector/Residential Streets (hours) 24 Miles of Highway and Arterial Roadways 214.9 Miles of Collector and Residential Streets 347.4 Average Patrol Speed – Highway/Arterial Roadways 24 mph Average Patrol Speed – Collector/Residential Streets 14 mph Weights for Performance Objectives As discussed, the MAPP focuses on several performance objectives. By weighting the performance objectives, APD command staff can decide which of the performance objectives is most important and thus should hold more weight in determining the number of officers that need to be assigned to patrol. The weights must add up to 100%. For example, if APD command staff feels that each performance objective is equally important, then a 20% weight is assigned to each 12 performance objective. A 25% weight was assigned to the response time to Priority 1 calls objective, the immediate availability objective, and the patrol visibility objective. A 15% weight was assigned to the response time to Priority 2 calls objective while a 10% weight was assigned to the response time to Priority 3 calls objective (see Table 10). The Priority 1 response time objective, the immediate availability objective, and the patrol visibility objective are most important and thus will hold more weight in the determination of the number of officers that should be assigned to patrol. Table 10 – Base MAPP Input Values for Performance Objective Weights MAPP Variable Value Response Time Goal for Priority 1 Calls Objective Weight 25% Immediate Availability Objective Weight 25% Patrol Visibility Objective Weight 25% Response Time Goal for Priority 2 Calls Objective Weight 15% Response Time Goal for Priority 3 Calls Objective Weight 10% Leave Percentage The annual number of hours of leave taken by patrol officers for each category of leave (i.e., vacation leave, sick leave, holiday leave, training time, among others) in 2023 was utilized by the research team to calculate the leave percentage. Patrol officers averaged 354 hours of leave per officer in 2023; leave percentage of 16.97%. Two Officer Units The percentage of time patrol units are staffed with two officers was also taken into account in the development of the base MAPP. Two officer units are not utilized in APD; the value was set at 0% in the base MAPP. Percentage of Patrol Sergeant Time Spent as Primary Unit Responder to CFS The percentage of time patrol sergeants spend as primary responders to calls for service was also taken into account in the development of the base MAPP. Based on data provided to the research team by APD personnel, the percentage of time a patrol sergeant spends as a primary unit responder to calls for service was set at 10% in the base MAPP. Ideally, APD will reduce the percentage of time patrol sergeants spend as primary responders as additional patrol officers are hired. Patrol sergeants need to spend their time supervising patrol officers, not serving as primary responders to calls for service except under exigent circumstances. Patrol sergeants who are the primary responder on a call for service are unavailable to supervise patrol officers. It is reasonable for patrol sergeants to serve as back-up unit responders, because they can both supervise the primary responder and be available for supervision of other on-duty patrol officers as needed. This 13 aligns with best practices within law enforcement and should become a goal of the APD command staff as they implement this strategic staffing plan. RESULTS OF THE BASE MAPP MODELING PROCESS Table 11 illustrates the value for each variable used in the development of the base MAPP which depicts the 2023 state of conditions in APD patrol. The base MAPP is an accurate reflection of the 2023 conditions in APD patrol and the concurrent validity (i.e., accuracy) of the MAPP has been established. Validation is always completed to a known factor. In this case, the known factor is the number of authorized APD patrol officers and corporals (n=26). 14 Table 11 – MAPP Variables and Determination of Staffing Needs Call for Service and Service Time Variables Base MAPP: 2023 Data Variables Changed for 3-Year Strategic Staffing Plan Annual number of Priority 1 CFS (includes primary unit only) 792 1,259 Annual number of Priority 2 CFS (includes primary unit only) 1,584 2,517 Annual number of Priority 3, 4, & 5 (includes primary unit only) 8,943 14,213 Average service time per Priority 1 CFS (includes primary unit only) 55 min., 38 sec. Average service time per Priority 2 CFS (includes primary unit only) 40 min., 18 sec. Average service time per Priority 3, 4, & 5 CFS (includes primary unit only) 24 min., 16 sec. Annual number of back-up unit responses to Priority 1 CFS 1,188 1,888 Annual number of back-up unit responses to Priority 2 CFS 951 1,510 Annual number of back-up unit responses to Priority 3, 4, & 5 CFS 1,789 2,843 Average service time per back-up response to Priority 1 CFS 55 min., 38 sec. Average service time per back-up response to Priority 2 CFS 40 min., 18 sec. Average service time per back-up response to Priority 3, 4, & 5 CFS 24 min., 16 sec. Self-Initiated and Administrative Time Variables Performance objective - Self-initiated time in minutes per hour per officer 12.63 minutes 20 minutes Performance objective - Administrative time in minutes per hour per officer 13.0 minutes Response Time Variables Performance objective – Response time goal for Priority 1 calls (minutes) 4 min., 55 sec. 4 minutes Performance objective – Response time goal for Priority 2 calls (minutes) 6 min., 9 sec. 8 minutes Performance objective – Response time goal for Priority 3, 4, & 5 calls (minutes) 9 min., 36 sec. 10 minutes Area (square miles) 16.45 square miles Average response speed (mph) for emergency activities 39 mph Average response speed (mph) for non-emergency activities 19 mph Immediate Availability Variables Performance objective - Percentage of time an officer will be available to immediately respond to a Priority 1 call 95 percent Percentage of calls for service that cannot be preempted 40 percent Percentage of administrative activities that cannot be preempted 10 percent Percentage of self-initiated activities that cannot be preempted 30 percent Visibility Variables Performance objective - Visibility objective (hours), highway/arterial roadways 4.0 hours Performance objective - Visibility objective (hours), collector/residential roadways 24.0 hours Number of miles, highway/arterial roadways 214.9 miles Number of miles, collector/residential roadways 347.4 miles Average patrol speed, highway/arterial roadways (mph) 24 mph Average patrol speed, collector/residential roadways (mph) 14 mph Weights for Performance Objectives Response time goal for Priority 1 calls objective weight (percentage) 25 percent Immediate availability objective weight (percentage) 25 percent Patrol visibility objective weight (percentage) 25 percent Response time goal for Priority 2 calls objective weight (percentage) 15 percent Response time goal for Priority 3 calls objective weight (percentage) 10 percent Leave Percentage Average Percentage of Time on Leave 16.97 percent Additional Variable Percentage of time patrol units staffed with two officers 0.0 percent Percentage of time patrol sergeant spends as primary unit responder to CFS 10.0 percent 15 SECTION II: STRATEGIC PATROL STAFFING PLAN Since concurrent validity was established in the development of the base MAPP, this section of the report focuses on building a strategic staffing plan for APD patrol and the predictive validity of the MAPP. Predictive validity addresses the ability of the MAPP to accurately determine the results that will occur in the future when additional patrol officers are added in APD. Since the base MAPP demonstrated the concurrent validity of the MAPP as a mathematical replication of the 2023 conditions within APD patrol, the MAPP can accurately determine future patrol staffing needs by modifying the variables utilized in the base MAPP. Any of the values in the base MAPP can be modified and the patrol staffing needs to meet the new performance objective accurately determined. Therefore, the predictive validity of the MAPP can be established and the APD command staff can have confidence that the increases in patrol staffing will result in the intended benefits. BUILDING THE STRATEGIC STAFFING PLAN FOR PATROL As illustrated in Table 11, the rows highlighted in blue reflect the variables that were changed from the base MAPP to build the strategic staffing plan for APD patrol. All other variables remained the same as used in the base MAPP. The changes made to the base MAPP and the need for additional patrol officers over the next three years are discussed in this section. All values used in the development of the base MAPP fit within the expected norms established by the research team in prior staffing studies with the exception of the variables discussed in this section of the report. 1) Calls for Service and Back-up Unit Responses Calls for service responses for both primary and back-up units are expected to increase over the next three years within APD due to the residential and commercial development and growth previously discussed and its accompanying increase in patrol workload (i.e., calls for service). As noted, the population of the City of Anna has increased an average of 19.32% annually since 2020 according to the U.S. Census Bureau and APD has experienced a 16.3% annual increase in calls for service over the past three years. Connecting call for service growth to population growth is a conservative means to calculate increases in calls for service since it assumes there are no changes in other factors, besides population numbers, that impact calls for service. As an example, commercial establishments typically generate more calls for service than a single-family residence. An increase in commercial establishments in the City of Anna, and the in migration this may cause, are not reflected in resident population figures. As another example, multi-family residential properties typically generate more calls for service than single-family residences, even if the population numbers of both are the same. As the City of Anna moves to more multi-family housing as its growth continues as previously discussed, more calls for service can be expected. 16 To make future projections for calls for service, the research team applied a 16.7% annual growth percentage to the calls for service used in the development of the base MAPP as illustrated in Table 11. The percentage reflects the call for service growth experienced by APD over the past three years, annual increases in population since 2020, as well as expected commercial growth. The calls for service and back-up unit response values highlighted in blue in Table 11 are the expected number of calls for service and back-up unit response values in calendar year 2027; three-year projection with a 16.7% annual growth percentage. 2) Response Times to Calls for Service As reflected in Table 11, response time values were modified to develop the strategic patrol staffing plan. In 2023, the average response time for Priority 1 calls was 4 minutes, 55 seconds. Priority 1 calls involve crimes in-progress and incidents that put citizens in imminent danger where rapid response matters. These incidents are critical, where minutes, and even seconds, can have a major impact on the outcome of the incident. Rapid response to Priority 1 calls for service can increase the probability of arrest of the suspect at the scene of the offense, decrease injuries suffered by the victim, decrease property loss and destruction, and deescalate the situation due to officer presence. Based on input from the APD command staff, the response time goal for Priority 1 calls was lowered to 4 minutes, 0 seconds in the development of the strategic patrol staffing plan (see Table 11). In 2023, the average response time for Priority 2 calls was 6 minutes, 9 seconds. Based on input from the APD command staff, the response time goal for Priority 2 calls was slightly increased to 8 minutes in the development of the strategic patrol staffing plan. In addition, based on input from the APD command staff, the response time for Priority 3, 4, and 5 calls was slightly increased from the 2023 value of 9 minutes, 36 seconds in the base MAPP to 10 minutes in the MAPP developed for the strategic patrol staffing plan (see Table 11). The increased response time goals somewhat mitigate the impact of decreasing the response time goal to Priority 1 calls for service. It is further justified by the less urgent nature of Priority 2 and 3, 4, & 5 calls for service within APD. 3) Self-initiated time in minutes per hour per officer Self-initiated time in minutes per hour per officer was increased from the current 12.63 minutes in the base MAPP calculated on actual 2023 data to 20 minutes (i.e., 33.3% of each shift) in the MAPP developed for the strategic patrol staffing plan as illustrated in Table 11. This will allow patrol officers to spend one-third of each shift on self-initiated, proactive, and community-based activities. This standard fits with the norms established by the research team in prior staffing studies of between 25%-35% self-initiated time on each shift, aligns with the long-established national standard of 33% of each shift should be allocated for self - 17 initiated activities, and corresponds with current best practices in law enforcement to accommodate modern police service demands. All of the other variables in the base MAPP remained the same in the MAPP developed for the strategic patrol staffing plan. Based on the modifications made to the validated base MAPP for the strategic patrol staffing plan, APD patrol staffing increases are necessary to increase the capacity of the APD patrol officers to absorb expected increases in calls for service, to increase self-initiated time, and to decrease Priority 1 response times. With these changes, APD patrol will align with contemporary patrol staffing standards and be able to continue to offer the level of police service expected by the community. This represents an increase of 16 patrol officers over the current patrol allocation of 22 patrol officers and 4 patrol corporals. Staffing changes of this magnitude do not typically occur quickly. Therefore, the strategic patrol staffing plan will accomplish the addition of 16 patrol officers over a three-year period. The City of Anna needs to make steady progress towards the goal of adding 16 patrol officers over the next 3 years. Without additional staffing, the APD patrol officers will not be able to absorb the expected increases in calls for service, reduce Priority 1 response times, and increase self-initiated activities without negatively impacting other patrol performance objectives (e.g., response times to Priority 2-5 calls for service, immediate availability, and patrol visibility). The implementation of the strategic patrol staffing plan as designed will allow APD patrol officers to do the following: • Annually respond to an expected 16.7% annual increase in calls for service; Recommendation #1: Based on the results of the validated MAPP, it is recommended that 42 patrol officers and corporals be assigned within APD by the end of fiscal year 2027-28. This includes 38 patrol officers and 4 patrol corporals. Currently, Anna PD is authorized 22 patrol officers and 4 patrol corporals. Therefore, the recommendation is for 16 additional patrol officers. Implementation Timeframe: FY 2025-26 – Add 4 patrol officers FY 2026-27 – Add 6 patrol officers FY 2027-28 – Add 6 patrol officers 18 • Respond to Priority 1 calls for service in 4 minutes, Priority 2 calls for service in 8 minutes, and Priority 3 calls for service in 10 minutes; • Have one officer available to immediately respond to a Priority 1 call for service 95% of the time; • Provide a significant level of police visibility in the community; • Spend 33.3% of their shift on self-initiated activities; • Spend 21.7% of their shift on administrative activities; and, • Maintain the current leave rate for patrol officers. APD’s Future: Points to Consider In concluding this section of the report, a few points to consider are offered as APD implements a strategic staffing plan. First, since the validity of the MAPP was established, it is expected the benefits described in the previous section will be realized as patrol staffing increases occur (i.e., ability to handle increases in calls for service, increased self-initiated time, and decreased Priority 1 response time) without negatively impacting other patrol performance objectives. It is recommended that APD personnel measure the benefits obtained each year as staffing increases occur to further validate the results of the added patrol personnel. Second, the APD command staff should be cognizant of the benchmarks established for patrol in this report and measure their maintenance annually. For example, the patrol staffing levels are established to allow APD patrol officers to respond to an annual increase in calls for service. If the annual increase in calls for service is larger or smaller than projected, then new benchmarks for annual calls for service should be established through trend analysis and the patrol staffing increases recommended in this report should be adjusted accordingly. In conclusion, these points are offered because the patrol modeling process is a dynamic process that needs to be routinely revisited because other variables besides the ones included in the model can impact the variables utilized in the modeling process. For example, as noted, the expected calls for service may actually be higher or lower than projected due to growth in the City of Anna. The model included in Table 11 is stagnant at this point based on the input values included during the modeling process. As variables both inside and outside the model change, the model should be refined to reflect current conditions. In the end, this can lead to a need for more than or less than the projected number of patrol officers over the next three years. 19 PATROL SUPERVISION Currently, the Anna PD Patrol Division is comprised of 4 patrol sergeants, 4 patrol corporals, 22 patrol officers, 1 K-9 officer, and 1 traffic officer. The Division is commanded by 1 lieutenant. With the implementation of this strategic staffing plan, 16 additional patrol officers will be added to APD. To align with contemporary staffing standards for law enforcement agencies, Anna PD should hire a second patrol lieutenant with one patrol lieutenant assigned to days and the second lieutenant assigned to nights. The workload of the one patrol lieutenant is immense and command level presence on the night shift is the next step in APD’s growth. The addition of a patrol lieutenant also maintains efficient unity of command and span of control. Therefore, the following recommendation is offered. Recommendation #2: Add 1 Patrol Lieutenant within Anna PD by the end of fiscal year 2027-28. Implementation Timeframe: FY 2025-26 – Add 1 Patrol Lieutenant 20 SECTION III: CRIMINAL INVESTIGATION DIVISION STAFFING This section of the report focuses on the personnel staffing levels within the Criminal Investigation Division. Table 12 illustrates the current authorized staffing levels within the Division. The Division has one sergeant, four detectives, and one property & evidence technician. Of the four detectives, one is assigned to the Child Advocacy Center - McKinney office, one is assigned to narcotics, and two are generalists, investigating property and violent crime reported to APD. The analysis presented in this section of the report will only include the APD Criminal Investigation Division personnel in which staffing changes are recommended over the next three years. If an APD personnel category is not discussed below, then no staffing changes above or below the current authorized staffing levels are recommended over the next three years. Table 12 – Criminal Investigations Division Staffing Position Classification Current Authorized Personnel Investigation Sergeant Sworn 1 Detective Sworn 4 Property & Evidence Technician Non-Sworn 1 Total Personnel: 6 ASSESSING STAFFING NEEDS WITHIN INVESTIGATIONS Investigative units can be categorized in many ways. One of the categorization means is to divide criminal investigations into reactive and proactive units. Even though each unit may provide both reactive and proactive services, one of the two characterizations is prominent in each unit. The activities of reactive units are primarily determined by incidents that have been reported by a citizen to a patrol officer that has been routed to the investigation’s sergeant for further review and then assigned to a detective for follow-up investigation. Based on the severity of the offense, not all cases are assigned for follow-up investigation because they are either unlikely to be solved or because staffing levels limit the number of cases that can be assigned to detectives. For each offense, the sergeant reads the initial report completed by the patrol officer and makes a case assignment decision based on the initial report. The sergeant considers several factors, as applicable, in deciding to assign a case or not including, seriousness of the offense, witness to the crime, knowledge of suspect’s name, traceable property, specific method of operation, value of property, and presence of usable physical evidence, among others. Within criminal investigations in law enforcement agencies, it is common for an equilibrium to be established in reactive investigative units regarding the number of new cases assigned each month to a detective and the total number of cases on the active caseload of each detective. Sergeants 21 may not assign certain cases when the equilibrium thresholds informally established in the unit have been reached. The impact may be greatest on cases that may be able to be solved with moderate to significant investigative effort. Due to current vacanci es and the caseloads of the current detectives, these marginal cases are less likely to be assigned. The workload of reactive investigations is quantifiable by assessing the number of cases referred to the investigation’s supervisor for further review and the case assignment practices within investigations. The APD investigative processes are most commonly traditional reactive processes. Case Assignment Analysis The case assignment process determines the workload within investigations that are reactive. To assess APD case assignment practices, the research team assessed the number of new cases assigned to each investigator from October 1, 2023 through September 30, 2024. The number of cases by offense were also reviewed for the same time period. There are two general measures of detective workload used in staffing assessments. The first is the overall caseload of the detective. The overall caseload is the total number of cases assigned to a detective and is the traditional measure of detective workload. The major weakness with this measure is that it is an inadequate reflection of the current activity of an individual detective. Some of the assigned cases may be awaiting forensic analysis while others may be waiting for additional witnesses to be interviewed. These types of cases are not being actively worked by the detectives, but they are still counted as part of their overall caseload. The second measure of detective workload is the number of new cases assigned to each detective each month. The second measure is the preferred measure to use in investigative staffing assessments because it is seen as a more accurate reflection of the current activity of detectives. Research on the criminal investigations process has routinely shown that around 95% of all cases cleared by arrest are cleared within the first 30 days. After 30 days, it is either unlikely that the case is going to be solved or the detective is waiting on evidence to be processed or lab results to be returned. Detectives are not spending much time on these types of cases, unless it is a major case, but they are still counted in their overall caseload. A revolving 30-day measure of the number of new cases assigned to each detective is seen as a more accurate measure of detective workload and is therefore used in this assessment. APD provided the research team with data on the total number of new cases assigned to each detective each month from October 1, 2023 through September 30, 2024 which is the primary measure used in this report to determine detective staffing needs. The total number of cases and monthly average of new cases for each detective are provided in Table 13. As previously 22 discussed, the average number of cases assigned by month to each detective is the preferred measure to use in investigative staffing assessments because it is seen as a more accurate reflection of the current activity of detectives. It is important to note that Detective 1 was newly assigned to the Criminal Investigations Division in Spring 2024. Therefore, the workload for Detective 1 in Table 13 does not include a full year and is limited in its interpretive value because of the reduced workload capacity of new detectives. Therefore, the workload of Detectives 2 and 3 is a more adequate reflection of a typical workload for an APD detective. Also, it is important to note that one of the detectives is assigned as a narcotics officer but continues to investigate non-drug cases because of the workload within the Division. Table 13 – Average Number of New Cases Assigned to Detectives Each Month Detective Total Cases Assigned in Year Average Number of New Cases Assigned each Month Detective 1 82 6.8 Detective 2 115 9.6 Detective 3 127 10.6 How many new cases should be assigned to a detective each month? National standards on the number of new cases that should be assigned to a detective in a month do not exist. The general standard set by the research team based on prior research, including time and motion studies in investigative units completed by the team, is a maximum of 12 cases per month for violent crimes or 20 cases per month for property crimes. Certainly, there are exceptions to this general standard based on the severity of the offense being investigated (e.g., a detective cannot investigate 12 murders each month) and complexity of the investigation (e.g., a detective cannot investigate 20 multistate burglary organizations each month) which is why it is considered a general standard allowing for supervisory discretion and a general threshold. Numerous factors impact the optimal number of new cases that should be assigned to a detective with the type of offense and complexity of the investigation being two prominent factors. In sum, the “12 cases per month for violent crimes or 20 cases per month for property crimes” general standard should be seen as a reasonable maximum standard. However, the standard should not be viewed as an absolute standard to allow for variation in caseload assignments based on supervisory discretion. An assessment of the type of offenses assigned to detectives illustrates that the offenses investigated by APD detectives are a mixture of property, violent, and public order crimes. The 10 most common individual offenses investigated by APD detectives from October 1, 2023 through September 30, 2024 were assault (134 cases), theft (128 cases), drug offense (117 cases), DWI (91 23 cases), disorderly conduct (86 cases), vandalism (60 cases), burglary (54 cases), fraud (43 cases), sex offenses and sexual assault (29 cases), and weapons offenses (23 cases). As discussed in the patrol staffing section of this report, calls for service are expected to increase 16.7% annually over the next three years. Some of these increased calls for service will involve crimes currently investigated by the Criminal Investigations Division. It is reasonable to expect that the workload of the division detectives will increase over the next three years and a recommendation for additional detectives is warranted based on the data analysis. In addition, the workload of the detective assigned to narcotics should be isolated to drug offenses and his generalist caseload should be reduced and assigned to generalist detectives in the Division. Therefore, the following recommendation is offered. Recommendation #3: Add 2 detectives within Anna PD by the end of fiscal year 2027- 28. Implementation Timeframe: FY 2025-26 – Add 1 detective FY 2027-28 – Add 1 detective 24 SECTION IV: ADDITIONAL PERSONNEL STAFFING NEEDS Currently, the role of community engagement officer is being performed by a patrol officer. Approximately, 50% of the officer’s on-duty time is spent on patrol while 50% is spent on community engagement activities. As the City of Anna has grown, the need for a full -time community engagement officer has become evident. The officer can work with neighborhoods, apartment complexes, businesses, and other organizations and take on special assignments such as working with residents with mental illness who are identified during calls for service. Therefore, the following recommendation is offered. Currently, APD does not have a full-time administrative assistant for the APD command staff. The responsibilities of an administrative assistant are currently divided among other APD personnel. As Anna PD continues to add personnel and the city continues to grow, the need for a full-time administrative assistant who can assist the command staff is essential. Therefore, the following recommendation is offered. Recommendation #4: Add 1 community engagement officer within Anna PD by the end of fiscal year 2027-28. Implementation Timeframe: FY 2025-26 – Add 1 community engagement officer Recommendation #5: Add one full-time administrative assistant within Anna PD by the end of FY 2027-28. Implementation Timeframe: FY 2027-28 – Add 1 administrative assistant 25 SECTION V: SUMMARY OF STAFFING RECOMMENDATIONS BY FISCAL YEAR The personnel staffing recommendations for the next three years are included in Table 14. Table 14 – Summary of Staffing Recommendations by Fiscal Year Positions – FY 2025-26 Classification Number of Positions Community Engagement Officer Sworn 1 Detective Sworn 1 Patrol Lieutenant Sworn 1 Patrol Officer Sworn 4 Total New Positions: 7 Positions – FY 2026-27 Classification Number of Positions Patrol Officer Sworn 6 Total New Positions: 6 Positions – FY 2027-28 Classification Number of Positions Administrative Assistant Non-Sworn 1 Detective Sworn 1 Patrol Officer Sworn 6 Total New Positions: 8 26 SECTION VI: LIST OF RECOMMENDATIONS Recommendation #1: Based on the results of the validated MAPP, it is recommended that 42 patrol officers and corporals be assigned within APD by the end of fiscal year 2027-28. This includes 38 patrol officers and 4 patrol corporals. Currently, Anna PD is authorized 22 patrol officers and 4 patrol corporals. Therefore, the recommendation is for 16 additional patrol officers. Implementation Timeframe: FY 2025-26 – Add 4 patrol officers FY 2026-27 – Add 6 patrol officers FY 2027-28 – Add 6 patrol officers Recommendation #2: Add 1 Patrol Lieutenant within Anna PD by the end of fiscal year 2027- 28. Implementation Timeframe: FY 2025-26 – Add 1 Patrol Lieutenant Recommendation #3: Add 2 detectives within Anna PD by the end of fiscal year 2027-28. Implementation Timeframe: FY 2025-26 – Add 1 detective FY 2027-28 – Add 1 detective Recommendation #4: Add 1 community engagement officer within Anna PD by the end of fiscal year 2027-28. Implementation Timeframe: FY 2025-26 – Add 1 community engagement officer Recommendation #5: Add one full-time administrative assistant within Anna PD by the end of FY 2027-28. Implementation Timeframe: FY 2027-28 – Add 1 administrative assistant 27 APPENDIX A Eric J. Fritsch, Ph.D. Police Staffing Assessment Credentials and Experience 28 Dr. Fritsch is the owner/operator and principal researcher of Justice Research Consultants, LLC. He holds a doctoral degree (Ph.D.) in Criminal Justice from Sam Houston State University. He also earned a master’s degree (M.A.) in Criminal Justice and Criminology and a baccalaureate degree (B.S.) in Law Enforcement and Police Science. Dr. Fritsch has substantial prior experience working with law enforcement agencies throughout the United States and has completed work internationally. In particular, he has 25 years of experience conducting staffing assessments for law enforcement agencies. Over the past several years, he has completed or is currently completing staffing assessments for the below law enforcement agencies in the United States. Municipal Police Departments • Aberdeen, WA • Allen, TX • Anaheim, CA • Anna, TX • Andover, KS • Buena Park, CA • Cedar City, UT • Cedar Park, TX • Cibolo, TX • Clayton, MO • Denison, TX • Denton, TX • DeSoto, TX • Elk Grove, CA • El Paso, TX • Farmers Branch, TX • Farmersville, TX • Forney, TX • Fredericksburg, VA • Frisco, TX • Fullerton, CA • Gainesville, TX • Georgetown, TX • Hutto, TX • Irving, TX • Kaysville, UT • Lenexa, KS • Mansfield, TX • Marble Falls, TX • McKinney, TX • Middleton, WI • Midland, TX • Midlothian, TX • North Richland Hills, TX • Oconomowoc, WI • Overland Park, KS • Papillion, NE • Princeton, TX • Prosper, TX • Richardson, TX • Roanoke, TX • Rowlett, TX • Sachse, TX • Santa Ana, CA • Sherman, TX • Show Low, AZ • Sierra Vista, AZ • St. George, UT • Van Alstyne, TX • Weatherford, TX • Westminster, CA • Wheat Ridge, CO • Wylie, TX County Sheriff Offices • Collin County, TX • Guilford County, NC • Shelby County, AL • St. Martin Parish, LA Special District Police Departments • Bay Area Rapid Transit, CA • Dallas Area Rapid Transit, TX • Los Angeles World Airports, CA • Los Angeles County Metropolitan Transportation Authority, CA • Riley County, KS • Santa Clara County Transportation Authority, CA • University of North Texas Dr. Fritsch has conducted police staffing work internationally as well. He has completed patrol allocation and deployment studies for the Norwegian National Police, Regina Saskatchewan Canada Police Service and Riyadh Saudi Arabia. In addition, he conduc ted training on police patrol allocation and deployment modeling to Turkish Gendarmerie commanders in Istanbul, Turkey in May 2014. 29 In recognition of his expertise in conducting police staffing assessments, Dr. Fritsch provided training on “how to” conduct police staffing assessments at the 2013 annual meeting of the International Association of Law Enforcement Planners. Dr. Fritsch is a national expert on police staffing, patrol allocation and deployment strategies. In addition, Dr. Fritsch developed proprietary software called the Model for the Allocation of Patrol Personnel (MAPP). MAPP is one of only a very few modern police patrol allocation and deployment models in existence and is the only model that has been stringently validated. In addition, Dr. Fritsch has completed the only in-depth study of police staffing sold nationally as a primary book: Police Patrol Allocation and Deployment (Prentice-Hall, 2009). Finally, Dr. Fritsch serves as a professor in the Department of Criminal Justice at the University of North Texas (UNT) where he has worked for 28 years. He has taught graduate level research methods for 25 years at UNT and has authored Applied Research Methods in Criminal Justice and Criminology (New York: McGraw-Hill, 2014 and University of North Texas Press, 2025) demonstrating his research expertise. Three-Year Strategic Staffing Plan Anna Police Department Presented by: Eric J. Fritsch, Ph.D. Justice Research Consultants, LLC February 25, 2025 The purpose of the assessment is to determine the number of personnel needed within Anna PD over the next three years to maintain high-quality police service during significant growth Police staffing assessment credentials and experience Multi-faceted methodology utilized §Comprehensive review of documents and data §City of Anna and Anna Police Department § Interviews with APD personnel § Review of nationally recognized best practices and contemporary staffing standards § Development of staffing models, as applicable ANNA PD THREE-YEAR STRATEGIC STAFFING PLAN Development of patrol staffing models - MAPP §38 variables used in the MAPP Workload measures: §Calls for service §Self-initiated activities §Administrative activities §Leave percentage Patrol performance objectives: §Response time §Immediate availability §Visibility ANNA PD THREE-YEAR STRATEGIC STAFFING PLAN Development of base MAPP and predictive model Modifications to base MAPP for predictive model §Calls for service and back up unit responses §Self-initiated time §Response times  Recommendation #1: Add 16 patrol officers §Authorized patrol strength = 38 patrol officers and 4 corporals ANNA PD THREE-YEAR STRATEGIC STAFFING PLAN Recommendation #2: Add 1 patrol lieutenant Recommendation #3: Add 2 detectives Recommendation #4: Add 1 community engagement officer Recommendation #5: Add 1 administrative assistant ANNA PD THREE-YEAR STRATEGIC STAFFING PLAN FY 2025-2026 (7 additional personnel) §1 community engagement officer, 1 detective, 1 patrol lieutenant, and 4 patrol officers FY 2026-2027 (6 additional personnel) §6 patrol officers FY 2027-2028 (8 additional personnel) §1 administrative assistant, 1 detective, and 6 patrol officers RECOMMENDATIONS TOTAL 21 ADDITIONAL PERSONNEL OVER NEXT 3 YEARS Questions? ANNA PD THREE-YEAR STRATEGIC STAFFING PLAN Item No. 6.a. City Council Agenda Staff Report Meeting Date: 2/25/2025 Staff Contact: AGENDA ITEM: Approve City Council Meeting Minutes for the January 28 Joint Meeting, and February 11, 2025 Meetings. (City Secretary Carrie Land) SUMMARY: FINANCIAL IMPACT: BACKGROUND: STRATEGIC CONNECTIONS: ATTACHMENTS: 1. 2025-01-28 Joint Meeting 2. 2025-02-11 Work Session 3. CCmin 2025-02-11 Final_ City Council and Planning and Zoning Joint Meeting Minutes Tuesday, January 28, 2025 @ 6:00 PM Anna Municipal Complex - Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council and Planning and Zoning Commission of the City of Anna met on 01/28/2025 at 6:00 PM in the Anna Municipal Complex-Council Chambers, located at 120 W. 7th Street, to consider the following items. 1.Call to Order, Roll Call, and Establishment of Quorum. a. City Council Mayor Cain called the meeting to order at 6:00 PM. Members Present: Mayor Pete Cain Mayor Pro Tem Stan Carver ll Deputy Mayor Pro Tem Elden Baker Council Member Kevin Toten Council Member Jody Bills Council Member Kelly Herndon Council Member Lee Miller Members Absent: None b. Planning and Zoning Commission Chair Walden called the meeting to order at 6:00 PM, Members Present: Chair Jessica Walden Commissioner Staci Martin Commissioner David Nvlec Commissioner Tom Longmire Commissioner Ashley Bergerson Commissioner Doug Hermann Members Absent: Vice-Chair Josh Vollmer 2.Invocation and Pledge of Allegiance. Commissioner Longmire led the Invocation and Pledge of Allegiance. 3.Neighbor Comments. Shawn Smith and Stephen Smith spoke in opposition to the process used during the updating of the 2050 Comprehensive Plan. 4.Reports. a. 2024 Volunteer Recognition. (Community Enhancement and Compliance Coordinator Olivia Demings) In 2024, 159 volunteers/groups (60 in the year prior) participated in the Anna Volunteers program for a total of 2,441 hours donated (286 in the year prior). Volunteers participated in special events, youth sports, and senior programming. Our Boards and Commissions members also served diligently, providing countless hours for the betterment of our community. 5.Work Session. a. Participate in a joint work session with the Planning and Zoning Commission facilitated by Kimley-Horn on the Anna 2050 Comprehensive Plan update. This presentation and discussion is a follow-up of the December 10, 2024 Joint City Council and Planning & Zoning Commission (P&Z) Workshop. The attached documents include a revised draft of the Place Type descriptions and Future Land Use Plan. At the Workshop, City Council and P&Z broke out into groups to discuss an initial draft of the Place Types and Future Land Use Map within the Anna 2050 Comprehensive Plan. The initial draft was created by Kimley-Horn created based on the November 12, 2024 Joint Council and P&Z meeting. 6.Adjourn. a. City Council Mayor Cain adjourned the meeting at 7:15 PM. b. Planning and Zoning Commission Chairperson Walden adjourned the meeting at 7:16 PM. APPROVED this _____ day of _____________, 2025 ____________________________________ Mayor Pete Cain ATTEST: _______________________________ City Secretary Carrie L. Land City Council Work Session Meeting Minutes Tuesday, February 11, 2025 @ 5:30 PM Anna Municipal Complex - Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna met on 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. 1.Call to Order, Roll Call, and Establishment of Quorum. Mayor Cain called the meeting to order at 5:30 PM. Members Present: Mayor Pete Cain Mayor Pro Tem Stan Carver ll Deputy Mayor Pro Tem Elden Baker Council Member Jody Bills Council Member Kelly Herndon Members Absent: Council Member Kevin Toten Council Member Lee Miller 2.Closed Session (Exceptions). Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to discuss any items listed or referenced on this Agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code §551.071). b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072). c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t Code §551.087). d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). MOTION: Council Member Herndon moved to enter closed session. Council Member Baker seconded. Motion carried 5-0 Mayor Cain recessed the meeting at 5:32 PM. Mayor Cain reconvened the meeting at 6:00 PM. The Council further reserves the right to enter into Executive Session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 3. Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. No action was taken. 4.Adjourn. Mayor Cain adjourned the meeting at 6:00 PM. APPROVED this _____ day of _____________, 2025 ____________________________________ Mayor Pete Cain ATTEST: _______________________________ City Secretary Carrie L. Land Regular City Council Meeting Meeting Minutes Tuesday, February 11, 2025 @ 6:00 PM Anna Municipal Complex - Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna met on 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. 1.Call to Order, Roll Call, and Establishment of Quorum. Mayor Cain called the meeting to order at 6:00 PM. Members Present: Mayor Pete Cain Mayor Pro Tem Stan Carver ll Deputy Mayor Pro Tem Elden Baker Council Member Jody Bills Council Member Kelly Herndon Members Absent: Council Member Kevin Toten Council Member Lee Miller 2.Invocation and Pledge of Allegiance. Deputy Mayor Pro Tem Baker led the Invocation and Pledge of Allegiance. 3.Neighbor Comments. Alexa Sonck spoke about concerns over the draft amendment to the 2050 Comprehensive Plan. 4.Reports. a. Recognition of Mayor Cain by the Salvation Army. Mayor Cain was presented with a Certificate of Thank You and a bell from the McKinney Salvation Army, for his participation in the Mayor's Red Kettle Challenge. b. Neighbor Engagement and Inclusion Advisory Commission January 27, 2025 Meeting Action for Advisement. (Assistant City Manager Taylor Lough) Assistant City Manager Taylor Lough presented an action taken by the Neighbor Engagement and Inclusion Advisory Commission to advise City Council. On 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 table 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, Commissioner 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. 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) Assistant City Manager Greg Peters presented the item to discuss and consider a potential program for decorating sanitary sewer manholes along the Pecan Grove Trail Project. 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. 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 attached to the agenda packet showed the concept of the program. Once feedback is received, the City will take the next steps based on the direction of the City Council. Council would like to see this program further developed and brought back at a future meeting. 6.Consent Items. Council Member Herndon requested to pull item e for individual consideration. MOTION: Council Member Herndon moved to approve consent items a through d. Deputy Mayor Pro Tem Baker seconded. Motion carried 5-0. 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) 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. 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. 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) 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, 2025. The application was also reviewed by the Parks Advisory Board on Monday, February 10th and recommended for approval. 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. MOTION: Council Member Herndon moved to approve. Deputy Mayor Pro Tem Baker seconded. Motion carried 5-0 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) 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 were present to answer questions from the APFC Board. MOTION: Deputy Mayor Pro Tem Baker moved to approve. Council Member Herndon seconded. Motion carried 5-0 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) 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 require four separate meetings and two public hearings, which took place during the two regular City Council meetings in January and two in 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. This Public Hearing is to dissolve the Crystal Park Public Improvement District in accordance with Chapter 372 of the Texas Local Government Code. Mayor Cain opened the public hearing at 6:44 PM. No public comments. Mayor Cain closed the public hearing at 6:46 PM. 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) The item before the City Council is a resolution dissolving the Crystal Park Public Improvement District. MOTION: Deputy Mayor Pro Tem Baker moved to approve. Council Member Herndon seconded. Motion carried 5-0. 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. 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) 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. 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. MOTION: Mayor Pro Tem Carver moved to approve. Council Member Herndon seconded. Motion carried 5-0. 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. 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). MOTION: Council Member Herndon moved to enter closed session. Deputy Mayor Pro Tem Baker seconded. Motion carried 5-0. Mayor Cain recessed the meeting at 6:49 PM. Mayor Cain reconvened the meeting at 7:11 PM. 9. Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. No action taken. 10.Adjourn. Mayor Cain adjourned the meeting at 7:11 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: 2/25/2025 Staff Contact: Marc Marchand AGENDA ITEM: Review Minutes of the August 19, 2024, November 18, 2024 and January 13, 2025 Parks and Recreation Advisory Board Meeting. (Director of Neighborhood Services Marc Marchand) SUMMARY: This item is to provide the City Council with meeting minutes from recent Parks and Recreation Advisory Board Meetings. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The City of Anna Parks and Recreation Advisory Board is tasked with two primary objectives: 1. Provide recommendations to the City Council and City staff as requested from time to time on matters relating to the City's parks and recreation activities and facilities; and 2. Assist in the promotion of park-related programs and encourage donations of land, equipment, and resources in support of parks and recreation activities. The board generally meets on a monthly basis, and is comprised of seven Anna neighbors appointed by the City Council. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Active. ATTACHMENTS: 1. 8-19-2024 Park Advisory Board Meeting Minutes 2. 11-18-2024 Park Advisory Board Meeting Minutes 3. 1-13-2025 Park Advisory Board Meeting Minutes Meeting MINUTES ANNA PARKS ADVISORY BOARD MEETING Monday, August 19, 2024 @ 6:00 PM Anna Municipal Complex 120 W 7th street Anna, TX 75409 The Parks Advisory Board of the City of Anna met at 6:00PM, on August 19, 2024, at Anna Municipal Complex, located at 120 W. 7th Street, Anna TX 75409, to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum Parks Advisory Board Member Susan Jones called the meeting to order at 6:03pm. Quorum was established. The following Parks advisory board members were in attendance Susan Jones, Rachel Sinagra, Kennon Weaver, Choya Morrison and Alastair Hunte. Chad Fisher and Jeff Reece were absent. Staff present included Assistant Director of Neighborhood Services Jeff Freeth, Park Planning and Development Manager Dalan Walker, and Assistant City Manager Greg Peters. 2.Invocation and Pledge of Allegiance. Parks Advisory Board Member Alastair Hunte led the Pledge of Allegiance and Prayer. 3.Neighbor Comments – no comments made 4.Receive a Report Received a report on parks maintenance and recreation programs and events 5.Project Updates a.Received a report on CIP Project Update b.Parks Planning and Development manager Dalan, discussed the updated master plan for Anna Crossing Park based on new research done into the functionality of the ponds has been concluded. c.The TAS inspection has been completed for the Skatepark at Slayter Creek Park. This project is now complete and will be removed from next month's report. 6.Items for Individual Consideration a.Discuss, Consider, Action on a park naming recommendation for a park to be dedicated by Don Collins MOTION: Park Advisory Board Member Alastair Hunte made a motion for the Villages of Waters Creek park to be named “Carols’s Park”. Seconded by Kennon Weaver. Motion Carried. b.Discuss, Consider, Action on Parks Advisory Board meeting minutes on July 15, 2024. MOTION: Park Advisory Board Member Alastair Hunte made a motion to approve the minutes Seconded by Choya Morrision. Motion Carried. c.Discuss, Consider, Action on date for parks board members tour of parks on September 16, 2024. The Parks Advisory Board will tour city parks at the beginning of next month’s meeting on September 16th. 7.Items for Future Consideration – No item 8.Adjourn. Parks Advisory Board member Susan Jones adjourned the meeting at 6:31pm. _____________________________________ Marc Marchand, Director of Neighborhood Services ATTEST: _______________________________ Susan P Jones (Feb 19, 2025 22:42 CST) Meeting MINUTES ANNA PARKS ADVISORY BOARD MEETING Monday, November 18, 2024 @ 6:00 PM Anna Municipal Complex 120 W 7th Street Ann, TX 75409 The Parks Advisory Board of the City of Anna met at 6:00PM, on November 18, 2024, at Anna Municipal Complex, located at 120 W. 7th Street, Anna TX 75409, to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum Parks Advisory Board Member Susan Jones called the meeting to order at 6:00pm. Quorum was established. Following Parks advisory board members were in attendance Susan Jones, Jeff Reece, Rachel Sinagra, Choya Morrison, Alastair Hunte, Chad Fisher and Nichole Hunt. Kennon Weaver was absent. Staff present included Park Planning and Development manager Dalan Walker, Assistant City Manager Greg Peters, Director of Neighborhood services Marc Marchand. 2. Invocation and Pledge of Allegiance Parks Advisory Board Member Alastair Hunt led the Pledge of Allegiance and Prayer. 3. Neighbor Comments – No comments made 4. Receive a Report a.Received a report on parks maintenance and recreation programs and events b.Received a report on Bryant Park master plan and professional services agreement. c.Receive a report on the trail connection to the new playground at Natural Springs Park. d.Receive a report on the inclusion of a dog park add-alternate in the Anna Crossing Park project. e.Receive a report on the scope of the park system master plan update by Freese & Nichols. f.Receive a report on the park improvements at Carol Park (Meryl Street Park land dedication) 5. Project Update. a. Received report on CIP Project Update 6. Items for Individual Consideration a.Discuss, Consider, Action on a park naming recommendation for Anna Crossing Park (working name) Item is tabled to next meeting. b.Discuss, Consider, Action on Parks Advisory Board meeting minutes on August 19th, 2024 MOTION: Park Advisory Board Member Susan Jones made a motion to approve the minutes Seconded by Alastair Hunte. Motion Carried. c.Discuss, Consider, Action on a professional services agreement with Project Advocates. MOTION: Park Advisory Board Member Susan Jones made a motion to approve a professional services agreement with Project advocates. Seconded by Chad Fisher. Motion Carried. d.Discuss, Consider, Action on the addition of a second fitness court utilizing a grant through the National Fitness Campaign. MOTION: Park Advisory Board Member Alastair Hunte made a motion to support applying for a grant for the addition to a second fitness court. Second, by Choya Morrision. Motion Carried. e.Discuss, Consider, Action on canceling the December Parks meeting due to holiday and moving January Parks meeting due to Martin Luther King day. MOTION: Park Advisory Board Member Choya Morrision made a motion to approve canceling December's Parks meeting and moving January's Parks meeting due to holidays. Seconded by Chad Fisher. Motion Carried. 7.Items for Future Consideration – No item 8.Adjourn. Parks Advisory Board member Susan Jones adjourned the meeting at 6:56pm. ______________________________________ Marc Marchand, Director of Neighborhood Services ATTEST: _______________________________ Susan P Jones (Feb 19, 2025 22:44 CST) Meeting MINUTES ANNA PARKS ADVISORY BOARD MEETING Monday, January 13, 2025 @ 6:00 PM Anna Municipal Complex 120 W 7th Street Ann, TX 75409 The Parks Advisory Board of the City of Anna met at 6:00PM, on January 13,2025, at Anna Municipal Complex, located at 120 W. 7th Street, Anna TX 75409, to consider the following items. 1. Call to Order, Roll Call and Establishment of Quorum Parks Advisory Board Member Susan Jones called the meeting to order at 6:00pm. Quorum was established. The following Parks advisory board members were in attendance Susan Jones, David Colegrove, Rachel Sinagra, Choya Morrison and Nichole Hunt. Kennon Weaver and Alastair Hunte were absent. Staff present included Park Planning and Development Manager Dalan Walker, Assistant City Manager Greg Peters, Director of Neighborhood Services Marc Marchand. 2. Invocation and Pledge of Allegiance Parks Advisory Board Member David Colegrove led the Pledge of Allegiance and Prayer. 3. Neighbor Comments Andy Michrina commented on the fact that the minutes from the last meeting were not available 4. Receive a Report a.Received a report on parks maintenance and recreation programs and events. 5. Project Update a.Received report on CIP Project Update. 6. Items for Individual Consideration a.Discuss, Consider, Action on a park naming recommendation for Anna Crossing Park (working name) MOTION: Park Advisory Board Member Nichole Hunt made a motion to name the park Finley Park. Second, by Choya Morrision. Motion Carried. 7.Items for Future Consideration a.Discuss, Consider, Action on subcommittees added to the February Parks Advisory Board meeting agenda. MOTION: Park Advisory Board Member Choya Morrision made a motion to add the agenda item sub committees to the February Parks meeting. Seconded by Nichole Hunt. Motion Carried 8.Adjourn Parks Advisory Board member Susan Jones adjourned the meeting at 6:18pm. ______________________________________ Marc Marchand, Director of Neighborhood Services ATTEST: _______________________________ Susan P Jones (Feb 19, 2025 22:43 CST) Item No. 6.c. City Council Agenda Staff Report Meeting Date: 2/25/2025 Staff Contact: Terri Doby AGENDA ITEM: Review Monthly Financial Report for the Month Ending January 31, 2025. (Budget Manager Terri Doby) SUMMARY: This report covers the financial performance for Fiscal Year 2025 through January 31, 2025. FINANCIAL IMPACT: Information only. BACKGROUND: The City of Anna's financial policies require the publication of a financial report monthly. Enclosed in the report is an executive dashboard that provides a high level look at major funds along with detailed reporting of sales tax collections. The financial condition of the City remains strong and the reported funds adhere to fund balance requirements. The FY2025 Budget was adopted on September 10, 2024. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. FY2025 City Council Monthly Financial Report January Positive Positive variance compared to historical trends Warning Negative variance of 3%-5% compared to historical trends Negative Negative variance of >5% compared to historical trends FY2025 FY2025 % Budget YTD REVENUES General Fund Property Taxes 13,093,602$ 8,794,068$ 67%Property taxes are due January 31st. Sales Tax 5,220,000 1,580,888 30%Remitted from the Comptroller with lag time of 30 - 60 days; includes remittances thru November. Franchise and Local Taxes 1,030,000 8,204 1%Franchise fees are paid quarterly. Charges for Services 1,000,000 549,265 55% Fines 400,000 110,843 28% This is likely a timing lag. Permits, Licenses and Fees 4,757,000 1,649,063 35% Investment Income 800,000 90,636 11% Other Revenues - 123,175 100% Revenue Total 26,300,602$ 12,906,142$ 49%With 33% of the year expired, revenues recorded are at 49% of budget but within historical norms. EXPENDITURES General Fund Expense Total 26,257,276$ 9,181,162$ 35%With 33% of the year expired, expenses are 35% of budget and include several one-time expenses. Utility Fund REVENUES Water Sales 11,125,000$ 4,561,235$ 41% Sewer Charges 8,525,000 3,329,693 39% Sanitation Revenue 3,730,000 1,282,191 34% Other Charges for Services 680,000 228,488 34% Permits, Licenses and Fees 2,083,000 255,668 12% Investment Income 502,000 61,739 12% Other Revenues 1,000 13,848 1385% Utility Fund Total 26,646,000$ 9,732,862$ 37%With 33% of the year expired, revenues recorded in the General Ledger are at 37% of budget. EXPENDITURES Administration 1,925,085$ 825,792$ 43% Includes one-time expense for property and liability insurance Water 7,986,169 2,621,175 33% Sewer 12,145,452 1,577,110 13% Sanitation 3,600,000 682,322 19% Utility Billing 1,167,911 580,204 50% Includes one-time expense for software. Utility Fund Total 26,824,617$ 6,286,603$ 23%With 33% of the year expired, expenses are 23% of budget. CITY OF ANNA GENERAL & UTILITY FUNDS DASHBOARD Through January 31, 2025 Favorable / Unfavorable % Change 2024-25 Collections from 2023-24 Collections Monthly Prior Year Monthly October 780,090$ 19% 655,358$ November 753,401 8% 695,026 December 995,930 30% 768,837 January 566,981 February 621,381 March 723,838 April 647,636 May 699,251 June 835,007 July 785,388 August 818,441 September 794,437 2,529,420$ 8,611,581$ Budget: 6,753,000 37% 6,753,100 CITY OF ANNA Schedule of Sales Tax Collections For the month December 31, 2024 $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 Monthly Sales Tax Collections: 3 Year Comparison FY2022-23 FY2023-24 FY2024-25 FY 2024-25 FY 2023-24 Monthly Monthly October 46 56 November 60 44 December 61 57 January 52 150 February 170 March 172 April 174 May 114 June 128 July 78 August 60 September 56 219 1,259 % Budget FY2025 Budget: 800 27% CITY OF ANNA Building Permits Received Thru the month January 31, 2025 0 20 40 60 80 100 120 140 160 180 200 Monthly Building Permits Received: 2 Year Comparison FY 2024-25 FY 2023-24 Item No. 6.d. City Council Agenda Staff Report Meeting Date: 2/25/2025 Staff Contact: Bernie Parker AGENDA ITEM: Review Minutes of the January 2, 2025, Joint Community Development Corporation and Economic Development Corporation Board Meeting. (Director of Economic Development Bernie Parker) SUMMARY: This item is for Council to review meeting minutes from the January 2, 2025, CDC/EDC Joint Board Meeting. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The CDC/EDC Board met on January 2, 2025, for their monthly Joint Board Meeting. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. January 2_2025 CDC EDC Joint Meeting Minutes (Signed) Item No. 6.e. City Council Agenda Staff Report Meeting Date: 2/25/2025 Staff Contact: Dean Habel AGENDA ITEM: Approve Police Department Report on 2024 racial profiling data that was submitted to the Texas Commission on Law Enforcement (TCOLE). (Police Chief Dean Habel) SUMMARY: Approve Police Department Report on 2024 racial profiling data that was submitted to the Texas Commission on Law Enforcement (TCOLE). Texas Occupations Code 1701.164 specifies that all law enforcement agencies are to collect the attached data and submit the report to TCOLE, as well as the city's governing body. This applies to all agencies designated as "Full Reporting." Anna PD is designated as a full reporting agency due to the fact that we routinely make traffic stops. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: Texas Occupations Code 1701.164 specifies that all law enforcement agencies collect the attached data and submit the report to TCOLE, as well as the city's governing body. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. 2024 Full Racial Profiling Report 2. 2024 Racial Profiling Analysis Racial Profiling Report | Full _______________________________________________________________________________________________________________________________ Agency Name: ANNA POLICE DEPARTMENT Reporting Date: 02/06/2025 TCOLE Agency Number: 085204 Chief Administrator: DEAN R. HABEL Agency Contact Information: Phone: (972) 924-2848 Email: dhabel@annatexas.gov Mailing Address: 120 W 7TH ST ANNA, TX 75409-3308 This Agency filed a full report ANNA POLICE DEPARTMENT has adopted a detailed written policy on racial profiling. Our policy: 1) clearly defines acts constituting racial profiling; 2) strictly prohibits peace officers employed by the ANNA POLICE DEPARTMENT from engaging in racial profiling; 3) implements a process by which an individual may file a complaint with the ANNA POLICE DEPARTMENT if the individual believes that a peace officer employed by the ANNA POLICE DEPARTMENT has engaged in racial profiling with respect to the individual; 4) provides public education relating to the agency's complaint process; 5) requires appropriate corrective action to be taken against a peace officer employed by the ANNA POLICE DEPARTMENT who, after an investigation, is shown to have engaged in racial profiling in violation of the ANNA POLICE DEPARTMENT policy; 6) requires collection of information relating to motor vehicle stops in which a warning or citation is issued and to arrests made as a result of those stops, including information relating to: a. the race or ethnicity of the individual detained; b. whether a search was conducted and, if so, whether the individual detained consented to the search; c. whether the peace officer knew the race or ethnicity of the individual detained before detaining that individual; d. whether the peace officer used physical force that resulted in bodily injury during the stop; e. the location of the stop; f. the reason for the stop. 7) requires the chief administrator of the agency, regardless of whether the administrator is elected, employed, or appointed, to submit an annual report of the information collected under Subdivision (6) to: a. the Commission on Law Enforcement; and b. the governing body of each county or municipality served by the agency, if the agency is an agency of a county, municipality, or other political subdivision of the state. The ANNA POLICE DEPARTMENT has satisfied the statutory data audit requirements as prescribed in Article 2.133 1 of 9 (c), Code of Criminal Procedure during the reporting period. Executed by: DEAN HABEL Chief of Police Date: 02/06/2025 2 of 9 Motor Vehicle Racial Profiling Information Total stops: 8906 _______________________________________________________________________________________________________________________________ Street address or approximate location of the stop City street 5491 US highway 2687 County road 26 State highway 654 Private property or other 48 Was race or ethnicity known prior to stop? Yes 68 No 8838 Race / Ethnicity Alaska Native / American Indian 115 Asian / Pacific Islander 243 Black 2026 White 5018 Hispanic / Latino 1504 Gender Female 3180 Alaska Native / American Indian 18 Asian / Pacific Islander 62 Black 855 White 1891 Hispanic / Latino 354 Male 5726 Alaska Native / American Indian 97 Asian / Pacific Islander 181 Black 1171 White 3127 Hispanic / Latino 1150 Reason for stop? Violation of law 219 Alaska Native / American Indian 6 Asian / Pacific Islander 3 Black 70 White 122 3 of 9 Hispanic / Latino 18 Preexisting knowledge 259 Alaska Native / American Indian 1 Asian / Pacific Islander 4 Black 75 White 110 Hispanic / Latino 69 Moving traffic violation 6431 Alaska Native / American Indian 80 Asian / Pacific Islander 203 Black 1403 White 3696 Hispanic / Latino 1049 Vehicle traffic violation 1997 Alaska Native / American Indian 28 Asian / Pacific Islander 33 Black 478 White 1090 Hispanic / Latino 368 Was a search conducted? Yes 126 Alaska Native / American Indian 1 Asian / Pacific Islander 0 Black 55 White 54 Hispanic / Latino 16 No 8780 Alaska Native / American Indian 114 Asian / Pacific Islander 243 Black 1971 White 4964 Hispanic / Latino 1488 Reason for Search? Consent 17 Alaska Native / American Indian 1 Asian / Pacific Islander 0 Black 5 White 7 4 of 9 Hispanic / Latino 4 Contraband 4 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 0 White 2 Hispanic / Latino 2 Probable 98 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 48 White 43 Hispanic / Latino 7 Inventory 3 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 0 White 1 Hispanic / Latino 2 Incident to arrest 4 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 2 White 1 Hispanic / Latino 1 Was Contraband discovered? Yes 114 Did the finding result in arrest? (total should equal previous column) Alaska Native / American Indian 1 Yes 0 No 1 Asian / Pacific Islander 0 Yes 0 No 0 Black 51 Yes 5 No 15 White 49 Yes 4 No 11 Hispanic / Latino 13 Yes 1 No 5 No 12 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 4 White 5 Hispanic / Latino 3 5 of 9 Description of contraband Drugs 79 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 37 White 37 Hispanic / Latino 5 Weapons 4 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 4 White 0 Hispanic / Latino 0 Currency 0 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 0 White 0 Hispanic / Latino 0 Alcohol 26 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 10 White 9 Hispanic / Latino 7 Stolen property 1 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 1 White 0 Hispanic / Latino 0 Other 21 Alaska Native / American Indian 1 Asian / Pacific Islander 0 Black 10 White 8 Hispanic / Latino 2 Result of the stop Verbal warning 0 6 of 9 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 0 White 0 Hispanic / Latino 0 Written warning 6520 Alaska Native / American Indian 97 Asian / Pacific Islander 155 Black 1481 White 4059 Hispanic / Latino 728 Citation 2345 Alaska Native / American Indian 18 Asian / Pacific Islander 88 Black 525 White 944 Hispanic / Latino 770 Written warning and arrest 21 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 11 White 7 Hispanic / Latino 3 Citation and arrest 20 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 9 White 8 Hispanic / Latino 3 Arrest 0 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 0 White 0 Hispanic / Latino 0 Arrest based on Violation of Penal Code 25 Alaska Native / American Indian 0 Asian / Pacific Islander 0 7 of 9 Black 11 White 11 Hispanic / Latino 3 Violation of Traffic Law 0 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 0 White 0 Hispanic / Latino 0 Violation of City Ordinance 0 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 0 White 0 Hispanic / Latino 0 Outstanding Warrant 16 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 9 White 4 Hispanic / Latino 3 Was physical force resulting in bodily injury used during stop? Yes 0 Alaska Native / American Indian 0 Asian / Pacific Islander 0 Black 0 White 0 Hispanic / Latino 0 Resulting in Bodily Injury To: Suspect 0 Officer 0 Both 0 No 8906 Alaska Native / American Indian 115 Asian / Pacific Islander 243 Black 2026 White 5018 Hispanic / Latino 1504 8 of 9 Submitted electronically to the The Texas Commission on Law Enforcement Number of complaints of racial profiling Total 0 Resulted in disciplinary action 0 Did not result in disciplinary action 0 Comparative Analysis Use TCOLE's auto generated analysis x Use Department's submitted analysis o Optional Narrative N/A 9 of 9 Racial Profiling Analysis Report ANNA POLICE DEPARTMENT 01. Total Traffic Stops:8906 02. Location of Stop: a. City Street 5491 61.66% b. US Highway 2687 30.17% c. County Road 26 0.29% d. State Highway 654 7.34% e. Private Property or Other 48 0.54% 03. Was Race known prior to Stop: a. NO 8838 99.24% b. YES 68 0.76% 04. Race or Ethnicity: a. Alaska/ Native American/ Indian 115 1.29% b. Asian/ Pacific Islander 243 2.73% c. Black 2026 22.75% d. White 5018 56.34% e. Hispanic/ Latino 1504 16.89% 05. Gender: a. Female 3180 35.71% i. Alaska/ Native American/ Indian 18 0.20% ii. Asian/ Pacific Islander 62 0.70% iii. Black 855 9.60% iv. White 1891 21.23% v. Hispanic/ Latino 354 3.97% b. Male 5726 64.29% i. Alaska/ Native American/ Indian 97 1.09% ii. Asian/ Pacific Islander 181 2.03% iii. Black 1171 13.15% iv. White 3127 35.11% v. Hispanic/ Latino 1150 12.91% 06. Reason for Stop: a. Violation of Law 219 2.46% i. Alaska/ Native American/ Indian 6 2.74% ii. Asian/ Pacific Islander 3 1.37% 2/6/2025 1 of 7 Racial Profiling Analysis Report iii. Black 70 31.96% iv. White 122 55.71% v. Hispanic/ Latino 18 8.22% b. Pre-Existing Knowledge 259 2.91% i. Alaska/ Native American/ Indian 1 0.39% ii. Asian/ Pacific Islander 4 1.54% iii. Black 75 28.96% iv. White 110 42.47% v. Hispanic/ Latino 69 26.64% c. Moving Traffic Violation 6431 72.21% i. Alaska/ Native American/ Indian 80 1.24% ii. Asian/ Pacific Islander 203 3.16% iii. Black 1403 21.82% iv. White 3696 57.47% v. Hispanic/ Latino 1049 16.31% d. Vehicle Traffic Violation 1997 22.42% i. Alaska/ Native American/ Indian 28 1.40% ii. Asian/ Pacific Islander 33 1.65% iii. Black 478 23.94% iv. White 1090 54.58% v. Hispanic/ Latino 368 18.43% 07. Was a Search Conducted: a. NO 8780 98.59% i. Alaska/ Native American/ Indian 114 1.30% ii. Asian/ Pacific Islander 243 2.77% iii. Black 1971 22.45% iv. White 4964 56.54% v. Hispanic/ Latino 1488 16.95% b. YES 126 1.41% i. Alaska/ Native American/ Indian 1 0.79% ii. Asian/ Pacific Islander 0 0.00% iii. Black 55 43.65% iv. White 54 42.86% v. Hispanic/ Latino 16 12.70% 08. Reason for Search: a. Consent 17 0.19% 2/6/2025 2 of 7 Racial Profiling Analysis Report i. Alaska/ Native American/ Indian 1 5.88% ii. Asian/ Pacific Islander 0 0.00% iii. Black 5 29.41% iv. White 7 41.18% v. Hispanic/ Latino 4 23.53% b. Contraband in Plain View 4 0.04% i. Alaska/ Native American/ Indian 0 0.00% ii. Asian/ Pacific Islander 0 0.00% iii. Black 0 0.00% iv. White 2 50.00% v. Hispanic/ Latino 2 50.00% c. Probable Cause 98 1.10% ii. Alaska/ Native American/ Indian 0 0.00% i. Asian/ Pacific Islander 0 0.00% iii. Black 48 48.98% iv. White 43 43.88% v. Hispanic/ Latino 7 7.14% d. Inventory 3 0.03% i. Alaska/ Native American/ Indian 0 0.00% ii. Asian/ Pacific Islander 0 0.00% iii. Black 0 0.00% iv. White 1 33.33% v. Hispanic/ Latino 2 66.67% e. Incident to Arrest 4 0.04% i. Alaska/ Native American/ Indian 0 0.00% ii. Asian/ Pacific Islander 0 0.00% iii. Black 2 50.00% iv. White 1 25.00% v. Hispanic/ Latino 1 25.00% 09. Was Contraband Discovered: YES 114 1.28% i. Alaska/ Native American/ Indian 1 0.88% Finding resulted in arrest - YES 0 Finding resulted in arrest - NO 1 ii. Asian/ Pacific Islander 0 0.00% Finding resulted in arrest - YES 0 Finding resulted in arrest - NO 0 iii. Black 51 44.74% 2/6/2025 3 of 7 Racial Profiling Analysis Report Finding resulted in arrest - YES 5 Finding resulted in arrest - NO 15 iv. White 49 42.98% Finding resulted in arrest - YES 4 Finding resulted in arrest - NO 11 v. Hispanic/ Latino 13 11.40% Finding resulted in arrest - YES 1 Finding resulted in arrest - NO 5 b. NO 12 0.13% i. Alaska/ Native American/ Indian 0 0.00% i. Asian/ Pacific Islander 0 0.00% iii. Black 4 33.33% iv. White 5 41.67% v. Hispanic/ Latino 3 25.00% 10. Description of Contraband: a. Drugs 79 0.89% i. Alaska/ Native American/ Indian 0 0.00% ii. Asian/ Pacific Islander 0 0.00% iii. Black 37 46.84% iv. White 37 46.84% v. Hispanic/ Latino 5 6.33% b. Currency 0 0.00% i. Alaska/ Native American/ Indian 0 ii. Asian/ Pacific Islander 0 iii. Black 0 iv. White 0 v. Hispanic/ Latino 0 c. Weapons 4 0.04% i. Alaska/ Native American/ Indian 0 0.00% ii. Asian/ Pacific Islander 0 0.00% iii. Black 4 100.00% iv. White 0 0.00% v. Hispanic/ Latino 0 0.00% d. Alcohol 26 0.29% i. Alaska/ Native American/ Indian 0 0.00% ii. Asian/ Pacific Islander 0 0.00% iii. Black 10 38.46% iv. White 9 34.62% 2/6/2025 4 of 7 Racial Profiling Analysis Report v. Hispanic/ Latino 7 26.92% e. Stolen Property 1 0.01% i. Alaska/ Native American/ Indian 0 0.00% ii. Asian/ Pacific Islander 0 0.00% iii. Black 1 100.00% iv. White 0 0.00% v. Hispanic/ Latino 0 0.00% f. Other 21 0.24% i. Alaska/ Native American/ Indian 1 4.76% i. Asian/ Pacific Islander 0 0.00% iii. Black 10 47.62% iv. White 8 38.10% v. Hispanic/ Latino 2 9.52% 11. Result of Stop: a. Verbal Warning 0 0.00% i. Alaska/ Native American/ Indian 0 ii. Asian/ Pacific Islander 0 iii. Black 0 iv. White 0 v. Hispanic/ Latino 0 b. Written Warning 6520 73.21% i. Alaska/ Native American/ Indian 97 1.49% ii. Asian/ Pacific Islander 155 2.38% iii. Black 1481 22.71% iv. White 4059 62.25% v. Hispanic/ Latino 728 11.17% c. Citation 2345 26.33% i. Alaska/ Native American/ Indian 18 0.77% ii. Asian/ Pacific Islander 88 3.75% iii. Black 525 22.39% iv. White 944 40.26% v. Hispanic/ Latino 770 32.84% d. Written Warning and Arrest 21 0.24% i. Alaska/ Native American/ Indian 0 0.00% ii. Asian/ Pacific Islander 0 0.00% iii. Black 11 52.38% iv. White 7 33.33% v. Hispanic/ Latino 3 14.29% 2/6/2025 5 of 7 Racial Profiling Analysis Report e. Citation and Arrest 20 0.22% i. Alaska/ Native American/ Indian 0 0.00% ii. Asian/ Pacific Islander 0 0.00% iii. Black 9 45.00% iv. White 8 40.00% v. Hispanic/ Latino 3 15.00% f. Arrest 0 0.00% i. Alaska/ Native American/ Indian 0 ii. Asian/ Pacific Islander 0 iii. Black 0 iv. White 0 v. Hispanic/ Latino 0 12. Arrest Based On: a. Violation of Penal Code 25 0.28% i. Alaska/ Native American/ Indian 0 0.00% ii. Asian/ Pacific Islander 0 0.00% iii. Black 11 44.00% iv. White 11 44.00% v. Hispanic/ Latino 3 12.00% b. Violation of Traffic Law 0 0.00% i. Alaska/ Native American/ Indian 0 ii. Asian/ Pacific Islander 0 iii. Black 0 iv. White 0 v. Hispanic/ Latino 0 c. Violation of City Ordinance 0 0.00% i. Alaska/ Native American/ Indian 0 ii. Asian/ Pacific Islander 0 iii. Black 0 iv. White 0 v. Hispanic/ Latino 0 d. Outstanding Warrant 16 0.18% i. Alaska/ Native American/ Indian 0 0.00% ii. Asian/ Pacific Islander 0 0.00% iii. Black 9 56.25% iv. White 4 25.00% v. Hispanic/ Latino 3 18.75% 2/6/2025 6 of 7 Racial Profiling Analysis Report 13. Was Physical Force Used: a. NO 8906 100.00% i. Alaska/ Native American/ Indian 115 1.29% ii. Asian/ Pacific Islander 243 2.73% iii. Black 2026 22.75% iv. White 5018 56.34% v. Hispanic/ Latino 1504 16.89% b. YES 0 0.00% i. Alaska/ Native American/ Indian 0 ii. Asian/ Pacific Islander 0 iii. Black 0 iv. White 0 v. Hispanic/ Latino 0 b 1. YES: Physical Force Resulting in Bodily Injury to Suspect 0 b 2. YES: Physical Force Resulting in Bodily Injury to Officer 0 b 3. YES: Physical Force Resulting in Bodily Injury to Both 0 14. Total Number of Racial Profiling Complaints Received:0 REPORT DATE COMPILED 02/06/2025 2/6/2025 7 of 7 Item No. 6.f. City Council Agenda Staff Report Meeting Date: 2/25/2025 Staff Contact: Bernie Parker AGENDA ITEM: Approve a Resolution amending the Community Development Corporation (CDC) Bylaws. (Director of Economic Development Bernie Parker) SUMMARY: In the current CDC Bylaws, Section 5.01 Principle Office, the address reference's the prior address of City Hall, and the Registered Agent needs to be further identified. In addition, the Secretary of the CDC will need to be updated for the signature page. The proposed changes are as follows: Section 5.01 Principle Office • The principle office and the registered office of the Corporation shall be 120 W. Seventh Street, Anna, TX 75409; and • The Corporation shall have and shall continually designate a registered agent at its registered office, as required by the Act. This registered agent shall be the Director of the EDC. Once approved, these Amended Bylaws will be sent to and filed with the Secretary of State. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: At the January 2, 2025, CDC/EDC Joint Board Meeting, the CDC Board recommended approval of the amended Community Development Corporation (CDC) Bylaws. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. Council Resolution - CDC Bylaws Amendment (Clean) 2. CDC Signed Resolution - Redline CDC Bylaws Proposed Jan 2025 AMENDED BYLAWS OF THE ANNA COMMUNITY DEVELOPMENT CORPORATION ARTICLE 1 PURPOSE AND POWERS Section 1.01. Purpose. The Anna Economic Development Corporation (the "Corporation") is a public instrumentality, and a non-profit corporation created under the Development Corporation Act, codified in Title 12, Subtitle Cl of the Texas Local Government Code (the "Act"), and operating under Chapters 501,502 and 504 of the Act and other applicable law. Section 1.02. Powers. In the fulfillment of its corporate purpose, the Corporation shall be governed as a Type A corporation under the Act and shall have all the powers set forth and conferred in its Amended Certificate of Formation, in the Act, and in other applicable law, subject to the limitations prescribed under applicable law and these bylaws. ARTICLE II BOARD OF DIRECTORS Section 2.01. Powers, Number, and Term of Office. (a) The property and affairs of the Corporation shall be managed and controlled by a Board of Directors (the "Board") and, subject to the restrictions imposed by law, by the Amended Certificate of Formation and by these bylaws, the Board shall exercise all the powers of the Corporation. (b) The Board shall consist of seven (7) directors, each of whom shall be appointed by the City Council (the "City Council"). At least three (3) members of the Board shall be persons who are not members of the City Council and who are not employees or officers of the City. (c) Directors shall serve staggered two (2) year terms with four (4) pos1t1ons commencing service during odd years and three (3) positions commencing service during even years, effective July 1, or until a successor(s) is(are) appointed by the City Council. (d) Any director may be removed from office by the City Council at any time without cause. (e) Any director or officer may resign at any time. Such resignation shall be made in writing and shall take effect at the time specified therein, or, if no time be specified, at the time of its receipt by the City Manager, Economic Development Director, and/or City Secretary. The acceptance of a resignation shall not be necessary to make it effective, unless expressly so provided in the resignation. (f) Any vacancy occurring on the Board through death, resignation or otherwise shall be filled by appointment by the City Council and the director appointed to fill any such vacancy shall serve the remainder of the unexpired term. Section 2.02. Meetings of Directors. The directors may hold their meetings at such place or places as the Board and/or the Economic Development Director determines; provided, however, in the absence of any such determination by the Board and/or the Economic Development Director, the meetings shall be held at the principal office of the Corporation as specified in Article V of these bylaws. Section 2.03. Notice of Meetings to Directors. Regular meetings of the Board shall be held without the necessity of notice to directors at such time and places as shall be designated from time to time by the Board. Special meetings of the Board shall be held whenever called by the president, by a majority of the directors, by the City Manager, or by a majority of the City Council. Section 2.04 Board Attendance. A director who is absent from three consecutive regular meetings, or 25% of regularly scheduled meetings during the 12-month period immediately preceding and including the absence in question, without explanation acceptable to a majority of the other members, must forfeit his or her position on the board. Section 2.05. Open Meetings Act. All meetings and deliberations of the Board shall be called, convened, held, and conducted, and notice shall be given to the public, in accordance with the Texas Open Meetings Act, Chapter 551 of the Texas Government Code, as amended. Section 2.06. Quorum. A majority of the entire membership of the Board of Directors shall constitute a quorum for the conduct of the official business of the Corporation. The act of a majority of directors present at a meeting at which a quorum is in attendance shall constitute the act of the Board and of the Corporation, unless the act of a greater number is required by law. Section 2.07. Conduct of Business. (a) At the meetings of the Board, matters pertaining to the business of the Corporation shall be considered in accordance with rules of procedure as from time to time prescribed by the Board. (b) At all meetings of the Board, the president shall preside; provided that in the absence of the President, the Vice President shall preside; and further provided that in the absence of the President and Vice President, the directors present at the meeting may appoint a director to preside at such meeting. (c) The secretary of the Corporation shall act as secretary of all meetings of the Board, but in the absence of the secretary, the presiding officer may appoint any person to act as secretary of the meeting. Section 2.08. Committees of the Board. The Board may designate two (2) or more directors to constitute an official committee of the Board to exercise such authority of the Board as may be specified by Board resolution. It is provided, however, that all final, official actions of the Corporation may be exercised only by the Board. Each committee so designated shall keep regular minutes of the transactions of its meetings and shall cause such minutes to be recorded in books kept for that purpose in the principal office of the Corporation. Section 2.09. Compensation of the Directors. Directors shall not receive any salary or compensation for their services as directors. However, they shall be reimbursed for their actual expenses incurred in the performance of their official duties as directors. Section 2.10. Ethics; Conflict of Interest. Directors shall strictly adhere to the Anna Code of Ethics, as adopted, and as may be amended by the City Council (the "Ethics Code"). In the event that a director is aware that he/she has a conflict of interest under applicable law or Ethics Code, with regard to any particular matter or vote coming before the Board, the director shall bring the same to the attention of the Board and shall abstain from discussion and voting thereon. Any director shall bring to the attention of the Board any apparent conflict of interest or potential conflict of interest of any other director, in which case the Board shall determine whether a true conflict of interest exists before any further discussion or vote shall be conducted regarding that particular matter. The director about whom a conflict-of-interest question has been raised shall refrain from voting with regard to the determination as to whether a true conflict exists. Section 2.11. Ex-Officio Members. The Mayor and City Manager or their respective designees, and any City Council member or other appropriate person or entity designated by the Board may attend all meetings of the Board or committees, including but not limited to executive or closed meetings, but shall not have the power to vote in the meetings unless such Council member is also a member of the Board. Their attendance shall be for the purpose of ensuring that information about the meetings is accurately recorded and communicated to the City Council as may be appropriate and necessary. ARTICLE III OFFICERS Section 3.01. Titles and Terms of Office. (a) The officers of the Corporation shall be a president, a vice president, a secretary, and a treasurer, and such other officers as the board may from time to time elect or appoint. One person may hold more than one office, except that the president shall not hold the office of secretary or assistant secretary. Terms of offices shall be one (1) year with the right of an officer to be re-elected. Such officers shall be elected annually after annual appointments or re-appointments to the Board have been completed by the Council. (b) All officers are subject to removal from office at any time by a vote of a majority of the entire Board. (c) A vacancy in the office of any officer shall be filled by a vote of a majority of the directors. Section 3.02. Powers and Duties of the President. The president shall be the presiding officer of the Board, shall preside at all meetings of the Board, and may sign with the secretary in the name of the Corporation, all contracts, conveyances, franchises, bonds, deeds, mortgages, notes and other instruments, which the Board has approved, unless the execution of said document bas been expressly delegated to another officer or agent of the Corporation by resolution, a provision of these bylaws, or statute. Section 3.03. Vice President. The vice president shall have such powers and duties as may be prescribed by the Board and shall exercise the powers of the president during that officer's absence or inability to act. Any action taken by the vice president in the performance of the duties of the president shall be conclusive evidence of the absence or inability to act of the president at the time such action was taken. Section 3.04. Secretary. The secretary shall keep the minutes of all meetings of the Board in books provided for that purpose, shall give and serve all notices, may sign with the president in the name of the Corporation, and/or attest the signature thereto, all contracts, conveyances, franchises, bonds, deeds, mortgages, notes and other instruments of the Corporation, shall have charge of the corporate books, records, documents and instruments, except the books of account and financial records and securities, and such other books and papers as the Board may direct, all of which shall at all reasonable times be open to public inspection upon application at the office of the Corporation during business hours, and shall in general perform all duties incident to the office of secretary subject to the control of the Board. Section 3.05. Treasurer. The treasurer shall have the responsibility to see to the handling, custody, and security of all funds and securities of the Corporation in accordance with these bylaws. When necessary or proper, the treasurer may endorse and sign, on behalf of the Corporation, for collection or issuance, checks, notes, and other obligations in or drawn upon such bank, banks or depositories as shall be designated by the Board consistent with these bylaws. The treasurer shall see to the entry in the books of the Corporation full and accurate amounts of all monies received and paid out on account of the Corporation. The treasurer shall, at the expense of the Corporation, give such bond for the faithful discharge of his/ her duties in such form and amount as the Board or the City Council may require. Section 3.06. Board Positions. The president, the vice president, and the secretary shall be named from among the members of the Board. The Treasurer may, at the option of the Board, be persons other than members of the Board, and may be employees of the City. Section 3.07. Compensation. Officers who are members of the Board shall not receive any salary or compensation for their services, except that they shall be reimbursed for their actual expenses incurred in the performance of their official duties as officers. Section 3.08. Economic Development Director. The Economic Development Director shall be a full-time employee of the City and shall be the chief administrative officer of the Corporation, responsible for all daily operations and implementation of Board policies and resolutions. The Economic Development Director shall be appointed and managed by the City Manager. The Economic Development Director shall attend all called Board meetings and perform those duties and functions, as the Board shall prescribe. ARTICLE IV FUNCTIONAL CORPORATE DUTIES AND REQUIREMENTS Section 4.01. General Corporate Duties and Authority. (a) In carrying out its purposes, the Corporation shall be authorized to exercise all rights and powers granted under its Amended Certificate of Formation, in the Act, and in other applicable law, subject to the limitations prescribed therein and herein and to the provisions thereof and hereof, as well as the purposes set out in the voted proposition. (b) Any and all agreements between the Corporation and other parties shall be authorized, executed, approved, and delivered in accordance with applicable law; provided, that, prior to the authorization or execution of any such agreement a copy thereof shall be provided to the City. (c) Unless otherwise approved by the City Council in accordance with Section 4.05(c) of this Article, all construction and other contracts let or entered into by the Corporation shall be let or entered into in accordance with the laws applicable to the letting or entering into of contracts by the City. Section 4.02. Annual Corporate Budget. (a) At least sixty (60) days prior to the commencement of each fiscal year of the Corporation, the Board shall adopt a proposed budget of expected revenues and proposed expenditures for the next ensuing fiscal year. The budget shall contain such classifications and shall be in such form as may be prescribed from time to time by the City Manager. The budget shall not be effective until the same has been approved by the City Council. (b) The annual budget shall be adopted at the fund level and amendments within the fund can be made and approved by the Economic Development Director. Any amendments that would result in an increase of total adopted expenditures shall be approved by the Board and City Council. Section 4.03. Books, Records, Audits. (a) The Corporation shall keep and properly maintain, in accordance with generally accepted accounting principles, complete books, records, accounts, and financial statements pertaining to its corporate funds, activities, and affairs. (b) At the direction of the City Council, the books, records, accounts, and financial statements of the Corporation may be maintained for the Corporation by the accountants, staff, and personnel of the City. (c) The Corporation, or the City if the option described in subsection (b) is selected, shall cause its books, records, accounts, and financial statements to be audited at least once each fiscal year by an outside, independent, auditing and accounting firm selected by the City. Such an audit shall be at the expense of the Corporation. Section 4.04 Deposit and Investment of Corporate Funds. (a) All proceeds from loans or from the issuance of bonds, notes, or other debt instruments ("Obligation") issued by the Corporation shall be deposited and invested as provided in the resolution, order, indenture, or other documents authorizing or relating to their execution or issuance. (b) Subject to the requirements of contracts, loan agreements, indentures, or other agreements securing Obligations, all other monies of the Corporation, if any, shall be deposited, secured, and/or invested in the manner provided for the deposit, security, and/or investment of the public funds of the City. The Board shall designate the accounts and depositories to be created and designated for such purposes, and the methods of withdrawal of funds therefrom for use by and for the purposes of the Corporation upon the signature of its treasurer and such other persons as the Board shall designate. The accounts, reconciliation, and investment of such funds and accounts shall be performed by the Department of Finance of the City. Section 4.05. Expenditures of Corporate Money. The monies of the Corporation, including sales and use taxes collected by the Corporation, monies derived from rents received from the lease or use of property, the proceeds from the investment of funds of the Corporation, the proceeds from the sale of property, and the proceeds derived from the sale of Obligations, may be expended by the Corporation for any of the purposes authorized by the Act, subject to the following limitations: (a) Expenditures from the proceeds of obligations issued or incurred by the Corporation shall be identified and described in the orders, resolutions, indentures, or other agreements submitted to and approved by the City Council prior to the execution of loan or financing agreements or the sale and delivery of the Obligations to the purchasers thereof required by Section 6 of this Article; (b) Expenditures that may be made from a fund created with the proceeds of obligations, and expenditures of monies derived from sources other than the proceeds of obligations may be used for the purposes of financing or otherwise providing one or more "Projects," as defined in applicable provisions of the Act, or other authorized purposes of the Corporation. The specific expenditures shall be described in a resolution or order of the Board and shall be made only after approval thereof by the City Council unless such expenditures are set forth in the annual budget required by Section 2 of this Article or in contracts meeting the requirements of Section 1 (d) of this Article. (c) All other proposed expenditures shall be made in accordance with and shall be set forth in the annual budget required by Section 4.02 or in contracts meeting the requirements of Section 4.01 (c) of this Article or the City's Financial Policies; provided, however, that any expenditure for Goods or Services costing $50,000 or more shall not be required to be completely bid or otherwise let or governed under Chapter 252 and/or Chapter 271 of the Texas Local Government if such expenditure has received approval of the City Council by duly adopted resolution.. (d) The Corporation may spend no more than ten percent (10%) of the corporate revenues for promotional purposes and may contract with others to carry out programs consistent with the purposes and duties set out in these bylaws and as set out by the Act. Unexpended revenue specifically set aside for promotional purposes in past years may be expended without violating the ten percent (10%) cap. The City Council may oversee expenditures in any manner authorized by the Act. Section 4.06. Fiscal Policy. The Corporation will adhere to the City's Financial Policy to guide the overall financial condition and operations of the Corporation. Section 4.07. Issuance of Obligations. No obligations, including refunding obligations, shall be authorized or sold and delivered by the Corporation unless the City Council shall approve such obligations by action taken no more than 60 (sixty) days prior to the date of delivery of such obligation or refunding obligations. ARTICLEV MISCELLANEOUS PROVISIONS Section 5.01. Principal Office. (a) The principal office and the registered office of the Corporation shall be 120 W. Seventh Street, Anna, TX 75409111 N. Powell Parkway, Anna, TX 75409. (b) The Corporation shall have and shall continually designate a registered agent at its registered office, as required by the Act. This registered agent shall be the Director of the CDC. Section 5.02. Fiscal Year. The fiscal year of the Corporation shall be the same as the fiscal year of the City. Section 5.03. Seal. The seal of the Corporation shall be as determined by the Board. Section 5.04. Approval or Advice and Consent of the City Council. To the extent that these bylaws refer to any approval by the City or refer to advice and consent by the City Council, such advice and consent shall be evidenced by a certified copy of a resolution, order or motion duly adopted by the City Council. Section 5.05. Services of City Staff and Officers. The Corporation shall have the right to utilize the services of the City Attorney, the City Secretary, and City Manager, provided (i) that the Corporation shall pay reasonable compensation to the City for such services, and (ii) the performance of such service does not materially interfere with the other duties of such personnel of the City. Section 5.06. Indemnification of Directors, Officers, and Employees. (a) As provided in the Act and in the Amended Certificate of Formation, the Corporation is, for the purposes of the Texas Tort Claims Act (Subchapter A, Chapter 101, Texas Civil Practices and Remedies Code), a governmental unit and its actions are governmental functions. (b) The Corporation shall indemnify each and every member of the Board, its officers, and its employees, and each member of the City Council and each employee of the City, to the fullest extent permitted by law, against any all liability or expense, including attorneys' fees, incurred by any of such persons by reason of any actions or omissions that may arise out of the functions and activities of the Corporation. (c) The Corporation may purchase and maintain insurance for the Corporation and on behalf of any person who is or was a director, officer, employee or agent of the Corporation or who is or was serving at the request of the Corporation as a director, officer, employee, agent or similar position, against any liability asserted against him or her or incurred by him or her in such capacity or arising out of his or her status as such, whether or not the Corporation would have the power to indemnify him or her against that liability under the Business Corporation Act Article 2.02-1. If such insurance is obtained, the insurance may be procured, maintained, or established with an insurer deemed appropriate by the Board of Directors. In the absence of fraud, the judgment of the Board of Directors as to the terms and conditions of the insurance shall be conclusive. Section 5.07. Interpretation of Bylaws. These bylaws and all the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein. If any word, phrase, clause, sentence, paragraph, section or other part of these bylaws, or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of these bylaws and the application of such word, phrase, clause, sentence, paragraph, section or other part of these bylaws to any other person or circumstance shall not be affected thereby. ARTICLE VI EFFECTIVE DATE, AMENDMENTS Section 6.01. Effective Date. These bylaws shall become effective upon the occurrence of the following events: (a) the approval of these bylaws by the City Council; and (b) the adoption of these bylaws by the Board. Section 6.02 Amendments to Bylaws. These bylaws may be amended at any time and from time to time by majority vote of the Board of Directors with approval of the City Council. These amended bylaws were duly adopted by the Board at a duly noticed public meeting on the ____ day of ____________ , 20254. APPROVED: ATTESTED: __________________________ _____________________________ Bruce Norwood Michelle Hawkins_____________________ President of the CEDC Secretary of the CEDC Item No. 6.g. City Council Agenda Staff Report Meeting Date: 2/25/2025 Staff Contact: Bernie Parker AGENDA ITEM: Approve a Resolution amending the Economic Development Corporation (EDC) Bylaws. (Director of Economic Development Bernie Parker) SUMMARY: In the current EDC Bylaws, Section 5.01 Principle Office, the address reference's the prior address of City Hall, and the Registered Agent needs to be further identified. In addition, the Secretary of the EDC will need to be updated for the signature page. The proposed changes are as follows: Section 5.01 Principle Office • The principle office and the registered office of the Corporation shall be 120 W. Seventh Street, Anna, TX 75409; and • The Corporation shall have and shall continually designate a registered agent at its registered office, as required by the Act. This registered agent shall be the Director of the EDC. Once approved, these Amended Bylaws will be sent to and filed with the Secretary of State. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: At the January 2, 2025, CDC/EDC Joint Board Meeting, the EDC Board recommended approval of the amended Economic Development Corporation (EDC) Bylaws. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. Council Resolution - EDC Bylaws Amendment (Clean) 2. EDC Signed Resolution - Redline EDC Bylaws Proposed Jan 2025 Item No. 6.h. City Council Agenda Staff Report Meeting Date: 2/25/2025 Staff Contact: Christopher Talbot AGENDA ITEM: Approve a Resolution authorizing the City Manager to execute a contract with AVL-SPI for audiovisual goods and services in the Council Chambers, incorporated through the Texas DIR Cooperative Purchasing System (IT Manager Chris Talbot). SUMMARY: If approved, AVI-SPL will perform upgrades to the audio in the City of Anna Council Chambers. FINANCIAL IMPACT: Funding for this item is available in the FY2025 City Manager's Office budget in the amount of $70,000. BACKGROUND: As part of this project, a new discussion system will be installed in this space, to provide sound reinforcement and speech capture for broadcast, to replace the existing audio system. This project will replace all dais microphones, the podium microphone, and all staff microphones with upgraded hardware. Additionally, the flat panel controls will be reconfigured for ease of use. Upon completion of the installation, comprehensive testing will be performed to ensure optimal performance of the new system. On September 24, 2024 the City Council approved a resolution to authorize the City Manager to award the AV contract to AVI-SPL for audio and visual equipment fo the Community Library. AVI-SPL was the highest scoring bidder in the best value review process for the Community Library. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. Resolution Approving AVI-SPL for Chambers CITY OF ANNA, TEXAS RESOLUTION NO. _____________________ A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH AVI-SPL AUDIO AND VISUAL EQUIPMENT FOR THE UPGRADE TO THE MUNICIPAL COMPLEX COUNCIL CHAMBERS AUDIO VISUAL EQUIPMENT IN THE AMOUNT NOT TO EXCEED SEVENTY THOUSAND DOLLARS AND ZERO CENTS ($70,000). WHEREAS, the City of Anna Municipal Complex Council Chambers audio and visual equipment has met end of life, and; WHEREAS, AVI-SPL provides the audio-visual systems that meet many of the City’s technology requirements at a reasonable cost through the DIR cooperative purchasing agreements of which the City is a member, and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval and Authorization of Agreement. The City Council of the City of Anna, Texas, authorizes the City Manager to award the contract for audio and visual equipment in an amount not to exceed $70,000 on behalf of the City of Anna, Texas. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 25th day of February 2025. APPROVED: ATTEST: _____________________________ ____________________________ Mayor Pete Cain City Secretary Carrie Land Item No. 6.i. City Council Agenda Staff Report Meeting Date: 2/25/2025 Staff Contact: Marc Marchand AGENDA ITEM: Approve a Resolution adopting Library Policies. (Neighborhood Services Director Marc Marchand) SUMMARY: This item is for the City Council to adopt operating policies for the library, including collection development, child safety, and general use. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The City of Anna is currently constructing the Anna Community Library on the Municipal Campus property in downtown Anna. Construction of the facility is on schedule, and we expect to open the library to the public in the Fall of 2025. This item is for the City Council to adopt operating policies for the library, including collection development, child safety, and general use. These policies will be utilized in the operation of the library, in order to provide clear, consistent services in accordance with the best practices for municipal libraries. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Active. ATTACHMENTS: 1. Resolution for library policies February 2025 2. Library Policies (Collection Development, Child Safety, General Use) CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS ADOPTING ANNA COMMUNITY LIBRARY OPERATING POLICIES. WHEREAS, the City of Anna has received operating policies for the Anna Community Library, regarding collection development, child safety and general use, and, WHEREAS, the City Council for the City of Anna has determined that it is necessary and appropriate to authorize the City Manager to adopt the polic ies set forth herein; 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 execute on its behalf, subject to legal review and approval by the City Attorney, library operating policies, as shown hereto as Exhibit 1 PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 25th day of February 2025. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie Land Mayor, Pete Cain EXHIBIT 1 Anna Community Library Collections Policy Materials Selection At the Anna Community Library, we believe everyone has the right to read and explore different ideas. This right is a fundamental part of democracy and ensures people can form their own opinions. To support this, our library follows national guidelines from the American Library Association and the Texas Library Association that promote intellectual freedom. Our goal is to provide a wide range of books, digital resources, and other materials that reflect different viewpoints. While the library staff carefully selects these materials, their inclusion does not mean we endorse any particular opinion. We choose materials based on their quality, usefulness, and ability to serve our community. We do not add or remove items based on whether they will be popular or controversial. Our collection aims to cover many topics in a way that meets both current and future community needs. How Materials Are Chosen and Managed A team of library staff, known as the Collection Development Committee, is responsible for selecting and maintaining materials. They ensure that the collection is diverse, informative, and serves the needs of the community. We welcome suggestions from our neighbors! If you have a book or resource, you'd like us to consider adding, please let us know. While budget and availability may limit what we can add, we strive to include as many community-requested materials as possible. To keep our collection relevant and useful, staff regularly review materials. Items may be removed if they are outdated, damaged, or no longer used. However, books or other resources will never be removed simply because they are controversial. Requesting a Review of Library Materials The Anna Community Library supports intellectual freedom and follows formal procedures for reviewing material challenges, as outlined in the General Policy. If you have concerns about a book or other material or if you believe something important is missing, you can submit a Materials Reconsideration Form. Anna Community Library Safe Child Policy The Anna Community Library welcomes parents and children and strives to provide a safe, enjoyable, and engaging environment. We encourage families to visit, explore our resources, and foster a love of reading. Library staff are here to assist you but cannot monitor children at all times. Parents and caregivers are responsible for their children's safety and behavior while in the library. Child Supervision Policy 1. Children 12 and under must be supervised by a parent or caregiver at all times while in the library. 2. Parents and caregivers are responsible for ensuring their children follow library rules. 3. During library programs, parents or caregivers must remain in the library if their child is 12 years old or younger. 4. If a child 12 or younger is found unattended, staff will try to locate the parent or caregiver. If they cannot be found, the child may be placed in the care of the Anna Police Department. 5. Parents and caregivers are responsible for supervising their children's internet use, in accordance with the Library Services Policy. These policies are in place to keep all children safe while they enjoy the library. Thank you for your cooperation! Anna Community Library General Policy The Anna Community Library welcomes all members of the community and provides access to its facilities, services, programs, and materials for everyone. Library Accounts To borrow materials or access public computers and the internet, individuals must have a valid library account. 1. The library issues accounts to all city residents and non-residents within the state of Texas who complete the application process. 2. Teens (ages 13-17) can apply for a library account with valid identification and proof of residency. If they do not have proof of residency, they may apply with a signed application from a parent or legal guardian. Without a parent or guardian’s signature, teens can only borrow materials owned by the Anna Community Library. Privacy and Confidentiality The Anna Community Library respects the privacy of all library users. Library records are confidential and not considered public records. The City Council affirms legal decisions stating that protecting library records is essential to ensuring free access to information. Library staff and the Director follow strict procedures to keep all records confidential. The Anna Community Library supports intellectual freedom and follows formal procedures for reviewing material challenges, as outlined in the Collections Policy. Library User Responsibilities Library users are expected to: 1. Treat library property with care. 2. Respect the rights and property of others. 3. Follow all posted library and city regulations. 4. Share feedback and suggestions for library improvements. 5. Follow the Safe Child Policy. 6. Parents and caregivers must supervise children 12 and under at all times, in accordance with the Safe Child Policy. 7. Adhere to copyright laws when using library materials. Meeting Room Use Users of library meeting rooms must follow the Meeting Room Guidelines, which prohibit commercial activities, fees, and fundraising unless explicitly approved by the library. Item No. 6.j. City Council Agenda Staff Report Meeting Date: 2/25/2025 Staff Contact: Wes Lawson AGENDA ITEM: Approve a Resolution authorizing the City Manager to execute an agreement for professional services with WSB Engineering for a study of downstream sewer improvements for the Throckmorton Creek, Clement Creek, and Stiff Creek Sewer Basins as shown in the City of Anna Wastewater Master Plan. (City Engineer Wes Lawson) SUMMARY: This item is to approve an agreement for professional services with WSB Engineering for a study of downstream sewer improvements for the Clement Creek and Stiff Creek Sewer Basins as shown in the City of Anna Wastewater Master Plan. FINANCIAL IMPACT: Funding for the sewer study is available in the FY2025 Community Investment Program budget from the Sanitary Sewer Impact Fee Fund. The estimated cost of this professional services agreement is $85,410. BACKGROUND: The City of Anna is experiencing record growth in multiple areas of our community. As development east of State Highway 5 and between US 75 and State Highway 5 progresses, the City will be required to accommodate new sanitary sewer connections and increased wastewater flows. The City of Anna currently has connections to the City of Melissa in the Throckmorton Creek Basin and the Clement Creek Basin, where sewer flows are metered, and the City pays Melissa and North Texas Municipal Water District (NTMWD) for the treatment and transport of wastewater. The City has identified another needed connection in the Stiff Creek Basin, where the City of Melissa has existing sewer infrastructure, but Anna does not currently have a sewer connection. The study will identify the specific infrastructure improvements required to allow for new flow into the Stiff Creek Basin, and additional flows into the Throckmorton and Clement Creek Basins. The findings will be used to work with the City of Melissa to identify the scope, costs, and responsibilities for increasing capacity in all three basins downstream of the City of Anna. WSB Engineering (Formerly EST) is a highly qualified engineering firm with a long history of involvement in the planning and design of the City of Melissa's sewer system. WSB also does work for the City of Anna, including materials testing, geotechnical studies, and construction inspection for large CIP projects. They were selected by the City of Anna to perform these services in the multidisciplinary RFQ process the City of Anna completed in 2021. WSB is uniquely suited to work with both cities to determine the most cost-effective solutions to the infrastructure needs of all three basins. Staff recommends approval of this item. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. City of Anna - Wastewater Master Plan 2. Resolution - Authorizing City Manager to Executute an Agreement for Professional Services with WSB 3. Agreement & Proposal - Anna-Melissa Sanitary Sewer Modeling & Report !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2!!2!!2!!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2!!2 !!2!!2!!2 !!2 !!2 !!2 !!2 !!2!!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2!!2!!2!!2 !!2!!2!!2!!2!!2!!2!!2!!2!!2!!2!!2 !!2!!2!!2!!2!!2!!2!!2!!2!!2 !!2 !!2 !!2 !!2!!2 !!2!!2!!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2!!2 !!2!!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2 !!2 !!2 !!2!!2!!2 !!2 !!2!!2 !!2!!2 !!2!!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2!!2!!2!!2!!2!!2!!2 !!2 !!2 !!2!!2 !!2 !!2!!2!!2!!2 !!2!!2!!2!!2 !!2 !!2 !!2!!2!!2 !!2!!2!!2!!2!!2 !!2!!2 !!2 !!2!!2!!2 !!2 !!2 !!2 !!2 !!2!!2!!2 !!2 !!2 !!2!!2!!2 !!2!!2!!2 !!2 !!2 !!2 !!2!!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2 !!2!!2!!2!!2!!2 !!2 !!2 ! g g g g ! !COUNTY ROAD 511FM 2862 COUNTYROAD 480FM 455 COUNTYROAD3 7 0 COUNTYROAD371 OUTER LOOP FM 2862COUNTY ROAD 286 18''18''21''21''15''15''15'' 21''24''24''12''24''21''21''21''21''15''15''15''18''18''15''§¨¦75 ¬«121")455 ")455 ¬«5 PROPOSED PILOT GROVE LIFT STATION #3 CAPACITY: 270 GPM PROPOSED PILOT GROVE LIFT STATION #2 CAPACITY: 255 GPM PROPOSED PILOT GROVE LIFT STATION #1 CAPACITY: 215 GPM PROPOSED THROCKMORTON CREEK LIFT STATION CAPACITY: 2250 GPM EF131 EF129 EF127 SGC155 SGC123 WSGC117 WSGC119 SGC125 SGC143 SGC145 SGC127 SGC141 SGC147 SGC153 SGC151 SGC149 SGC139 SGC137 SGC129 SGC121 SGC113 SGC111 SGC115 SGC131 SGC119 SGC117 SGC107 SGC133 PGC111 PGC109 PGC107 PGC105 PGC103 PGC101 HB101 SGC105 SGC103 SGC101 SGC109WSGC101 WSGC103 WSGC105 WSGC107 SC105 WSGC109SC101 SC103 CC101 SLC105 SLC109 SLC111 SLC113 SLC117 SLC119 SLC121 SLC123 TC115 TC107 TC105 TC103 TC101 SLC103 SLC107 TC111 TC113 TC117 TC137 TC135HC133 HC125 HC127 HC119 HC123 HC121 HC115 HC117 HC111 HC109 HC113 HC105 HC107 HC103 HC101 EF105 EF101 EF103 EF107 EF109 EF113 EF111 EF115 EF117 EF121 EF119 EF123 EF125 TC109 SLC115 CC103 36 '' 36 ''21 ''8 ' ' 8 ''8 ''1 8 ' '8 ''8 '' 8 '' 8 '' 8 '' 27 ''8 ' '12 ''24 ''42 ''8 ' '27 ''42 ''10 ''8 ''12 ''8 ''15 '' 54 ' ' 10 '' 1 2 ' ' 60 ''10 ''8 ''24 ''18 ''15 ' ' 2 4 ' '8 ''18 '' 8 '' 8 ''8 ''10 ' '30 ''8 ''21 ''8 ' '18 ''8 ''8 ''8 ''48 ''15 '' 21 '' 18 '' 1 5 ' '21 ''27 ''27 ''8 '' 8 '' 21 '' 8 ''8 ''48 ''21 ''36 '' 1 2 ' '8 ''10 ''1 8 ' '8 ''15 '' 8 ''10 ''18 ''8 ' ' 3 0 ' ' 30 ''18 ' ' 3 6 ' ' 8 '' 15 ' ' 8 ''24 ''8 '' 10 '' 8 ''8 ''24 ''8 ''10 ''10 ''15 ''PROPOSED ANNA RANCH LIFT STATION EXISTING COYOTE MEADOWS LIFT STATION EXISTING CAMDEN PARC LIFT STATION EXISTING ELIZABETH STREET LIFT STATION EXISTING NORTH POINTE LIFT STATION CAPACITY: 745 GPM EXISTING LIFT STATION CAPACITY: 100 GPM EXISTING LIFT STATION CAPACITY: 34 GPM CITY OF ANNA WASTEWATER MASTER PLAN FIGURE WWMP Kimley-Horn and Associates, Inc.File Path: K:\MKN_Civil\City of Anna - Master Data\GIS\Anna_Wastewater Master Plan.aprxLast Saved: 9/1/2023 1:51 PMI 0 4,0002,000 Feet NTMWD Clement Creek P.O.E. Existing Peak: 1.35 MGD Buildout Peak: 4.72 MGD NTMWD Throckmorton Creek P.O.E. Existing Peak: 7.20 MGD Existing WWTP Treats 2.0 MGD Peak Buildout Peak: 35.96 MGD Buildout WWTP Treats 18.0 MGD Peak Throckmorton Creek/ Trinity River Interceptor Contracted Capacity Upstream: 5.60 MGD (2014) Contracted Capacity Downstream: 9.60 MGD (2014) Clement Creek Contracted Capacity: 3.0 MGD (2014) Text Legend Lift Stations Wastewater Subbasin Clement Creek Clement Creek Existing East Fork Trinity Harrington Branch Hurricane Creek Clement Creek Existing Sister Grove Creek Slayter Creek Throckmorton Creek West Sister Grove Creek Stiff Creek !Proposed WWTP g Proposed Lift Station !Existing WWTP !!2 Existing Manhole Existing Force Main Existing Wastewater Proposed Manhole Proposed Force Main Streams parcels Planning Boundary Floodplain Van Alstyne/Mantua P.O.E. Peak Flow = 13.88 MGD Weston P.O.E. #1 Peak Flow = 0.50 MGD Weston P.O.E. #2 Peak Flow = 0.50 MGD Weston P.O.E. #3 Peak Flow = 0.50 MGD Weston P.O.E. #4 Peak Flow = 0.50 MGD Weston P.O.E. #5 Peak Flow = 0.50 MGD Weston P.O.E. #6 Peak Flow = 0.50 MGD Weston P.O.E. #7 Peak Flow = 0.50 MGD Harrington Branch WWTP Phase 1 Capacity: 1 MGD Phase 2 Capacity: 2 MGD Phase 3 Capacity: 2.5 MGD Hurricane Creek WWTP Phase 1 Capacity: 4 MGD Phase 2 Capacity: 8 MGD Phase 3 Capacity: 16 MGD Slayter Creek WWTP Existing Capacity: 0.5 MGD Phase 3 Capacity: 0.975 MGD Expansion Capacity: 4.5 MGD Van Alstyne P.O.E. Peak Flow = 20.48 MGD Stiff Creek P.O.E. Buildout Peak: 2.77 MGD CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH WSB ENGINEERING FOR THE SEWER IMPROVEMENT STUDY FOR THROCKMOTON CREEK, CLEMET CREEK, AND STIFF CREEK SEWER BASIN, IN THE AMOUNT NOT TO EXCEED EIGHTY-FIVE THOUSAND, FOUR HUNDRED AND TEN DOLLARS AND ZERO CENTS ($85,410.00) AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, both the cities of Anna and Melissa have significant future growth projections exceeding existing conveyance capacity. The near-term growth will occur in the western areas of both communities, and most of the long-term growth would occur on the east sides of both the Anna and Melissa service areas; and, WHEREAS, the study will identify the specific infrastructure improvements required to allow for new flow into the Stiff Creek Basin, and additional flows into the Throckmorton and Clement Creek Basins. The findings will be used to work with the City of Melissa to identify the scope, costs, and responsibilities for increasing capacity in all three basins downstream of the City of Anna.; and, WHEREAS, WSB Engineering (Formerly EST) is a highly qualified engineering firm with a long history of involvement in the planning and design of the City of Melissa's sewer system. WSB also does work for the City of Anna, including materials testing, geotechnical studies, and construction inspection for large CIP projects. The City of Anna selected WSB to perform these services in the multidisciplinary RFQ process it completed in 2021. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1.Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2.Authorization of Payment and Funding. The City Council of the City of Anna, Texas, authorizes the City Manager to execute an agreement for professional services with WSB in the amount of $85,410.00, for the Sewer Improvement Study on behalf of the City of Anna, Texas. The funding for this project shall come from the Sewer Impact Fee fund. 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 Exhibits (following Page) PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES STATE OF TEXAS § § COUNTY OF COLLIN § THIS AGREEMENT is made and entered into as of the 25th day of February 2025, by and between the City of Anna, Texas, a Texas municipal corporation, with its principal office at 120 West 7th Street, Anna, Collin County, Texas 75409, hereinafter called “OWNER” and WSB Engineering, LLC with its corporate office at 3522 Sam Rayburn Highway, Melissa, Collin County, Texas 75454, hereinafter called “CONSULTANT,” acting herein, by and through their duly authorized representatives. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 EMPLOYMENT OF CONSULTANT OWNER hereby contracts with CONSULTANT, as an independent contractor, and CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following described project: The Project shall include, without limitation, a study of the sanitary sewer system of the City of Melissa, Texas to provide recommendations for wastewater improvement projects in order to facilitate acceptance of updated/increased wastewater flows from the City of Anna, Texas in the Stiff Creek, Clemens Creek, and Throckmorton Creek basins, including any subsidiary basins, for use in system planning, including without limitation the services described under Article 2.A. of this Agreement ARTICLE 2 SCOPE OF SERVICES CONSULTANT shall perform the following services in a professional manner: A. CONSULTANT shall perform all those services as necessary and as described under “Scope of Services” as set forth under CONSULTANT’S fee proposal, which is attached hereto and made a part hereof as Exhibit “A” as if written word for word herein. B. To, upon request by OWNER, perform the types of “Additional Services” set forth in CONSULTANT’s fee proposal, which proposal is attached hereto and made a part hereof as Exhibit “A” as if written word for word herein. PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES Page 2 of 11 C. If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement or any task orders, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits or task orders. ARTICLE 3 ADDITIONAL SERVICES Additional services to be performed by CONSULTANT, if authorized by OWNER, whether included in the above-described Scope of Services, are described as follows: A. During the course of the Project, as requested by OWNER, CONSULTANT will be available to accompany OWNER’s personnel when meeting with or having dealings directly related to the Project with the Texas Commission on Environmental Quality, U.S. Environmental Protection Agency, or other regulatory agencies. CONSULTANT will assist OWNER’s personnel on an as-needed basis in preparing compliance schedules, progress reports, and providing general technical support for OWNER’s compliance efforts. B. Assisting OWNER or contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement. Such services, if any, shall be furnished by CONSULTANT on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. C. Sampling, testing, or analysis beyond that specifically included in the above-described Scope of Services. D. Preparing copies of computer aided drafting (CAD) electronic data bases, drawings, or files for OWNER’s use in a future CAD system. E. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. F. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to OWNER. G. Providing geotechnical investigations, including soil borings, related analyses, and recommendations. ARTICLE 4 PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by OWNER and CONSULTANT and upon issue of a notice to proceed by OWNER and shall remain in force for the period which may reasonably be required for the completion of the Project, including PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES Page 3 of 11 Additional Services, if any, and any required extensions approved by OWNER. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule(s) established by OWNER, acting through its City Manager or his designee. ARTICLE 5 COMPENSATION A. COMPENSATION TERMS: 1. “Subcontract Expense” is defined as expenses incurred by CONSULTANT in employment of others in outside firms for services in the nature of, water resource engineering evaluations, traffic engineering and other necessary support labor incident to the work required under the Scope of Services and Additional Services. 2. “Direct Non-Labor Expense” is defined as that expense for any OWNER- authorized assignment incurred by CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment. B. BILLING AND PAYMENT: For and in consideration of the professional services to be performed by CONSULTANT herein, OWNER agrees to pay, based on an hourly rate shown in Exhibit “B” which is attached hereto and made a part of this Agreement as if written word for word herein. Partial payments to CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by OWNER through its City Manager or his designee; however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered. Nothing contained in this Article shall require OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement. OWNER shall not be required to make any payments to CONSULTANT when CONSULTANT is in default under this Agreement. It is specifically understood and agreed that CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by OWNER for any charge, expense, or reimbursement above any maximum not-to- exceed fee as stated within any specified task order, without first having obtained written authorization from OWNER. CONSULTANT shall not proceed to perform any services without obtaining prior written authorization from the City Manager or his designee. C. ADDITIONAL SERVICES: For additional services authorized in writing by OWNER in Article 3, CONSULTANT shall be paid based on the Schedule of Charges at an hourly PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES Page 4 of 11 rate shown in Exhibit “B.” Payments for additional services shall be due and payable upon submission by CONSULTANT and shall be in accordance with subsection B hereof. Statements shall not be submitted more frequently than monthly. D. PAYMENT: If OWNER fails to make payments due CONSULTANT for services and expenses within 60 days after receipt of CONSULTANT’s undisputed statement thereof, the amounts due CONSULTANT will be increased by the rate of one percent (1%) per month from the said 60th day, and, in addition, CONSULTANT may, after giving seven days’ written notice to OWNER, suspend services under this Agreement until CONSULTANT has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require OWNER to pay the late charge of one percent (1%) set forth herein if OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article 5, “Compensation.” ARTICLE 6 OBSERVATION AND REVIEW OF THE WORK CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to OWNER any defects or deficiencies in the work of CONSULTANT or any subcontractors or subconsultants. ARTICLE 7 OWNERSHIP OF DOCUMENTS All documents prepared or furnished by CONSULTANT (and CONSULTANT’s subcontractors or subconsultants) pursuant to this Agreement are instruments of service and shall become the property of OWNER upon the termination of this Agreement. CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by CONSULTANT are intended only to be applicable to this Project, and OWNER’s use of these documents in other projects shall be at OWNER’s sole risk and expense. In the event OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein and by CONSULTANT at the time such information and materials are delivered, CONSULTANT is released from any and all liability relating to such use in that project. ARTICLE 8 INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER. CONSULTANT shall not have or claim any right arising from employee status. OWNER shall not control the means, methods, sequences, procedures, or techniques utilized by CONSULTANT to perform work or services under this Agreement or any associated task order. ARTICLE 9 AUDITS AND INSPECTION PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES Page 5 of 11 OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. CONSULTANT shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, CONSULTANT shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents, and other evidence pertaining to this agreement, and to allow OWNER similar access to those documents. All books and records will be made available within a 50-mile radius of the City of Anna. The cost of the audit will be borne by OWNER unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by CONSULTANT which must be payable within five business days of receipt of an invoice. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in OWNER’s sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. ARTICLE 10 INDEMNITY AGREEMENT CONSULTANT shall indemnify, save and hold harmless OWNER and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the OWNER, that is caused by or results from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the CONSULTANT or the CONSULTANT’S agent, another consultant under contract, or another entity over which the CONSULTANT exercises control. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties’ defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 11 INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES Page 6 of 11 A. Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident. C. Worker’s Compensation Insurance in accordance with statutory requirements, and Employers’ Liability Insurance with limits of not less than $100,000 for each accident. D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. E. CONSULTANT shall furnish insurance certificates or insurance policies at OWNER’s request to evidence such coverages. Except for workers compensation and professional liability, the insurance policies shall name OWNER 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. ARTICLE 12 TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminate by giving 30 days’ advance written notice to the other party. B. If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to OWNER within 30 days after the date of termination. OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article 5 “Compensation.” Should OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information. CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to OWNER on or before the date of termination but may maintain copies of such documents for its use. ARTICLE 13 RESPONSIBILITY FOR CLAIMS AND LIABILITIES PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES Page 7 of 11 Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by OWNER for any defect in the design or other work prepared by CONSULTANT, its employees, subcontractors, agents, and consultants. ARTICLE 14 NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three days after mailing: To CONSULTANT: To OWNER: Nolan Harvey Ryan Henderson Director, Municipal Services City Manager WSB LLC City of Anna 3522 Sam Rayburn Highway 120 W. 7th Street Melissa, Texas 75454  Anna, Texas 75409 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three days after mailing. ARTICLE 15 ENTIRE AGREEMENT This Agreement constitutes the complete and final expression of the agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior or contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE 16 SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES Page 8 of 11 ARTICLE 17 COMPLIANCE WITH LAWS CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. ARTICLE 18 DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE 19 PERSONNEL A. CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of or have any contractual relations with OWNER. CONSULTANT shall inform OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. B. All services required hereunder will be performed by CONSULTANT or under its supervision. All personnel engaged in work shall be qualified and shall be authorized and permitted under state and local laws to perform such services. ARTICLE 20 ASSIGNABILITY CONSULTANT shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of OWNER. ARTICLE 21 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES Page 9 of 11 ARTICLE 22 MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: Exhibit A – Scope of Services & Fee Schedule B. Venue of any suit or cause of action under this Agreement shall lie exclusively in Collin County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. C. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by OWNER. D. OWNER shall assist CONSULTANT by placing at CONSULTANT’s disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for CONSULTANT to enter in or upon public and private property as required for CONSULTANT to perform services under this Agreement. E. CONSULTANT shall at all times maintain OWNER’S confidential or proprietary information in confidence and shall disclose same to third parties only as specifically instructed by OWNER. Any disclosure of privileged or confidential information by OWNER to CONSULTANT is in furtherance of OWNER’s purposes and is not intended to and does not waive any privileges that may exist with regard to such information. F. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES Page 10 of 11 IN WITNESS HEREOF, the City of Anna, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement through its duly authorized undersigned officer on this the 25th day of February 2025. CITY OF ANNA, TEXAS __________________________________ RYAN HENDERSON, CITY MANAGER ATTEST: CARRIE LAND, CITY SECRETARY __________________________________ WSB LLC __________________________________ NOLAN HARVEY DIRECTOR, MUNICIPAL SERVICES WITNESS: BY: __________________________________ PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES Page 11 of 11 EXHIBIT A (Scope of Work & Fee Schedule) February 12, 2025 Mr. Greg Peters Assistant City Manager 120 W 7th Street Anna, Texas 75409 Re: Proposal for Engineering Services Sanitary Sewer System Modeling and Preliminary Engineering Report City of Melissa, Texas Dear Greg: At your request, in the planning for additional wastewater flows from the City of Anna, Texas, WSB appreciates the opportunity to submit this letter proposal for engineering services for sanitary sewer system modeling and a preliminary engineering report for the City of Melissa, Texas. SANITARY SEWER SYSTEM OVERVIEW The City of Melissa, Texas is projected to have significant future growth which will exceed the capacity of the city’s existing and currently planned sanitary sewer system. In addition, wastewater generated within the City of Anna, Texas flows through the City of Melissa in a network of interceptor sewers owned and managed by the North Texas Municipal Water District (NTMWD). Anna, Texas is also expected to grow significantly in the coming years. An overview of the Anna/Melissa area sanitary sewer system was provided in the recently completed Upper East Fork Interceptor System (UEFIS) Regional Capacity Assurance Phase 3 Final Report prepared by Jacobs Engineering Group, Inc. dated August 2024. The overview reads as follows, Both the cities of Anna and Melissa have significant future growth projections exceeding existing conveyance capacity. The near-term growth will occur in the western areas of both communities, and most of the long-term growth would occur on the east sides of both the Anna and Melissa service areas. The growth in the western portion of the communities would be conveyed in the existing Clements Creek and Throckmorton Creek interceptors and collected at the planned Clements Creek Lift Station for pumping to the Sister Grove RWRRF. The eastern terrain in Anna and Melissa naturally flows southeast, away from the existing sewers in the western portions of the service areas. To convey the flow that would be collected in the southeast of Anna, two alternatives were identified for routing flow from southeast Anna that included the following: ▪ Pump flow from southeast Anna west toward Clements Creek Interceptor and improve the conveyance capacity of the existing Clements Creek sewer to handle this additional flow. Once the flow is delivered to the Clem ents Creek Interceptor route, alternatives are to intercept this flow along the Clements Creek Interceptor route and pump the flow directly to the Sister Grove RWRRF. ▪ Pump flow from southeast Anna toward the south, directly to the Sister Grove RWRRF. Similar to the aforementioned Anna options, conveyance options from eastern Melissa also considered a direct pumping option to the Sister Grove RWRRF. It is understood that the Cities of Anna and Melissa wish to create a model of its sanitary sewer collection and pumping system and use that model to predict the adequacy of Melissa’s sanitary Proposal for Engineering Services Sanitary Sewer System Modeling and Preliminary Engineering Report Anna and Melissa, Texas February 18, 2025 Page 2 sewer system under near-term (within the next 10 years) development conditions and long-term (full city buildout) conditions. The model will also consider anticipated future wastewater flow from the City of Anna. Once the near-term and long-term “bottlenecks” within the system are identified by modeling, a preliminary engineering analysis will be conducted to determine sanitary sewer system improvements needed to alleviate the “bottlenecks”. WSB will provide the following engineering services for the sanitary sewer system modeling and preliminary engineering report for this project. SANITARY SEWER SYSTEM MODELING AND PRELIMINARY ENGINEERING REPORT SERVICES Project Management WSB will perform all work necessary to effectively coordinate the project development, maintain the project’s schedule and budget, as well as manage the Project Management Team (PMT) starting with a Project Kick-off Meeting. Project management measures will ensure that the project is completed on time, within the budget, and in accordance with applicable laws, policies, standards, and good engineering practice. Kick-Off Meeting WSB will attend one (1) modeling and engineering report kick-off meeting with City of Melissa staff to review the proposed scope of the project, identify goals for a successful outcome and formalize the project schedule. The meeting will be held in person and via Zoom so that WSB staff working on the project from remote locations can join the meeting. Data Collection and Review of Previous Reports WSB will collect data on the City of Melissa’s existing wastewater conveyance system, to include; layouts, sizes, elevations and slopes of existing sanitary sewer mains eight (8) inches in diameter and larger. WSB will also collect information on all existing wastewater lift stations owned and operated by the City of Melissa. Existing data on wastewater flows within the existing system will be collected, including data on wastewater flows from the interceptor sewer lines exiting the City of Anna at the Throckmorton Creek, Clements Creek and Stiff Creek points of entry (POE). WSB will review planning and engineering documents from the City of Anna, the City of Melissa, and the City of McKinney (Clemons Creek) including but not limited to; comprehensive municipal plans containing land use and zoning maps and other pertinent information, comprehensive sanitary sewer plans, engineering reports on sanitary sewer system improvements, and plans and specifications on specific wastewater infrastructure projects. WSB will conduct a thorough review of the recently completed Upper East Fork Interceptor System (UEFIS) Regional Capacity Assurance Phase 3 Final Report prepared by Jacobs Engineering Group, Inc. dated August 2024. SewerCAD Modeling WSB proposes to create a model of all existing “trunk” sanitary sewer pipes within the City of Melissa with a diameter of 12-inches or greater. (All pipes less than 12-inches in diameter will be identified and analyzed as “sewersheds” with the combined flow in the pipes less than 12-inch diameter in each sewershed modeled as entering the trunk sewers at single points of entry (POE). WSB proposes to use the modeling tool known as “Bentley SewerCAD v10”. The Bentley SewerCAD software is the most commonly used sanitary sewer modeling tool for systems the size of the City of Melissa. Proposal for Engineering Services Sanitary Sewer System Modeling and Preliminary Engineering Report Anna and Melissa, Texas February 18, 2025 Page 3 WSB will estimate peak hourly wet weather (PHWW) flows throughout the City of Melissa wastewater conveyance system by utilizing existing and proposed land uses along with historical data on wastewater flows occurring during periods of wet weather. Data from flow meters installed on interceptor sewers and City of Melissa lift station flow measuring devices (actual flow meters or pump run-time meters), along with peaking factors provided in the Texas Commission on Environmental Quality (TCEQ) standards for wastewater collection systems, will be used to calculate peak flows. Peak wastewater flows will be calibrated using flow data from downstream flow meter stations on interceptor sewers. Preliminary Engineering Report WSB will prepare a preliminary engineering report containing analyses of the SewerCAD modeling runs and recommendations for improvements to the City of Melissa sanitary sewer collection and pumping systems identified as needed to eliminate system bottlenecks. Cost Estimates WSB will determine options and provide project cost estimates for proposed sanitary sewer system improvements, to include new or upgraded trunk and interceptor sewers and new or upgraded lift stations. Projects will be separated by sewer basins, broken down into three (3)- year time blocks and spread out over the next 30 years. Best estimates of the effect of inflation on construction costs will be provided. Deliverables The following deliverables will be included: • Signed final report (including maps and cost estimates) in PDF electronic format. • SewerCAD Models of the City of Melissa wastewater conveyance system, one based on the proposed near-term system and a second based on the proposed full build-out system. • All supporting documentation. Exclusions Additional items and work tasks NOT included in the scope of services provided by WSB at this time include; 1.) Survey services. 2.) Geotechnical services. 3.) Right-of-way or property acquisition services. 4.) Construction-phase infrastructure design services. SCHEDULE AND FEES Project Schedule WSB will begin the project coordination and subsequent modeling and report preparation immediately after authorization of this proposal. The proposed schedule includes the following timeframes: Task Timeframe Kick-Off Mtg., Data Collection, Review of Past Reports March 2025 Completion of Preliminary Modeling Runs April 2025 Completion of Draft Preliminary Engineering Report May 2025 Review of Modeling Results and Prelim Engr. Report June 2025 Final Model and Prelim. Engr. Report Submittals July 2025 Proposal for Engineering Services Sanitary Sewer System Modeling and Preliminary Engineering Report Anna and Melissa, Texas February 18, 2025 Page 4 Fees Compensation for services performed shall be on an hourly, not-to-exceed basis based on the actual hours worked for personnel asssigned to the project, plus reimbursable expenses. WSB proposes to perform these services for the following estimated fees. Task Fee Phase 1 – Data Collection and Review of Previous Reports $28,960 Phase 2 – SewerCAD Modeling $27,330 Phase 3 – Preliminary Engineering Report $29,120 Total Design and Construction-Related Services $85,410 WSB will invoice on the basis of actual hours spent at current billing rates. Additional services, if requested and approved by the City of Melissa will be invoiced on the basis of actual hours spent at current billing rates. All services will be invoiced monthly. The proposed scope and fee represents our complete understanding of the project based on discussions with City of Anna and Melissa staff. If the scope and fee appear to be appropriate, please sign on the space provided and email one copy to me. WSB will start work upon receipt of a signed contract. Sincerely, WSB Tim Porter, P.E. Steve Nelson, PE Project Manager Director of Water/Wastewater ACCEPTED BY CITY OF ANNA, TEXAS Signature Printed Name Title Date Item No. 6.k. City Council Agenda Staff Report Meeting Date: 2/25/2025 Staff Contact: Stephanie Scott-Sims AGENDA ITEM: Approve a Resolution regarding Wildflower Meadows, Preliminary Plat (PP 24-0016). (Director of Development Services Stephanie Scott-Sims, AICP) SUMMARY: 252 Single-Family Townhome (SF-TH) lots, and nine Homeowners Association/Common Area lots on 31.5± acres, located on the north side of County Road 284, 1,150± feet west of S. Central Expressway (U.S. Highway 75). Zoned Planned Development/SF-TH Townhome (SF-TH)/ Single Family Residence- Zero Lot Line (SF-Z)/ Single-Family Residence (SF-60)/SF-72 Single-Family Residence (SF-72)/ Single-Family Residence (SF-84)/ Single-Family Residence District (SF 10.5)/ Multiple- Family Residential - High Density (MF-2)/General Commercial District (C-2). At its February 3, 2025, meeting, the Planning & Zoning Commission recommended approval (7-0) as submitted subject to Council approval of the requested Subdivision Regulation waivers. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: The applicant is requesting a waiver from the following Subdivision Regulations: Sec. 9.02.087(b) - Minimum frontage on a public street Sec. 9.02.081(c)(4) - Approach Streets and Access The regulations are as follows: Sec. 9.02.087(b) - Minimum Frontage on A Public Street Each lot on a subdivision plat shall front onto a dedicated, improved public street, unless platted as an approved private street subdivision in accordance with these subdivision regulations. All lots shall have a minimum of 40 feet of frontage along the property line of a dedicated, improved street unless other provisions have been authorized under Article 9.04 or an approved planned development district. With this being a single-family attached dwelling community, each with a rear-entry garage from an alley, the applicant is requesting that common area lots be provided between the street right-of-way and the front of the lots. This is commonly known as a Mews lot. Mews lots are a common feature in mixed use and higher density master planned developments. Mews lot examples in Collin County can be found attached to this report. Sec. 9.02.081(c)(4) - Approach Streets and Access All subdivisions must have at least two points of vehicular access, and must be connected via improved streets (streets that meet the City standards) to the City’s improved thoroughfare and street system by one or more approach streets of such dimensions and improved to such standards as required herein. All residential subdivisions, with the exception of multifamily dwellings and single-unit or duplex unit park developments, shall provide no less than one entrance for each 50 lots including stubs for future development and in no case shall have more than 150 lots for each connection to an existing street. A development between 250 and 300 lots requires six (6) entrances. As proposed, the development has five entrances to connect to the City's thoroughfare system. One of those is a single, median-divided entrance from the City’s improved thoroughfare system which provides at least two routes to the interior of the subdivision. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Locator Map - Wildflower Meadows, Preliminary Plat (PP 24-0016) 2. Resolution - Wildflower Meadows, Preliminary Plat (PP 24-0016) 3. Exhibit A - Wildflower Meadows, Preliminary Plat (PP 24-0016) 4. Waiver Letter Lot Right-of-Way Frontage - Wildflower Meadows, Preliminary Plat (PP 24-0016) 5. Waiver of Access Drives - Wildflower Meadows, Preliminary Plat (PP 24-0016) COU N T Y ROA D 9 1 5 TAYLOR BLVD CO U N T Y RO A D 9 1 6S CENTRALEXPYCOUNTY ROAD 284 C OUNTY ROAD 2 8 6 S STA N D R I D G E B L V D US HIGHWAY 75East ForkTri nit y Ri v er121 5 V a n A l s t y n e 75 SH 121 SH 5 Subject Property City Limits ETJ ¯ 0 500 1,000250 Feet January 2025 Wildflower Meadows Preliminary Plat (PP 24-0016) Inset Map CITY OF ANNA, TEXAS PZ RESOLUTION NO. __2025-02-_____________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING WILDFLOWER MEADOWS, PRELIMINARY PLAT. (PP 24-0016) WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas has adopted Article 9.02 (“Subdivision Regulations”) and Article 9.04 (“Zoning Ordinance”) of the Anna City Code of Ordinances; and WHEREAS, Wildflower Anna LLC has submitted an application for the approval of Wildflower Meadows, Preliminary Plat; and WHEREAS, the Preliminary Plat conforms to the City’s Subdivision Regulations and Zoning Ordinance; and NOW THEREFORE, BE IT RESOLVED BY THE PLANNING & ZONING COMMISSION OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Preliminary Plat The Planning & Zoning Commission hereby approves Wildflower Meadows, Preliminary Plat attached hereto as Exhibit A subject to additions and/or alterations to the engineering plans as required by the City Engineer. PASSED AND APPROVED by the Planning & Zoning Commission of the City of Anna, Texas, on this 3rd day of February, 2025. ATTEST: APPROVED: _____________________________ ______________________________ Director of Development Services, Planning & Zoning Commission, Chair Stephanie Scott-Sims, AICP Jessica Walden NOTES SHEET 1 OF 2 OF OUT OF THE IN THE COLLIN COUNTY, TEXASCORWIN ENGINEERING, INC. PREPARED BY 200 W. BELMONT, SUITE E 972-396-1200 ALLEN, TEXAS 75013 CORWIN JOB NO. 24056 0 100 200 SCALE: 1" = 100' CITY OF ANNA PRELIMINARY PLAT T. RATTAN SURVEY, ABSTRACT NO. 782 6. 5. 4. LEGEND 3. 2. 1. J. COFFMAN SURVEY, ABSTRACT NO. 197 248-345-3818 FRISCO, TX 75034 8668 JOHN HICKMAN PKWY STE 907 OWNER/DEVELOPER U.S. HWY. 75LOCATION PROJECT TAYLOR BLVD CIRCLETWIN CREEKS C.R. 284 C.R. 286WHITE STREET BLVDSTANDRIDGE W OUTER LP RD FOSTER CROSSING RD C.R. 286 LN HIGHVIEW C.R. 288 RD CROSSING FOSTER JANUARY 2025 SCALE: 1"=100'ABSTRACT NO. 782T. RATTAN SURVEYABSTRACT NO. 197J. COFFMAN SURVEYABSTRACT NO. 504W. KITCHINGS SURVEYABSTRACT NO. 782T. RATTAN SURVEY ABSTRACT NO. 504 W. KITCHINGS SURVEY ABSTRACT NO. 197 J. COFFMAN SURVEY ABSTRACT NO. 782T. RATTAN SURVEYABSTRACT NO. 197J. COFFMAN SURVEYDOC. NO. 2023000127879 PARTNERS, LLC. CRYSTAL ANNA RESIDENTIAL DOC. NO. 2023000127879 PARTNERS, LLC. CRYSTAL ANNA RESIDENTIAL DOC. NO. 2023000068839 BLOOMFIELD HOMES, LP. WILDFLOWER MEADOWS 45' R.O.W. DEDICATION 40' R.O.W. DEDICATION(50' R.O.W.)(50' R.O.W.) (50' R.O.W.) (50' R.O. W.) (50' R.O.W.)(50' R.O.W.)(50' R .O .W .)(60' R.O.W.)(60 ' R .O .W .)(5 0' R .O .W .)34 .5 '34 .5 ' BUFFER /COMMON AREA - 0 .084 AC .LOT 8X - 20 ' LANDSCAPE BUFFER /COMMON AREA-0 .084 AC .LOT 7X - 20 ' LANDSCAPE LOT 6X - 20' LANDSCAPE BUFFER/COM MON AREA - 0.456 AC. 0.012 AC. LOT 4X - COMMON AREA 0.005 AC. LOT 3X - COMMON AREA 0.060 AC. COMMON AREA 20' LANDSCAPE BUFFER/ LOT 2X W. KITCHINGS SURVEY, ABSTRACT NO. 504 POINT OF BEGINNING 1/2" IRF 1/2" IRF U.S. HIGHWAY NO. 75(VARIABLE R.O.W.)DOC. NO. 96-0023111 VIRGIL WREN MILLER DOC. NO. 20090915001153020 ESTATE OF DOW & SUE RATTAN JOHN RATTAN DOC. NO. 2021122002387010 COLLIN COUNTY COMMUNITY COLLEGE All common areas to be dedicated to and maintained by the Home Owners Association, Inc. of utilities and building certificates. Subdivision Ordinance and State platting statues and is subject to fines and withholding Selling a portion of this addition by metes and bounds is a violation of the city I.R.F. - Iron Rod Found B.L.. - Building Line - Street Name Change unless otherwise noted. points of tangency, and angle points in public right-of-way boundary corners, block corners, points of curvature, •" iron rods with "CORWIN ENGR. INC." caps set at all by bearing. All lot lines are radial or perpendicular to the street unless otherwise noted 2023000127880, in the Deed Records of Collin County, Texas. Bearings are referenced to a 29.754 acre tract, as described in Doc No. STANDRIDGE PARKW AY DOC . NO . 30 ' STREET EASEMENT 30 ' R .O .W .WILDFLOWER ANNA, LLC. 0.908 AC. DRAINAGE ESMT. COMMON AREA/ LANDSCAPE BUFFER/ LOT 1X S89°59'26"E-134'+/- TO ABSTRACT CORNER N.T.S. VICINITY MAP ZONED: PD 31.513 ACRES DEVELOPED TO SF-TH STANDARDS TOTAL LOTS 261 COMMON AREA LOTS - 9 RESIDENTIAL LOTS - 252 BLOCK G - LOTS 1-21 BLOCK F - LOTS 1-40 BLOCK E - LOTS 1-31 BLOCK D - LOTS 1-67 BLOCK C - LOTS 1-26 BLOCK B - LOTS 1-32 BLOCK A - LOTS 1-35 12 ' CLUSTER MAILBOX CLUSTER MAILBOX 1.369 AC. AMENITY CENTER/COMMON AREALOT 5X 0.019 AC. LOT 9XCRYSTAL PARKWAY RAI N LI LY DR.MEADOW BROOK DRIVE VIOLET VISTA DRIVE JASMINE WAYBLOSSOM BOULEVARDBEE BALM WAY S UN F LOW E R D R .PRIMROSE PATHHONEYSUCKLE WAY TAYLOR BOULEVARD 2 3 4 5 6 7 8 9 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 1 1 1 1 1 2 3 4 5 6 7 8 9 2 3 4 5 6 7 8 9 2 3 4 5 6 7 8 9 2 3 4 5 6 7 8 9 2 3 4 5 6 7 8 9 10 10 10 10 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4041 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 11 12 13 14 15 16 17 18 19 20 21 22 23242526 440.97' 10 ' B .L .10 ' B .L .10 ' B .L .10 ' B .L .15 ' B .L .10' B.L.15' B. L.15' B. L. 15 ' B .L .15' B.L. 15' B.L. 15' B.L. 15' B.L. 10' B.L. 10' B.L. 10' B.L. 10' B.L. 10' B.L. 10' B.L.10' B.L.10' B.L.10' B.L.10' B.L.10' B.L.10' B.L.10' B.L.10' B.L.10' B.L.10' B.L.15' B.L.15' B.L.15' B.L.15' B.L.15' B.L.15' B .L .10' B.L.10' B.L.10' B.L.10' B.L.10' B.L.10' B.L.10' B.L.15' B.L.15' B.L.15' B.L.15' B. L. 15' B .L .10' B.L.10' B.L. 10' B.L.10' B.L.10' B.L.10' B.L.10' B.L.10' B.L.10' B.L.15' B.L.1 5' B.L.15' B.L.15' B.L. 25'25'35'35'25'25' 25'25'35'35'25'25' 25'25'""35'35'25'25'"" 25'""25'35'35'25'""25' 35'70'70'30'25'25' 25'25'35'25'25'"""25'25'25'25'35'35'35'35'""""""25'""25'35'35'25'""""25'35'35'25'"""25'25'25'25'25'25'25'25'25'25'25'25'25'25'""""""""""""25'25'25'25'25'25'25'25'25'25'25'25'25'25'25'25'25'25'25'25'25'25'25'25'25'25'25'25'25'25'25'25'25'25'25'25'25'""""""""""""""""""""""""""""35'35'35'35'35'35'35'35'35'35'35'35'35'35'35'35'35'35'35'35'35'35'35'35'35'35'35'35'35'35'35'35'35'35'25'35'25'25'25'25'25'25'35'35'"""""23'33'25'25'25'25'25'25'25'25'25'25'25'25'""""""""35'35'35'35'25'25'25'25'25'25'25'25'25'25'25'25'25'25'25'""""""""""""""35'35'35'35'35'35'35'35'25 ' 25 ' 25 ' 25 ' 39 ' 34 ' " " " " " "55'55'70'25 ' 25 ' 25 ' 25 ' " " " "25'25'25'25'"""""""25'25'35'35'25'25' 25' 25' 25' 25'25' 25' 25' 25' 35'35' 35'35' 35'35'35'35' """" """" ""25' 25' 25' 25'25' 25' 25' 25'25'"""""""" """" """" 35'35' 35' 35' 25'25'25'25'25'25' 25' 25' 35'35' 35' 35' " """" """""""N18°15'04"E 800.08'N 7 8 °2 4'5 6 "W 2 6 3 .5 0'N53°12'38"W 295.97' N42°25'45"E 562.86' = 28°12'09" R= 470.00 ' L= 231.35' C= 229.02' B= S66°55'27"E = 05°33'42" R= 1150.00' L= 111.63' C= 111.58' B= N41°01'09"E = 07°44'23" R= 1500.00' L= 202.63' C= 202.47' B= N38°33'33"E 25' R=40' 25'R=175' R=45'R=200'R=50'R=20 0'R=225'R=200'R=200 '75'R=200'R = 2 0 0' R=6 0 0'R=200'R=200'R=225'275'20' ALLEY 20' ALLEY 20' ALLEY20' ALLEY20' A LLEY 20' ALLEY20 ' ALLEY 20 ' ALLEY 20' ALLEY20' ALLEY20' ALLEY20' ALLEY 20' AL L E Y20' ALLEY 276 '20'59'37'66'16'20'11'94'20'25'25'25'25'28'7'30' 124' 28' 28' 75'19'59'14'53'89'92'59'4'21'26'73'21'30'38'41'48'25'42'55 '42'37 ' 39 '70'42 '70'33 ' 219 ' 39 '70'37 ' 55 ' 55 '19'29'42'22'21'72'33'25'194'35'35' 2 5'26'8'29' 99'67'70'42' 23'26' 58'65' 21'23'4'21'6'19' 54'248'28'80'336'96'82' 46'6' 14 0' 9 1'80'44'5 6'27'6'16'9 1'21'25'25'22'3'72'36'21'16'9'23'46' 19' 58'100' 4 2' 17'47' 19'33'36'20'5'25'63'198'196 '25'2 5 '25'9'16' 567'456' 53'R=500'247' 21 '27'22'12'31'26'32'30'32'56'24'61'34'18'47'28'30'48'16'11'42'74'26'25'24'25'42'56'16'597'5'23'6'61'507'7'8'13'33'23' = 16°50'28" R= 565.00' L= 166.07' C= 165.48' B= S09°49'50"W S81°01 '24"E 1424 .76 ' S04°28'23"E 34.21' S50°23'31"E 50.49' = 24°46'06" R= 220.00' L= 95.10' C= 94.37' B= S23°55'09"W 20' 7'7'N01°24'36"E 138'N11°32'06"E 510'S68°39'20" 209'27'53' 130 '205' 270'30.01'S07°48'23"WN81°01 '24"W 670 .39 ' 35.36' S53°58'36"W N81°01 '24"W 194 .83 ' 30.01' S07°37'31"W 259 '44' 44'85'85'"""""""""85'85'85'""""""175'180'119' 19'62'35'56'36' 61'85'85'85'85'85'"""""""""""""""""""85'85'85'105'100'97'95'93'92'92'92'92'93'85'85'"""""""85'85'"""""""""""""""""""""""""""""""""""""""""""""""85'85'"""" " " " " " " " " " 85' 85' 8 5' 8 5' 8 5' " " " " " " " " " " " " " "85'85'85'85'"""""""102'96'92'87'85'85'85'85'85'"""""112'93'91' 85'85' 85'91'86'85'"""""""""""""""""""""""" 87'88'89'90'91'""""""""""" 1 2 3 4 5 6 7 8 9 101112131415161718192021 25' 25'25' 55' F E D E D A A B B C D C G FD R=40'25'35'59 60 61 62 63 64 65 66 67 271'284'275'25'36'38'29' 40'28' 8 5' 8 8' 98' 114' 129' 14 4' 16 5' 85' " " 82 ' 88' 93' 10 0' 107'25'25'25'40'R=595'174'367'62' 64 ' 69 '65'65'35'R=300'42'227'R=250'R=250'125'107'96'S01°24'36"W 274.84'N88°35'24"W 790.22'S18°15'04"W 367.28' = 06°42'58" R= 330.00' L= 38.68' C= 38.66' B= S14°53'35"W 48.42' S08°58'36"W = 27°19'36" R= 280.00' L= 133.54' C= 132.28' B= S22°38'24"W 58 270.82S11°32'6"W Item No. 6.l. City Council Agenda Staff Report Meeting Date: 2/25/2025 Staff Contact: Gregory Peters AGENDA ITEM: Approve a Resolution authorizing the City Manager to execute an amendment to the contract for wholesale wastewater treatment and transport with Chambers Grove Municipal Utility District Number 1, in a form approved by the City Attorney. (Assistant City Manager Greg Peters, P.E.) SUMMARY: This item is to authorize the execution of an amendment to the contract with Chambers Grove Municipal Utility District Number 1 for transport through the City of Anna wastewater system and wastewater treatment at the Hurricane Creek Regional Wastewater Treatment Plant. FINANCIAL IMPACT: Revenues received from Chambers Grove Municipal Utility District Number 1 for this service will be accounted for in the annual operating budget of the City of Anna to fund the debt service, operation, and maintenance of the City of Anna's wastewater utility. Providing this much needed regional service to adjacent communities will allow Anna to better control future utility costs for all Anna neighbors. BACKGROUND: The City of Anna is currently constructing the first phase of a regional wastewater treatment plant in the southwest portion of the City. The treatment plant will provide sewer treatment for all development in the City of Anna west of US 75 and for adjacent customer cities and customer MUD's. The 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. Chambers Grove Municipal Utility District Number 1 will construct a trunk sewer main which will connect the district to the City of Anna wastewater system. The City previously entered into an agreement with Chambers Grove Municipal Utility District Number 1 for transport through the City of Anna wastewater system and wastewater treatment at the Hurricane Creek Regional Wastewater Treatment Plant. The original agreement was approved in Resolution 2022-04-1143, and is attached as Exhibit A. At that time, the City had not calculated final rates that will be charged for the services provided by the City. Now that more information is available regarding the final construction costs and ongoing maintenance costs, the City has developed a rate model to use in all contracts for this service. The attached amended agreement has been updated to include the rates identified by the City of Anna which will be charged to the Chambers Grove Municipal Utility District Number 1. Staff recommends approval of this item, subject to form as approved by the City Attorney. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Exhibit A - Res 2022-04-1143 Chambers Grove MUD Wastewater Treatment and Transport Agreement 2. Resolution - Amended Anna-CGMUD1 Wholesale Wastewater Contract 3. Amended Wholesale WW Agreement City of Anna Chambers Grove MUD 1 CITY OF ANNA, TEXAS RESOLUTION NO.Qa- A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR WHOLESALE WASTEWATER TREATMENT BY AND BETWEEN THE CITY OF ANNA, TEXAS AND CHAMBERS GROVE MUNICIPAL UTILITY DISTRICT NO, 13 IN A FORM APPROVED BY THE CITY ATTORNEY, AS SHOWN IN EXHIBIT A" ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Anna is seeking to construct the Hurricane Creek Regional Wastewater Treatment Plant in the southwest portion of the Extraterritorial Jurisdiction of the City of Anna; and, WHEREAS, the Chambers Grove Municipal Utility District No. 1 (Chambers Grove) is a proposed residential development in the Extraterritorial Jurisdiction of the City of Anna, Texas; and WHEREAS, Chambers Grove is seeking to contract with the City of Anna to receive wholesale wastewater treatment services from the City of Anna at the proposed Hurricane Creek Regional Wastewater Treatment Plant; and, WHEREAS, Chambers Grove has requested to enter into a contract for Wholesale Wastewater Treatment Services with the understanding that final rates to be charged for the services are yet to be determined; and, WHEREAS, upon the completion of a final rate study and adoption of wholesale wastewater rates by the City Council of the City of Anna, the wholesale wastewater treatment rates will be attached to the agreement as an exhibit and will be made a part of the agreement; and, WHEREAS, upon the adoption of the preliminary plat for Chambers Grove Subdivision by the City Council of the City of Anna, the legal description of the property will be attached to the agreement as an exhibit and will be made a part of the agreement; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1, Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Authorization, WHOLESALE WASTEWATER CONTRACT Page 1 016751.000001\4870-0727-7081.v2 The City Council hereby approves entering into and authorizes the City Manager to execute an agreement with the Chambers Grove Municipal Utility District No. 1 as shown in Exhibit "A" attached hereto. WHOLESALE WASTEWATER CONTRACT Page 2 016751.000001\4870-0727-7081.v2 PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this Jay of aulLt 2022. ATTEST: City Secretary, Carrie L. Land WHOLESALE WASTEWATER CONTRACT Page 3 016751.000001\4870-0727-7081.v2 APPROVED: A/i;r,, a Mayor, Nate Pike Exhibit A following page) WHOLESALE WASTEWATER CONTRACT Page 4 016751.000001\4870-0727-7081.v2 WHOLESALE WASTEWATER CONTRACT This Wholesale Wastewater Contract (this "Contract") is made and entered into on this, the / I day of April, 2022 (the "Effective Date") by and between the City of Anna, Texas, a Texas home -rule municipality ("Anna"), and Chambers Grove Municipal Utility District No. 1, a political subdivision of the State of Texas ("Customer"). RECITALS The following recitals are: (1) true and correct; (2) incorporated as part of this Contract for all purposes; (3) evidence the intent of the Parties in entering into this Contract; and (4) to be used in interpreting this Contract. WHEREAS, Customer is a municipal utility district created pursuant to the provisions of Article XVI, Section 59 of the Texas Constitution and operating under the provisions of Chapters 49 and 54 of the Texas Water Code, as amended; WHEREAS, Customer was created to provide, among other services, Wastewater service to certain property in Collin County, Texas known as Chambers Grove (the Development"), which Development covers the 257.374 acres of land described in Exhibit A", attached hereto and made a part hereof (the "Property"); WHEREAS, in order to provide Wastewater treatment to serve the Development, Customer will need a source of wholesale Wastewater treatment capacity; and WHEREAS, subject to securing a TCEQ Texas Pollutant Discharge Elimination Perrmit, and once the construction of the Anna System is completed, Anna shall have the capability to provide wholesale Wastewater treatment capacity adequate to serve full development of the Property. NOW, THEREFORE, Anna and Customer, in consideration of the terms, covenants and conons herein contained, hereby agree as follows. AGREEMENT Article 1. Definitions When used in this Contract, the following terms, when capitalized, shall be defined as follows. 1.01 "Act" or "the Act" -the Federal Water Pollution Control Act, also known as the Clean Water Act ("CWA"), as amended (33 U.S.C. 1251, et seq.). WHOLESALE WASTEWATER CONTRACT Page 5 016751.000001\4870-0727-7081.v2 1.02 "Amenity Center" — any open space, clubhouse and swimming pool owned and operated by a homeowner association created to serve the Property. 1.03 "Anna System" or "Anna's System" -Anna's Wastewater Treatement Plant as said plant may expanded or connected to other systems over time. 1.04 "Approved Connection Point(s)" -the points of entry identified in Exhibit "B" through which Customer is authorized to discharge Wastewater into the Anna System. 1.05 "Basin Map" -the map attached hereto as Exhibit "B", identifying the service area under this Contract and the Approved Connection Points. Such service area shall automatically be amended to include any land annexed into the boundaries of Customer in accordance with the laws of the State of Texas. 1.06 "Calibration" - verification of primary measuring device and secondary instrumentation accuracy utilizing then -current standard primary device calibration procedures and signals recognized as acceptable within the industry or a separate flow measurement instrument. 1.07 "Customer Annual Amount of Flow" — an annual average amount of Flow not to exceed 350,000 gallons per day. This amount of flow shall automatically be increased pro-rata in the amount of any additional acreage annexed into Customer's boundaries in accordance with the laws of the State of Texas. 1.08 "Customer System" or "Customer's System" -the Customer's facilities used for collection or transportation of Wastewater to an Approved Connection Point(s), including without limitation the Delivery Facilities. 1.09 "Delivery Facilities" or "Delivery Facility"facilities necessary for the transmission of Wastewater to the Anna System that are on the Customer's side of the Approved Connection Point(s). 1.10 "Director" -the designee appointed or authorized by the Anna City Manager to act on Anna's behalf. 1.11 "Flow" —the collective total of all Wastewater, Industrial Waste, Inflow, Infiltration, Liquid Waste, Suspended Solids, and any other matter transmitted from Customer's System through all Approved Connection Point(s), collectively. 1.12 "Industrial Waste" —non-domestic sewage that may include water -borne solids, liquids or gaseous substances resulting from industrial, manufacturing or food processing WHOLESALE WASTEWATER CONTRACT Page 6 016751.000001\4870-0727-7081.v2 operations, or from the development of a natural resource, or any mixture of these with water or domestic sewage. 1.13 "Infiltration" - water that has migrated from the ground into the Wastewater system. 1.14 "Inflow" - water other than sewage that enters a Wastewater system (including sewer service connections) from sources such as, but not limited to, roof leaders, cellar drains, yard drains, area drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary catch basins, cooling towers, storm waters, surface runoff, street wash waters or drainage. Inflow does not include, and is distinguished from, Infiltration. 1.15 "Liquid Waste" -the water -borne solids, liquids, and gaseous substances typically stored temporarily in a container and derived from sources including, but not limited to, grease traps, septic tanks, chemical toilet waste, and sand trap waste. 1.16 "Metering and Sampling Facility" or "Metering and Sampling Facilities" -the meter, meter vault, and all metering and telemetry equipment needed to measure or sample the Flow from the Customer's System at the Approved Connection Point(s)or other such locations as the Parties mutually agree upon in writing. 1.17 "Party" or "Parties" -Anna and Customer may also be referred to in the singular as Party" and in the plural as "Parties." 1.18 "Prohibited Discharge" —any discharge prohibited by 40 C.F.R. 403.5. 1.19 "Publicly Owned Treatment Works" ("POTW") — a treatment works as defined by Section 212 of the Act (33 U.S.C. 1292) owned or operated by a governmental entity including Customer's System and Anna's System. 1.20 "Suspended Solids" —the total suspended matter that floats on the surface of, or is suspended in, water, Wastewater, or other liquid, and which is removable by laboratory filtering. 1.21 "System Cost" -operating expenses and capital -related costs incurred by Anna pursuant to the provision of Wastewater collection and treatment service to the wholesale class of sewer customers including, without limitation, all costs identified whether specifically or by implication as System Costs under this Contract. Such costs are to be collected by Anna as a component of the annual cost of providing wholesale Wastewater service. WHOLESALE WASTEWATER CONTRACT Page 7 016751.000001 \4870-0727-7081.v2 1.22 "TCEQ" — the Texas Commission on Environmental Quality or its successor agency(ies). 1.23 "Wastewater" — water containing other liquid and water -carried wastes and sewage exclusively from residential dwellings and an Amenity Center whether treated or untreated, which are contributed to a Publicly Owned Treatment Works. 1.24 "Wastewater Treatment Plant" —the collection and treatment system that is the subject of TCEQ proposed Texas Pollutant Discharge Elimination System Permit No. WQ0016043001 (EPA I.D. No. TX0141721) located (or to be constructed and located) approximately 1.56 miles west of the intersection of the Collin County Outer Loop and U.S. 75, in Collin County, Texas 75409. Article 2. Construction and Connection to the Anna System 2.01 As of the Effective Date Anna has applied to the TCEQ for a Texas Pollutant Discharge Elimination System Permit (the "Discharge Permit") to utilize the Wastewater Treatment Plant to discharge treated wastewater at a volume not to exceed an annual average flow of 16,000,000 gallons per day ("GPD"). Notwithstanding any provision of this Contract, if the TCEQ does not grant the Discharge Permit on or before January 1, 2023, then Customer may proceed to terminate this Contract in accordance with the procedures and requirements of Article 17. If the Discharge Permit is timely granted, then Anna shall construct the Wastewater Treatment Plant in accordance with the Discharge Permit (i.e. the first phase of the Wastewater Treatment Plant shall be capable of providing no less than 2,000,000 GPD of Wastewater Treatment Service). Anna shall commence construction of the Wastewater Treatment Plant on or before 180 calendar days after the Discharge Permit is timely granted by the TCEQ. Anna shall complete construction of the Wastewater Treatment Plant on or before 545 calendar days after the Discharge Permit is timely granted by the TCEQ. Notwithstanding any provision A this Contract, if Anna fails to timely commence construction of the Wastewater Treatment Plant, then Customer may proceed to terminate this Contract in accordance with the procedures and requirements of Article 17. Notwithstanding any provision of this Contract, if Anna fails to timely complete construction of the Wastewater Treatment Plant, then Customer may proceed to terminate this Contract in accordance with the procedures and requirements of Article 17. The term commence construction" as used in this paragraph means to commence the work of constructing any part of the Wastewater Treatment Plant or the site of said plant: (i) with all approvals thereof required by Anna obtained as necessary; (ii) after a notice to proceed has been issued to Anna's contractor(s); and (iii) onsite construction of the site WHOLESALE WASTEWATER CONTRACT Page 8 016751.000001\4870-0727-7081.v2 development components (such as drainage, grading or utilities) is underway. The term complete construction" as used in this paragraph means to have constructed the Wastewater Treatment Plant and all of its components to the extent necessary to allow for the Customer Annual Amount of Flow from Customer's System into the Approved Connection Point(s). In the event Anna obtains the Discharge Permit but fails to complete construction of the first phase of the Wastewater Treatment Plant within 545 calendar days thereafter and Customer does not terminate this Agreement, then Anna agrees to allow Customer to provide retail Wastewater service to customers within its service area and Anna will provide Wastewater treatment services by pumping such Wastewater from Customer's System and hauling it elsewhwere for treatment. 2.02 Anna hereby grants to Customer, conditioned upon compliance with the terms and conditions contained herein, permission to connect Customer's System to the Anna System for the term of this Contract and provided that Customer is not in breach of any material provision of this Contract. 2.03 Anna agrees to accept all conforming and lawfully acceptable Wastewater delivered by Customer in accordance with this Contract to all Approved Connection Point(s), collectively, and at such additional points as the Parties may mutually agree upon, in writing, at a later time. Customer agrees to deliver all of its Wastewater flows from the area depicted in the Basin Map, attached as Exhibit "B", to Anna unless otherwise approved in writing by Anna. Customer acknowledges the need to this limited exclusivity in order the reduce the number of small -volume "package plants" and so that Anna may adequately plan capacity needs for Anna, Customer, and other customers or users of the Anna System. Customer further acknowledges that this limited exclusivity does not create or evidence monopolistic power on the part of or by Anna. 2.04 The cost of all Delivery Facilities necessary to convey Wastewater to the designated Approved Connection Points, whether shown on Exhibit "B" or mutually agreed upon at a later date by the Parties, together with the cost of connection of the Customer System to the Anna System, shall be borne solely by Customer, including the cost of acquisition of any necessary rights -of -way and easements to and from such Delivery Facilities; provided, however, Anna does hereby consent (subject to feasibility as determined by the Director) to Customer installing any portion of Customer's System in right-of-way or wastewater system easements granted to Anna. Customer shall provide Anna with sixty (60) calendar days written notice before installing any portion of the Customer System in a right-of-way or wastewater system easement granted to Anna, and shall coordinate all work with the Director and all appropriate Anna departments. WHOLESALE WASTEWATER CONTRACT Page 9 016751.000001\4870-0727-7081.v2 In the event Anna requests Customer to increase the size of any such Delivery Facility in order to serve areas outside of the Property, the difference in the cost of the Delivery Facilities attributable to the size increase shall be at Anna's expense. If Anna requests Customer to increase size of any portion of the Delivery System, Anna shall reimburse Customer for such additional cost (engineering and construction) immediately upon completion of such facilities. 2.05 Unless mutually agreed to, in writing, by Anna and Customer, Customer shall be responsible for the design, construction, and financing of Customer's System and the Delivery Facilities including the cost of and acquisition of any necessary rights -of -way and easements to and from such facilities. All designs, materials, and specifications shall, at a minimum, conform to the City of Anna's and state law and regulatory requirements in all material respects. Plans and specifications for any Delivery Facility connecting to the Anna System shall be submitted to the Director for written approval in advance of construction of same, which approval shall not be unreasonably conditioned, delayed or withheld. Without limiting the foregoing, no construction of any portion of Customer's System that may be located on Anna's property may begin until the Director has approved the plans and specifications for the work. Customer agrees that Anna, at its sole cost, has the right to make periodic inspections during the construction phase of the Delivery Facilities. Final acceptance of each facility is subject to the inspection by and written approval of the Director. 2.06 Customer agrees not to provide service to any user or users that, singly or in combination, would discharge more than the Customer Annual Amount of Flow into the Anna System or that would cause Customers daily flow to Anna to exceed the Customer Annual Amount of Flow (monthly average) without first providing written notice to Anna. Article 3. Maintenance of Customer System 3.01 Customer agrees to maintain Customer's System in good and working condition and to make all necessary repairstimely manner. Anna shall not have any responsibility or liability for the operation of the Customer's System, it being Customer's sole responsibility to provide adequate facilities to deliver its Wastewater to the Anna System. Customer shall also promptly comply with any permit requirements, environmental regulations, and any other laws or regulations, whether state or federal, applying to Customer's System. Article 4. Metering and Sampling Facilities WHOLESALE WASTEWATER CONTRACT Page 10 016751.000001\4870-0727-7081.v2 4.01 Unless otherwise agreed to in writing, Anna shall have the option to construct one 1) Customer Metering and Sampling Facilities at each Approved Connection Point, not in existence as of the Effective Date. Upon exercising this option, Anna shall inform Customer, and Customer shall acquire a site reasonably acceptable to Anna. All reasonable construction costs incurred by Anna, including, but not limited to, site preparation, design and engineering, construction, and equipment for such facilities, together with the costs of necessary easements and rights of way, shall be fully reimbursed to Anna by Customer. Any costs incurred by Anna associated with any necessary modifications of a Metering and Sampling Facility to accommodate a complete initial installation satisfactory to Anna shall also be fully reimbursed to Anna by Customer. 4.02 On the Effective Date, or, if the Metering and Sampling Facilities have not been constructed as of the Effective Date, on such later date as the construction and installation of the Metering and Sampling Facilities are complete, Customer shall transfer ownership of all Customer Metering and Sampling Facilities to Anna at no cost. 4.03 If additional Approved Connection Points are agreed to be added to deliver Customer's Wastewater to the Anna System and Anna declines to exercise its option to construct additional Metering and Sampling Facilities for same, Customer shall construct Metering and Sampling Facilities for each such Approved Connection Point, 4.04 The Metering and Sampling Facilities shall be designed and engineered in a manner reasonably satisfactory to Anna. Customer shall transfer ownership of such newly constructed facilities at no cost to Anna. 4.05 Customer shall provide Anna with all necessary access easements and rights of way in a form reasonably satisfactory to Anna. Customer shall provide Anna a perpetual route of ingress and egress to Metering and Sampling Facilities, which shall be accessible by Anna at all times without notice. 4.06 Anna, at its sole cost, shall have the right to inspect and approve the Metering and Sampling Facilities prior to accepting the transfer. Anna's approval and acceptance of the Metering and Sampling Facilities shall not be unreasonably conditioned, delayed or withheld. In the event Anna rejects the transfer, it shall provide Customer a written notice of the deficiency Customer must correct before proceeding with the transfer of the Metering and Sampling Facility in question. 4.07 Upon accepting the transfer of a Metering and Sampling Facility, Anna shall have the sole authority and exclusive right and license to enter, use, operate, and maintain the Metering and Sampling Facilities. Anna shall thenceforth be solely responsible for the operational and maintenance responsibilities and costs associated with said facilities. Anna also shall have the discretion to construct improvements, expansions, and replacements to WHOLESALE WASTEWATER CONTRACT Pagel l 016751.000001\4870-0727-7081.v2 the Metering and Sampling Facilities as a System Cost and at the timing of Anna's needs, provided, however, that Anna shall permit Customer to review proposed construction, expansion, and replacement plans. Customer will grant and provide to Anna such permits or easements as are necessary for the continuous operation and maintenance of all Metering and Sampling Facilities. All such costs incurred by Anna for the operation, maintenance, construction, expansion or replacement of Customer Metering and Sampling Facilities shall be a System Cost. 4.08 Expenses incurred by Anna for the operation and maintenance of Customer Metering and Sampling Facilities are System Costs and shall include, without limitation, the following: a. Cost of electricity at the facilities; b. Cost of the installation and maintenance of a scada system at the facilities and to the control center and all costs of maintaining connectivity, including access or lease charges; c. Cost of annual calibration and field measured velocity profiles; d. Cost of parts, materials and supplies required for repairs, calibrations, and upgrading of the facilities; e. Labor cost plus fringe benefits and indirect costs for repairs, calibrations, and upgrading of the facilities, f. Maintenance costs of ingress and egress and meter facility site; g. Administrative costs, including record and book keeping, overhead, and rate setting costs; and h. Any additional monitoring to ensure compliance with state and federal regulations governing Wastewater treatment. 4.09 Replacement of facilities described in this Article 4 or equipment therein occasioned as a result of obsolescence due to age, excessive maintenance, growth or other reasons as determined by the Director shall be a System Cost. Any replacement facility or equipment therein shall comply with Anna's standards and specifications. 4.10 Anna shall have the sole right to secure the Metering and Sampling Facilities in order to prevent tampering or other interference with the facility. Anna shall have the sole right to control access to the facilities. WHOLESALE WASTEWATER CONTRACT Page 12 016751.000001\4870-0727-7081.v2 4.11 Customer may request permission, in writing, to inspect a particular Metering and Sampling Facility once per month. Anna shall, upon receiving a written request from Customer, coordinate with Customer to set an appointment during normal business hours and within three (3) business days after receiving the written notice. At the appointed date and time, Anna will accompany and allow Customer enter and inspect the Metering and Sampling Facilities. 4.12 Customer may request that Anna test the accuracy of each meter once per quarter; otherwise, Anna shall test each meter once per year. Any reading, Calibration or adjustment to such metering equipment shall be done by employees or agents of Anna. Anna shall notify Customer at least seventy-two (72) hours in advance of the date and time for any testing, reading, calibration or adjustment, and Customer may have personnel present to observe, if so desired, by sending Anna written notice of its intention to do so. Anna shall, upon receiving a written notice from Customer, coordinate with Customer to set an appointment during normal business hours and within ten (10) business days after receiving the written notice. At the appointed time, Anna will allow Customer's personnel to enter and observe Anna's employees or agents conduct the appropriate tests to measure the accuracy of the meter. Anna shall have the right to conduct its own tests or Calibration without notice and at any time it deems appropriate. 4.13 Customer must present any complaint or request for adjustment based on meter accuracy in writing to Anna no later than forty-five (45) days after the test was completed or any such complaint or request is waived. If Customer fails to test or request a test of a meter during a given quarter, Customer waives any complaints, disputes, or claims regarding meter accuracy for that quarter and all preceding quarters. Article 5. Rights -of -Way 5.01 Customer shall grant, without charge to Anna, such easements, rights -of --way or other necessary property rights along public streets, alleys or other property owned by Customer, to the extent lawful and as reasonably necessary, to construct or maintain facilities to provide Wastewater collection. Whenever it is deemed necessary by Anna to remove, alter, change, adapt or conform any portion of Customer's System located on property owned by Anna, such alterations shall be made by Customer at Customer's expense within thirty (30) days from the issuance of written notice to Customer to make the alterations unless a different schedule has been approved by Anna in writing. All work done by or on behalf of a Party under this paragraph will be performed in accordance with specifications equal to those applying to work of a similar nature performed by such Party, but neither Party will be required to restore the other's property to a condition exceeding its original condition, unless otherwise mutually agreed upon in writing. Anna and WHOLESALE WASTEWATER CONTRACT Page 13 016751.000001\4870-0727-7081.v2 Customer agree to coordinate the location of the mains and facilities in the other's easements and rights -of --way in order to prevent conflicts insofar as reasonably practicable. Article 6. Metering and Sampling 6.01 All Flow discharged into the Anna System by Customer shall be metered. 6.02 Anna shall enter all readings of meters into data collection systems that Anna shall maintain. Customer shall have access to such records during reasonable business hours and shall be furnished with monthly totalizer readings for each Approved Connection Point Metering and Sampling Facility. 6.03 Anna shall calibrate and service the meters once during each twelve (12) month period. Copies of the results of such Calibration and all related information will be provided to Customer on request. 6.04 Subject to the provisions of Section 4.13, after a Calibration is completed, if it is determined that a meter is under -metering or over -metering Flow by more than 5%, the registration of the Flow as determined by the meter shall be corrected for a period extending back to the time such inaccuracy began, if such time is ascertainable; or, if such time is not ascertainable, then for a period extending back one-half of the time elapsed since the date of the last Calibration, but in no event further back than a period of twelve (12) months. 6.05 If any meter used to determine volume from Customer is out of service or out of repair or otherwise incapable of providing any information that would allow the Parties to ascertain or compute the amount of Flow, the Flow delivered through the period such meter is out of service, out of repair or otherwise incapable of providing Flow information shall be the average Flow of the last twelve (12) months plus three percent (3%), divided by three -hundred and sixty-five, and the result multiplied by the number of days the meter is out of service or out of repair. 6.07 If in the opinion of the Director, fiirther monitoring of the Wastewater is desirable to ensure ongoing compliance with state and federal regulations, the Director may order that additional monitoring be performed with or without prior notice to Customer. All information obtained as a result of such compliance monitoring shall be provided to the Customer upon request. Anna will provide notice of such compliance monitoring to Customer within a reasonable time after obtaining the results of testing. 6.08 All costs incurred by Anna under this Article are System Costs. WHOLESALE WASTEWATER CONTRACT Page 14 016751.000001 \4870-0727-7081.v2 Article 7. Rates, Charges, and Surcharges 7.01 Rates, Charges, and Surcharges are yet to be determined but once determined will be uniformly applied to all similarly situated same -class wholesale customers that discharge Wastewater into the Wastewater Treatment Plant under contract with the City. Once the Rates, Charges and Surcharges for wholesale Wastewater service is finally determined, this article and Exhibit "C" shall be amended to specify same. However, the methodolgy used to determine such rates, charges and surcharges shall be consistent with the current terms provided in Exhibit "C". Class of wholesale customers shall be based solely on the type of Wastwater being discharged by such customer into the Anna System, so that customers discharging similar types of wastewater shall be charged the same volumetric rate. 7.02 Any challenge to a rate, surcharge or fee established by the Anna City Council must be brought within ninety (90) days after Customer is provided noticed of such adoption by Customer submitting a written objection in accordance with the applicable provisions of Article 24 of this Contract. Anna shall provide Customer with written notice of each such rate increase within thirty (30) calendar days after such rate increase. 7.03 Bills for Wastewater service are submitted to Customer on a monthly basis. Amounts billed are due and payable not more than forty-five (45) calendar days after the date such bill is forwarded to Customer. Bills will show current charges, as well as past - due charges, if any. Current charges includes the amount due for service provided since the prior billing period. Past -due charges is the total amount unpaid from all prior billings as of the current billing date. Payments received by Anna shall first be applied to the past -due charges, if any, and thereafter to the current charges. Any challenge to a billing must be submitted, in writing, to Anna within forty-five (45) calendar days of the billing date, or any objection to the billing is waived. 7.04 If Customer disputes a bill, it shall nevertheless continue to promptly make the disputed payment or payments. Dispute of a bill is not grounds for non-payment. Notwithstanding the provisions of Chapter 2251 of the Texas Government Code, in the event a payment is not paid as specified in this Contract, a finance charge of the lower of 10%, per annum, or the maximum rate allowed by law, per annum, will be calculated from the date that the payment was required to be made. In the event the amount finally determined to be due is less than the full amount of the disputed bill, then the amount found to be in excess of the amount due will be credited to the Customer's account together with any interest Anna assessed Customer on the credited amount of the disputed bill. 7.05 The Parties agree that this Contract is a contract for goods or services under the provisions of Subchapter I, Chapter 271, Tex. Local Gov't. Code and that services obtained WHOLESALE WASTEWATER CONTRACT Page I5 016751.000001\4870-0727-7081.v2 pursuant to this Contract are essential and necessary to the operation of Customer's waterworks and Wastewater facilities. The Parties agree that all payments made by Customer constitute reasonable and necessary operating expenses of Customer's waterwvorlcs and Wastewater system. Customer and the City waive any immunity from suit or liability relating to this Contract. 7.06 Customer agrees, throughout the term of this Contract, to continuously operate and maintain its waterworks system, and to fix and collect such rates and charges for Wastewater service as will produce revenues in an amount equal to at least (i) all of its operation and maintenance expenses of such system, including specifically its payments under this Contract; and (ii) all other amounts as required by law and the provisions of the its revenue bonds or other debt obligations now or hereafter outstanding, including the amounts required to pay all principal of and interest on such bonds and other obligations. 7.07 The Parties agree that the rates established in accordance with this Contract are reasonable and in the public interest, and that any change in the Contract price is necessary 1) to avoid impairing the ability of Anna to continue providing Wastewater service, (2) to avoid casting an excessive burden on other customer or users of the Anna System, and (3) to avoid being unduly discriminatory to or among customer classes. Customer acknowledges that it has entered into this Contract willingly after determining, after considering alternative sources and methods of providing for its Wastewater needs, that entering into this Contract is in the best interests of Customer and its constituent users. 7.08 Customer represents and covenants that all payments made by it under this Contract shall constitute reasonable and necessary operating expense of its Customer System and that all such payments will be made from the revenues of its System. Customer represents and has determined that the Wastewater service to be obtained from the System is absolutely necessary and essential to the present and future operation of its Wastewater system. Accordingly, all payments required by this Contract to be made by Customer shall constitute reasonable and necessary operating expense of its respective system as described herein, with the effect that the obligation to malice such payments from revenues of such systems shall have priority over any obligation to malice any payments from such revenues whether of principal, interest, or otherwise) with respect to all bonds or other debt obligations heretofore or hereafter issued by Customer. 7.09 Upon the occurrence of Customer's first failure to pay any amount billed for service under this Contract, which amount remains unpaid for more than sixty (60) days after its due date, Customer agrees to establish a security fund to be held in trust by Anna in the amount of three (3) month's average billings, from which Anna may withdraw funds to secure payment of the billing. Customer shall thereafter immediately replenish and restore the account to the required amount and maintain the full balance required in the fund for WHOLESALE WASTEWATER CONTRACT Page 16 016751.000001\4870-0727-7081.v2 the remainder of the term of the Contract, notwithstanding Anna's withdrawals to satisfy billings remaining unpaid for more than sixty (60) days after the due date. 7.10 In the event that the security fund is not established, at the expiration of sixty (60) days after such amounts are due, Customer shall be in default under this Contract, and Anna may invoke the remedies specified herein or otherwise available by law. 7.11 The security fund described in Section 7.09 shall be deposited with the Anna City Manager in cash, in the form of an unconditional, irrevocable standby letter of credit, a performance/surety bond, or other instrument or security in a form acceptable to the Anna City Attorney. The letter of credit, bond, or other instrument shall in no event require the consent of Customer prior to the collection by Anna of any amounts covered by the letter of credit, bond, or other instrument. 7.12 Customer acknowledges that it will accrue no equity or any other interest in the Anna System or any other assets of Anna as a result of payment or other performance pursuant to this Contract. 7.13 Except as specifically provided herein, no other fees shall be due and payable by Customer to Anna for wastewater service. In particular, neither Customer nor any retail customer located within the Property shall be required to pay to Anna any "impact" or capital recovery fee" related to wastewater conveyance or treatment capacity or service. Article 8. Class is exclusively Residential, Outside of City_ 8.01 The Parties agree and understand that the Property shall be developed and used solely for residential housing. Residential housing shall consist of single family homes, townhomes, duplexes, quadraplexes, and any other form of single or multi -family housing, either for rent or ownership by the residents, as well as any open -space or amenities provided to such residents. There shall be no retail, commercial, industrial, institutional or any other development or use of the Property or any part thereof. Al Customer agrees that Anna shall have the right to sample Wastewater at all Approved Connection Points and such other locations as may be necessary to determine the volume and quality of Wastewater entering the Anna System. Anna shall have sole authority to determine whether sampling at a location other than an Approved Connection Point is necessary. Customer agrees to disconnect from its system any of its users found to be in violation of allowable discharges or who refuses access to facilities for the purpose of sampling Wastewater being discharged into the Customer System or who is otherwise suspected of malting a Prohibited Discharge or other unauthorized or illegal discharge. WHOLESALE WASTEWATER CONTRACT Page 17 016751.000001\4870-0727-7081.v2 8.03 Following notice to Customer by Anna, Customer grants to Anna the right to enter Customer's jurisdiction if Anna determines that questionable discharges or Prohibited Discharges are entering the Anna System from the Customer System. Customer agrees to assist Anna in locating and eliminating any Prohibited Discharge or otherwise illegal discharge. Article 9. Wastewater Quality 9.01 As a condition of receiving and continuing to receive Wastewater treatment services under this Contract, Customer agrees that, prior to connecting to any Approved Connection Point, it shall enact and enforce such ordinances, rules, orders or other lawful means of enabling Customer to enforce within its jurisdiction regulations governing Industrial Waste which are at least as stringent as the provisions of Chapter 12 of the Anna City Code of Ordinances (regarding Wastewater) and any amendments thereto, and any applicable state or federal regulations relating to discharged substances and Prohibited Discharge. The operation of Customer's System shall in all respects comply with federal and state laws applicable generally to Publicly Owned Treatment Works and with all terms and conditions contained in any permit issued by a federal or state authority regarding Customer's System. 9.02 Section 12.04.004 and 12.04.005 of the Anna City Code of Ordinances are incorporated into this Contract as if fully set forth herein. Anna shall endeavor to provide Customer with a copy of any proposed amendments to those provisions at least sixty (60) calendar days prior to the presentation of such amendments to the Anna City Council, if reasonably possible, during which time Customer shall have an opportunity to review such amendments and provide written comments to Anna. On or before the effective date of any such amendments, Customer shall adopt appropriate conforming ordinances, rules, orders or other lawful means of enabling Customer to enforce within its jurisdiction Articles VI and VII of Chapter 22 of the Anna Code of Ordinances, as amended. 9.03 Customer agrees that the quality of the Wastewater discharged into the Customer System shall be equal to or better than the quality standards established by the Anna City Code of Ordinances, including amendments thereto, or any applicable state or federal law or regulation or permit requirements applicable now or in the future to Anna's System, whichever quality standards are more stringent. Customer shall indemnify, defend and hold Anna harmless to the extent Customer's failure to ensure the quality of Wastewater discharged into Customer's System falls below these quality standards or otherwise causes the Anna System to be in noncompliance with any federal, state or local statutes, rules, regulations or permit requirements. If Customer's System causes the Anna System to be in noncompliance, Customer further agrees to assume responsibility for any repairs, remediation, or other actions necessary to bring the Anna System back into compliance. Customer agrees that, prior to connecting to the any Approved Connection Point, Customer shall secure a general liability insurance policy acceptable to and approved, in writing, by WHOLESALE WASTEWATER CONTRACT Page 18 016751.000001\4870-0727-7081.v2 Anna. This insurance policy must be in the amount of at least $5 million and shall cover any costs necessary to bring Anna back into compliance, including payment of any fines, penalties, surcharges or other fees imposed by any state or federal regulatory agency, statute, law, or regulation, should Customer fail to maintain the requisite Wastewater quality standards. 9.04 Customer shall take all necessary steps to mitigate any odors from Customer's System not attributable to Anna, including but not limited to any odors emitted by air release valves in Customer's System. Customer shall submit plans and specifications for odor control to Anna for approval prior to constructing a Wastewater line. Customer shall thereafter maintain the odor control as approved. Customer may seek Anna's approval to modify the odor control mechanisms as better odor control options become available. Article 10. Infiltration and Inflow 10.01 Customer agrees that it has an obligation to prevent Infiltration and Inflow into Customer's System, and to prevent same from entering the Anna System. Customer further agrees that all connections within its jurisdiction which ultimately enter into the Anna System will be constructed in accordance with specifications and standards at least equal to those of the North Central Texas Council of Governments Public Works Construction Standards North Central Texas, Fifth Edition, technical specifications and construction standards. Customer covenants and agrees to maintain strict supervision and maintenance of its System to prevent connections through which surface drainage can enter Customer's System, in order to prevent such drainage from ultimately being deposited into the Anna System. Customer shall not make, nor shall it permit to be made, any connection which will contribute storm water run-off from rainwater spouts, rainwater areas, streets, gutter drains or other Inflow, Infiltration or other non -Wastewater source of Flow into Customer's System. 10.02 Customer agrees that no discount, deduction, allowance or offset shall be provided fI any Inflow or Infiltration into Customer's System, regardless of the source or cause of such Inflow or Infiltration. Customer stipulates that the provisions of this Article may not be waived for any cause, including but not limited to (a) the actions of any third Party that cause or contribute to Inflow or Infiltration; (b) any unusual weather patterns, including any significant changes in rainfall or temperatures; (c) any Acts of God, or (d) any force majeure of any nature whatsoever that causes, contributes to, or otherwise allows Infiltration or Inflow into the Customer's System. 10.03 Customer agrees that, for the purposes of metering, calculating and billing, all Flow, of whatever kind and from whatever source, including any Infiltration, Inflow, Liquid Waste, and Industrial Wastes, with or without any Suspended Solids, entering the Anna WHOLESALE WASTEWATER CONTRACT Page 19 016751.000001\4870-0727-7081.v2 System from Customer's System shall be treated as Wastewater for which a charge will be made to Customer. Customer agrees that all billing calculations will be based on the total Flow without regard to whether the Flow consists wholly of Wastewater, or contains Inflow, Infiltration, Liquid Waste, or Industrial Waste, with or without any Suspended Solids. Article 11. Sludge Disposal 11.01 Customer recognizes the importance of processing and disposing of sludge in a timely and proper manner. Customer will cooperate with Anna in any environmentally sound sludge processing and disposal program meeting federal and state standards within the area served by Customer. Article 12. Waste haulers 12.01 Customer shall not introduce nor cause, suffer or permit to be introduced, and shall prohibit the introduction of, Liquid Waste into the Customer System by liquid waste haulers, either directly or indirectly. Article 13. Reports and Records 13.01 Customer shall provide to Arena the following data on a quarterly basis: a. The actual number of Customer's accounts discharging directly or indirectly into the Anna System or Customer System within its service area; b. A classification of domestic and nondomestic accounts within Customer's service area by number and percentage of accounts discharging directly or indirectly into the Customer System; and, c. Additional data which may assist Anna in developing methodology for cost - of -service studies, planning studies for analyzing federal grants, and system access fees; provided, however, that Anna shall not request data that will require Customer to incur unreasonable expenses in providing such data or the production of confidential information. Article 14. Notices WHOLESALE WASTEWATER CONTRACT Page 20 016751.000001\4870-0727-7081.v2 14.01 Any notice, communication, request, reply or advice herein provided or permitted to be given, made or accepted by either Party to the other Party must be in writing and mailed certified U.S. mail, return receipt requested to: City of Anna: City of Anna Attn: City Manager 200 N. Fifth Street Anna, Texas 75040 With a copy to: Wolfe, Tidwell &McCoy, LLP Attn: Clark McCoy 2591 Dallas Parkway, Suite 300 Frisco, Texas 75034 Customer: Chambers Grove Municipal Utility District No. 1 c/o CoatsjRose P.C. Attn: Tim Green 14755 Preston Road, Suite 600 Dallas, Texas 75254 Each party shall provide written notification to the other of any change in address. Article 15. Inspection and Audit of Records 15.01 Complete records and accounts shall be maintained by each Party for a minimum period of five years or such longer period of time as may be required by applicable law. Each Party shall at all times, upon notice, have the right at reasonable times to examine and inspect records and accounts relating to this Contract during normal business hours; and further, if required by any law, rule or regulation, make the records and accounts available to federal and state auditors. Article 16. Intentionally Deleted. Article 17. Breach of Contract/Remedies 17.01 Any material breach of the duties or the obligations of this Contract, or failure to faithfully keep and perform any of the terms, conditions and provisions hereof shall be subject to the remedies provided herein, including but not limited to termination. The non. WHOLESALE WASTEWATER CONTRACT Page 21 016751.000001\4870-0727-7081.v2 breaching Party shall provide the breaching Party ninety (90) calendar days written notice A such breach. The written notice shall include a reasonable description of the breach. If the Customer is the breaching Party, and fails or refuses to cure the breach, then Anna shall have the right, with three (3) years advance written additional notice to Customer and without any liability whatsoever on the part of Anna, to declare this Contract terminated at the end of such three (3) year period. In the event of termination of this Contract, all rights, powers, and privileges of Customer shall cease and terminate and Customer shall make no claim of any kind whatsoever against Anna, its agents or representatives, by reason of such termination or any act incident thereto. In the event Anna gives notice of termination, and Customer subsequently cures the material breach, Anna may, in its sole discretion, withdraw the termination notice. In any event, the non -breaching Party shall advise the alleged breaching Party in writing immediately upon acceptance of the cure of any default. The following shall, without limitation, be considered to be a material breach: a. Customer's failure to adopt and enforce policies or standards necessary to enforce any applicable Anna ordinances, or any applicable state or federal laws or regulations; b. Customer's failure to pay any bill, charge or fee as provided for in this Contract; herein; c. Customer's malting any connection to the Anna System at any point except as provided in Section 2.03; d. Customer's failure to provide Anna ingress and egress for purposes of sampling and operation and maintenance of any metering or any sampling facility; e. Customer's failure to provide Anna rights -of --way as required herein; Customer's failure to permit any sampling of Wastewater as provided for i. Customer's failure to maintain the quality of discharge required by Article 9; or j. Customer's failure to comply with Article 19 of this Contract. lt. Anna's failure to timely provide the necessary Wastewater service to serve the Customer in a volume of Flow not to exceed the Customer Annual Amount of Flow. WHOLESALE WASTEWATER CONTRACT Page 22 016751.000001\4870-0727-7081.v2 17.02 Failure to provide notice of breach is not waiver - Anna. Anna's failure to provide a notice of breach or acceptance of any benefits under this Contract for any period of time after Customer's material breach, default or failure is not a waiver by Anna of any rights relative to any subsequent material breach, default or failure. 17.03 Failure to provide notice of breach is not waiver -Customer. Customer's failure to provide a notice of breach or acceptance of any benefits under this Contract for any period of time after City's breach, default or failure is not a waiver by Customer of any rights relative to any subsequent material breach, default or failure. 17.04 If a Party is in default under this Contract, then the non -defaulting Party shall, whether or not the termination provisions of this Article 17 have been involved, be entitled to all remedies available under applicable law including, but not limited to, specific performance, injunctive relief, mandamus relief, and damages; and termination as provided in Section 17.01. 17.05 Each Party hereto aclvnowledges that this Contract is for the providing of goods and services and, pursuant to Section 271.151, Texas Local Government Code, each has waived its immunity from suit solely for the purpose of the other Party enforcing the express terms, conditions, and obligations of this Contract. Article 18. Ownership and Liability 18.01 No provision of this Contract shall be construed to create any type of joint or equity ownership of any property, any partnership or joint venture, nor shall same create any other rights or liabilities. Customer payments (whether past, present, or future) will not be construed as granting Customer partial ownership of, pre -paid capacity in, or equity in the Anna System. 18.02 Liability for damages arising out of the transportation, delivery, reception, treatment, and disposal of all Wastewater discharged into the Anna System shall remain with the Customer, together with title and ownership thereto, until such Wastewater passes through the Approved Connection Point(s), at which time title, ownership and liability for such damage shall pass to Anna, save and except that title to any Prohibited Discharge and any liability therefor shall not pass to Anna unless such Prohibited Discharge originated in the Anna System. Any effluent produced by and discharged by Anna from any treatment plants owned or operated by Anna shall be owned by Anna, regardless of originating source of Wastewater. 18.03 Contracts made and entered into by either Customer or Anna for the construction, reconstruction or repair of any Delivery Facility shall include the requirements that the WHOLESALE WASTEWATER CONTRACT Page 23 016751.000001\4870-0727-7081.v2 independent contractor must provide adequate insurance protecting both the Customer and Anna as insureds. Such contracts must also provide that the independent contractor covenant to indemnify, hold harmless and defend both the Customer and Anna against any and all suits or claims for damages of any nature arising out of the performance of such contracts, and include any other provisions required by federal, state, or local laws or regulations. Article 19. Compliance with Permit Conditions 19.01 Customer acknowledges that Anna is the holder of discharge permits issued by the United States and the State of Texas. Customer agrees that it will comply with all such permit conditions in any way relating to the System and the discharge into the System. Customer agrees that in the event a fine is assessed against Anna for any violation of any permit condition, and the violation is the result of any act of omission or commission by Customer, the amount of the fine will be assessed to Customer and Customer shall pay to Anna the amount of such fine. If such fine is not attributable to a specific customer, such fine shall be considered a System Cost and allocable to the Customer in accordance with the provisions of this Contract. Article 20. Term of Contract 20.01 This Contract shall continue in force and effect far• a period of forty-five (45) years TOM the Effective Date hereof and shall be subsequently extended automatically for additional ten-year terms until terminated by either Party in accordance with the terms hereof. A Party wishing to terminate this Contract pursuant to this Article 20 must give the other Party no less than three (3) years advance written notice of its intent to terminate at the end of the current term. This Contract is being entered into by Customer to accommondate the purchase of the Property by or any affiliate thereof ("Stratford"). Affiliate" shall mean an entity or person in which at least ninety percent (90%) of the equity of which is directly or indirectly owned by Stratford or the owner of Stratford.. In the event Stratford does not close on the purchase of the Property by June 30, 2023, then Customer shall have the option for a period ending on December 31, 2023 to terminate this Contract upon notice thereof to Anna and neither Party thereafter shall have any further rights or obligations hereunder. 20.02 The provisions of this Article 20 shall not apply to a Party seeking to terminate this Contract for cause as set forth in Article 17, or timely exercising the right to terminate set forth in Section 24.04 of this Contract. WHOLESALE WASTEWATER CONTRACT Page 24 016751.000001 \4870-0727-7081.v2 Article 21. Force Maieure 21.01 No Party hereto shall be considered to be in default in the performance of any of the obligations hereunder (other than obligations of either Party to pay costs and expenses) if such failure of performance shall be due to circumstances beyond the reasonable control of the Parties, including but not limited to, the failure of facilities, flood, earthquake, tornado, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute and action or non -action by a failure to obtain the necessary authorizations and approvals from any governmental agency or authority or the electorate, labor or material shortage, sabotage, or restraint by a court order or public authority, which by the exercise of due diligence and foresight the Party could not have reasonably been expected to avoid and which by exercise of due diligence it shall be unable to overcome. Either Party rendered unable to fulfill any obligation by reason of an uncontrollable force shall exercise due diligence to enable fulfillment of its obligations under this Contract. 21.02 As noted in Article 10 of this Contract, this Force Majeure provision shall not be applicable to any claims by Customer regarding Inflow or Infiltration. 21.03 In the event the proper operation of the Anna System, as a result of the above, requires Anna to temporarily interrupt all or part of the services to Customer, Customer shall not recover any damages from Anna arising fi•om or related to the temporary interruption of services, including, but not limited to, any direct or consequential damages.. Article 22. Effective Date 22.01 This Contract, together with all terms and conditions and covenants, shall take firll force and effect on the later of the dates this Contract is approved by Anna and signed by the authorized representative of each Party. Article 23 Miscellaneous 23.01 This Contract is subject to all applicable federal and state laws and any applicable permit requirements, ordinances, or amendments adopted pursuant to Article 9, and all applicable rules, orders, and regulations of any state or federal governmental authority having or asserting jurisdiction, but nothing contained herein shall be construed as a waiver of any right to question or contest any such law, ordinance, order, rule or regulation in any forum having jurisdiction, or of any right to appeal any decision or ruling by same. WHOLESALE WASTEWATER CONTRACT Page 25 016751.000001\4870-0727-7081.v2 23.02 Customer agrees to abide by any changes in this Contract made necessary by any amendment or revision to state or federal regulations. 23.03 In each instance herein where reference is made to a federal or state regulation or statute or to the Anna City Code of Ordinances, it is the intention of the Parties that, at any given time, the then current federal or state regulation or statute or Anna ordinance shall apply. If a publication or reference work referred to herein is discontinued or ceases to be the generally accepted work in its field, or if conditions change, or new methods or processes are implemented by Anna, new standards shall be adopted that are in compliance with state and federal laws and any valid rules and regulations pursuant thereto. 23.04 Anna shall comply with all federal, state and local government requirements necessary to obtain grants and assistance for system design, system construction and studies. Customer agrees to assist Anna in compliance by setting adequate rates, establishing proper user charges and complying with governmental requirements. 23.05 All exhibits to this Contract are incorporated herein by reference for all purposes wherever reference is made to the same. 23.06 Section or article headings in this Contract are for convenience only and do not purport to accurately or completely describe the contents of any section or article. Such headings are not to be construed as a part of this Contract or any way defining, limiting or amplifying the provisions hereof. 23.07 This Contract constitutes the sole and only agreement between Customer and Anna and supersedes any prior understanding or oral or written agreements between Customer and Anna with respect to the subject matter of this Contract. 23.08 This Contract shall inure only to the benefit of the Parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a thiI d party beneficiary of this Contract. Each Party hereto shall be solely responsible for the fulfillment of its customer's contracts or commitments, and Anna shall not be construed to be responsible for Customer's contracts or commitments by virtue of this Contract or any provision contained herein. 23.09 Customer shall neither assign any of the rights or obligations of this Contract nor contract with individual or entity located outside Customer's boundaries to connect to Customer's System without Anna's prior written approval. 23.10 Each Party shall provide the other Party with a copy of the minute action, order, ordinance or resolution authorizing the execution of this Contract. WHOLESALE WASTEWATER CONTRACT Page 26 016751.000001\4870-0727-7081.v2 Article 24. Step Dispute Resolution 24.01 Disputes other than Rate or Fee disputes. In accordance with the provisions of Subchapter I, Chapter 271, Tex. Local Gov't. Code, the Parties agree that, prior to instituting any lawsuit or other proceeding arising from a dispute under this Contract, the Parties will first attempt to resolve the dispute by taking the following steps: (1) a written notice substantially describing the nature of the dispute shall be delivered by the dissatisfied Party to the other Party, which notice shall request a written response to be delivered to the dissatisfied Party, which notice shall request a written response to be delivered to the dissatisfied Party not less than five days after receipt of the notice of dispute; (2) if the response does not reasonably resolve the dispute, in the opinion of the dissatisfied Party, the dissatisfied Party shall give notice to that effect to the other Party whereupon each Party shall appoint a person having authority over the activities of the respective Parties who shall promptly meet, in person, in an effort to resolve the dispute, and (3) if those persons cannot or do not resolve the dispute, then the Parties shall each appoint a person from the highest tier of managerial responsibility within each respective Party, who shall then promptly meet, in person, in an effort to resolve the dispute. Any suit filed prior to performing these steps shall be abated pending completion of this step process. This Section shall not apply to any disputes regarding rates or fees Anna charges Customer. 24.02 Rate or Fee Disputes. Customer agrees that, as a condition precedent to instituting any lawsuit or other proceeding arising from a rate or fee dispute (including any surcharges Anna may assess) under this Contract, Customer shall first attempt to resolve the dispute by taking the following steps: a. Customer shall deliver a written notice substantially describing the nature of and reasons for the dispute to Anna, b. Anna shall respond to the dispute notification in writing within ten business days after receipt of the notice of dispute; c. if Customer does not believe Anna's response reasonably resolves the dispute, Customer may, within ten business days after receipt of Anna's response, request, in writing, that the Anna City Council consider the rate or fee dispute; and d. Anna shall, within ten (10) business days of receipt of Customer's written request that the Anna City Council consider the dispute, place the matter on the Anna City Council agenda for either a regular or special meeting. WHOLESALE WASTEWATER CONTRACT Page 27 016751.000001\4870-0727-7081.v2 24.03 Customer shall appear before and have one hour to present any evidence and arguments it has regarding the rate or fee dispute to the Anna City Council. The Anna City Council shall issue a written final decision regarding the rate or fee dispute within ten business days after Customer's appearance and said decision shall be final subject to any remedy Customer may have under applicable law. 24.04 Expenses. Customer shall have the right to challenge Anna's decision regarding any rate or fee dispute before the PUC. If Customer initiates or participates in any proceeding regarding the Wastewater rate and City's policies under this Contract and advocate a position that is adverse to City, and City prevails, Customer shall reimburse City for its reasonable expenses, including attorneys' fees in the proceeding, within thirty 30) days after City's demand for payment. If Customer initiates or participates in any proceeding regarding the Wastewater rate and City's policies under this Contract and advocate a position that is adverse to City, and Customer prevails, Anna shall reimburse Customer for its reasonable expenses, including attorneys' fees in the proceeding, within thirty (30) days after Customers demand for payment. Article 25. Exhibits 25.01 The following Exhibits are attached to and made a part of this Contract, and are incorporated by reference for any and all purposes wherever reference is made to same: Exhibit "A" —The legal description of the Property. Exhibit "B" —The Basin Map, including the location of the initial Approved Connection Points at the time this Contract is executed. Exhibit "C" — An example of the methodology Anna shall use to calculate the cost of service. Executed on this day of 2022 CITE OF Proce ity Manager WHOLESALE WASTEWATER CONTRACT Page 28 016751.000001\4870-0727-7081.v2 Executed on this day of , 2022 CHAMBERS GROVE MUNICIPAL UTILITY DISTRICT NO. I President, Board %J Directors WHOLESALE WASTEWATER CONTRACT Page 29 016751.000001\4870-0727-7081.v2 THE PROPERTY WHOLESALE WASTEWATER CONTRACT Page 30 016751.000001\4870-0727-7081.v2 BASIN MAP, INCLUDING APPROVED CONNECTION POINTS WHOLESALE WASTEWATER CONTRACT Page 31 016751.000001\4870-0727-7081.v2 EXHIBIT C THE GENERAL METHODOLOGY ANNA SHALL USE TO CALCULATE THE COST OF SERVICE This exhibit shall be amended in accordance with Section 7.01 of the Contract. Wholesale Wastewater rates established hereunder will be determined based upon cost -of - service analysis to be performed by or on behalf of Anna using the methodologies and principals generally accepted within the industry and detailed further herein, as applicable, and which are generally being utilized by Anna to set the rate for wholesale wastewater service to customers located outside the corporate limits of the Anna. The cost of such analysis is a System Cost. The Parties agree that the methodologies and principals used to conduct acost-of-service analysis shall be those generally accepted within the industry as promulgated by the Water Environment Federation within the WEF Manual of Practice No. 27, Financing and Charges for Wastewater Systems, as revised. Notwithstanding the forgoing, the Parties agree the following methodologies and principals will apply until agreed otherwise in writing: a. The cost of service for the service class shall include allocated reasonable and necessary operation and maintenance expenses based on the then -adopted and approved budget for the Anna System, budgeted debt service including principal and interest payments, capital outlay and budgeted funds necessary to comply with Anna's established financial policies such as, but not limited to, operating cash reserves, externally required or internally adopted debt coverage requirements, repair and replacement reserves, and any other reserve requirements that may be necessary to maintain the financial stability of the Anna's System. b. To determine the allocation and distribution of costs to the service class, the analysis shall consider at least the following factors: total volume, rate %J flow, Wastewater quality, metering, and customer -related costs such as accounting, billing, and monitoring. c. Capital -related costs will consist of budgeted cash capital outlays as well as budgeted debt service payments including principal and interest and debt service coverage as may be required. WHOLESALE WASTEWATER CONTRACT Page 32 016751.000001\4870-0727-7081.v2 CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED CONTRACT FOR WHOLESALE WASTEWATER TREATMENT AND TRANSPORT BETWEEN THE CITY OF ANNA AND CHAMBERS GROVE MUNICIPAL UTLITY DISTRICT NUMBER 1, SUBJECT TO APPROVAL AS TO LEGAL FORM BY THE CITY ATTORNEY, WITH AN EFFECTIVE DATE. WHEREAS, the City of Anna is a Home Rule City in the State of Texas, and; WHEREAS, Chambers Grove Municipal Utility District 1 is a special purpose district in the State of Texas, and; WHEREAS, the, City of Anna and Chambers Grove Municipal Utility District 1 are both growing communities in need of expanding wastewater infrastructure to serve the public, and; WHEREAS, the City of Anna is in the process of constructing the Hurricane Creek Regional Wastewater Treatment Plant facility to provide wastewater treatment for the City of Anna and surrounding areas, and; WHEREAS, the Chambers Grove Municipal Utility District 1 previously entered into an agreement with the City of Anna for the treatment and transport of wastewater from the district’s public wastewater utility system as approved in Resolution 2022-04-1143, and; WHEREAS, now that the total construction and operation costs have been determined for Phase 1 of the Hurricane Creek Wastewater Treatment Plant, the City has developed proposed rates for Chambers Grove Municipal Utility District 1 to pay for the services provided by the City of Anna, and; WHEREAS, it is in the best interest of both the City of Anna and Chambers Grove Municipal Utility District 1 to amend the contract for the wholesale treatment and transport of wastewater, to define the costs for such treatment and transport, and; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1.Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2.Authorization of Wholesale Wastewater Contract. The City Council of the City of Anna, Texas, authorizes the City Manager to execute the attached Amended Wholesale Wastewater Contract, subject to approval as to legal form by the City Attorney. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___ day of February ___, 2025. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie Land Mayor, Pete Cain Exhibit A (following Page) AMENDED WHOLESALE WASTEWATER CONTRACT BETWEEN THE CITY OF ANNA AND CHAMBERS GROVE MUNICIPAL UTILITY DISTRICT NO. 1 This Wholesale Wastewater Contract Between the City of Anna and Chambers Grove Municipal Utility District No. 1 (this “Contract”) is made and entered into as of the Effective Date (as defined herein) by and between the City of Anna, Texas, a Texas home- rule municipality and political subdivision of the State of Texas ("Anna"), and Chambers Grove Municipal Utility District No. 1, a conservation and reclamation district created pursuant to Article XVI, Section 59 of the Texas Constitution and operating pursuant to Chapters 49 and 54, Texas Water Code ("Customer"). RECITALS The following recitals are: (1) true and correct; (2) incorporated as part of this Contract for all purposes; (3) evidence the intent of the Parties in entering into this Contract; and (4) to be used in interpreting this Contract. WHEREAS, the Parties are governmental entities authorized to enter into this agreement under Chapter 791 of the Texas Government Code and other applicable law including without limitation Chapter 51 of the Texas Local Government Code; and WHEREAS, the Customer is a municipal utility district that proposes to serve retail customers within its boundaries as shown on Exhibit A, as may be expanded in accordance with the terms hereof (“Customer’s Service Area”); and WHEREAS, the Customer is a municipal utility district located in Collin County, Texas with nearby rapid growth including sharply increasing demand for retail Wastewater service to serve upcoming residential development; and WHEREAS, in order to provide Wastewater treatment to serve its retail customers, Customer needs a source of wholesale Wastewater treatment capacity; and WHEREAS, subject to securing a TCEQ Texas Pollutant Discharge Elimination Permit, and once the construction of the Anna System is completed, Anna shall have the capability to provide wholesale Wastewater treatment capacity adequate to serve the area within Customer’s Service Area. NOW, THEREFORE, Anna and Customer, in consideration of the terms, covenants and conditions herein contained, hereby agree as follows. 2 AGREEMENT Article 1. Definitions When used in this Contract, the following terms, when capitalized, shall be defined as follows. 1.01 “Act” or "the Act" - the Federal Water Pollution Control Act, also known as the Clean Water Act ("CWA"), as amended (33 U.S.C. 1251, et seq.). 1.02 “Anna System” or “Anna’s System” - Anna's Wastewater Treatment Plant as said plant may be expanded or connected to other systems over time, which is a “Publicly Owned Treatment Works” under Section 307 of the Act. For purposes of this Contract, the Anna System includes all Wastewater treatment plants of Anna as a unified system. 1.03 “Approved Connection Point(s)” - the point(s) of entry identified in Exhibit “B” through which Customer is authorized to discharge Wastewater into the Anna System. 1.04 “Basin Map” - the map attached hereto as Exhibit “B”, identifying the service area under this Contract and the Approved Connection Points. 1.05 “Biochemical Oxygen Demand (BOD)” - the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure, five (5) days at 20 degrees centigrade expressed in terms of mass and concentration [milligrams per liter (mg/1)]. 1.06 “Calibration” - verification of primary measuring device and secondary instrumentation accuracy utilizing then-current standard primary device calibration procedures and signals recognized as acceptable within the industry or a separate flow measurement instrument. 1.07 “Customer Annual Amount of Flow” – an annual average amount of Flow not to exceed the anticipated volumes specific in Exhibit D, listed in gallons per day based on 30- day average. 1.08 “Customer’s Service Area” – the approximately 257.374 acres of land located within the Customer’s boundaries shown in Exhibit A as of the Effective Date as may be expanded in accordance with the terms hereof. 1.09 “Customer System” or “Customer’s System” - the Customer’s facilities used for collection or transportation of Wastewater to an Approved Connection Point(s), including without limitation the Delivery Facilities. 3 1.10 “Delivery Facilities” or “Delivery Facility” - all facilities necessary for the transmission of Wastewater to the Anna System that are on the Customer's side of the Approved Connection Point(s). 1.11 “Director” - the designee appointed or authorized by the Anna City Manager to act on Anna’s behalf. 1.12 “Flow” – the collective total of all Wastewater, Industrial Waste, Inflow, Infiltration, Liquid Waste, Suspended Solids, and any other matter transmitted from Customer’s System through all Approved Connection Point(s), collectively. 1.13 “Industrial User” - a source of non-standard discharge. 1.14 “Industrial Waste” – non-domestic sewage that may include water-borne solids, liquids or gaseous substances resulting from industrial, manufacturing or food processing operations, or from the development of a natural resource, or any mixture of these with water or domestic sewage. 1.15 “Infiltration” - water that has migrated from the ground into the Wastewater system. 1.16 “Inflow” - water other than sewage that enters a Wastewater system (including sewer service connections) from sources such as, but not limited to, roof leaders, cellar drains, yard drains, area drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary catch basins, cooling towers, storm waters, surface runoff, street wash waters or drainage. Inflow does not include, and is distinguished from, Infiltration. 1.17 “Liquid Waste” - the water-borne solids, liquids, and gaseous substances typically stored temporarily in a container and derived from sources including, but not limited to, grease traps, septic tanks, chemical toilet waste, and sand trap waste. 1.18 “Metering and Sampling Facility” or “Metering and Sampling Facilities” - the meter, meter vault, and all metering and telemetry equipment needed to measure or sample the Flow from the Customer’s System at the Approved Connection Point(s) or other such locations as the Parties mutually agree upon in writing. 1.19 “Party” or “Parties” - Anna and Customer may also be referred to in the singular as “Party” and in the plural as “Parties.” 1.20 “Pretreatment” - the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in Wastewater prior to or in lieu of introducing those pollutants into a Publicly Owned Treatment Works generally, but not exclusively, relating to Non-Standard Discharges and Prohibited Discharges. The 4 reduction or alteration of pollutants or the nature of pollutants may be obtained – if not by elimination - by physical, chemical or biological processes, by process changes, or by other means, except by diluting the concentration of the pollutants (unless expressly allowed by an applicable Pretreatment Requirement). 1.21 “Pretreatment Requirement” - a substantive or procedural requirement related to Pretreatment imposed on an Industrial User, other than a Pretreatment Standard. 1.22 “Prohibited Discharge” – any discharge prohibited by 40 C.F.R. 403.5. 1.23 “Publicly Owned Treatment Works” (“POTW”) – a treatment works as defined by Section 212 of the Act (33 U.S.C. 1292) owned or operated by a governmental entity including Customer’s System and Anna’s System. 1.24 “Significant Industrial User” - any of the following: a. An Industrial User subject to categorical Pretreatment Standards; and b. Any other user that: (i) Discharges an average of 25,000 gpd or more of process wastewater; (ii) Contributes a process waste stream which makes up five percent (5%) or more of the hydraulic or organic loading of the treatment plant; or (iii) Is designated as significant by Anna on the basis that the user has a reasonable potential for adversely affecting the operation of a Publicly Owned Treatment Works or for violating any Pretreatment Standard or requirement. 1.25 “Non-Standard Discharge” - Wastewater that is being discharged that fails to meet the quality parameters outlined in Section 7.5. 1.26 “Standard Methods” - those testing or analysis procedures as prescribed in the then current edition of "Standard Methods for Examination of Water and Wastewater," published by the American Public Health Association or the U.S. Environmental Protection Agency Manual of Methodologies for the Examination of Water and Wastewaters, or as will otherwise comply with procedures specified in state and federal discharge permits held by Anna. 1.27 “Strength” - the concentration of dissolved and suspended matter in Wastewater, as indicated by Biochemical Oxygen Demand or suspended solids. 5 1.28 “Suspended Solids” – the total suspended matter that floats on the surface of, or is suspended in, water, Wastewater, or other liquid, and which is removable by laboratory filtering. 1.29 “System Cost” - operating expenses and capital-related costs incurred by Anna pursuant to the provision of Wastewater collection and treatment service to the wholesale class of sewer customers including, without limitation, all costs identified whether specifically or by implication as System Costs under this Contract. Such costs are to be collected by Anna as a component of the annual cost of providing wholesale Wastewater service. 1.30 “TCEQ” – the Texas Commission on Environmental Quality or its successor agency(ies). 1.31 “Wastewater” – water containing other liquid and water-carried wastes and sewage whether treated or untreated, which are contributed to a Publicly Owned Treatment Works. 1.32 “Wastewater Treatment Plant” – the collection and treatment system that is the subject of TCEQ proposed Texas Pollutant Discharge Elimination System Permit No. WQ0016043001 (EPA I.D. No. TX0141721) located (or to be constructed and located) approximately 1.56 miles west of the intersection of the Collin County Outer Loop and U.S. 75, in Collin County, Texas 75409. Article 2. Construction and Connection to the Anna System 2.01 As of the Effective Date Anna has received a Texas Pollutant Discharge Elimination System Permit (the “Discharge Permit”) from the TCEQ to utilize the Wastewater Treatment Plant to discharge treated wastewater at a volume not to exceed an annual average flow of 16,000,000 gallons per day. Anna commenced construction of the Wastewater Treatment Plant on September 22, 2023. Anna shall complete construction of the first phase of the Wastewater Treatment Plant on or before October 1, 2025, which will allow for an annual average flow of up to 500,000 gallons per day of wastewater treatment capacity. Anna shall complete Phase 2 of the plant on or before October 1, 2026, which will allow for an annual average flow of up to 2,500,000 gallons of wastewater treatment capacity. Anna shall continue to construct additional phases of the plant, up to the TCEQ permitted average annual flow of 16,000,000 gallons per day as needed to meet the needs of Anna and its customers. 2.02 Notwithstanding any provision of this Contract, if Anna fails to timely complete construction of a phase of the Wastewater Treatment Plant necessary to meet the Customer's Annual Amount of flow as shown on Exhibit D hereto, then Anna shall be required to pump and haul Wastewater from Customer’s System to meet Customer’s needs, and Customer shall receive a credit for the cost of such services to be applied to charges 6 under Article VII hereof. The term “commence construction” as used in this paragraph means to commence the work of constructing any part of the Wastewater Treatment Plant or the site of said plant: (i) with all approvals thereof required by Anna obtained as necessary; (ii) after a notice to proceed has been issued to Anna’s contractor(s); and (iii) onsite construction of the site development components (such as drainage, grading or utilities) is underway. The term “complete construction” as used in this paragraph means, with respect to each phase of the Wastewater Treatment Plant, to have constructed the Wastewater Treatment Plant and all of its components to the extent necessary to allow for the Customer Annual Amount of Flow from Customer’s System as shown on Exhibit D hereto into the Approved Connection Point(s). 2.03 Anna hereby grants to Customer, conditioned upon compliance with the terms and conditions contained herein, permission to connect Customer’s System to the Anna System for the term of this Contract and provided that Customer is not in material breach of any provision of this Contract. 2.04 Anna agrees to accept all conforming and lawfully acceptable Wastewater delivered by Customer in accordance with this Contract to all Approved Connection Point(s), collectively, and at such additional points as the Parties may mutually agree upon, in writing, at a later time. Customer agrees to deliver all of its Wastewater flows from the area depicted in the Basin Map, attached as Exhibit “B”, to Anna unless otherwise approved in writing by Anna. 2.05 The cost of all Delivery Facilities necessary to convey Wastewater to the designated Approved Connection Points, whether shown on Exhibit “B” or mutually agreed upon at a later date by the Parties, together with the cost of connection of the Customer System to the Anna System, shall be borne solely by Customer, including the cost of acquisition of any necessary rights-of-way and easements to and from such Delivery Facilities; provided, however, Anna does hereby consent (subject to feasibility as determined by the Director) to Customer installing any portion of Customer’s System in right-of-way or wastewater system easements granted to Anna. Customer shall provide Anna with sixty days written notice before installing any portion of the Customer System in a right-of-way or wastewater system easement granted to Anna, and shall coordinate all work with the Director and all appropriate Anna departments. In the event Anna requests Customer to increase the size of any such Delivery Facility in order to serve areas outside of the Customer’s Service Area, the Customer shall have the right to add any portion of such area to the Customer Service Area subject to the terms hereof. The cost of the oversized Delivery Facilities shall be shared by the Parties based on relative Wastewater Flow requested by each Party. The Parties agree to fund construction of the Delivery Facilities as construction progresses. 2.06 Unless mutually agreed to, in writing, by Anna and Customer, and subject to the terms of Section 2.05 hereof, Customer shall be responsible for the design, construction, and financing of Customer’s System and the Delivery Facilities including the cost of and 7 acquisition of any necessary rights-of-way and easements to and from such facilities. All designs, materials, and specifications shall, at a minimum, conform to the City of Anna’s applicable requirements as well as applicable state law and regulatory requirements in all respects. Plans and specifications for any Delivery Facility connecting to the Anna System shall be submitted to the Director for written approval in advance of construction of same, which approval shall not be unreasonably withheld. Without limiting the foregoing, no construction of any portion of Customer’s System that may be located on Anna’s property may begin until the Director has approved the plans and specifications for the work. In the event written response is not received within 30 days from the date of submittal, such plans shall be deemed approved. In the event the Director provides comments to plans and specifications, the Parties shall use best efforts to resolve the comments within 30 days. Customer agrees that Anna has the right to make periodic inspections during the construction phase of the Delivery Facilities. Final acceptance of each facility is subject to the inspection by and written approval of the Director. 2.07 Customer agrees not to provide service to any user or users that, singly or in combination, would discharge more than 2.5 million gallons per day into the Anna System or that would cause Customer’s daily flow to Anna to exceed 500,000 gallons per day (monthly average) without first providing written notice to Anna and receiving written approval in advance from Anna. 2.08 In the event the Delivery Facilities provide Services to areas outside of Customer’s Service Area, Customer’s Approved Connection Point(s) shall be revised accordingly, and Customer shall have no obligation with respect to the cost of construction of any additional Metering and Sampling Facilities needed for Anna to provide service for such additional area. Article 3. Maintenance of Customer System 3.01 Customer agrees to maintain Customer’s System in good and working condition and to make all necessary repairs in a timely manner. Anna shall not have any responsibility or liability for the operation of the Customer’s System, it being Customer’s sole responsibility to provide adequate facilities to deliver its Wastewater to the Anna System. Customer shall also promptly comply with any permit requirements, environmental regulations, and any other laws or regulations, whether state or federal, applying to Customer’s System. Article 4. Metering and Sampling Facilities 4.01 Unless otherwise agreed to in writing, Anna shall have the option to construct Customer Metering and Sampling Facilities not in existence as of the Effective Date. Upon exercising this option, Anna shall inform Customer, and Customer shall acquire a site 8 mutually acceptable to the Parties. All reasonable construction costs incurred by Anna, including, but not limited to, site preparation, design and engineering, construction, and equipment for such facilities, together with the costs of necessary easements and rights of way, shall be fully reimbursed to Anna by Customer. Any costs incurred by Anna associated with any necessary modifications of a Metering and Sampling Facility to accommodate a complete initial installation satisfactory to Anna shall also be fully reimbursed to Anna by Customer. 4.02 On the Effective Date, or, if the Metering and Sampling Facilities have not been constructed as of the Effective Date, on such later date as the construction and installation of the Metering and Sampling Facilities are complete, Customer shall transfer ownership of all Customer Metering and Sampling Facilities to Anna at no cost. 4.03 If additional Approved Connection Points are agreed to be added to deliver Customer’s Wastewater to the Anna System and Anna declines to exercise its option to construct additional Metering and Sampling Facilities for same, Customer shall construct Metering and Sampling Facilities for each such Approved Connection Point at Customer’s sole cost. 4.04 The Metering and Sampling Facilities shall be designed and engineered in a manner satisfactory to Anna. Customer shall transfer ownership of such newly constructed facilities at no cost to Anna. 4.05 Customer shall provide Anna with all reasonably necessary access easements and rights of way in a configuration, size and location mutually acceptable to the Parties. Customer shall provide Anna a perpetual route of ingress and egress to Metering and Sampling Facilities, which shall be accessible by Anna at all times without notice. The forms of any legal document conveying such easements and rights of way shall be in a mutually agreeable form. 4.06 Anna shall have the right to inspect and approve the Metering and Sampling Facilities prior to accepting the transfer. Anna’s approval and acceptance of the Metering and Sampling Facilities shall not be unreasonably withheld. In the event Anna rejects the transfer, it shall provide Customer a written notice of the deficiency Customer must correct before proceeding with the transfer of the Metering and Sampling Facility in question. 4.07 Upon accepting the transfer of a Metering and Sampling Facility, Anna shall have the sole authority and exclusive right and license to enter, use, operate, and maintain the Metering and Sampling Facilities. Anna shall thenceforth be solely responsible for the operational and maintenance responsibilities associated with said facilities. Anna also shall have the discretion to construct improvements, expansions, and replacements to the Metering and Sampling Facilities as a System Cost and at the timing of Anna's needs, provided, however, that Anna shall permit Customer to review proposed construction, 9 expansion, and replacement plans. Customer will grant and provide to Anna such permits or easements as are necessary for the continuous operation and maintenance of all Metering and Sampling Facilities. All such costs incurred by Anna for the operation, maintenance, construction, expansion or replacement of Customer Metering and Sampling Facilities shall be considered System Costs. 4.08 Expenses incurred by Anna for the operation and maintenance of Customer Metering and Sampling Facilities are System Costs and shall include, without limitation, the following: a. Cost of electricity at the facilities; b. Cost of the installation and maintenance of the telemetry service at the facilities and to the control center and all costs of maintaining connectivity, including access or lease charges; c. Cost of calibration and field measured velocity profiles; d. Cost of parts, materials and supplies required for repairs, calibrations, and upgrading of the facilities; e. Labor cost plus fringe benefits and indirect costs for repairs, calibrations, and upgrading of the facilities; f. Maintenance costs of ingress and egress and meter facility site; g. Administrative costs, including record and book keeping, overhead, and rate setting costs; and h. Any additional monitoring to ensure compliance with state and federal regulations governing Wastewater treatment. 4.09 Replacement of facilities described in this Article 4 or equipment therein occasioned as a result of obsolescence due to age, excessive maintenance, growth or other reasons as determined by the Director shall be a System Cost. Any replacement facility or equipment therein shall comply with Anna’s standards and specifications. 4.10 Anna shall have the sole right to secure the Metering and Sampling Facilities in order to prevent tampering or other interference with the facility. Anna shall have the sole right to control access to the facilities. 4.11 Customer may request permission, in writing, to inspect a particular Metering and Sampling Facility once per month. Anna shall, upon receiving a written request from 10 Customer, coordinate with Customer to set an appointment during normal business hours and within three (3) business days after receiving the written notice. At the appointed date and time, Anna will accompany and allow Customer to enter and inspect the Metering and Sampling Facilities. 4.12 Customer may request that Anna test the accuracy of each meter once per quarter; otherwise, Anna shall test each meter at least once per year. Any reading, Calibration or adjustment to such metering equipment shall be done by employees or agents of Anna. Anna shall notify Customer at least seventy-two (72) hours in advance of the date and time for any testing, reading, calibration or adjustment, and Customer may have personnel present to observe, if so desired, by sending Anna written notice of its intention to do so. Anna shall, upon receiving a written notice from Customer, coordinate with Customer to set an appointment during normal business hours and within ten (10) business days after receiving the written notice. At the appointed time, Anna will allow Customer’s personnel to enter and observe Anna’s employees or agents conduct the appropriate tests to measure the accuracy of the meter. Anna shall have the right to conduct its own tests or Calibration without notice and at any time it deems appropriate. 4.13 Customer must present any complaint or request for adjustment based on meter accuracy in writing to Anna no later than fifteen (15) days after the test was completed or any such complaint or request is waived. If Customer fails to test or request a test of a meter during a given quarter, Customer waives any complaints, disputes, or claims regarding meter accuracy for that quarter and all preceding quarters. Article 5. Rights-of-Way 5.01 Whenever it is deemed necessary by Anna to remove, alter, change, adapt or conform any portion of Customer’s System located on property owned by Anna, such alterations shall be made by Customer at Customer’s expense within thirty (30) days from the issuance of written notice to Customer to make the alterations unless a different schedule has been approved by Anna in writing. All work done by or on behalf of a Party under this paragraph will be performed in accordance with specifications equal to those applying to work of a similar nature performed by such Party, but neither Party will be required to restore the other’s property to a condition exceeding its original condition, unless otherwise mutually agreed upon in writing. Anna and Customer agree to coordinate the location of the mains and facilities in the other’s easements and rights-of-way in order to prevent conflicts insofar as reasonably practicable. 11 Article 6. Metering and Sampling 6.01 All Flow discharged into the Anna System by Customer shall be metered. Regardless of any change in the area covered by any CCN held by Customer, the area covered by Customer’s Service Area shall not increase by more than 100% unless by mutual written agreement signed by Anna and Customer. Customer shall provide a revised drawing to Anna showing each revision to Customer’s Service Area. 6.02 Anna shall enter all readings of meters into data collection systems that Anna shall maintain. Customer shall have access to such records during reasonable business hours and shall be furnished with monthly totalizer readings for each Approved Connection Point Metering and Sampling Facility. 6.03 Anna shall calibrate and service the meters no less than once during each twelve (12) month period. Copies of the results of such Calibration and all related information will be provided to Customer on request. 6.04 Subject to the provisions of Section 4.13, after a calibration is completed, if it is determined that a meter is under-metering or over-metering Flow by more than 5%, the registration of the Flow as determined by the meter shall be corrected for a period extending back to the time such inaccuracy began, if such time is ascertainable; or, if such time is not ascertainable, then for a period extending back one-half of the time elapsed since the date of the last Calibration. Notwithstanding the foregoing or any other provision of this Contract, any correction made under this paragraph shall in no event extend further back than a period of twelve months. 6.05 If any meter used to determine volume from Customer is out of service or out of repair or otherwise incapable of providing any information that would allow the Parties to ascertain or compute the amount of Flow, the Flow delivered through the period such meter is out of service, out of repair or otherwise incapable of providing Flow information shall be the average Flow of the last twelve (12) months plus three percent, divided by three- hundred and sixty-five, and the result multiplied by the number of days the meter is out of service or out of repair. 6.07 Anna shall periodically determine the quality of the Wastewater at the Metering and Sampling Facilities or other agreed upon sampling points for the purposes of billing for the Strength of the Wastewater. The sampling and testing shall occur on a random basis once per month. To determine the quality of the Wastewater, Anna shall collect twenty-four (24) hour time-weighted or flow-weighted composites for a period of not less than one twenty- four (24) hour period per month for a total of twelve (12) sampling periods per year. If, at the request of Customer or as directed by the Director, more extensive monitoring is desired, such additional monitoring shall be paid for by the Party making the request and shall be done as provided in this section. If Customer requests such additional monitoring, 12 Anna shall invoice Customer for the costs of collecting and testing the additional samples. Customer shall pay for the additional sampling, including additional monitoring, collecting and testing samples, within ten days after receipt of the invoice. Anna shall analyze the samples collected in accordance with Standard Methods and will provide analysis reports to the Customer, if requested. 6.08 If in the opinion of the Director, further monitoring of the Wastewater is desirable to ensure ongoing compliance with state and federal regulations, the Director may order that additional monitoring be performed with or without prior notice to Customer. Compliance monitoring is in addition to the periodic sampling set forth in Section 6.7. All information obtained as a result of such compliance monitoring shall be provided to the Customer upon request. Anna will provide notice of such compliance monitoring to Customer within a reasonable time after obtaining the results of testing. 6.09 All costs incurred by Anna under this Article are System Costs. Article 7. Rates, Charges, and Surcharges 7.01 Wholesale Wastewater rates established hereunder will be determined based upon cost-of-service analysis to be performed by or on behalf of Anna no less than one time per year using the methodologies and principals generally accepted within the industry and detailed further herein, as applicable, and which are generally being utilized by the City to set the rate for wholesale Wastewater service to municipal customers located outside the corporate limits of the City. The cost of such analysis is a System Cost. 7.02 The Parties agree that the methodologies and principals used to conduct a cost-of- service analysis shall be those generally accepted within the industry as promulgated by the Water Environment Federation within the WEF Manual of Practice No. 27, Financing and Charges for Wastewater Systems, as revised, and which are generally being utilized by the City to set the rate for wholesale Wastewater service to municipal customers located outside the corporate limits of the City. Notwithstanding the forgoing, the Parties agree the following methodologies and principals will apply until agreed otherwise in writing: a. The cost of service for the service class shall include allocated reasonable and necessary operation and maintenance expenses based on the then-adopted and approved budget for the Anna System, budgeted debt service including principal and interest payments, capital outlay and budgeted funds necessary to comply with Anna’s established financial policies such as, but not limited to, operating cash reserves, externally required or internally adopted debt coverage requirements, repair and replacement reserves, and any other reserve requirements that may be necessary to maintain the financial stability of the Anna System. 13 b. The initial rate for this Agreement shall be $6.88. The initial rate is per 1,000 gallons. Anna shall provide Customer with written notice, no later than July 31st of each year, of any proposed rate increase in order to allow Customer sufficient time for budgeting purposes. A failure to provide such written notice shall postpone the effective date of the rate increase to October of the following year. Any challenge to a rate established by the Anna City Council must be brought within ninety days of its adoption. 7.03 [Reserved]. 7.04 Any challenge to a rate, surcharge or fee established by the Anna City Council must be brought within ninety (90) days following Customer’s receipt of notice of its adoption by submitting a written objection in accordance with the applicable provisions of Article 24 of this Contract or such challenge is waived. 7.05 An additional charge shall be due for any discharge through Point of Entry that exceeds the maximum Strength allowed to Customer. The surcharge for each mg/l of BOD in excess of 250 mg/l and for each mg/l of total suspended solids (“TSS”) in excess of 250 mg/l shall be assessed. The excess Strength determination will be based on monthly sampling. 7.06 Customer agrees that the Anna City Council has the right to revise, by ordinance, the allowable discharge Strengths, consistent with applicable state and federal laws and regulations and applicable permit requirements (provided that the strength allowed shall be no less than the strength generated from a typical single family residence). At the effective date of this Contract, the allowable discharge Strength is 250 mg/l for BOD and 250 mg/l for TSS. 7.07 Customer shall pay a surcharge to Anna for concentrations of BOD exceeding 250 mg/l and TSS exceeding 250 mg/l at the rate of 125% of the established rate, based on a 30 day average. The surcharge will be calculated each month. It will be based on the rate of Non-Standard Discharge for that month. The surcharge will be assessed the entire month for each portion of the month that discharges from Customer exceed applicable limits, whether classified as Non-Standard Discharges or otherwise. 7.08 Bills for Wastewater service are submitted to Customer on a monthly basis. Amounts billed are due and payable not more than thirty (30) days after the billing date. Bills will show current charges, as well as past-due charges, if any. Current charges includes the amount due for service provided since the prior billing period. Past-due charges is the total amount unpaid from all prior billings as of the current billing date. Payments received by Anna shall first be applied to the past-due charges, if any, and thereafter to the current charges. Any challenge to a billing must be submitted, in writing, 14 to Anna within forty-five (45) days of the billing date, or any objection to the billing is waived. 7.09 If Customer disputes a bill, it shall nevertheless continue to promptly make the disputed payment or payments. Dispute of a bill is not grounds for non-payment. Notwithstanding the provisions of Chapter 2251 of the Texas Government Code, in the event a payment is not paid as specified in this Contract, a finance charge of the lower of 10%, per annum, or the maximum rate allowed by law, per annum, will be calculated from the date that the payment was required to be made. In the event the amount finally determined to be due is less than the full amount of the disputed bill, then the amount found to be in excess of the amount due will be credited to the Customer's account together with any interest on the credited amount of the disputed bill. 7.10 The Parties agree that this Contract is a contract for goods or services under the provisions of Subchapter I, Chapter 271, Tex. Local Gov’t. Code and that services obtained pursuant to this Contract are essential and necessary to the operation of Customer's waterworks and Wastewater facilities. The Parties agree that all payments made by Customer under this Contract constitute reasonable and necessary operating expenses of Customer's waterworks and Wastewater systems. Customer waives any immunity from suit solely for the purpose of Anna enforcing the express terms, conditions, and obligations of this Contract. 7.11 Customer agrees, throughout the term of this Contract, to continuously operate and maintain its waterworks and Wastewater systems, and to fix and collect such rates and charges for Wastewater service as will produce revenues in an amount equal to at least (i) all of its operation and maintenance expenses of such system, including specifically its payments under this Contract; and (ii) all other amounts as required by law and the provisions of the its revenue bonds or other debt obligations now or hereafter outstanding, including the amounts required to pay all principal of and interest on such bonds and other obligations. 7.12 The Parties agree that the rates established in accordance with this Contract are reasonable and in the public interest, and that any change in the rates under this Contract are necessary (1) to avoid impairing the ability of Anna to continue providing Wastewater service, (2) to avoid casting an excessive burden on other customers or users of the Anna System, and (3) to avoid being unduly discriminatory to or among customer classes. Customer acknowledges that it has entered into this Contract willingly after determining-- after considering alternative sources and methods of providing for its Wastewater needs-- that entering into this Contract is in the best interests of Customer and its constituent users. 7.13 Customer represents and covenants that all payments made by it under this Contract shall constitute reasonable and necessary operating expense of its Customer System and that all such payments will be made from its current revenues. Customer represents and 15 has determined that the Wastewater service to be obtained from the Anna System is absolutely necessary and essential to the present and future operation of its Wastewater system. Accordingly, all payments required by this Contract to be made by Customer shall constitute reasonable and necessary operating expense of its respective system as described herein, with the effect that the obligation to make such payments from revenues of such systems shall have priority over any obligation to make any payments from such revenues (whether of principal, interest, or otherwise) with respect to all bonds or other debt obligations heretofore or hereafter issued by Customer. 7.14 Upon the occurrence of Customer’s first failure to pay any amount billed for service under this Contract, which amount remains unpaid for more than sixty (60) days after its due date, Customer agrees to establish a security fund to be held in trust by Anna in the amount of one hundred and fifty percent (150%) of the Customer’s average monthly billings (based on the previous twelve (12) months period), from which Anna may withdraw funds to secure payment of the billing. Customer shall thereafter immediately replenish and restore the account to the required amount and maintain the full balance required in the fund for the remainder of the term of this Contract, notwithstanding Anna’s withdrawals to satisfy billings remaining unpaid for more than sixty (60) days after the due date. 7.14.1 In the event that the security fund is not established, at the expiration of sixty (60) days after such amounts are due, Customer shall be in default under this Contract, and Anna may invoke the remedies specified herein or otherwise available by law. 7.15 The security fund described in Section 7.14 shall be deposited with the Anna City Manager in cash, in the form of an unconditional, irrevocable standby letter of credit, a performance/surety bond, or other instrument or security in a form acceptable to the Anna City Attorney. The letter of credit, bond, or other instrument shall in no event require the consent of Customer prior to the collection by Anna of any amounts covered by the letter of credit, bond, or other instrument. 7.16 Customer acknowledges that it will accrue no equity or any other interest in the Anna System or any other assets of Anna as a result of payment or other performance pursuant to this Contract. 7.17 Except as specifically provided herein, no other fees shall be due and payable by Customer to Anna for wastewater service. In particular, neither Customer nor any retail customer located within the Customer’s Service Area shall be required to pay to Anna any “impact” or “capital recovery fee” related to wastewater conveyance or treatment capacity or service. 16 Article 8. Industrial Connection and Monitoring 8.01 Customer agrees that it will, at the time of execution and throughout the term of this Contract, identify and locate all possible Significant Industrial Users and report them to Anna. Any compilation, index or inventory of Significant Industrial Users shall be made available to Anna, United States Environmental Protection Agency, TCEQ, or their respective successor agencies upon request. 8.02 Customer agrees that it will not permit any Significant Industrial User within its jurisdiction to connect directly or indirectly either to Customer’s System or to the Anna System without at least thirty days’ prior written notification to the Director of such intent to connect. Such notification shall provide the Director with information pertaining to volume and composition of Flow from the Significant Industrial User, and further information as may be requested by the Director. 8.03 Customer agrees to conduct all monitoring, sampling, and inspection of Customer’s System and Significant Industrial Users as necessary to ensure that Industrial Waste introduced into Customer’s System meets the quality standards set out in Article 9 of this Contract. Upon request to Customer, a representative of Anna will be permitted to observe Customer's collection of samples from Significant Industrial Users. Customer agrees to furnish Anna separate duplicate samples for independent testing and shall provide the Director the sample analysis results and pretreatment records within fifteen days of receipt of laboratory reports from a Significant Industrial User. 8.04 Customer agrees that Anna shall have the right to sample Wastewater at all Approved Connection Points and such other locations as may be necessary to determine the volume and quality of Wastewater entering the Anna System. Anna shall have sole authority to determine whether sampling at a location other than an Approved Connection Point is necessary. Customer agrees to disconnect from its system any of its users found to be in violation of allowable discharges or who refuses access to facilities for the purpose of sampling Wastewater being discharged into the Customer System or who is otherwise suspected of making a Prohibited Discharge or other unauthorized or illegal discharge; provided, however, that the disconnected user shall be afforded the same rights, privileges of appeal, and deficiency cure periods as are Significant Industrial Users operating within Anna's jurisdiction. 8.05 Following notice to Customer by Anna, Customer grants to Anna the right to enter Customer's jurisdiction if Anna determines that questionable discharges or Prohibited Discharges are entering the Anna System from the Customer System. Customer agrees to assist Anna in locating and eliminating any Prohibited Discharge or otherwise illegal discharge. 17 Article 9. Wastewater Quality 9.01 As a condition of receiving and continuing to receive Wastewater treatment services under this Contract, Customer agrees that, prior to connecting to any Approved Connection Point, it shall enact and enforce such ordinances, rules, orders or other lawful means of enabling Customer to enforce within its jurisdiction regulations governing Industrial Waste which are at least as stringent as the Wastewater-related provisions of Chapter 12 of the Anna Code and any amendments thereto, and any applicable state or federal regulations relating to discharged substances; (2) Prohibited Discharge; (3) Pretreatment Requirements; (4) industrial discharge permitting systems; and (5) industrial self-monitoring reports. The operation of Customer’s System shall in all respects comply with federal and state laws applicable generally to Publicly Owned Treatment Works and with all terms and conditions contained in any permit issued by a federal or state authority regarding Customer’s System. 9.02 Article 12.04 and Article 12.06 of the Anna Code are incorporated into this Contract as if fully set forth herein. Anna shall endeavor to provide Customer with a copy of any proposed amendments to those provisions at least sixty days prior to the presentation of such amendments to the Anna City Council, if reasonably possible, during which time Customer shall have an opportunity to review such amendments and provide written comments to Anna. On or before the effective date of any such amendments, Customer shall adopt appropriate conforming ordinances, rules, orders or other lawful means of enabling Customer to enforce within its jurisdiction the provisions of Anna Code Article 12.04 and Article 12.06. 9.03 Customer agrees that the quality of the Wastewater discharged into the Customer System shall be equal to or better than the quality standards established by the Anna City Code of Ordinances, including amendments thereto, or any applicable state or federal law or regulation or permit requirements applicable now or in the future to Anna’s System, whichever quality standards are more stringent. To the extent permitted by law, Customer shall indemnify, defend and hold Anna harmless to the extent Customer’s failure to ensure the quality of Wastewater discharged into Customer’s System falls below these quality standards or otherwise causes the Anna System to be in noncompliance with any federal, state or local statutes, rules, regulations or permit requirements. If Customer’s System causes the Anna System to be in noncompliance, Customer further agrees to assume responsibility for any repairs, remediation, or other actions necessary to bring the Anna System back into compliance. Customer agrees that, prior to connecting to the any Approved Connection Point, Customer shall secure a general liability insurance policy acceptable to and approved, in writing, by Anna, in the amount of at least $5 million. 9.04 Customer shall require all Significant Industrial Users within its jurisdiction that ultimately discharge into the Anna System to apply for and obtain a permit from Customer allowing such discharge. Such permit shall require Significant Industrial Users, at a 18 minimum, to abate and not discharge any of the prohibited substances described in Anna Code Article 12.06 as a condition to discharging Wastewater into the Customer System. The permit application shall contain, as a minimum, the following: a. Name and physical address of the Significant Industrial User; b. A description of activities, facilities, and plant processes on the premises of the Significant Industrial User, including a list of all raw materials and chemicals used or stored at the facility which are, or could accidentally or intentionally be, discharged to the POTW; c. The number and type of employees, hours of operation, hours of discharge and proposed or actual hours of operation of the Significant Industrial User; d. Each product produced by type, amount, process or processes, and rate of production; e. A map of the property showing accurately all sewers and drains; f. The site plans, floor plans, mechanical and plumbing plans, and details to show all sewers, floor drainages, and appurtenances by size, location, and elevation, and all points of discharge; g. Time and duration of all the discharges; h. Any other information as may be deemed necessary by the Director to evaluate the Wastewater discharge permit application; and, i. Plans and specifications sealed by a registered professional engineer detailing all pretreatment facilities and processes including without limitation any grease, oil, or sand interceptors and control manholes. Customer shall provide Anna a copy of these applications promptly upon receipt of same but in no event later than five (5) business days after receipt. Anna may require Customer to deny the application if it determines that the Significant Industrial User is likely to violate any provision of Anna Code Article 12.06. 9.05 Customer shall take all necessary steps to mitigate any odors from Customer’s System not attributable to Anna, including but not limited to any odors emitted by air release valves in Customer’s System. Customer shall submit plans and specifications for odor control to Anna for approval prior to constructing a Wastewater line. Customer shall thereafter maintain the odor control as approved. Customer may seek Anna’s approval to modify the odor control mechanisms as better odor control options become available. 19 Article 10. Infiltration and Inflow 10.01 Customer agrees that it has an obligation to prevent Infiltration and Inflow into Customer’s System, and to prevent same from entering the Anna System. Customer further agrees that all connections within its jurisdiction which ultimately enter into the Anna System will be constructed in accordance with specifications and standards at least equal to those of the North Central Texas Council of Governments Public Works Construction Standards North Central Texas, Fifth Edition, technical specifications and construction standards. Customer covenants and agrees to maintain strict supervision and maintenance of its System to prevent connections through which surface drainage can enter Customer’s System, in order to prevent such drainage from ultimately being deposited into the Anna System. Customer shall not make, nor shall it permit to be made, any connection which will contribute storm water run-off from rainwater spouts, rainwater areas, streets, gutter drains or other Inflow, Infiltration or other non-Wastewater source of Flow into Customer’s System. 10.02 Customer agrees that no discount, deduction, allowance or offset shall be provided for any Inflow or Infiltration into Customer’s System, regardless of the source or cause of such Inflow or Infiltration. Customer stipulates that the provisions of this Article may not be waived for any cause, including but not limited to (a) the actions of any third Party that cause or contribute to Inflow or Infiltration; (b) any unusual weather patterns, including any significant changes in rainfall or temperatures; (c) any Acts of God, or (d) any force majeure of any nature whatsoever that causes, contributes to, or otherwise allows Infiltration or Inflow into the Customer’s System. 10.03 Customer agrees that, for the purposes of metering, calculating and billing, all Flow, of whatever kind and from whatever source, including any Infiltration, Inflow, Liquid Waste, and Industrial Wastes, with or without any Suspended Solids, entering the Anna System from Customer’s System shall be treated as Wastewater for which a charge will be made to Customer. Customer agrees that all billing calculations will be based on the total Flow without regard to whether the Flow consists wholly of Wastewater, or contains Inflow, Infiltration, Liquid Waste, or Industrial Waste, with or without any Suspended Solids. Article 11. Sludge Disposal 11.01 Customer recognizes the importance of processing and disposing of sludge in a timely and proper manner. Customer will cooperate with Anna in any environmentally sound sludge processing and disposal program meeting federal and state standards within the area served by Customer. 20 Article 12. Waste haulers 12.01 Customer shall not introduce nor cause, suffer or permit to be introduced, and shall prohibit the introduction of, Liquid Waste into the Customer System by liquid waste haulers, either directly or indirectly. Article 13. Reports and Records 13.01 Customer shall provide to Anna the following data on a quarterly basis: a. The actual number of Customer’s accounts discharging directly or indirectly into the Customer System within its service area to assist Anna in planning to meet Wastewater needs of Customer and for construction of Phase 2 to the Wastewater Treatment Plant; b. A classification of domestic and nondomestic accounts within Customer’s Service Area by number and percentage of accounts discharging directly or indirectly into the Customer System; and c. Additional data which may assist Anna in developing methodology for cost- of-service studies, planning studies for analyzing federal grants, and system access fees; provided, however, that Anna shall not request data that will require Customer to incur unreasonable expenses in providing such data or the production of confidential information. Article 14. Notices 14.01 Any notice, communication, request, reply or advice herein provided or permitted to be given, made or accepted by either Party to the other Party must be in writing and mailed certified U.S. mail, return receipt requested to: City of Anna: City of Anna Attn: City Manager 120 W. 7th Street Anna, Texas 75409 With a copy to: Wolfe, Tidwell & McCoy, LLP Attn: Clark McCoy 2591 Dallas Parkway, Suite 300 Frisco, Texas 75034 21 Customer: Chambers Grove Municipal Utility District No. 1 Attn: President, Board of Directors c/o Rob McClain, Vice President of Land Development 1038 Texan Trail Grapevine, Texas 76051 With a copy to: Coats|Rose P.C. Attn: Tim Green 14755 Preston Road, Suite 600 Dallas, Texas 75254 Each party shall provide written notification to the other of any change in address. Article 15. Inspection and Audit of Records 15.01 Complete records and accounts directly or indirectly related to the subject matter of this Contract shall be maintained by each Party for a minimum period of five years or such longer period of time as may be required by applicable law. Each Party shall at all times, upon notice, have the right at reasonable times to examine and inspect records and accounts directly or indirectly related to the subject matter of this Contract during normal business hours; and further, if required by any law, rule or regulation, make the records and accounts available to federal and state auditors. Article 16. Consent 16.01 Whenever, under the terms of this Contract, Anna is permitted to give its written consent or approval, Anna, in its discretion, may give or may refuse such written consent or approval and, if given, may restrict, limit or condition such consent or approval in any manner it shall deem advisable; however, consent will not be unreasonably withheld. Anna’s consent must be provided in writing and from a person authorized to act on Anna’s behalf. Should Anna refuse such written consent, Anna shall provide written notice to Customer indicating basis for such refusal. Article 17. Breach of Contract/Remedies 17.01 Any material breach of the duties or the obligations of this Contract, or failure to faithfully keep and perform any of the material terms, conditions and provisions hereof 22 shall be subject to the remedies provided herein, including but not limited to termination. The non-breaching Party shall provide the breaching Party ninety (90) days written notice of its intention to terminate this Contract if the breaching Party fails to cure the material breach. The written notice shall include a reasonable description of the breach. If the Customer is the breaching Party, and fails or refuses to commence meaningful action acceptable to Anna to cure the breach within receipt of notice from Anna, then Anna shall have the right, with three years advance written additional notice to Customer and without any liability whatsoever on the part of Anna, to declare this Contract terminated at the end of such three year period. In the event of termination of this Contract, all rights, powers, and privileges of Customer shall cease and terminate and Customer shall make no claim of any kind whatsoever against Anna, its agents or representatives, by reason of such termination or any act incident thereto. In the event Anna gives notice of termination, and Customer subsequently cures the material breach, Anna shall withdraw the termination notice. In any event, the non-breaching Party shall advise the alleged breaching Party in writing immediately upon acceptance of the cure of any default. The following shall, without limitation, be considered to be a material breach: a. Customer’s failure to adopt and enforce policies or standards necessary to enforce any applicable Anna ordinances, or any applicable state or federal laws or regulations; b. Customer’s failure to pay any bill, charge or fee as provided for in this Contract; c. Customer’s making any connection to the Anna System at any point except as provided in Section 2.03; d. Customer’s failure to provide Anna ingress and egress for purposes of sampling and operation and maintenance of any metering or any sampling facility; e. Customer’s failure to provide Anna rights-of-way as required herein; f. Customer’s failure to permit any sampling of Wastewater as provided for herein; g. Customer’s failure to disconnect Customer’s Industrial Users pursuant to Section 8.04; h. Customer’s failure to abide by Significant Industrial User requirements outlined in Article 8; i. Customer’s failure to maintain the quality of discharge required by Article 9; 23 j. Customer’s failure to comply with Article 19 of this Contract; or k. Anna’s failure to timely provide the necessary Wastewater service to serve the Customer in a volume of Flow not to exceed the Customer Annual Amount of Flow. 17.02 Failure to provide notice of breach is not waiver - Anna. Anna’s failure to provide a notice of breach or acceptance of any benefits under this Contract for any period of time after Customer’s material breach, default or failure is not a waiver by Anna of any rights relative to any subsequent material breach, default or failure. 17.03 Failure to provide notice of breach is not waiver - Customer. Customer’s failure to provide a notice of breach or acceptance of any benefits under this Contract for any period of time after City’s breach, default or failure is not a waiver by Customer of any rights relative to any subsequent material breach, default or failure. 17.04 If a Party is in default under this Contract, then the non-defaulting Party shall, whether or not the termination provisions of this Article 17 have been invoked, be entitled to all remedies available under applicable law including, but not limited to, specific performance, injunctive relief, mandamus relief, and damages; and termination as provided in Section 17.01. 17.05 Each Party hereto acknowledges that this Contract is for the providing of goods and services to the other Party and, pursuant to Section 271.151, Texas Local Government Code, each has waived its immunity from suit solely for the purpose of the other Party enforcing the express terms, conditions, and obligations of this Contract. Article 18. Ownership and Liability 18.01 No provision of this Contract shall be construed to create any type of joint or equity ownership of any property, any partnership or joint venture, nor shall same create any other rights or liabilities. Customer payments (whether past, present, or future) will not be construed as granting Customer partial ownership of, pre-paid capacity in, or equity in the Anna System. 18.02 Liability for damages arising out of the transportation, delivery, reception, treatment, and disposal of all Wastewater discharged into the Anna System shall remain with the Customer, together with title and ownership thereto, until such Wastewater passes through the Approved Connection Point(s), at which time title, ownership and liability for such damage shall pass to Anna, save and except that title to any Prohibited Discharge and any liability therefor shall not pass to Anna unless such Prohibited Discharge originated in the Anna System. Any effluent produced by and discharged by Anna from any treatment 24 plants owned or operated by Anna shall be owned by Anna, regardless of originating source of Wastewater. 18.03 Contracts made and entered into by either Customer or Anna for the construction, reconstruction or repair of any Delivery Facility shall include the requirements that the independent contractor must provide adequate insurance protecting both the Customer and Anna as insureds. Such contracts must also provide that the independent contractor covenant to indemnify, hold harmless and defend both the Customer and Anna against any and all suits or claims for damages of any nature arising out of the performance of such contracts, and include any other provisions required by federal, state, or local laws or regulations. Article 19. Compliance with Permit Conditions 19.01 Customer acknowledges that Anna is the holder of discharge permits issued by the United States and the State of Texas. Customer agrees that it will comply with all such permit conditions in any way relating to the System and the discharge into the System. Customer agrees that in the event a fine is assessed against Anna for any violation of any permit condition, and the violation is the result of any act of omission or commission by Customer, the amount of the fine will be assessed to Customer and Customer shall pay to Anna the amount of such fine. If such fine is not attributable to a specific customer, such fine shall be considered a System Cost and allocable to the Customer in accordance with the provisions of this Contract. Article 20. Term of Contract 20.01 Subject to the provisions of Article 17 hereof, this Contract shall continue in force and effect for an initial period of twenty (20) years from the Effective Date hereof and shall be subsequently extended automatically for additional ten-year terms until terminated by either Party. A Party wishing to terminate this Contract pursuant to this Article 20 must give the other Party no less than three (3) years advance written notice of its intent to terminate. Article 21. Force Majeure 21.01 No Party hereto shall be considered to be in default in the performance of any of the obligations hereunder (other than obligations of either Party to pay costs and expenses) if such failure of performance shall be due to circumstances beyond the reasonable control of the Parties, including but not limited to, the failure of facilities, flood, earthquake, 25 tornado, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute and action or non-action by a failure to obtain the necessary authorizations and approvals from any governmental agency or authority or the electorate, labor or material shortage, sabotage, or restraint by a court order or public authority, which by the exercise of due diligence and foresight the Party could not have reasonably been expected to avoid and which by exercise of due diligence it shall be unable to overcome. Either Party rendered unable to fulfill any obligation by reason of an uncontrollable force shall exercise due diligence to enable fulfillment of its obligations under this Contract. 21.02 As noted in Article 10 of this Contract, this Force Majeure provision shall not be applicable to any claims by Customer regarding Inflow or Infiltration. 21.03 In the event the proper operation of the Anna System, as a result of the circumstances described in Section 21.01, requires Anna to temporarily interrupt all or part of the services to Customer, Customer shall not recover any damages from Anna arising from or related to the temporary interruption of services, including, but not limited to, any direct or consequential damages. Article 22. Effective Date 22.01 This Contract, together with all terms and conditions and covenants, shall take full force and effect on the later of the dates this Contract is approved by Anna and signed by the authorized representative of each Party. Article 23 Miscellaneous 23.01 This Contract is subject to all applicable federal and state laws and any applicable permit requirements, ordinances, or amendments adopted pursuant to Article 9, and all applicable rules, orders, and regulations of any state or federal governmental authority having or asserting jurisdiction, but nothing contained herein shall be construed as a waiver of any right to question or contest any such law, ordinance, order, rule or regulation in any forum having jurisdiction, or of any right to appeal any decision or ruling by same. 23.02 Customer agrees to abide by any changes in this Contract made necessary by any amendment or revision to applicable state or federal regulations. 23.03 In each instance herein where reference is made to a federal or state regulation or statute or to the Anna City Code of Ordinances, it is the intention of the Parties that, at any given time, the then current federal or state regulation or statute or Anna ordinance shall apply. If a publication or reference work referred to herein is discontinued or ceases to be the generally accepted work in its field, or if conditions change, or new methods or 26 processes are implemented by Anna, new standards shall be adopted that are in compliance with state and federal laws and any valid rules and regulations pursuant thereto. 23.04 Anna shall comply with all federal, state and local government requirements necessary to obtain grants and assistance for system design, system construction and studies. Customer agrees to assist Anna in compliance by setting adequate rates, establishing proper user charges and complying with governmental requirements. 23.05 All exhibits to this Contract are incorporated herein by reference for all purposes wherever reference is made to the same. 23.06 Section or article headings in this Contract are for convenience only and do not purport to accurately or completely describe the contents of any section or article. Such headings are not to be construed as a part of this Contract or any way defining, limiting or amplifying the provisions hereof. 23.07 This Contract constitutes the sole and only agreement between Customer and Anna and supersedes any prior understanding or oral or written agreements between Customer and Anna with respect to the subject matter of this Contract. 23.08 This Contract shall inure only to the benefit of the Parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third-party beneficiary of this Contract. Each Party hereto shall be solely responsible for the fulfillment of its customer’s contracts or commitments, and Anna shall not be construed to be responsible for Customer’s contracts or commitments by virtue of this Contract or any provision contained herein. 23.09 Customer shall neither assign any of the rights or obligations of this Contract nor contract with individual or entity located outside Customer’s boundaries to connect to Customer’s System without Anna’s prior written approval, which approval shall not be unreasonably withheld. 23.10 Each Party shall provide the other Party with a copy of the minute action, order, ordinance or resolution authorizing the execution of this Contract. Article 24. Step Dispute Resolution 24.01 Disputes other than Rate or Fee disputes. In accordance with the provisions of Subchapter I, Chapter 271, Tex. Local Gov’t. Code, the Parties agree that, prior to instituting any lawsuit or other proceeding arising from a dispute under this Contract, the Parties will first attempt to resolve the dispute by taking the following steps: (1) a written notice substantially describing the nature of the dispute shall be delivered by the 27 dissatisfied Party to the other Party, which notice shall request a written response to be delivered to the dissatisfied Party not less than five days after receipt of the notice of dispute; (2) if the response does not reasonably resolve the dispute, in the opinion of the dissatisfied Party, the dissatisfied Party shall give notice to that effect to the other Party whereupon each Party shall appoint a person having authority over the activities of the respective Parties who shall promptly meet, in person, in an effort to resolve the dispute; and (3) if those persons cannot or do not resolve the dispute, then the Parties shall each appoint a person from the highest tier of managerial responsibility within each respective Party, who shall then promptly meet, in person, in an effort to resolve the dispute. Any suit filed prior to performing these steps shall be abated pending completion of this step process. This Section shall not apply to any disputes regarding rates or fees Anna charges Customer. 24.02 Rate or Fee Disputes. Customer agrees that, as a condition precedent to instituting any lawsuit or other proceeding arising from a rate or fee dispute (including any surcharges Anna may assess) under this Contract, Customer shall first attempt to resolve the dispute by taking the following steps: a. Customer shall deliver a written notice substantially describing the nature of and reasons for the dispute to Anna; b. Anna shall respond to the dispute notification in writing within ten business days after receipt of the notice of dispute; c. if Customer does not believe Anna’s response reasonably resolves the dispute, Customer may, within ten business days after receipt of Anna’s response, request, in writing, that the Anna City Council consider the rate or fee dispute; and d. Anna shall, within ten business days of receipt of Customer’s written request that the Anna City Council consider the dispute, place the matter on the Anna City Council agenda for either a regular or special meeting. 24.03 Customer shall appear before and have one hour to present any evidence and arguments it has regarding the rate or fee dispute to the Anna City Council. The Anna City Council shall issue a written final decision regarding the rate or fee dispute within ten business days after Customer’s appearance and said decision shall be final subject to any remedy Customer may have under applicable law. The date on which such written final decision is received by Customer shall be the date of notice of Anna’s rate decision. 28 Article 25. Exhibits 25.01 The following Exhibits are attached to and made a part of this Contract, and are incorporated by reference for any and all purposes wherever reference is made to same: Exhibit “A” – The description of the Customer’s Service Area. Exhibit “B” –The Basin Map, including the location of the initial Approved Connection Points at the time this Contract is executed. Exhibit “C” – An example of the methodology Anna shall use to calculate the cost of service. Exhibit “D” – Proposed anticipated wastewater flow from the Customer to the City of Anna Exhibit “E” – Preliminary 5-year rate estimate Exhibit “F” – Metering and Sampling Facility Information 29 Executed on this _____ day of ________ 2025 CITY OF ANNA ____________________________ Ryan Henderson City Manager Attest ____________________________ Carrie L. Land, City Secretary Executed on this _____ day of ________ 2025 Chambers Grove Municipal Utility District No. 1 ____________________________ _____________, President Attest ____________________________ Secretary 30 EXHIBIT A CUSTOMER’S SERVICE AREA 31 32 33 34 35 36 37 EXHIBIT B BASIN MAP, INCLUDING APPROVED CONNECTION POINTS 38 EXHIBIT C AN EXAMPLE OF THE METHODOLOGY ANNA SHALL USE TO CALCULATE THE COST OF SERVICE An example of the methodology Anna shall use to calculate the cost of service once the conditions of Section 7.03 are met. *Note: In FY24-25 and FY25-26, Debt Service Interest & Principal for the construction of the facility is only partially included in the rate calculation. The portions not included are being funded solely by the City of Anna. Additional debt service issuances in FY27-28 thru FY29-30 are required to achieve treatment capacity of 4MGD. *Note: A 15% surcharge is included in the base rate for all customers to cover additional service costs, including contract management, financial management, utility billing, and financial consultant costs. Fiscal Year WWTP ADF (MGD) WWTP Capacity WWTP Expenses Sewer Collection Expenses Total O&M Expenses for Hurricane Creek Basin CG MUD 1 Flow (MGD) CG MUD 1 Transport Length in Hurricane Creek Trunk System (LF) CCMD12 WWTP % CG MUD 1 Proportional Trunk Sewer O&M Annual Cost CG MUD 1 Rate* ($/1000gal) FY24-25 0.5 0.5 996,579.36$ 64,321.00$ 1,060,900.36$ 0 2800 0%-$ -$ FY25-26 1.15 1.5 2,501,461.54$ 108,721.00$ 2,610,182.54$ 0.053 2800 5%446.49$ 6.88$ FY26-27 1.82 2.5 4,274,492.00$ 115,544.26$ 4,390,036.26$ 0.129 2800 7%730.34$ 7.42$ FY27-28 2.44 2.5 6,100,638.00$ 122,806.92$ 6,223,444.92$ 0.181 2800 7%812.13$ 7.89$ FY28-29 3.06 4 8,054,613.00$ 130,538.33$ 8,185,151.33$ 0.215 2800 7%818.41$ 8.31$ FY29-30 3.69 4 10,191,613.00$ 138,769.93$ 10,330,382.93$ 0.248 2800 7%831.77$ 8.71$ Base Rate Calculation for Chambers Grove MUD No. 1 (estimate) 39 EXHIBIT D PROPOSED ANTICIPATED ANNUAL WASTEWATER FLOW FROM MUNICIPAL UTILITY DISTRICT TO CITY OF ANNA Year Eq. New Homes per Year1 Avg. Daily Flow Increase (GPD2) Cumulative Flow Avg. Day (GPD2) Cumulative Flow Avg. Day (MGD2,4) Cumulative Peak Day Flow (MGD3,4) FY2023-2024 0 0 0 0 0 FY2024-2025 0 0 0 0 0 FY2025-2026 209 52877 52877 0.053 0.212 FY2026-2027 301 76153 129030 0.129 0.516 FY2027-2028 206 52118 181148 0.181 0.725 FY2028-2029 132 33396 214544 0.215 0.858 FY2029-2030 132 33396 247940 0.248 0.992 (1) Equivalent single family house flow based on US average of 2.53 people per home (2) Based on 100 gallons, per capita, per day (3) Peaking Day factor of 4 (4) Based on WWTP phasing plan for initial construction (0.5MGD, 2MGD, 4MGD) Anticipated Flow to Anna Interceptor System Chambers Grove MUD No. 1 12/16/2024 Total Equivalent Homes 980 40 EXHIBIT E Preliminary 5-year Rate Estimate Note: Rates shown above are estimates based on cost projections over the rate period. Annual rate calculations will be made and provided to the Customer on an annual basis no less than 60 days prior to the start of each fiscal year. The City of Anna fiscal year begins on October 1st. Fiscal Year CGMUD1 Rate* ($/1000gal) FY24-25 -$ FY25-26 6.88$ FY26-27 7.42$ FY27-28 7.89$ FY28-29 8.31$ FY29-30 8.71$ 41 EXHIBIT F Metering and Sampling Facility Information 42 43 Item No. 6.m. City Council Agenda Staff Report Meeting Date: 2/25/2025 Staff Contact: Muhamad Madhat AGENDA ITEM: Approve a Resolution awarding the Hurricane Creek Trunk Sewer Northern Extension construction project to Blue Star Utilities. (CIP Manager Muhamad Madhat) SUMMARY: This item is to award the contract for constructing a large trunk sewer line located north of FM 455 and west of US 75 to the best value contractor who bid on the project. FINANCIAL IMPACT: Funding for the Hurricane Creek Interceptor Line North project was appropriated in the FY2025 Community Investment Program budget in the amount of $12 million from the Combination Tax & Revenue Certificates of Obligation, Series 2024. The estimated cost of this construction contract is $7 million, including contingency funds and funding for a performance bonus for early completion, subject to review and approval by the City Manager. BACKGROUND: The City of Anna Wastewater Master Plan includes a large diameter trunk sewer main along Hurricane Creek from the Hurricane Creek Wastewater Treatment Plant to the northern City Limit. The Master Plan is included as Exhibit A. This item is to award the construction of the northern extension of the trunk sewer to the northern City Limit. The project was designed by Kimley-Horn & Associates, and was publicly advertised for bid in accordance with State Law. The bid process was completed using the City's IonWave online procurement system. Bids were opened on 02/13/2025 and 7 bids were received. The bid results are attached as Exhibit B. Staff completed a review of the bidders, and is recommending the selection of the responsive bidder who has shown the "best value" for the project in accordance with Texas Local Government Code, Chapter 252.042. The results of the best value review are shown in Exhibit C. Staff finds that Blue Star Construction, LLC's bid provides the best value to the City of Anna for the project. Staff recommends awarding the construction contract to Blue Star, and also recommends approval of this item as a consent agenda item. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Resolution to approve City Manager to award the Hurricane Creek WW Interceptor Phase 2 - Bluestar 2. Hurricane Creek Ph. 2 - Bid award rec CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE CITY MANAGER TO AWARD THE HURRICANE CREEK WASTEWATER INTERCEPTOR PHASE 2 TO BLUE STAR UTILITIES, LLC IN THE AMOUNT NOT TO EXCEED SEVEN MILLION DOLLARS ($7,000,000.00); INCLUDING TEN PERCENT CONTINGENCY AND FUNDING FOR A PERFORMANCE BONUS FOR EARLY COMPLETION, SUBJECT TO APPROVAL BY THE CITY MANAGER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Hurricane Creek Wastewater Interceptor Phase 2 project is identified as a capital sanitary sewer project in the City of Anna, Texas; and WHEREAS, Hurricane Creek Wastewater Interceptor Phase 2 project is required in order to expand the City of Anna gravity sewer collection system west of US75; and WHEREAS, the City of Anna publicly advertised the project for bid and publicly opened bids; and, WHEREAS, Blue Star Utilities, LLC submitted the lowest bid and awarded based on best value. Blue Star Utilities submitted a bid of $6,150,000.00. 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 award the project to Blue Star Utilities for the bid amount of $6,150,000.00 for the Hurricane Creek Wastewater Interceptor Phase 2. That the $7,000,000 includes project contingency and funding for a performance bonus for early completion, subject to approval by the City Manager. That funding for the project shall come from the Utility Bond fund 624. 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 kimley-horn.com 200 North Travis Street, Suite 500, Sherman, TX 75090 903-258-9416 February 20th, 2025 Mr. Muhamad Madhat City of Anna, TX 120 West 7th Street Anna, TX 75409 RE: City of Anna – Hurricane Creek Interceptor – Phase 2 Dear Mr. Madhat: On February 13th, 2025, the City of Anna received bids for the Hurricane Creek Interceptor – Phase 2 project. The following base bids were received: Bidder Base Bid Blue Star Utilities, LLC J&L Construction, LLC SJ Louis Construction of Texas, LTD Canary Construction, Inc. Spies Construction Co., Inc. Western Municipal Construction of Texas, LLC Mountain Cascade of Texas, LLC $6,150,000.00 $6,927,693.31 $7,443,806.00 $7,622,282.00 $8,231,874.00 $8,400,333.70 $8,593863.00 The selection committee scored the submissions based on bid amount (40%), quality of Bidders previous municipal projects of similar nature (35%), Bidders past relations with the City (20%), and safety record of the Bidder. Based on the established criteria, the selection committee recommends Blue Star Utilities, LLC for receiving a contract award. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. David Perkins, P.E. Item No. 6.n. City Council Agenda Staff Report Meeting Date: 2/25/2025 Staff Contact: Muhamad Madhat AGENDA ITEM: Approve a Resolution authorizing the City Manager to execute a project specific purchase order with Kimley-Horn & Associates for the design of Phase 3 of the Hurricane Creek Trunk Sewer capital improvement project. (CIP Manager Muhamad Madhat) SUMMARY: This item is to authorize the City Manager to execute a project specific purchase order with Kimley-Horn & Associates for the design of the next phase of the Hurricane Creek Trunk Sewer capital improvement project. FINANCIAL IMPACT: Funding for the Hurricane Creek Interceptor Line North project was appropriated in the FY2025 Community Investment Program budget in the amount of $12 million from the Combination Tax & Revenue Certificates of Obligation, Series 2024. The estimated cost for the design of the next phase is $376,000. BACKGROUND: The Hurricane Creek Trunk Sewer is a multi-phase sanitary sewer capital improvement project intended to provide city sewer facilities on the west side of US 75. This item is for the next phase, which will extend the sewer from the northern City limit across the golf course and over to Phase 1 and Phase 2 of the Liberty Hills Development. Per the development agreement for the Liberty Hills Project, the City is responsible for the design and construction of the trunk sewer mains through the development. Kimley-Horn successfully completed the design of the previous phase, which is on this agenda to award for construction. This item includes a segment which was removed from the last phase in order to speed up the overall timeline of getting sewer up to our northern boundary. If approved, Kimley-Horn will complete the final engineering and prepare construction documents for the project. Staff recommends approval. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Resilient. ATTACHMENTS: 1. Resolution Hurricane Creek Trunk Sewer North Phase 3 - Professional Services Agreement - Kimley-Horn 2. Hurricane Creek Ph. 3_ IPO CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A PROJECT SPECIFIC AGREEMENT WITH KIMLEY- HORN FOR THE DESIGN OF THE HURRICANE CREEK TRUNK SEWER – NORTHERN EXTENSION PHASE 3, IN THE AMOUNT NOT TO EXCEED THREE HUNDRED SEVENTY-SIX THOUSAND DOLLARS ($376,000.00). WHEREAS, the Hurricane Creek Trunk Sewer Northern Extension Phase 3 project is listed as a capital improvement project in the City of Anna’s Capital Improvement Plan; and, WHEREAS, the continued growth of the City of Anna requires continuous improvements to the City’s public sewer system, including capital projects that increase sewer system access, capacity, resiliency, and redundancy to protect the health, safety, and welfare of the public; and, WHEREAS, the Hurricane Creek Trunk Sewer is a multi-phase sanitary sewer capital improvement project intended to provide city sewer facilities on the west side of US 75. This item is for the next phase, which will extend the sewer from the northern City limit across the golf course and over to Phase 1 and Phase 2 of the Liberty Hills Development; and, WHEREAS, Kimley-Horn successfully completed the design of the previous phase, which is on this agenda to award construction. This item includes a segment that was removed from the last phase in order to speed up the overall timeline of getting sewer up to our northern boundary. If approved, Kimley-Horn will complete the final engineering and prepare construction documents for the project; and, WHEREAS, Kimley-Horn has provided the City with a proposal for the required engineering design services on the project, with a total cost of $376,000. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1.Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2.Authorization of Payment and Funding. The City Council of the City of Anna hereby authorizes the City Manager to execute a project-specific agreement for professional services with Kimley-Horn for the design of the Hurricane Creek Trunk Sewer Northern Extension Phase 3. That funding for the project shall come from the Utility Bond Fund 624 and shall not exceed $376,000. 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 rev 1/2021 INDIVIDUAL PROJECT ORDER NUMBER 064512925 Describing a specific agreement between Kimley -Horn and Associates, Inc. (the Consultant), and the City of Anna (the Client) in accordance with the terms of the Master Agreement for Continuing Professional Services dated July 27th 2021, which is incorporated herein by reference. Identification of Project: Project Name: Hurricane Creek Interceptor Phase 3 KH Project Manager: David Perkins, P.E. Project Number: 064512925 Specific scope of basic Services: Project Understanding: The City of Anna has requested Kimley-Horn to design approximately 4,500 linear feet of 42” wastewater line interceptor along the route shown in Exhibit A. This includes a metering station near the City of Anna City Limits as well as providing a connection point for the Liberty Hills Phase 2 project. This project also includes a feasibility analysis of a lift station on the east side of US 75 to be able to serve the northern area of the City of Anna east of US 75. This lift station study will include capacity calculations, service area, and site recommendations on the Liberty Hills project. It is assumed that the Liberty Hills Aquatic Resources Delineation study will be permitted by the Client to be used for this project. Task 1 – Preliminary Design (60% Design) The Consultant will update the 30% roll plot design that was established during the Hurricane Creek Phase 2 project (as part of a separate Agreement). The Consultant will review the 30% horizontal and vertical design with the Client and incorporate comments into the 60% design. 60% design will include the following sheets and design elements: A. Cover sheet B. General notes and specifications C. Alignment and horizontal control plan D. Sewer plan and profile E. Metering station site plan F. Standard city details G. Project specific details Deliverables: • 60% Plans and Technical Specifications: Two hard copies and PDF files. • 60% Opinion of Probable Construction Cost: Two hard copies and PDF files. Meetings: • 30% design review meeting with the Client • 60% plan and technical specification review meeting with the Client rev 1/2021 Task 2: Final Design The Consultant will address Client review comments from the 60% plans and technical specifications to prepare 90% plans and technical specifications. 90% design will include the metering station site plan, electrical site plan and metering station details. The metering station will be designed based on City of Anna design criteria. 90% Design will include the following sheets and design elements: A. Cover sheet B. General notes and specifications C. Alignment and horizontal control plan D. Sewer plan and profile E. Metering station site plan F. Metering station electrical site plan G. Erosion control plan H. Tree removal plan I. Metering station details J. Standard city details K. Project specific details Final construction plans, technical specifications and contract documents will incorporate the Clients comments on the 90% design. Deliverables: • 90% Plans, Technical Specifications, and Construction Contract Documents: Two hard copies and PDF files. • 90% Opinion of Probable Construction Cost: Two hard copies and PDF files. • 100% Plans, Technical Specifications, and Construction Contract Documents: Two hard copies and PDF files. • 100% Opinion of Probable Construction Cost: Two hard copies and PDF files. Meetings: • 90% plan and technical specification review meeting with the Client Task 3 - Throckmorton Lift Station Feasibility Study The Consultant will evaluate the sizing necessary for a lift station to serve current and future development in the northeast side of US 75. This lift station will generally serve the area east of US 75, west of SH 5, and north of CR 371 within City of Anna City Limits. The Consultant will establish a service area boundary for this lift station and provide capacity calculations. Capacity design criteria will be established in this study. These findings will be summarized in a technical memorandum. This stud y will also provide recommendations on location for this lift station on the Liberty Hills Property. Data Collection: The Client shall provide the following information: • Information regarding development densities and timeline for p lanned and proposed developments within the defined service area • Record drawings of wastewater lines near the service area Deliverables • Preliminary Technical Memorandum rev 1/2021 • Final Technical Memorandum Meetings: • One service area and location review meeting with the Client • One Preliminary Technical Memorandum review meeting with the Client Task 4 – Geotechnical Investigation Kimley-Horn, via subconsultant will perform geotechnical analysis of the site utilizing a qualified geotechnical laboratory to determine subsurface conditions and make recommendations regarding design parameters. The analysis shall include the following: • Subsurface exploration including up to 10 sample bore drilled between 8 and 40 feet. • Laboratory tests for classification purposes and strength characteristics • Engineering services that address the soil and groundwater conditions A geotechnical report will be furnished by the geotechnical engineer to present the results of the field and laboratory data. The data contained in the geotechnical report will be made available to the contractors during the bidding process for informational purposes. Task 5 – USACE NWP 58 Non-Notifying Memorandum This task assumes the project can be authorized by Nationwide Permit (NWP) 58 for Utility Line Activities for Water and Other Substances without notification to the USACE Fort Worth District. The Consultant will add to the previously prepared aquatic resources delineation report (previously prepared for the Liberty Hills project) to document compliance with the applicable NWP. This scope assumes that formal USACE notification and authorization is not required; therefor, the Consultant will document specific project information and details and how to use the perceived applicable NWP. The report will include regulatory language for the applicable NWP with discussion of selected noteworthy General Conditions. The report will include the following information: • Brief project description of proposed impacts to aquatic features • NWP 58 permit language with General Conditions • State Water Quality Certification and Conditions • NWP Regional Conditions for Texas Though no coordination with the USACE is proposed as part of this Task, the use of the applicable NWP constitutes compliance with appropriate Federal regulations. All NWP General and Regional Conditions NWP terms must be met by the Client. For reference, n otification to the USACE involved the submittal of the pre-construction notification (PCN) which may be required if: • The NWP General or Regional Conditions cannot be met • Specific triggers for notification to the USACE are met within the NWP • The impact threshold for the nationwide permit program are exceeded (greater than .10 acres and less than 0.50 acres, and 0.03 acres or less of stream bed at each separate, single and complete crossing); • The project proposes impacts to special aquatic sites, including wetlands • Client requests verification from the USACE This task does not include consultation with the USACE; however, this can be performed if warranted under sperate agreement. rev 1/2021 Task 6 - Desktop Cultural Resources Review: The Consultant will engage a professional archeologist subconsultant to perform a desktop cultural resources review. The results of the desktop review will be compiled in a letter report, which can be used to coordinate the field efforts with the USACE Fort Worth Distr ict Regulatory Archeologist and/or Texas Historical Commission (THC) if a survey is requested during USACE permit review (if permitting is required). The purpose of the desktop review is to identify and describe existing cultural resources in the project area, discuss the potential for discovering previously unknown cultural resources, and make recommendations about the need for further archeological work so that the project can proceed. The archeologist will compile information from records/databases, including (as necessary): • Texas Archeological Sites Atlas (TASA) • National Register of Historic Places (NRHP) • Additional records at the Texas Archeological Research Laboratory (TARL) • Natural Resources Conservation Service (NRCS) soil maps • Bureau of Economic Geology geological maps • City, state, or county planning documents (when available) • USGS topographic maps • Records available at city and county historical societies • Published local histories. A letter report that details the results of the records search and presents a review of the natural environment and cultural history of the project area, along with conclusions and recommendations of findings. This letter will include a discussion of the potential for the proposed project to affect known archeological sites, State Antiquities Landmarks (SALs), or sites listed or potentially eligible for listing on the NRHP. In addition to this discussion, the letter will also address the likelihood that t he proposed project will encounter areas with a high potential for containing cultural resources. The report will be submitted to the Client for review. Task 7 – Bidding The Consultant will perform the following professional services for this project phase: 1. Print a maximum of 3 full size (22” x 34”) and 3 half size (11” x 17”) sets of plans and specifications for the Client. 2. Provide plans and specifications in .pdf format to Ionwave for online bidding. 3. Prepare the notice to bidders and submit the notice to newspaper for advertisement. 4. Issue addenda as required. 5. Answer contractor questions. 6. Prepare for and conduct a pre-bid conference. 7. Attend bid opening, prepare a tabulation of bids, and prepare a letter summarizing the bids to the Client. 8. Prepare size (6) sets of the contract documents for execution by the contractor, receive and review such documents for completeness, and forward to the Client for review and execution. This task has been budgeted for up to 60 hours of KH effort. rev 1/2021 Task 8 – Construction Phase Services Consultant will provide professional construction phase services during construction of this project. This task has been budgeted for up to 12 months of construction or 250 Hours of Kimley-Horn Effort. Additional effort beyond this budgeted amount will be provided on an hourly basis. The construction phase services are as follows: 1. Pre-Construction Conference. Prepare for and attend a pre-construction conference prior to commencement of work at the site. 2. Visits to Site and Observation of Construction. Kimley-Horn will make visits as directed by Client in order to observe the progress of the work. Such observations will not be exhaustive or extend to every aspect of Contractor's work. Observations will to be limited to spot checking, selective measurement, and similar methods of general observation. Based on information obtained during site visits, Kimley-Horn will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and Kimley-Horn will keep Client informed of the general progress of the work. Kimley-Horn will not supervise, direct, or have control over Contractor's work, nor shall Kimley-Horn have authority to stop the Work or have responsibility for the means, methods, techniques, equipment choice and usage, schedules, or procedures of construction selected by Contractor, for safety programs incident to Contractor's work, or for any failure of Contractor to comply with any laws. Kimley-Horn does not guarantee the performance of any Contractor and has no responsibility for Contractor's failure to perform its work in accordance with the Contract Documents. 3. Recommendations with Respect to Defective Work. Kimley-Horn will recommend to Client that Contractor's work be disapproved and rejected while it is in progress if, on the basis of its observations, Kimley-Horn believes that such work will not produce a completed Project that generally conforms to the Contract Documents. 4. Clarifications and Interpretations. Kimley-Horn will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents. Any orders authorizing variations from the Contract Documents will be made by Client. 5. Change Orders. Kimley-Horn may recommend Change Orders to the Client and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. 6. Shop Drawings and Samples. Kimley-Horn will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contr act Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, schedules, or procedures of construction or to related safety programs. 7. Substitutes and "or-equal." Kimley-Horn will evaluate and determine the acceptability of substitute, or "or-equal" materials and equipment proposed by Contractor in accordance with the Contract Documents. 8. Disagreements between Client and Contractor. Kimley -Horn will, if requested by Client, render written decision on all claims of Client and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents. In rendering decisions, Kimley-Horn shall be fair and not show partiality to Client or Contractor and shall not be liable in connection with any decision rendered in good faith. rev 1/2021 9. Applications for Payment. Based on its observations and on review of applications for payment and supporting documentation, Kimley-Horn will determine amounts that Kimley-Horn recommends Contractor be paid. Such recommendations will be based on Kimley-Horn’s knowledge, information and belief, and will state whether in Kimley-Horn’s opinion Contractor’s work has progressed to the point indicated, subject to any qualifications stated in the recommendation. For unit price work, Kimley-Horn’s recommendations of payment will include determinations of quantities and classifications of Contractor's work, based on observations and measurements of quantities provided with pay requests. Kimley-Horn’s recommendations will not be a representation that its observations to check Contractor's work have been exhaustive, extended to every aspect of Contractor's work, or involved detailed inspections. 10. Substantial Completion. Kimley-Horn will, after notice from Contractor that it considers the Work ready for its intended use, in company with Client and Contractor, conduct a site visit to determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of all items with the exception of those identified on a final punch list. 11. Final Notice of Acceptability of the Work. Kimley-Horn will conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list so that Kimley-Horn may recommend final payment to Contractor. Accompanying the recommendation for final payment, Kimley-Horn shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of Kimley -Horn’s knowledge, information, and belief based on the extent of its services and based upon information provided to Kimley-Horn 12. Record Drawings – Prepare project “Record Drawings” based on information provided by the contractor and/or Client as to the actual field placement of the work including any changes or deletions. Consultant is not responsible for the accuracy of the informa tion provided by the contractor and/or the Client. Consultant will provide the following deliverables: • One (1) set of reproducible (22”X34”) Record Drawings • Two (2) full size Record Drawings • Three (3) half size Record Drawings • One (1) set of .pdf file Record Drawings Task 9 – Survey The Consultant will engage a professional surveyor subconsultant to perform field survey to identify and locate existing topographic elements within the selected alignment corridor including but not limited to, the following: • Property pins • Existing pavement, curbs, sidewalks, barrier free ramps, etc. • Driveways • Existing storm sewer inlets, headwalls/wingwalls, swales and channels, manholes, junction boxes, outfalls, and erosion control • Culverts and bridges • Guardrail • Utility manholes, vaults, water valves, water meters, sprinkler heads, telephone poles, power poles, utility markers, other public utilities, and franchise utilities • Traffic signal poles, cabinets, and other signal equipment • Signs • Buildings rev 1/2021 • Retaining walls • Fence limits and material types • Trees • Other applicable physical features that could impact design Task 10 – Easement Documents: The Consultant will engage a professional surveyor subconsultant to prepare up to six (6) permanent and six (6) temporary easement instruments (narrative and graphic exhibits as required for proposed water improvements). Individual parcel exhibits shall be on 8 ½”x11” paper, shall be sealed, dated, and signed by a Registered Professional Land Surveyor, shall conform to standard format provided b y the Owner and shall contain the following at a minimum: a. Parcel number b. Area required c. Area remaining d. Legal description e. Current owner f. Any existing platted easements or easements filed by separate instrument including easements provided by utility companies g. All physical features h. Metes and bounds description of parcel to be acquired for the Project. The description shall be provided on a separate sheet from the attachment. Each type of easement shall be described separately. Prepare up to six (6) permanent and six (6) temporary ea sement metes and bounds descriptions. Deliverables: • Two (2) paper copies of field notes and exhibits, and an electronic version of the exhibits (i.e. PDF) for permanent and temporary construction easements Additional Services if required: Any services not specifically provided for in the above scope will be billed as additional services and performed at Kimley-Horn’s then current hourly rate. Additional services Kimley -Horn can provide include, but are not limited to the following: • Additional sets of bidding documents and copies of review documents. • Additional site visits and meetings with City Staff. • Preparation of platting documents • Accompanying the Client when meeting with the TCEQ, U.S. Environmental Protection Agency, or other regulatory agencies during the course of the Project, beyond those meetings identified above. The Consultant will assist the Client on an as -needed basis in preparing compliance schedules, progress reports, and providing general technical support for the Client’s compliance efforts. • Assisting Client or Contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement. Such services, if any, will be furnished by Consultant on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. rev 1/2021 • Sampling, testing, or analysis beyond that specifically included in the Scope of Services referenced herein above. • Preparing applications and supporting documents for government grants, loans, or planning advances, and providing data for detailed applications. • Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties of condemnation proceedings arising from the development of construction of the Project, including the preparation of engineering data and reports for assistance to the Client. • Providing professional services associated with the discovery of any hazardous waste or materials in the project site. • Any additional changes to the Contract Documents necessary to break the project into phases or bidding portions of the project at a later date. • Redesign to reflect project scope changes requested by the Client, required to address changed conditions or change in direction previously approved by the Client, mandated by changing governmental laws, or necessitated by the Client’s acceptance of substi tutions proposed by the Contractor. • Making significant modifications to the plans and specifications after the 90% submittals have been approved by the Client. • Providing project representative services, on-site inspection, during the construction phase of the project. • Preparation for and attendance to public meetings to discuss the project. • Hazardous materials/environmental assessment or studies (except as outlined in the scope). • Environmental Cultural Resources Survey • Construction Staking • Any services not listed in the Scope of Services. Schedule: The consultant will provide the services listed in the Scope of Services upon receipt of signed IPO within a length of time as mutually agreed to by both the client and consultant. rev 1/2021 Terms of Compensation: For the services set forth above, the Client shall pay Consultant the following compensation: Task 1: Preliminary Wastewater Design $80,000 Lump Sum Task 2: Final Wastewater Design $110,000 Lump Sum Task 3: Throckmorton Lift Station Feasibility Study $30,000 Lump Sum Task 4: Geotechnical Investigation $20,000 Lump Sum Task 5: USACE NWP 58 Non-Notifying Memorandum $15,000 Lump Sum Task 6: Desktop Cultural Resources Review $4,000 Lump Sum Task 7: Bidding $15,000 (Hourly) Task 8: Construction Phase Services $60,000 (Hourly) Task 9: Survey $27,000 (Reimbursable) Task 10: Easement Documents $15,000 (Reimbursable) ($1,250/ each, est. 12) Subtotal (Not to Exceed) $376,000 ACCEPTED: CITY OF ANNA KIMLEY-HORN AND ASSOCIATES, INC. BY: BY: MichaelJ Carlisle, P.E. TITLE: TITLE: Associate DATE: DATE: 02/18/2025 Item No. 7.a. City Council Agenda Staff Report Meeting Date: 2/25/2025 Staff Contact: Stephanie Scott-Sims AGENDA ITEM: Consider/Discuss/Action on a Resolution approving a Service Plan Agreement for municipal services for 4.9± acres located on the east side of Buddy Hayes Boulevard, 385± feet south of Rosamond Parkway for a 1,050-unit Self-Storage (Mini-Warehouse) facility. (ANX 25-0001) (Director of Development Services Stephanie Scott-Sims, AICP) SUMMARY: This item is for the approval of a service plan to provide municipal services, including water, wastewater, police, and fire service for a proposed Public Storage, min- warehouse/self-storage facility. The Service Plan Agreement is required by state law prior to approval of annexation. The annexation request is on this agenda. FINANCIAL IMPACT: This item has no direct financial impact. However, annexation of the property will make it subject to City of Anna property taxes. Properties located in the Extraterritorial Jurisdiction (ETJ) are not taxed by the City. BACKGROUND: State Law Section 43.0671 of the Texas Local Government Code authorizes a municipality to extend the boundaries of the municipality and annex areas by request of the owner(s) of the area(s). This conditional written agreement regarding municipal services is in accordance with Texas Local Government Code § 43.0672. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Public Storage Annexation Locator Map (ANX 25-0001) 2. Resolution - Public Storage (ANX 25-0001) 3. Exhibit A Service Plan Agreement - Public Storage (ANX 25-0001) 4. Legal Description - Public Storage (ANX 25-0001) EUGENE ST HAMPTON ST SABLE TRACE LNHARLOWBLVDN BUDDY HAYES BLVDECOUNTYROAD370W R O S A M OND PKWY East ForkTri nit y Ri v er121 5 V a n A l s t y n e 75 SH 121 SH 5 Subject Property City Limits ETJ ¯ 0 200 400100 Feet February 2025 Public Storage Annexation (ANX 25-0001) Inset Map City of Anna, Texas Resolution No. ____________ Page 1 of 2 CITY OF ANNA, TEXAS RESOLUTION NO. ___________ A RESOLUTION ADOPTING A CONDITIONAL AGREEMENT REGARDING SERVICES RELATED TO ANNEXATION OF A 4.9± ACRE TRACT OF LAND WHEREAS, Chapter 43 of the Texas Local Government Code authorizes the annexation of territory, subject to the laws of this state; and WHEREAS, the City of Anna, Texas (the “City”) is a Texas home-rule municipality; and WHEREAS, Section 43.0671 of the Texas Local Government Code authorizes a municipality to extend the boundaries of the municipality and annex areas by request of the owner(s) of the areas; and WHEREAS, on or about January 8, 2025, the respective owners submitted a written request to the City for annexation of a tract of land into the corporate limits of the City (the “Annexation Tract”); and WHEREAS, the Annexation Tract is a 4.9± acre tract of land situated in John Ellet Survey, Abstract No. 296, City of Anna, Collin County, Texas, and being all of a called 4.890-acre tract of land as described in a Special Warranty Deed to Anna Area LLC, recorded in Instrument Number 2024000122982, Official Public Records of Collin County, Texas (O.P.R.C.C.T.); and WHEREAS, the owners of the Annexation Tract have executed a conditional written agreement regarding municipal services to be provided by the City in accordance with Texas Local Government Code § 43.0672 (the “Conditional Agreement”) and said agreement is as set forth in EXHIBIT A, attached hereto; and WHEREAS, the Conditional Agreement is conditioned on the City of Anna City Council (the “City Council”) adopting an ordinance annexing the Annexation Tract described above on or before the 25th day of February 2025 and if the City Council does not adopt such ordinances on or before said date then the Conditional Agreement shall be null and void in its entirety; and WHEREAS, the City desires to adopt and enter into the Conditional Agreement; provided, however, that the Conditional Agreement shall not require the City Council to annex the Annexation Tract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF ANNA, TEXAS: SECTION 1. The recitals set forth above are hereby incorporated in this resolution as if set forth in full for all purposes. SECTION 2. The City Council hereby approves and enters into the Conditional Agreement and authorizes the City Manager to execute said agreement on behalf of the City. City of Anna, Texas Resolution No. ____________ Page 2 of 2 SECTION 3. This resolution shall become effective immediately upon the date and time of its adoption and it is accordingly so resolved. PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THIS THE 25TH DAY OF FEBRUARY 2025. CITY OF ANNA, TEXAS ___________________________________ PETE CAIN MAYOR ATTEST: _______________________________________ CARRIE L. LAND CITY SECRETARY Page 1 of 5 AGREEMENT REGARDING SERVICES This Agreement Regarding Services (this “Agreement” or “Service Plan”) is entered into this 25th day of February 2025 by and between Area Anna, LLC and the City of Anna, Texas a home rule municipality. SUBJECT PROPERTY The real property that is the subject of this Service Plan is described as follows: Public Storage. 4.9± acres on the north side of County Road 371, on the east side of Buddy Hayes Boulevard, 385± feet south of Rosamond Parkway. AGREEMENT CONDITIONED ON ANNEXATION This Agreement is conditioned on the City of Anna City Council adopting an ordinance annexing the Subject Property described above. Nothing in this Agreement shall require the City Council to annex the Subject Property. POLICE PROTECTION On the effective date of annexation, the City of Anna, Texas and its Police Department will provide police protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. FIRE PROTECTION On the effective date of annexation, the City of Anna, Texas and its Fire Department will provide fire protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. EMERGENCY MEDICAL SERVICES On the effective date of annexation, the City of Anna, Texas will provide emergency medical services to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. Page 2 of 5 SOLID WASTE COLLECTION On the effective date of annexation, the City of Anna, Texas, through its contract with CARDS Dallas, Inc. or another service provider, will provide solid waste collection to residents and businesses in the newly annexed area (to the extent that the service provider has access to the area to be serviced) at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. Such service will be provided in accordance with existing City policies and Ordinances, and only upon payment of any required deposits and the agreement to pay lawful service fees and charges for solid waste collection. Solid waste collection through a subscription with the City’s solid waste franchisee is mandatory for City of Anna residents and businesses operating within the city limits unless provided for otherwise by ordinance. WATER AND WASTEWATER FACILITIES On the effective date of annexation, any and all water or wastewater facilities owned by the City of Anna, Texas at the time of annexation shall be maintained and operated by the City of Anna, Texas. Of such facilities, the City will maintain the main water transmission and wastewater collection lines. All water and wastewater service lines from the building to the easement or right-of-way line, shall be maintained by the property owner served by the service connection. Residents and owners of property in newly annexed areas that are located within the City’s water or wastewater CCN will be offered water and wastewater service in accordance with City policies and ordinances in existence at the time of annexation or as may be amended from time-to-time by the City Council. Generally, these ordinances state that the landowner or customer must bear the cost of construction of water and wastewater system facilities to a point where suitable connection to the existing system can be made and service to the customer can be provided. All water and wastewater facilities designed to connect to the City’s existing system must be approved by the City and meet all City zoning, subdivision, and other development ordinances and requirements. ROADS AND STREETS On the effective date of annexation, any and all existing public roads or streets in the newly annexed area which have been dedicated to Collin County, Texas or to the City of Anna, Texas, or which are owned by the City of Anna, Texas shall be maintained to the same degree and extent that other roads and streets are maintained in areas of the City with similar topography land use and population density. Specific maintenance activities are determined by available funding and the need for maintenance as determined by the City. The City is not obligated to maintain any portion of a private road or street. Any and all lighting of roads and streets which may be positioned in a public right of way, roadway or utility company easement shall be maintained by the applicable utility company Page 3 of 5 servicing that area of the City of Anna, Texas pursuant to the rules regulations and fees of such utility. An owner of land within the newly annexed area that desires to develop said property will be required pursuant to the ordinances of the City of Anna, Texas to provide internal and peripheral streets and to construct those streets in accordance with the specifications required by the City of Anna, Texas. PARKS PLAYGROUNDS AND SWIMMING POOLS OR ANY OTHER PUBLICLY OWNED FACILITY BUILDING OR SERVICE The City Council of the City of Anna, Texas is not aware of the existence of any public parks, public playgrounds, public swimming pools, or any other publicly owned facility, building or service now located in the area proposed for annexation. In the event any such parks, playgrounds, swimming pools, or any other public facilities, buildings or services do exist and are public facilities, the City of Anna, Texas will maintain such areas upon annexation to the same extent and degree that it maintains public parks, public playgrounds, public swimming pools, other public facilities buildings or services and other similar areas of the City now incorporated in the City of Anna, Texas. To the extent that it becomes necessary because of development demands population growth or a bona fide need, the City Council of the City of Anna, Texas will undertake to provide any such facility which it deems necessary to adequately provide for the health and safety of the citizens of the newly incorporated area based upon the standard considerations of topography, land use and population density. OTHER MUNICIPAL SERVICES Following annexation by the City of Anna, Texas, the City will provide code enforcement, planning, and animal control services to the newly annexed area, to the extent such services are funded in the annual budget and provided by the City within its full-purpose boundaries. In addition, the City will provide other municipal services that the City may from time to time provide to other similarly situated areas within the City’s corporate limits. The services referenced in this paragraph will be provided to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. CONSTRUCTION OF CAPITAL IMPROVEMENTS The City Council of the City of Anna, Texas finds and determines it may be necessary to acquire or construct specific capital improvements for the purposes of providing full municipal services to the newly annexed area. These capital improvements shall be constructed as part of the development of the property and may be eligible for impact fee reimbursement. Subject to the foregoing, the City Council finds and determines that it has Page 4 of 5 at the present time adequate facilities to provide the same type, kind and level of service which exists in and is presently being administered to other areas already incorporated in the City of Anna, Texas with the same or similar topography, land use and population density. SPECIFIC FINDINGS The City Council of the City of Anna, Texas finds and determines that this Service Plan will not provide any fewer services and it will not provide a lower level of service in the area proposed to be annexed than were in existence in the proposed area at the time immediately preceding the annexation process. Furthermore, the City Council of the City of Anna, Texas finds and determines that the rural nature of the area is characteristically different from other more highly developed areas within the corporate limits of the City of Anna, Texas. Consequently because of the differing characteristics of topography, land use, and population density the service levels which may ultimately be provided in the newly annexed area may differ somewhat from services provided in other areas of the City of Anna, Texas. These differences are specifically dictated because of differing characteristics of the property. The City of Anna, Texas will undertake to perform consistent with this contract so as to provide this newly annexed area with the same type, kind and quality of service presently enjoyed by the citizens of the City of Anna, Texas who reside in areas of similar topography, land use and population density. AMENDMENTS This Service Plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this Service Plan unworkable or obsolete. The City Council may amend the Service Plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. Page 5 of 5 Owner: Area Anna, LLC, a Texas Domestic Limited-Liability Corporation By: Area Anna, LLC, a Texas Domestic Limited-Liability Corporation Its President By: ____________________________ Name: Ryan Jordan Title: Manager STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of ________________, 2025 by Ryan Jordan as Manager of Area Anna, LLC, on behalf of said company. _____________________________ Notary Public, State of Texas City of Anna: By: Name: Ryan Henderson Title: City Manager IN WITNESS WHEROF: STATE OF TEXAS § § COUNTY OF COLLIN § This instrument was acknowledged before me on the ___ day of ________, 2024, by Ryan Henderson as representative of the City of Anna. Notary Public, State of Texas [SEAL] LEGAL DESCRIPTION – Public Storage, Anna Texas BEING a 4.890-acre tract of land situated in the John Ellet Survey, Abstract No. 296, City of Anna, Collin County, Texas, and being all of a called 4.890-acre tract of land as described in a Special Warranty Deed to Anna Area LLC, recorded in Instrument Number 2024000122982, O-icial Public Records of Collin County, Texas (O.P.R.C.C.T.), and being more particularly described as follows; BEGINNING a mag nail with shiner stamped “LJA SURVEYING” found in an asphalt road (County Road 370) at the southwest corner of said 4.890-acre tract of land, being at the most westerly northwest corner of a called 61.905-acre tract of land as described in a Special Warranty Deed to Bloomfield Homes, LP, a Texas limited partnership, recorded in Instrument No. 20211220002555410 O-icial Public Records of Collin County, Texas (O.P.R.C.C.T.), being at the northeast corner of a called 38.15-acre tract of land as described in a Special Warranty Deed to MJLA Adams, LTD., a Texas limited partnership, recorded in Instrument No. 20110505000462590 (O.P.R.C.C.T.) and being at the southeast corner of a called 17.863-acre tract of land as described in a Special Warranty Deed to Anna 18, LLC, a Texas limited liability company, recorded in Instrument No. 20161020001423440 (O.P.R.C.C.T.), from which a 5/8-inch iron rod with cap stamped “LJA SURVEYING” found at the southwest corner of said 61.905-acre tract of land bears South 01 degree 38 minutes 17 seconds East, a distance of 509.25 feet; THENCE North 01 degree 06 minutes 23 seconds West, a distance of 373.21 feet along the west line of said 4.890-acre tract of land, along the east line of said 17.863-acre tract of land and along or near the centerline of County Road 370 to a mag nail with washer stamped “BOHLER ENG.” set for corner at the most westerly northwest corner of said 4.890-acre tract of land, from which a mag nail with washer stamped “BOHLER ENG.” found at the northwest corner of a called 226.62-acre tract of land as described in a Warranty Deed to QJR Partnership, Ltd., a Texas limited partnership, recorded in Volume 5106, Page 2380, Deed Records of Collin County, Texas (D.R.C.C.T.) and at the southwest corner of a called 275.00-acre tract of land as described in a Special Warranty Deed to D.R. Horton - Texas, LTD, a Texas limited partnership, recorded in Instrument No. 2021021000310470, O-icial Public Records of Collin County, Texas (O.P.R.C.C.T.), bears North 01 degree 06 minutes 23 seconds West, a distance of 60.00 feet; THENCE North 89 degree 28 minutes 47 seconds East, a distance of 81.71 feet to a one-half inch iron rod with cap stamped “BOHLER ENG” set for corner at an interior angle corner of said 4.890- acre tract of land; THENCE North 00 degree 31 minutes 13 seconds West, a distance of 60.00 feet to a one-half inch iron rod with cap stamped “BOHLER ENG” set at the most northerly northwest corner of said 4.890- acre tract of land and in the south the south line of said 275.00-acre tract of land, from which a mag nail with washer stamped “BOHLER ENG.” found at the northwest corner of said 226.62-acre tract of land and at the southwest corner of said 275.00-acre tract of land, bears South 89 degree 28 minutes 47 seconds West, a distance of 82.33 feet THENCE North 89 degrees 28 minutes 47 seconds East, a distance of 422.77 feet along the north line of said 4.890-acre tract of land and along the south line of said 275.00-acre tract to a point for corner at the northeast corner of said 4.890 acre tract of land and at the most northerly northwest corner of said 61.905-acre tract of land, from which a 5/8-inch iron rod with cap stamped “LJA SURVEYING” found bears South 00 degrees 31 minutes 40 seconds East, a distance of 0.45 feet; THENCE South 00 degree 31 minutes 40 seconds East, a distance of 433.38 feet along east line of said 4.890-acre tract of land and along the most northerly west line of said 61.905-acre tract of land to a 5/8-inch iron rod with cap stamped “LJA SURVEYING” found for corner at the southeast corner of said 4.890-acre tract of land; THENCE South 89 degrees 30 minutes 04 seconds West, a distance of 500.72 feet along the south line of said 4.890-acre tract of land and along the north line of said 61.905-acre tract of land to the POINT OF BEGINNING, and CONTAINING 212,983 square feet or 4.890 acres. Item No. 7.b. City Council Agenda Staff Report Meeting Date: 2/25/2025 Staff Contact: Stephanie Scott-Sims AGENDA ITEM: Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance regarding a request to annex 4.9± acres located on the east side of Buddy Hayes Boulevard, 385± feet south of Rosamond Parkway for a 1,050-unit Self-Storage (Mini-Warehouse) facility. (ANX 25-0001) (Director of Development Services Stephanie Scott-Sims, AICP) SUMMARY: Area Anna LLC has submitted a petition to annex 4.9± acres of land. The Service Plan Agreement is on this agenda and is required by state law prior to approval of annexation. The zoning request is also on this agenda. FINANCIAL IMPACT: This item has no direct financial impact. However, annexation of the property will make it subject to City of Anna property taxes. Properties located in the Extraterritorial Jurisdiction (ETJ) are not taxed by the City. BACKGROUND: Area Anna LLC is seeking to develop the property in accordance with the companion zoning request on this agenda. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Locator Map - Public Storage (ANX 25-0001) 2. Ordinance Annexation - Public Storage (ANX 25-0001) 3. Exhibit A - Legal Description 4. Exhibit B- Service Plan Agreement - Public Storage (ANX 25-0001) EUGENE ST HAMPTON ST SABLE TRACE LNHARLOWBLVDN BUDDY HAYES BLVDECOUNTYROAD370W R O S A M OND PKWY East ForkTri nit y Ri v er121 5 V a n A l s t y n e 75 SH 121 SH 5 Subject Property City Limits ETJ ¯ 0 200 400100 Feet February 2025 Public Storage Annexation (ANX 25-0001) Inset Map City of Anna, Texas Ordinance No. ____________ Page 1 of 2 CITY OF ANNA, TEXAS ORDINANCE NO. _____________________ AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF ANNA, COLLIN COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID MUNICIPALITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN SAID MUNICIPAL CORPORATE LIMITS AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY AS SET FORTH HEREIN; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 43 of the Texas Local Government Code authorizes the annexation of territory, subject to the laws of this state; and WHEREAS, the City of Anna, Texas (the “City”) is a Texas home-rule municipality; and WHEREAS, Section 43.0671 of the Texas Local Government Code authorizes a municipality to extend the boundaries of the municipality and annex areas by request of the owner(s) of the areas; and WHEREAS, the procedures prescribed by the Texas Local Government Code and the laws of this state have been duly followed with respect to the City’s annexation of following described territory, to wit: a tract of land situated in the John Ellet Survey, Abstract No. 296, City of Anna, Collin County, Texas, and being all of a called 4.890-acre tract of land as described in a Special Warranty Deed to Anna Area LLC, recorded in Instrument Number 2024000122982, Official Public Records of Collin County, Texas (O.P.R.C.C.T.); and WHEREAS, the land being annexed under this ordinance (the “Annexation Tract”) is described and depicted more specifically in EXHIBIT A, attached hereto; and WHEREAS, the Annexation Tract is wholly located with the City’s extraterritorial jurisdiction; and WHEREAS, on or about January 8, 2025, the respective owner of the Annexation Tract submitted a written request to the City for annexation of said tract into the corporate limits of the City and the City and said owners have entered into a written agreement regarding municipal services to be provided by the City in accordance with Texas Local Government Code § 43.0672 and said written agreement is as set forth in EXHIBIT B, attached hereto; and WHEREAS, the City timely published notice and held a public hearing on this annexation at a duly noticed public meeting in accordance with the laws of this state; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: City of Anna, Texas Ordinance No. ____________ Page 2 of 2 SECTION 1. The recitals set forth above are hereby incorporated in this ordinance as if set forth in full for all purposes. SECTION 2. The Annexation Tract is hereby annexed into the corporate boundary limits of the City of Anna, Collin County, Texas, and that said corporate boundary limits of the City of Anna be and the same are hereby extended to include the above described territory within the corporate limits of the City, and the same shall hereafter be included within the territorial limits of the City, and the inhabitants thereof shall hereafter as set forth be entitled to all the rights and privileges of other similarly situated citizens of the City of Anna and they shall be bound by the acts, ordinances, resolutions, regulations and all other legal acts of said city. SECTION 3. The official map and boundaries of the City of Anna are hereby amended and revised so as to include the area annexed, and to reflect the expansion of the City's extraterritorial jurisdiction resulting from such annexation and the City Manager is directed to take all actions necessary to make said changes to the official boundary map of the City. SECTION 4. The City Secretary is hereby directed to file a certified copy of this ordinance and the amended official boundary map referenced in Section 3 with the with the County Clerk of Collin, Texas and the Texas Comptroller’s Office. SECTION 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance be severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, and the remainder of this ordinance shall be enforced as written. SECTION 6. All ordinances and parts thereof in conflict herewith are hereby expressly repealed insofar as they conflict herewith. SECTION 7.This ordinance shall become effective immediately upon the date and time of its adoption and it is accordingly so ordained. PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THIS THE 25TH DAY OF FEBRUARY 2025. CITY OF ANNA, TEXAS ___________________________________ PETE CAIN, MAYOR ATTEST: _______________________________________ CARRIE L. LAND, CITY SECRETARY LEGAL DESCRIPTION – Public Storage, Anna Texas BEING a 4.890-acre tract of land situated in the John Ellet Survey, Abstract No. 296, City of Anna, Collin County, Texas, and being all of a called 4.890-acre tract of land as described in a Special Warranty Deed to Anna Area LLC, recorded in Instrument Number 2024000122982, O-icial Public Records of Collin County, Texas (O.P.R.C.C.T.), and being more particularly described as follows; BEGINNING a mag nail with shiner stamped “LJA SURVEYING” found in an asphalt road (County Road 370) at the southwest corner of said 4.890-acre tract of land, being at the most westerly northwest corner of a called 61.905-acre tract of land as described in a Special Warranty Deed to Bloomfield Homes, LP, a Texas limited partnership, recorded in Instrument No. 20211220002555410 O-icial Public Records of Collin County, Texas (O.P.R.C.C.T.), being at the northeast corner of a called 38.15-acre tract of land as described in a Special Warranty Deed to MJLA Adams, LTD., a Texas limited partnership, recorded in Instrument No. 20110505000462590 (O.P.R.C.C.T.) and being at the southeast corner of a called 17.863-acre tract of land as described in a Special Warranty Deed to Anna 18, LLC, a Texas limited liability company, recorded in Instrument No. 20161020001423440 (O.P.R.C.C.T.), from which a 5/8-inch iron rod with cap stamped “LJA SURVEYING” found at the southwest corner of said 61.905-acre tract of land bears South 01 degree 38 minutes 17 seconds East, a distance of 509.25 feet; THENCE North 01 degree 06 minutes 23 seconds West, a distance of 373.21 feet along the west line of said 4.890-acre tract of land, along the east line of said 17.863-acre tract of land and along or near the centerline of County Road 370 to a mag nail with washer stamped “BOHLER ENG.” set for corner at the most westerly northwest corner of said 4.890-acre tract of land, from which a mag nail with washer stamped “BOHLER ENG.” found at the northwest corner of a called 226.62-acre tract of land as described in a Warranty Deed to QJR Partnership, Ltd., a Texas limited partnership, recorded in Volume 5106, Page 2380, Deed Records of Collin County, Texas (D.R.C.C.T.) and at the southwest corner of a called 275.00-acre tract of land as described in a Special Warranty Deed to D.R. Horton - Texas, LTD, a Texas limited partnership, recorded in Instrument No. 2021021000310470, O-icial Public Records of Collin County, Texas (O.P.R.C.C.T.), bears North 01 degree 06 minutes 23 seconds West, a distance of 60.00 feet; THENCE North 89 degree 28 minutes 47 seconds East, a distance of 81.71 feet to a one-half inch iron rod with cap stamped “BOHLER ENG” set for corner at an interior angle corner of said 4.890- acre tract of land; THENCE North 00 degree 31 minutes 13 seconds West, a distance of 60.00 feet to a one-half inch iron rod with cap stamped “BOHLER ENG” set at the most northerly northwest corner of said 4.890- acre tract of land and in the south the south line of said 275.00-acre tract of land, from which a mag EXHIBIT A nail with washer stamped “BOHLER ENG.” found at the northwest corner of said 226.62-acre tract of land and at the southwest corner of said 275.00-acre tract of land, bears South 89 degree 28 minutes 47 seconds West, a distance of 82.33 feet THENCE North 89 degrees 28 minutes 47 seconds East, a distance of 422.77 feet along the north line of said 4.890-acre tract of land and along the south line of said 275.00-acre tract to a point for corner at the northeast corner of said 4.890 acre tract of land and at the most northerly northwest corner of said 61.905-acre tract of land, from which a 5/8-inch iron rod with cap stamped “LJA SURVEYING” found bears South 00 degrees 31 minutes 40 seconds East, a distance of 0.45 feet; THENCE South 00 degree 31 minutes 40 seconds East, a distance of 433.38 feet along east line of said 4.890-acre tract of land and along the most northerly west line of said 61.905-acre tract of land to a 5/8-inch iron rod with cap stamped “LJA SURVEYING” found for corner at the southeast corner of said 4.890-acre tract of land; THENCE South 89 degrees 30 minutes 04 seconds West, a distance of 500.72 feet along the south line of said 4.890-acre tract of land and along the north line of said 61.905-acre tract of land to the POINT OF BEGINNING, and CONTAINING 212,983 square feet or 4.890 acres. Page 1 of 5 AGREEMENT REGARDING SERVICES This Agreement Regarding Services (this “Agreement” or “Service Plan”) is entered into this 25th day of February 2025 by and between Area Anna, LLC and the City of Anna, Texas a home rule municipality. SUBJECT PROPERTY The real property that is the subject of this Service Plan is described as follows: Public Storage. 4.9± acres on the north side of County Road 371, on the east side of Buddy Hayes Boulevard, 385± feet south of Rosamond Parkway. AGREEMENT CONDITIONED ON ANNEXATION This Agreement is conditioned on the City of Anna City Council adopting an ordinance annexing the Subject Property described above. Nothing in this Agreement shall require the City Council to annex the Subject Property. POLICE PROTECTION On the effective date of annexation, the City of Anna, Texas and its Police Department will provide police protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. FIRE PROTECTION On the effective date of annexation, the City of Anna, Texas and its Fire Department will provide fire protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. EMERGENCY MEDICAL SERVICES On the effective date of annexation, the City of Anna, Texas will provide emergency medical services to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. Page 2 of 5 SOLID WASTE COLLECTION On the effective date of annexation, the City of Anna, Texas, through its contract with CARDS Dallas, Inc. or another service provider, will provide solid waste collection to residents and businesses in the newly annexed area (to the extent that the service provider has access to the area to be serviced) at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. Such service will be provided in accordance with existing City policies and Ordinances, and only upon payment of any required deposits and the agreement to pay lawful service fees and charges for solid waste collection. Solid waste collection through a subscription with the City’s solid waste franchisee is mandatory for City of Anna residents and businesses operating within the city limits unless provided for otherwise by ordinance. WATER AND WASTEWATER FACILITIES On the effective date of annexation, any and all water or wastewater facilities owned by the City of Anna, Texas at the time of annexation shall be maintained and operated by the City of Anna, Texas. Of such facilities, the City will maintain the main water transmission and wastewater collection lines. All water and wastewater service lines from the building to the easement or right-of-way line, shall be maintained by the property owner served by the service connection. Residents and owners of property in newly annexed areas that are located within the City’s water or wastewater CCN will be offered water and wastewater service in accordance with City policies and ordinances in existence at the time of annexation or as may be amended from time-to-time by the City Council. Generally, these ordinances state that the landowner or customer must bear the cost of construction of water and wastewater system facilities to a point where suitable connection to the existing system can be made and service to the customer can be provided. All water and wastewater facilities designed to connect to the City’s existing system must be approved by the City and meet all City zoning, subdivision, and other development ordinances and requirements. ROADS AND STREETS On the effective date of annexation, any and all existing public roads or streets in the newly annexed area which have been dedicated to Collin County, Texas or to the City of Anna, Texas, or which are owned by the City of Anna, Texas shall be maintained to the same degree and extent that other roads and streets are maintained in areas of the City with similar topography land use and population density. Specific maintenance activities are determined by available funding and the need for maintenance as determined by the City. The City is not obligated to maintain any portion of a private road or street. Any and all lighting of roads and streets which may be positioned in a public right of way, roadway or utility company easement shall be maintained by the applicable utility company Page 3 of 5 servicing that area of the City of Anna, Texas pursuant to the rules regulations and fees of such utility. An owner of land within the newly annexed area that desires to develop said property will be required pursuant to the ordinances of the City of Anna, Texas to provide internal and peripheral streets and to construct those streets in accordance with the specifications required by the City of Anna, Texas. PARKS PLAYGROUNDS AND SWIMMING POOLS OR ANY OTHER PUBLICLY OWNED FACILITY BUILDING OR SERVICE The City Council of the City of Anna, Texas is not aware of the existence of any public parks, public playgrounds, public swimming pools, or any other publicly owned facility, building or service now located in the area proposed for annexation. In the event any such parks, playgrounds, swimming pools, or any other public facilities, buildings or services do exist and are public facilities, the City of Anna, Texas will maintain such areas upon annexation to the same extent and degree that it maintains public parks, public playgrounds, public swimming pools, other public facilities buildings or services and other similar areas of the City now incorporated in the City of Anna, Texas. To the extent that it becomes necessary because of development demands population growth or a bona fide need, the City Council of the City of Anna, Texas will undertake to provide any such facility which it deems necessary to adequately provide for the health and safety of the citizens of the newly incorporated area based upon the standard considerations of topography, land use and population density. OTHER MUNICIPAL SERVICES Following annexation by the City of Anna, Texas, the City will provide code enforcement, planning, and animal control services to the newly annexed area, to the extent such services are funded in the annual budget and provided by the City within its full-purpose boundaries. In addition, the City will provide other municipal services that the City may from time to time provide to other similarly situated areas within the City’s corporate limits. The services referenced in this paragraph will be provided to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. CONSTRUCTION OF CAPITAL IMPROVEMENTS The City Council of the City of Anna, Texas finds and determines it may be necessary to acquire or construct specific capital improvements for the purposes of providing full municipal services to the newly annexed area. These capital improvements shall be constructed as part of the development of the property and may be eligible for impact fee reimbursement. Subject to the foregoing, the City Council finds and determines that it has Page 4 of 5 at the present time adequate facilities to provide the same type, kind and level of service which exists in and is presently being administered to other areas already incorporated in the City of Anna, Texas with the same or similar topography, land use and population density. SPECIFIC FINDINGS The City Council of the City of Anna, Texas finds and determines that this Service Plan will not provide any fewer services and it will not provide a lower level of service in the area proposed to be annexed than were in existence in the proposed area at the time immediately preceding the annexation process. Furthermore, the City Council of the City of Anna, Texas finds and determines that the rural nature of the area is characteristically different from other more highly developed areas within the corporate limits of the City of Anna, Texas. Consequently because of the differing characteristics of topography, land use, and population density the service levels which may ultimately be provided in the newly annexed area may differ somewhat from services provided in other areas of the City of Anna, Texas. These differences are specifically dictated because of differing characteristics of the property. The City of Anna, Texas will undertake to perform consistent with this contract so as to provide this newly annexed area with the same type, kind and quality of service presently enjoyed by the citizens of the City of Anna, Texas who reside in areas of similar topography, land use and population density. AMENDMENTS This Service Plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this Service Plan unworkable or obsolete. The City Council may amend the Service Plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. Page 5 of 5 Owner: Area Anna, LLC, a Texas Domestic Limited-Liability Corporation By: Area Anna, LLC, a Texas Domestic Limited-Liability Corporation Its President By: ____________________________ Name: Ryan Jordan Title: Manager STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of ________________, 2025 by Ryan Jordan as Manager of Area Anna, LLC, on behalf of said company. _____________________________ Notary Public, State of Texas City of Anna: By: Name: Ryan Henderson Title: City Manager IN WITNESS WHEROF: STATE OF TEXAS § § COUNTY OF COLLIN § This instrument was acknowledged before me on the ___ day of ________, 2024, by Ryan Henderson as representative of the City of Anna. Notary Public, State of Texas [SEAL] Item No. 7.c. City Council Agenda Staff Report Meeting Date: 2/25/2025 Staff Contact: Stephanie Scott-Sims AGENDA ITEM: Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance regarding a request to zone 4.9± acres located on the east side of Buddy Hayes Boulevard, 385± feet south of Rosamond Parkway for a 1,050-unit Self-Storage (Mini-Warehouse) facility. (SUP 25-0002) (Director of Development Services Stephanie Scott-Sims, AICP) SUMMARY: The applicant is requesting to annex and zone the property to Regional Commercial (C- 2) District with a Specific Use Permit (SUP) for Self-Storage (Mini-Warehouse). The annexation request does not require Planning & Zoning Commission review and will be reviewed and acted upon by City Council. However, the zoning request requires review and a recommendation from the Planning & Zoning Commission to the City Council. At its February 3, 2025, meeting, the Planning & Zoning Commission recommended approval (7-0) subject to approval of the associated annexation with the following conditions: 1. Site shall develop in accordance with the Preliminary Site Plan shown in Exhibit B. 2. Site shall develop in accordance with the Specific Use Permit standards for Self- Storage (Mini - Warehouse) in Sec. 9.04.035(b) of the Zoning Ordinance. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: HISTORY Resolution No. 2015-01-07 – City Council entered into a Non-Annexation Development Agreement with QJR Partnership LTD on January 13, 2015. Prior to 2019, cities had authority to annex property without the Property Owner’s consent. Ordinance No. 835-2019 - City Council annexed 223.15± acres for the Meadow Vista development. A remainder parcel of 5.0± acres was excluded from the annexation. CASE OVERVIEW The applicant is requesting to annex and zone the property to Regional Commercial (C- 2) District with a Specific Use Permit (SUP) for Self-Storage (Mini-Warehouse). The annexation request does not require Planning & Zoning Commission review and will be reviewed and acted upon by City Council. However, the zoning request requires review and a recommendation from the Planning & Zoning Commission to the City Council. Staff mailed public hearing notices to surrounding property owners in accordance with state law. To date, Staff has not received any input on this case. Direction Land Use Zoning Comprehensive Plan North Telecommunications Tower Vacant Lot (The Woods at Lindsey Place - commercial) ETJ PD/C-1/C-2/MF-2/SF- 60/SF-Z/SF-TH (Ord. No. 881-2020) Cluster Residential and Parks & Open Space East Vacant Lot (Meadow Vista - single-family) PD/C-1/SF-60 (Ord. No. 839-2019) Cluster Residential and Parks & Open Space South Vacant Lot (Meadow Vista - mixed use) PD/C-1/SF-60 (Ord. No. 839-2019) Cluster Residential and Parks & Open Space West Vacant Lot (Rosamond Crossing Southeast Corner Addition) C-2 Regional Commercial COMPATIBILITY CONSIDERATIONS Future Land Use Plan (FLUP): The FLUP identifies this property as Cluster Residential and Parks & Open Space. The Cluster Residential Place Type does not include non- residential uses other than institutions as a primary or secondary land use. Thoroughfare Plan: The Thoroughfare Plan identifies a Major Collector (Buddy Hayes Boulevard) along the western property line. The applicant would be required to dedicate the necessary right-of-way with platting. Access: As shown in the associated Preliminary Site Plan, the applicant is providing the necessary two points of access from future Buddy Hayes Boulevard. Existing Utilities: Currently sewer and water lines are not crossing this property. The applicant understands that if their site is developed prior to the surrounding properties, they will be responsible for their sewer and water connections. Parks and Public Trails: A public trail will be provided on the east side of the intermittent stream, therefore a trail is not required on this site. Physical Features of the Site • The property has an intermittent stream along the eastern property boundary with approximately 100 feet in depth of flood plain that would be between the nearest building and the boundary of the Meadow Visit subdivision’s HOA lots with a public trail. • Existing trees along the eastern property boundary have more restrictive tree preservation requirements due to the flood plain. If a quality tree species with a minimum of 6” caliper or a non-quality tree species with a minimum of 24” caliper is located within the floodplain, it is required to be preserved or replaced. Specific Use Permit When considering an application for a Specific Use Permit, the Planning & Zoning Commission may recommend, and the City Council may establish, conditions and regulations necessary to protect the health, safety, morals, and general welfare of the neighborhood and/or the city. In addition, the use shall be in general conformance with the Comprehensive Plan and general objectives of the city. Section 9.04.035(b) of the Zoning Ordinance provides the following use-specific standards required for Self- Storage (Mini-Warehouse): (b) Self-Storage (Mini-Warehouse). (1) Access. (A) The Self-Storage (Mini-Warehouse) shall be secured to limit access to tenants (or owners) and fire, police, or emergency service officials. (B) A Self-Storage (Mini-Warehouse) shall provide adequate drive aisles between all buildings for vehicle circulation and fire and emergency access. Staff Response: The proposed Self-Storage (Mini-Warehouse) is providing adequate drive aisles with a security gate. (2) Storage. (A) A Self-Storage (Mini-Warehouse) unit shall not be used for the storage of explosives, ammunition, hazardous, or flammable materials. (B) Self-Storage (Mini-Warehouse) units shall be used solely for the purpose of storage of goods and possessions and shall not be used for the operation of a business, hobby, band rehearsal, or any type of activity not related to the storage of personal property of the owner or tenant of the unit. (C) No outdoor storage is permitted in the C-2 zoning district. (D) Outdoor storage may be allowed within I-1 zoning district in approved on-site areas for vehicles and recreational equipment if they are covered by an awning or canopy structure. Staff Response: The applicant is Public Storage®, an international company and the largest brand of self-storage, which has specific rules for their tenants and will not have outdoor storage. (3) Accessory Office. (A) The Self-Storage (Mini-Warehouse) may include an accessory on-site office. (B) An office shall not exceed three thousand (3,000) square feet. Staff Response: The building plans will ensure that an on-site office does not exceed 3,000 square feet. CONCLUSION Although the request for C-2 zoning with a Specific Use Permit is not in conformance with the Cluster Residential Place Type within the Anna 2050 Comprehensive Plan, the size of the tract along with its location behind retail, the commercial zoning of adjacent properties, and the physical features of the site make this a suitable location for self- storage (mini-warehouse). The property is located on a Major Collector Road facing Regional Commercial property (Rosamond Crossing Southeast Corner Addition), the properties to the north and south are zoned Planned Development with a base zoning of Local Commercial as well as an existing Telecommunications Tower, and the flood plain with preserved trees will create a natural barrier from the single-family Meadow Vista subdivision. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Locator Map - Public Storage (SUP 25-0002) 2. Exhibit A Legal Description - Public Storage (SUP 25-0002) 3. Exhibit B Preliminary Site Plan - Public Storage (SUP 25-0002) 4. Ordinance (Zoning) Public Storage (SUP 25-0002) 5. Cluster Residential Place Type Description - Public Storage (SUP 25-0002) STINNET ST W ROSAMOND PKWY EUGENE S T E COUNTY ROAD 370 SUE ELLEN ST N BUDDY HAYES BLVDHAMPTON ST JUDI THANNSTWILLIE RAY S T HARL O WBLVDPIPER ROSE STNCENTRALEXPYSABLE TRACE LNUSHIGHWAY75 East ForkTri nit y Ri v er121 5 V a n A l s t y n e 75 SH 121 SH 5 Subject Property 200' Notice Boundary City Limits ETJ ¯ 0 400 800200 Feet January 2025 Public Storage Zoning (Case # Here) Inset Map LEGAL DESCRIPTION – Public Storage, Anna Texas BEING a 4.890-acre tract of land situated in the John Ellet Survey, Abstract No. 296, City of Anna, Collin County, Texas, and being all of a called 4.890-acre tract of land as described in a Special Warranty Deed to Anna Area LLC, recorded in Instrument Number 2024000122982, O-icial Public Records of Collin County, Texas (O.P.R.C.C.T.), and being more particularly described as follows; BEGINNING a mag nail with shiner stamped “LJA SURVEYING” found in an asphalt road (County Road 370) at the southwest corner of said 4.890-acre tract of land, being at the most westerly northwest corner of a called 61.905-acre tract of land as described in a Special Warranty Deed to Bloomfield Homes, LP, a Texas limited partnership, recorded in Instrument No. 20211220002555410 O-icial Public Records of Collin County, Texas (O.P.R.C.C.T.), being at the northeast corner of a called 38.15-acre tract of land as described in a Special Warranty Deed to MJLA Adams, LTD., a Texas limited partnership, recorded in Instrument No. 20110505000462590 (O.P.R.C.C.T.) and being at the southeast corner of a called 17.863-acre tract of land as described in a Special Warranty Deed to Anna 18, LLC, a Texas limited liability company, recorded in Instrument No. 20161020001423440 (O.P.R.C.C.T.), from which a 5/8-inch iron rod with cap stamped “LJA SURVEYING” found at the southwest corner of said 61.905-acre tract of land bears South 01 degree 38 minutes 17 seconds East, a distance of 509.25 feet; THENCE North 01 degree 06 minutes 23 seconds West, a distance of 373.21 feet along the west line of said 4.890-acre tract of land, along the east line of said 17.863-acre tract of land and along or near the centerline of County Road 370 to a mag nail with washer stamped “BOHLER ENG.” set for corner at the most westerly northwest corner of said 4.890-acre tract of land, from which a mag nail with washer stamped “BOHLER ENG.” found at the northwest corner of a called 226.62-acre tract of land as described in a Warranty Deed to QJR Partnership, Ltd., a Texas limited partnership, recorded in Volume 5106, Page 2380, Deed Records of Collin County, Texas (D.R.C.C.T.) and at the southwest corner of a called 275.00-acre tract of land as described in a Special Warranty Deed to D.R. Horton - Texas, LTD, a Texas limited partnership, recorded in Instrument No. 2021021000310470, O-icial Public Records of Collin County, Texas (O.P.R.C.C.T.), bears North 01 degree 06 minutes 23 seconds West, a distance of 60.00 feet; THENCE North 89 degree 28 minutes 47 seconds East, a distance of 81.71 feet to a one-half inch iron rod with cap stamped “BOHLER ENG” set for corner at an interior angle corner of said 4.890- acre tract of land; THENCE North 00 degree 31 minutes 13 seconds West, a distance of 60.00 feet to a one-half inch iron rod with cap stamped “BOHLER ENG” set at the most northerly northwest corner of said 4.890- acre tract of land and in the south the south line of said 275.00-acre tract of land, from which a mag nail with washer stamped “BOHLER ENG.” found at the northwest corner of said 226.62-acre tract of land and at the southwest corner of said 275.00-acre tract of land, bears South 89 degree 28 minutes 47 seconds West, a distance of 82.33 feet THENCE North 89 degrees 28 minutes 47 seconds East, a distance of 422.77 feet along the north line of said 4.890-acre tract of land and along the south line of said 275.00-acre tract to a point for corner at the northeast corner of said 4.890 acre tract of land and at the most northerly northwest corner of said 61.905-acre tract of land, from which a 5/8-inch iron rod with cap stamped “LJA SURVEYING” found bears South 00 degrees 31 minutes 40 seconds East, a distance of 0.45 feet; THENCE South 00 degree 31 minutes 40 seconds East, a distance of 433.38 feet along east line of said 4.890-acre tract of land and along the most northerly west line of said 61.905-acre tract of land to a 5/8-inch iron rod with cap stamped “LJA SURVEYING” found for corner at the southeast corner of said 4.890-acre tract of land; THENCE South 89 degrees 30 minutes 04 seconds West, a distance of 500.72 feet along the south line of said 4.890-acre tract of land and along the north line of said 61.905-acre tract of land to the POINT OF BEGINNING, and CONTAINING 212,983 square feet or 4.890 acres. PROP DRIVE-UP STORAGE±5,900 SF1 STORY / 12 FT19 UNITSPROP DRIVE-UP STORAGE ±3015 SF 1 STORY / 12 FT 14 UNITS 242'185.5'755' SIDE SETBACK10' REAR SETBACK 10' REAR SETBACK 25' FRONT SETBACK5' SIDE SETBACKPROP ROWDEDICATIONFUTURE ROW TO BEDEDICATED BY OTHERS59.5'11'8'9'8'20'21.3'191.3'31.3' 141.3'26'9.4'26'15'3.8'10'5'7.9'20'31.5'12'20'26'15'8'8'10'10'22'22'10'8664'9'5PROP CALL BOX12' OFF OF GATEPROP SCREENING WALL.8' TALL MADE OF BRICK MASONRYFL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FLFLFLFLF L FL FL FL FL FL FL FL FL FL FL FL FL FL F L FLFLFLFL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL PROP CALL BOX12' OFF OF GATEPROP TRASH ENCLOSURE8' TALL MADE OF BRICK MASONRYPROP ADAMARKING & SIGNPROP 'STOP' BAR +'STOP' SIGNPROP 'STOP' BAR +'STOP' SIGN10'PROP ADAMARKING & SIGNPROP SLIDING GATE.8' TALL MADE OF TUBULAR STEELPROP DETENTION POND 6.5'8' 6'21.8'10'54'9'9'59'20'20'PROP CONCRETEBOLLARD (TYP.)PROP CONCRETEBOLLARD (TYP.)PROP CONCRETE PAVEMENTPROP SELF STORAGE±44,769 SF 3 STORIES / 40FT(GFA ±134,307 SF)FFE = 734.001,012 UNITS30'R30'R30'R30'R30' R 30'R 74'R126'R100'R100'R30'R15'R15'R56 ' R 10'9'10'9'PROP DIRECTIONALARROWS (TYP.)PROP SPLITSLIDING GATE.8' TALL MADE OFTUBULAR STEELPROP PONDACCESS PATH9'LANDSCAPE AREA 10'10'10' LANDSCAPE BUFFER LANDSCAPE AREAVISIBILITY ACCESSMAINTENANCE EASEMENT (TYP.)PROP CONCRETE PAVEMENT131.3'21.3'10'2.1' PROP DRIVE-UP STORAGE ±3015 SF 1 STORY/ 12 FT 13 UNITS52.4'PROP RISER ROOMREMAINDER OF CALLED: 226.62ACRESQJR PARTNERSHIP, LTD.A TEXAS LIMITEDPARTNERSHIPVOLUME 5106, PAGE 2380(D.R.C.C.T.)NO ADDRESS213,034.52 SQ. FT. OR4.89 ACRESJOHN ELLETTSURVEYABSTRACT NO.296P.O.B.ZONE XCOUNTY ROAD 370 S89°30'04"W 500.72'S00°31'40"E 433.38'N89°28'47"E 422.77'N01°06'23"W 373.21'SSSSSSSSSSSSSSSSSSSSSSSSSSS733730731732730729731732733728729730729731 732733 733725 725 730725734WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWSSSSSSSSSSSSSSS S S SSSSSSSSSCONNECT TO PROP 16" WATER MAIN(CONTRACTOR TO FIELD VERIFY EXACTHORIZONTAL AND VERTICAL LOCATION)INSTALL:1 - 16" X 8" TEESSCONNECT TO FUTURE SAN SEWER MAIN(TO BE CONSTRUCTED BY OTHERS)(CONTRACTOR TO FIELD VERIFY EXACTHORIZONTAL AND VERTICAL LOCATION)INSTALL:1 - 4' DIA. MHCONNECT TO FUTURE SAN SEWER MAIN(TO BE CONSTRUCTED BY OTHERS)(CONTRACTOR TO FIELD VERIFY EXACTHORIZONTAL AND VERTICAL LOCATION)INSTALL:1 - 4' DIA. MHW WWW WW PROP 8" WATER LINE PROP 8" WATER LINEPROP 8" WATER LINEPROP 6" SANITARY SEWER LINEPROP 6" SANITARY SEWER LINE PROP 6" SANITARY SEWER LINE6" SANITARYSEWER P.O.C.PROP ±405 LF OFSANITARY SEWER6" SANITARY SEWERP.O.C.INSTALL:1 - 6" FIRE SERVICECONNECTIONINSTALL:1 - 2" DOMESTICSERVICE CONNECTIONINSTALL:1 - 2" DOMESTICMETERINSTALL:1 - 6" FIRE SERVICECONNECTIONINSTALL:1 - 6" FIRE SERVICECONNECTIONINSTALL:1 - 16" X 8" TEEPROP 16" WATER LINE PROP 16" WATER LINEPROP 16" WATER LINEPROP 16" WATER LINE PROP 24" SAN SEWERMAIN (BY OTHERS)PROP 24" SAN SEWER MAIN (BY OTHERS)PROP 24" SAN SEWER MAIN (BY OTHERS)WMINSTALL:1 - 2" IRRIGATIONMETER AND STUBWMPROP10'x10' WATEREASEMENTPROP5'x10' WATEREASEMENTPROP10'x10' WATEREASEMENTPROP10'x10' WATEREASEMENTPROP20'x20' WATEREASEMENTPROPVARIABLE WATEREASEMENTINSTALL:1 - 6" FIRE SERVICECONNECTIONPROP10'x10' WATEREASEMENTPROP10'x10' WATEREASEMENTRIDGE RIDGERIDGERIDGERIDGEPROP 18" SDPROP 24" SDPROP 18" SD PROP 24" SDPROP 12" SDPROP 12" SDPROP 4" SDPROP 18" SDPROP 24" SDPROP 24" SDPROP 24" SDPROP 24" SDPROP 18" SD PROP 4" SD PROP 4" SD PROP 12" SDPROP 12" SD ±55 LF 48" SDPROP 24" SDPROP 24" SD PROP 24" SDPROP 24" SDDDDDDDDDDPROP 4'x4'GRATE INLETPROP 4' STORMMANHOLEPROP 4'x4'GRATE INLETPROP 4' STORMMANHOLEPROP 5' CURB INLETPROP 4' STORMMANHOLEPROP 18" SDPROP 4'x4'GRATE INLETPROP SDPROP 4" SDPROP 4" SDPROP 4" SDPROP 4'x4'GRATE INLETPROP 4'x4'GRATE INLETPROP 18" SDPROP 4'x4'GRATE INLETPROP 5' CURBINLETPROP 5' CURBINLETPROP 4" SDPROP 4" SDPROP 4" SDPROP 4" SDPROP 4" SDPROP 4" SDPROP 4" SDPROP 4' STORMMANHOLEPROP 4' STORMMANHOLEPROP 4' STORMMANHOLEPROP HEADWALL W/RIP-RAP APRONPROP OUTFALLCONTROL STRUCTUREPROP HEADWALL W/RIP-RAP APRONPROP HEADWALL W/RIP-RAP APRONPROP 18" SDPROP PLUGFOR FUTURECONNECTIONPROP DRAINAGE EASEMENT1.55 ACRESPROP 12" SDPROP 12" SDPROP 12" SDPROP 4" SD727 728724 729 728727 726 727 728 729 728 727 726 725724 726 727 728 729 730 731 732 724 732731731732733733 SP 25-0001SITEPLAN0SCALE:1" = 30'30307.515THIS PLAN TO BE UTILIZED FOR SITELAYOUT PURPOSES ONLYSITESITE DATAZONINGLAND USELOT AREA (SQFT & ACRES)BUILDING FOOTPRINT AREA (SQFT)TOTAL BUILDING AREA (SQFT)BUILDING HEIGHT (# STORIES)BUILDING HEIGHT (FT)LOT COVERAGE (%)PARKING RATIO1 SPACE PER 30 UNITSREQUIRED PARKING (# SPACES)36 SPACESACCESSIBLE PARKING REQUIRED (# SPACES)22GENERAL SITE DATAPARKINGTOTAL PROVIDED PARKING (# SPACES)ACCESSIBLE PARKING PROVIDED (# SPACES)21%40FT3 STORIES134,307 SQFT44,769 SQFT213,034 SQFT / 4.89 ACRESSELF-STORAGEC-2 REGIONAL COMMERCIAL46 SPACESPROPERTY LINELEGENDPROPOSEDEASEMENT LINESETBACK LINECURBDEPRESSED CURBUTILITY POLETYPICAL SIGNPARKING COUNTCONTOURSANITARY LINEWATER LINEELECTRIC LINE190EGOHWSGAS LINEOVERHEAD WIRESTORM SEWERFIRE HYDRANT ASSEMBLYSANITARY MANHOLESTORM MANHOLEC/OWATER VALVEWATER METERGAS VALVETYPICAL END SECTIONENDWALLGRATE INLETCURB INLETCLEANOUTXSDWMGVREMOTE FDCORG. DATE -REVISIONSREVDATECOMMENTDRAWN BYCHECKED BY1/8/2025DISCLAIMER This drawing and/or file has been prepared by Bohler at the request of the Project Owner or his Representative and is being provided solely as a convenience to the recipient. Bohler makes no representation regarding the suitability for the intended use by the recipient. Further, Bohler makes noPROJECT No.:DRAWN BY:CHECKED BY:DATE:CAD I.D.:PROJECT:FORH:\2024\TXA240142.00\CAD\DRAWINGS\PLAN SETS\P-CIVL-SITE-TXA240142.00-0A----->LAYOUT: C-301 SITEMS THIS DRAWING IS INTENDED FOR MUNICIPAL AND/OR AGENCYREVIEW AND APPROVAL. IT IS NOT INTENDED AS A CONSTRUCTIONDOCUMENT UNLESS INDICATED OTHERWISE.SHEET NUMBER:SHEET TITLE:TXA240142.00-0AAAAJJB1/8/2025P-CIVL-SITECONSTRUCTIONDOCUMENTSCLIENTPROPOSEDSELF-STORAGE FACILITYQJR PARTNERSHIP, LTDA TEXAS LIMITED PARTNERSHIPVOLUME 5106, PAGE 2380ALTA/NSPS LAND TITLE SURVEY4.890 TRACT, ABSTRACT NO. 296COLLIN COUNTYANNA, TXALWAYS CALL 811It's fast. It's free. It's the law.ISSUED FOR MUNICIPAL &AGENCY REVIEW & APPROVAL2600 NETWORK BLVD., SUITE 310FRISCO, TX 75034Phone:(469) 458-7300TX@BohlerEng.comTBPE NO. 18065 | TBPLS NO. 10194413TM THE INFORMATION, DESIGN AND CONTENT OF THIS PLAN ARE PROPRIETARY AND SHALL NOT BE COPIED OR USED FOR ANY PURPOSE WITHOUT PRIOR WRITTEN AUTHORIZATION FROM BOHLER. ONLY APPROVED, SIGNED AND SEALED PLANS SHALL BE UTILIZED FOR CONSTRUCTION PURPOSES © SITE CIVIL AND CONSULTING ENGINEERING LAND SURVEYING PROGRAM MANAGEMENT LANDSCAPE ARCHITECTURE SUSTAINABLE DESIGN PERMITTING SERVICES TRANSPORTATION SERVICES BOHLER Jan 21, 2025 PROJECT BENCHMARKSBM #1X-CUT SET ON TOP BACK OF CURB ON THE SOUTHEAST CORNER OFA CONCRETE DRIVE FOR ROSAMOND PARKWAY ROAD, LOCATED ±55 FEET SOUTHWEST OF A SIGN AND ± 30 FEET NORTHWEST OF APOWER POLE.ELEVATION = 739.37 FEETBM #2MAG NAIL SET IN ASPHALT ROAD (COUNTY ROAD 370), LOCATED ±75 FEET NORTHWEST OF A POWER POLE AND ± 50 FEETSOUTHWEST OF A SIGN (ARROW).ELEVATION = 733.12 FEETWESNAD83 NAD83ADA ACCESSIBILITY NOTES:1.ALL HANDICAPPED PARKING SPACES AND ACCESS AISLES ADJACENT TO THE HANDICAP PARKING SPACES SHALLHAVE A MAXIMUM OF 2% SLOPE IN ALL DIRECTIONS (THIS INCLUDES RUNNING SLOPE AND CROSS SLOPE).2.SLOPES EXCEEDING 5% BUT LESS THAN 8% WILL REQUIRE A RAMP AND MUST CONFORM TO THE REQUIREMENTSFOR RAMP DESIGN (HANDRAILS, CURBS, LANDINGS). NO RAMP SHALL EXCEED AN 8% RUNNING SLOPE OR 2%CROSS SLOPE.3.IN THE CASE THAT A NEW SIDEWALK WILL BE CONSTRUCTED IN THE ROW OF A SITE, THE RUNNING SLOPE OFTHE SIDEWALK SHALL NOT EXCEED 5% AND THE CROSS SLOPE SHALL NOT EXCEED 2%. THIS STANDARD APPLIESTO CROSS WALKS IN THE DRIVEWAY AS WELL AND WILL REQUIRE SPECIAL ATTENTION DURING STAKING TO MAKESURE THE 2% CROSS SLOPE IS MET IN THE CROSS WALK.4.IT WILL BE THE RESPONSIBILITY OF THE GENERAL CONTRACTOR TO ENSURE THAT THE HANDICAP PARKINGSPACES, ACCESSIBLE ROUTES, AND SIDEWALKS/CROSSWALKS ARE CONSTRUCTED TO MEET ADAREQUIREMENTS.5.ANY REQUIREMENTS LISTED ABOVE THAT CAN NOT BE MET SHALL BE BROUGHT TO THE ENGINEER’S ATTENTIONIMMEDIATELY. ANYTHING NOT BUILT TO THE ABOVE STANDARDS WILL REQUIRE REMOVAL AND REPLACEMENT OFTHE NON COMPLIANT AREAS AT THE GENERAL CONTRACTORS COST.6.ALL FIRE LANES SHALL BE MARKED BY PAINTED LINES OF RED TRAFFIC PAINT SIX (6) INCHES IN WIDTH TO SHOWTHE BOUNDARIES OF THE FIRE LANE. THE WORDS “NO PARKING FIRE LANE” OR “FIRE LANE NO PARKING” SHALLAPPEAR IN FOUR-INCH (4") WHITE LETTERS AT LEAST THIRTY (30) FEET INTERVALS ON THE RED BORDERMARKINGS ALONG BOTH SIDES OF THE FIRE LANES. WHERE A CURB IS AVAILABLE, THE STRIPPING SHALL BE ONTHE VERTICAL FACE OF THE CURBSITE NOTES:1.ALL CURB RADII ARE 3' UNLESS NOTED OTHERWISE.2.ALL DIMENSIONS ARE SHOWN AT FACE OF CURB, UNLESS OTHERWISE NOTED.3.CONTRACTOR SHALL BE RESPONSIBLE FOR ALL RELOCATIONS, (UNLESS OTHERWISE NOTED ON PLANS) INCLUDING BUT NOTLIMITED TO, UTILITIES, STORM DRAINAGE, SIGNS, TRAFFIC SIGNALS & POLES, ETC. AS REQUIRED. ALL WORK SHALL BE INACCORDANCE WITH GOVERNING AUTHORITIES REQUIREMENTS AND PROJECT SITE WORK SPECIFICATIONS AND SHALL BEAPPROVED BY SUCH. ALL COST SHALL BE INCLUDED IN BASE BID.4.THIS PLAN WAS PREPARED WITH SITE BOUNDARY, TOPOGRAPHY, UTILITY, AND ROAD INFORMATION TAKEN FROM A SURVEYPREPARED BY A LAND SURVEYOR.5.THE PROPERTY AREA IS LOCATED WITHIN AN AREA OF MINIMAL FLOOD HAZARD (ZONE X) BASED ON THE FEDERAL EMERGENCYMANAGEMENT AGENCY (FEMA) FLOOD MAP, NUMBER 48339C0485G, DATED 04/02/2014.6. PROPOSED FIRE LANES SHALL BE CONSTRUCTED TO LOCAL, STATE, AND IFC REQUIREMENTS.US HW Y 7 5 ROSAMOND PKWYCR 370 SITEWESNAD83 NAD83VICINITY MAPN.T.S.CURRENT PROPOERTY OWNER CONTACT INFORMATIONNAME/COMPANY: AREA ANNA LLCADDRESS: 7557 RAMBLER RD STE 970CITY: DALLASSTATE: TEXASEMAIL: RJORDAN@AVIDREA.COMPHONE: 214.379.1043WATER METER SCHEDULEMETER TYPEMETER SIZEQUANTITYDOMESTIC2 INCH1IRRIGATION2 INCH1NOTESPROPOSEDPROPOSEDPSP 25-0002EXHIBIT AB 1 CITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located on the east side of Buddy Hayes Boulevard, 385± feet south of Rosamond Parkway) ORDINANCE NO. ________________ AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY’S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas (“City”) has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City Council received an annexation petition and requested to establish zoning on Property described in Exhibit A (“Property”) and depicted in Exhibit B (“Preliminary Site Plan”) attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located on the east side of Buddy Hayes Boulevard, 385± feet south of Rosamond Parkway, is being zoned to Regional Commercial (C-2) with Specific Use Permit for Self-Storage (Mini-Warehouse); and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna (“City Council”) have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1.Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2.Zoning Change The Anna City Code of Ordinances are hereby amended by establishing the zoning of the Property described in Exhibit A and depicted in Exhibit B to Regional Commercial (C-2) with Specific Use Permit for Self-Storage (Mini-Warehouse) with the additional restrictions as follows: 2 1. Site Shall develop in accordance with the Preliminary Site Plan shown in Exhibit B. 2. Site Shall develop in accordance with the Specific Use Permit standards set forth in Zoning Ordinance Section 9.04.035(b) as follows: (b) Self-storage (mini-warehouse). (1) Access. A. The self-storage (mini-warehouse) shall be secured to limit access to tenants (or owners) and fire, police, or emergency service officials. B. A self-storage (mini-warehouse) shall provide adequate drive aisles between all buildings for vehicle circulation and fire and emergency access. (2) Storage. A. A self-storage (mini-warehouse) unit shall not be used for the storage of explosives, ammunition, hazardous, or flammable materials. B. Self-storage (mini-warehouse) units shall be used solely for the purpose of storage of goods and possessions and shall not be used for the operation of a business, hobby, band rehearsal, or any type of activity not related to the storage of personal property of the owner or tenant of the unit. C. No outdoor storage is permitted in the C-2 zoning district. D. Outdoor storage may be allowed within I-1 zoning district in approved on- site areas for vehicles and recreational equipment if they are covered by an awning or canopy structure. (3) Accessory office. A. The self-storage (mini-warehouse) may include an accessory on-site office. B. An office shall not exceed three thousand (3,000) square feet. Section 3.Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4.Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any 3 of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Section 5.Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6.Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this 25th day of February 2025. ATTESTED: APPROVED: ________________________________ _________________________ Carrie L. Land, City Secretary Pete Cain, Mayor Item No. 7.d. City Council Agenda Staff Report Meeting Date: 2/25/2025 Staff Contact: Stephanie Scott-Sims AGENDA ITEM: Consider/Discuss/Action on a Resolution approving a Service Plan Agreement for municipal services for 1,127.6± acres located on the north and south sides of E. Rosamond Parkway (FM 2862), 980± feet east of N. Leonard Avenue (CR 425) to Planned Development/Agricultural (AG)/Mixed-Use (MU)/Industrial-1 (I-1) in conformance with a Pre-Annexation Development Agreement (Res. No. 2024-12-1716). (ANX 25-0002) (Director of Development Services Stephanie Scott-Sims, AICP) SUMMARY: This item is for the approval of a service plan to provide municipal services, including water, wastewater, police, and fire service for the proposed Sherley Farms Development. The Service Plan Agreement is required by state law prior to approval of annexation. The annexation request is on this agenda. FINANCIAL IMPACT: This item has no financial impact. However, the City is participating in infrastructure costs in accordance with the Pre-Annexation Development Agreement approved in Resolution No. 2024-12-1716. Annexation of the property will make it subject to City of Anna property taxes. Properties located in the Extraterritorial Jurisdiction (ETJ) are not taxed by the City. BACKGROUND: The developer is seeking to develop the property in accordance with the companion item in this agenda, which is a zoning request and annexation request. The project was also a part of a Pre-Annexation Development Agreement, which was approved in December 2024 under Resolution Number 2024-12-1716. This is a required component of the annexation process for the proposed development. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Locator Map - Sherley Farms (ANX 25-0002) 2. Resolution Service Plan Agreement - Sherley Farms (ANX 25-0002) 3. Exhibit A -Service Plan Agreement - Sherley Farms (ANX 25-0002) 4. Legal Description - Sherley Farms (ANX 25-0002) 5. ALTA Survey - Sherley Farms (ANX 25-0002) COUNTYROAD 376COUNTYROAD 426COUNTY R OAD 429 D A I RYL N COUNTY ROAD 418HAVENWAYW FOSTER CROSSING RD COUNTY ROAD 1106COUNTYROAD 377 LI L I A NA LN COUNTYROAD 1 0 36 KELLYCOOKRD SPOWELLPKWYPRIVATEROAD 5762W ROSAMOND PKWY LEONARDAVEACACIADR HONEYWELL DR CHATSWORTH DR MIMOSADRCOUNTYROAD419E ROSAMOND PKWY COUNTYROAD 477 CEDARCREEKDRSANDALWOODLNCOUNTY ROAD 373 SHARP STWINDHAMDRE L AMDRSHEFFIELDDRPAR K AVE SLATERCREEK RDLAZY LNNRIGGINS STCHERRYBLOSSOM S T E FM 455 M IL L R D MAGNOLIAST W E STOVERLNRANCHVIEWDRSUNBEAM CV PENN ST ABIGAILLNPARK ST BUTCHCASSIDYDRC O L LIN ST NO E LLRD MAVE R I CK ST W FINLEY BLVDCEDARVIEWCOUNTY ROAD 371 E THIRD ST STOCKYARD PL STONETRAIL CIRROADRUNNERRD NECTARRDWHITEROCK TRL GARDENDALE HOLLOW LNGRANDVIEWAVEPORTINADRINDIAN CREEK ELIZABETH ST BRY N L E E JA M E S L N YUCCA STRENATO DR S A N D PIPERLANE SEANSTA CEV E S C T COUNTYROAD475P UR D U ERDBONNIE CT NPOWELL PKWYD UCKL AKELOOPTARTANEDRCHISWELLRDBIR DSONGTRLADELYN S T E OUTER LOOP RDTHAYNEDRATWOODDR COUNTYR OAD 479 KADYNCELNCOUNTYROAD 425COUNTYROAD830BOWENSTKYLESTDAVID DR HIGH BERRYDRCHARLESTON DR S RIGGINSSTSAGE ST BUFFALOBILL DR W SECOND ST BROOKLYN D RWES T CROSSINGBLVD N MILLSDRCALDER CT VAILLNS SHERLEY AVEE WHITE ST BRIARCOVERD COUNTY ROAD 424 E FOSTER CROSSING RD G L E NWOOD LN S EASTONDRW WHITE ST GRASSHOPPER LN FM 2862 NATHAN LNHAZELSWAY LA PA L O M A D R E FINLEY BLVD ZION RD W ILD RO S ELNCYDNEY LNHIGHLANDRDGRAYSONCO RD80CARLYLE ST HEARN LN MEADOW RIDGE DR WINDI N G OAK S T R L FM 3133 COUNTY ROAD 4 2 7 OAKBENTCREEK DR B ROOK DR L UP TON S T B UTLER ST E S IXTH STN STATE H IGHWAY 5 KEITH LN COUNTY ROAD 474 T U RTLE C R EEKLN MIRACL EL NCOUNTYROAD 482SAM RAYB U RN ME M O RIAL H WYCOUNTYROAD47 8 BROOK LN FERN STBRYANTFARM RDCOUNTYROAD 423 LA GUNADRSPORTSMAN LN COUNTY ROAD 4 7 2WILDWOODTRLCOLD SP R IN G S R D COUNTY ROAD 481East ForkTri nit y Ri v er121 5 Van Alstyne 75 SH 121 SH 5 Subject Property City Limits ETJ ¯ 0 3,000 6,0001,500 Feet January 2025 Sherley Farms Annexation (ANX 25-0002) Inset Map City of Anna, Texas Resolution No. ____________ Page 1 of 2 CITY OF ANNA, TEXAS RESOLUTION NO. ___________ A RESOLUTION ADOPTING A CONDITIONAL AGREEMENT REGARDING SERVICES RELATED TO ANNEXATION OF A 1,127.6± ACRE TRACT OF LAND WHEREAS, Chapter 43 of the Texas Local Government Code authorizes the annexation of territory, subject to the laws of this state; and WHEREAS, the City of Anna, Texas (the “City”) is a Texas home-rule municipality; and WHEREAS, Section 43.0671 of the Texas Local Government Code authorizes a municipality to extend the boundaries of the municipality and annex areas by request of the owner(s) of the areas; and WHEREAS, on or about January 8, 2025, the respective owners submitted a written request to the City for annexation of a tract of land into the corporate limits of the City (the “Annexation Tract”); and WHEREAS, the Annexation Tract is a 1,127.6± acre tract of land situated in the G. Morrison Survey, Abstract No. 559, the S. Moore Survey, Abstract No. 625, the J. Fisher Survey, Abstract No. 305, and the J. Farris Survey, Abstract No. 330, Collin County, Texas, and being part of Tracts 1.1, 1.2, 1.3, 1.4, all of Tract 1.6, recorded in Volume 4466, Page 153, Deed Records, Collin County, Texas (DRCCT), and part of Tracts 1.1, 1.2, 1.3, and 1.4, recorded in Volume 4466, Page 201, Deed Records, Collin County, Texas, and all of Tract 1.2, recorded in Volume 4466, Page 201, Deed Records, Collin County, Texas, and being part of Tract 1.7, recorded in Volume 4466, Page 153, Deed Records, Collin County, Texas, and part of Tracts 1.5 and 1.6, recorded in Volume 4466, Page 183, Deed Records, Collin County, Texas, and all of Tract 1.1, recorded in Volume 4466, Page 201, Deed Records, Collin County, Texas; and WHEREAS, the owners of the Annexation Tract have executed a conditional written agreement regarding municipal services to be provided by the City in accordance with Texas Local Government Code § 43.0672 (the “Conditional Agreement”) and said agreement is as set forth in EXHIBIT A, attached hereto; and WHEREAS, the Conditional Agreement is conditioned on the City of Anna City Council (the “City Council”) adopting an ordinance annexing the Annexation Tract described above on or before the 25th day of February 2025 and if the City Council does not adopt such ordinances on or before said date then the Conditional Agreement shall be null and void in its entirety; and WHEREAS, the City desires to adopt and enter into the Conditional Agreement; provided, however, that the Conditional Agreement shall not require the City Council to annex the Annexation Tract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF ANNA, TEXAS: City of Anna, Texas Resolution No. ____________ Page 2 of 2 SECTION 1. The recitals set forth above are hereby incorporated in this resolution as if set forth in full for all purposes. SECTION 2. The City Council hereby approves and enters into the Conditional Agreement and authorizes the City Manager to execute said agreement on behalf of the City. SECTION 3. This resolution shall become effective immediately upon the date and time of its adoption and it is accordingly so resolved. PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THIS THE 25TH DAY OF FEBRUARY 2025. CITY OF ANNA, TEXAS ___________________________________ PETE CAIN MAYOR ATTEST: _______________________________________ CARRIE L. LAND CITY SECRETARY Page 1 of 5 AGREEMENT REGARDING SERVICES This Agreement Regarding Services (this “Agreement” or “Service Plan”) is entered into this 25th day of February 2025 by and between Sherley Partners, Ltd and the City of Anna, Texas a home rule municipality. SUBJECT PROPERTY The real property that is the subject of this Service Plan is described as follows: Sherley Farms. 1,127.6± acres on the north and south sides of E. Rosamond Parkway (FM 2862), 980± feet east of N. Leonard Avenue (CR 425). AGREEMENT CONDITIONED ON ANNEXATION This Agreement is conditioned on the City of Anna City Council adopting an ordinance annexing the Subject Property described above. Nothing in this Agreement shall require the City Council to annex the Subject Property. POLICE PROTECTION On the effective date of annexation, the City of Anna, Texas and its Police Department will provide police protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. FIRE PROTECTION On the effective date of annexation, the City of Anna, Texas and its Fire Department will provide fire protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. EMERGENCY MEDICAL SERVICES On the effective date of annexation, the City of Anna, Texas will provide emergency medical services to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. Page 2 of 5 SOLID WASTE COLLECTION On the effective date of annexation, the City of Anna, Texas, through its contract with CARDS Dallas, Inc. or another service provider, will provide solid waste collection to residents and businesses in the newly annexed area (to the extent that the service provider has access to the area to be serviced) at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. Such service will be provided in accordance with existing City policies and Ordinances, and only upon payment of any required deposits and the agreement to pay lawful service fees and charges for solid waste collection. Solid waste collection through a subscription with the City’s solid waste franchisee is mandatory for City of Anna residents and businesses operating within the city limits unless provided for otherwise by ordinance. WATER AND WASTEWATER FACILITIES On the effective date of annexation, any and all water or wastewater facilities owned by the City of Anna, Texas at the time of annexation shall be maintained and operated by the City of Anna, Texas. Of such facilities, the City will maintain the main water transmission and wastewater collection lines. All water and wastewater service lines from the building to the easement or right-of-way line, shall be maintained by the property owner served by the service connection. Residents and owners of property in newly annexed areas that are located within the City’s water or wastewater CCN will be offered water and wastewater service in accordance with City policies and ordinances in existence at the time of annexation or as may be amended from time-to-time by the City Council. Generally, these ordinances state that the landowner or customer must bear the cost of construction of water and wastewater system facilities to a point where suitable connection to the existing system can be made and service to the customer can be provided. All water and wastewater facilities designed to connect to the City’s existing system must be approved by the City and meet all City zoning, subdivision, and other development ordinances and requirements. ROADS AND STREETS On the effective date of annexation, any and all existing public roads or streets in the newly annexed area which have been dedicated to Collin County, Texas or to the City of Anna, Texas, or which are owned by the City of Anna, Texas shall be maintained to the same degree and extent that other roads and streets are maintained in areas of the City with similar topography land use and population density. Specific maintenance activities are determined by available funding and the need for maintenance as determined by the City. The City is not obligated to maintain any portion of a private road or street. Any and all lighting of roads and streets which may be positioned in a public right of way, roadway or utility company easement shall be maintained by the applicable utility company Page 3 of 5 servicing that area of the City of Anna, Texas pursuant to the rules regulations and fees of such utility. An owner of land within the newly annexed area that desires to develop said property will be required pursuant to the ordinances of the City of Anna, Texas to provide internal and peripheral streets and to construct those streets in accordance with the specifications required by the City of Anna, Texas. PARKS PLAYGROUNDS AND SWIMMING POOLS OR ANY OTHER PUBLICLY OWNED FACILITY BUILDING OR SERVICE The City Council of the City of Anna, Texas is not aware of the existence of any public parks, public playgrounds, public swimming pools, or any other publicly owned facility, building or service now located in the area proposed for annexation. In the event any such parks, playgrounds, swimming pools, or any other public facilities, buildings or services do exist and are public facilities, the City of Anna, Texas will maintain such areas upon annexation to the same extent and degree that it maintains public parks, public playgrounds, public swimming pools, other public facilities buildings or services and other similar areas of the City now incorporated in the City of Anna, Texas. To the extent that it becomes necessary because of development demands population growth or a bona fide need, the City Council of the City of Anna, Texas will undertake to provide any such facility which it deems necessary to adequately provide for the health and safety of the citizens of the newly incorporated area based upon the standard considerations of topography, land use and population density. OTHER MUNICIPAL SERVICES Following annexation by the City of Anna, Texas, the City will provide code enforcement, planning, and animal control services to the newly annexed area, to the extent such services are funded in the annual budget and provided by the City within its full-purpose boundaries. In addition, the City will provide other municipal services that the City may from time to time provide to other similarly situated areas within the City’s corporate limits. The services referenced in this paragraph will be provided to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. CONSTRUCTION OF CAPITAL IMPROVEMENTS The City Council of the City of Anna, Texas finds and determines it may be necessary to acquire or construct specific capital improvements for the purposes of providing full municipal services to the newly annexed area. These capital improvements shall be constructed as part of the development of the property and may be eligible for impact fee reimbursement. Subject to the foregoing, the City Council finds and determines that it has Page 4 of 5 at the present time adequate facilities to provide the same type, kind and level of service which exists in and is presently being administered to other areas already incorporated in the City of Anna, Texas with the same or similar topography, land use and population density. SPECIFIC FINDINGS The City Council of the City of Anna, Texas finds and determines that this Service Plan will not provide any fewer services and it will not provide a lower level of service in the area proposed to be annexed than were in existence in the proposed area at the time immediately preceding the annexation process. Furthermore, the City Council of the City of Anna, Texas finds and determines that the rural nature of the area is characteristically different from other more highly developed areas within the corporate limits of the City of Anna, Texas. Consequently because of the differing characteristics of topography, land use, and population density the service levels which may ultimately be provided in the newly annexed area may differ somewhat from services provided in other areas of the City of Anna, Texas. These differences are specifically dictated because of differing characteristics of the property. The City of Anna, Texas will undertake to perform consistent with this contract so as to provide this newly annexed area with the same type, kind and quality of service presently enjoyed by the citizens of the City of Anna, Texas who reside in areas of similar topography, land use and population density. AMENDMENTS This Service Plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this Service Plan unworkable or obsolete. The City Council may amend the Service Plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. Page 5 of 5 Owner: Sherley Partners, Ltd, a Texas Domestic Limited Partnership By: Sherley Partners, Ltd, a Texas Domestic Limited Partnership Its President By: ____________________________ Name: Tasha Escoto Title: Partner STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of ________________, 2025 by Tasha Escoto as Partner of Sherley Partners, Ltd, on behalf of said company. _____________________________ Notary Public, State of Texas City of Anna: By: Name: Ryan Henderson Title: City Manager IN WITNESS WHEROF: STATE OF TEXAS § § COUNTY OF COLLIN § This instrument was acknowledged before me on the ___ day of ________, 2024, by Ryan Henderson as representative of the City of Anna. Notary Public, State of Texas [SEAL] Item No. 7.e. City Council Agenda Staff Report Meeting Date: 2/25/2025 Staff Contact: Stephanie Scott-Sims AGENDA ITEM: Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance regarding a request to annex 1,127.6± acres located on the north and south sides of E. Rosamond Parkway (F.M. 2862), 980± feet east of N. Leonard Avenue (CR 425) in conformance with a Pre-Annexation Development Agreement (Res. No. 2024-12-1716). (ANX 25- 0002) (Director of Development Services Stephanie Scott-Sims, AICP) SUMMARY: Tellus Group, LLC, has submitted a petition to annex 1,127.6± acres of land. This item is for City Council to consider approval of the annexation. A zoning request is also on this agenda. FINANCIAL IMPACT: Annexation of the property will make it subject to City of Anna property taxes. Properties located in the Extraterritorial Jurisdiction (ETJ) are not taxed by the City. BACKGROUND: History: Resolution No. 2024-12-1716: City Council approved a resolution entering into a development agreement with Tellus Texas III, LLC and Sherley Partners, LTD for a mixed-use development on December 17, 2024. Case Overview: The applicant is requesting to annex and zone 1,127.6± acres for a mixed use planned development. The proposed development will include five zones of development. See Exhibit C-Illustrative Layout. Zone I will contain a maximum of 3,030 single-family dwelling units that could contain a mix of residential types. Zone II is the multi-family flex type, with the ability to include a maximum of 160 single-family dwelling units and/or a maximum of 200 multi-family dwelling units. Per the approved Development Agreement, the applicant can convert between single-family and multi-family units as desired. Zones IV(A), (B), and (C) are multi-use tracts, and may contain a mix of multi-family, commercial, light industrial, and agricultural uses. Zone IV is included in the annexation and zoning request but will be developed by another developer. Lastly, Zone V will contain a working farm, and commercial uses related to the farm use. Zone V is an integral part of the residential development. The annexation request does not require review and recommendation by the Planning & Zoning Commission and will be reviewed and acted on by the City Council. However, the zoning request requires a review and recommendation by Planning & Zoning Commission to the City Council. Direction Land Use Zoning Comprehensive Plan Designation North Single Family Rural Residential, and Vacant Land Agricultural, Single- Family Residential – Large Lot, and Extraterritorial Jurisdiction (ETJ), Two- Family (TF), Single- Family Residential-7.2 Ranching and Agriculture East Ranching and Agriculture and Vacant Land Extraterritorial Jurisdiction (ETJ) Ranching and Agriculture South Single Family Rural Residential, Vacant Land Planned Development- Commercial, Single- Family Residential – Large Lot (SF-E), Planned Development – Residential, Extraterritorial Jurisdiction (ETJ) Suburban Living West Ranching and Agriculture, Cluster Residential, Park and School Extraterritorial Jurisdiction (ETJ), Agriculture (AG), Single- Family Residential – Large Lot (SF-E) Ranching and Agriculture, Schools Compatibility Considerations: Future Land Use Plan: The Future Land Use Plan designates this property as Ranching and Agriculture. The proposed development provides a mix of residential, agricultural farm amenities, and commercial uses, with a range of lot sizes, housing types, green spaces throughout and trail connections to Geer Park and existing infrastructure. This development advances the Placemaking Policies set forth in the Comprehensive Plan that state the City will work with developers to create unique destinations. Thoroughfare Plan: The proposed Roadway and Thoroughfare Improvement Plans are depicted in Exhibit H of the approved Development Agreement (Resolution No. 2024- 12-1716). The proposed development meets the City’s Thoroughfare Plan. Access: The proposed development is accessed from three entrances on Rosamond Parkway (FM 2862) on the north, FM 455 (White Street) on the south, and County Road 424 on the east and County Road 425 (Future N. Leonard Avenue) on the west. Utilities: The proposed utility plan is depicted in Exhibits F-G of the approved Development Agreement (Resolution No. 2024-12-1716). The applicant will be required to construct water main extensions along Rosamond Parkway (FM 2862) and FM 455 (White Street) to connect to the City of Anna’s public water system. Future phases will include the extension of an additional water main along future N. Leonard Avenue. The applicant will be constructing a sewer lift station in the southeast portion of the development to collect sanitary sewer. The sewer will then flow through a force main to the west, connecting into the Slayter Creek trunk sewer main. Schools: Rosamond Sherley Elementary School is located at the northwest corner of the site. The applicant is working with Anna ISD on the dedication of a site just south of Rosamond Sherley Elementary School for a middle school. Additionally, Anna ISD has expressed interest in purchasing property within the development for an elementary school site. The applicant is working with Anna ISD on determining the exact location for the elementary school. Parks and Public Trails: The proposed Trail and Open Space Improvements are depicted in Exhibit J of the approved Development Agreement (Resolution No. 2024-12- 1716). A system of 6-foot-wide Neighborhood Trails internal to the development will connect to a larger 10-foot-wide Roadside Trail along future N. Leonard Avenue on the west side of the development and an 8-foot-wide Community Trail along a future spine road on the east side of the development. A 12-foot-wide Regional Trail will bisect the development, running north and south and making a westerly connection to Geer Park. Two 10-foot wide Roadside Trails will run parallel along Rosamond Parkway and throughout the site. A 10-foot wide Roadside Trail will run along FM 455 (White Street). STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Locator Map - Sherley Farms (ANX 25-0002) 2. Annexation Ordinance - Sherley Farms (ANX 25-0002) 3. Exhibit A - Legal Description - Sherley Farms (ANX 25-0002) 4. Service Plan Agreement - Sherley Farms (ANX 25-0002) COUNTYROAD 376COUNTYROAD 426COUNTY R OAD 429 D A I RYL N COUNTY ROAD 418HAVENWAYW FOSTER CROSSING RD COUNTY ROAD 1106COUNTYROAD 377 LI L I A NA LN COUNTYROAD 1 0 36 KELLYCOOKRD SPOWELLPKWYPRIVATEROAD 5762W ROSAMOND PKWY LEONARDAVEACACIADR HONEYWELL DR CHATSWORTH DR MIMOSADRCOUNTYROAD419E ROSAMOND PKWY COUNTYROAD 477 CEDARCREEKDRSANDALWOODLNCOUNTY ROAD 373 SHARP STWINDHAMDRE L AMDRSHEFFIELDDRPAR K AVE SLATERCREEK RDLAZY LNNRIGGINS STCHERRYBLOSSOM S T E FM 455 M IL L R D MAGNOLIAST W E STOVERLNRANCHVIEWDRSUNBEAM CV PENN ST ABIGAILLNPARK ST BUTCHCASSIDYDRC O L LIN ST NO E LLRD MAVE R I CK ST W FINLEY BLVDCEDARVIEWCOUNTY ROAD 371 E THIRD ST STOCKYARD PL STONETRAIL CIRROADRUNNERRD NECTARRDWHITEROCK TRL GARDENDALE HOLLOW LNGRANDVIEWAVEPORTINADRINDIAN CREEK ELIZABETH ST BRY N L E E JA M E S L N YUCCA STRENATO DR S A N D PIPERLANE SEANSTA CEV E S C T COUNTYROAD475P UR D U ERDBONNIE CT NPOWELL PKWYD UCKL AKELOOPTARTANEDRCHISWELLRDBIR DSONGTRLADELYN S T E OUTER LOOP RDTHAYNEDRATWOODDR COUNTYR OAD 479 KADYNCELNCOUNTYROAD 425COUNTYROAD830BOWENSTKYLESTDAVID DR HIGH BERRYDRCHARLESTON DR S RIGGINSSTSAGE ST BUFFALOBILL DR W SECOND ST BROOKLYN D RWES T CROSSINGBLVD N MILLSDRCALDER CT VAILLNS SHERLEY AVEE WHITE ST BRIARCOVERD COUNTY ROAD 424 E FOSTER CROSSING RD G L E NWOOD LN S EASTONDRW WHITE ST GRASSHOPPER LN FM 2862 NATHAN LNHAZELSWAY LA PA L O M A D R E FINLEY BLVD ZION RD W ILD RO S ELNCYDNEY LNHIGHLANDRDGRAYSONCO RD80CARLYLE ST HEARN LN MEADOW RIDGE DR WINDI N G OAK S T R L FM 3133 COUNTY ROAD 4 2 7 OAKBENTCREEK DR B ROOK DR L UP TON S T B UTLER ST E S IXTH STN STATE H IGHWAY 5 KEITH LN COUNTY ROAD 474 T U RTLE C R EEKLN MIRACL EL NCOUNTYROAD 482SAM RAYB U RN ME M O RIAL H WYCOUNTYROAD47 8 BROOK LN FERN STBRYANTFARM RDCOUNTYROAD 423 LA GUNADRSPORTSMAN LN COUNTY ROAD 4 7 2WILDWOODTRLCOLD SP R IN G S R D COUNTY ROAD 481East ForkTri nit y Ri v er121 5 Van Alstyne 75 SH 121 SH 5 Subject Property City Limits ETJ ¯ 0 3,000 6,0001,500 Feet January 2025 Sherley Farms Annexation (ANX 25-0002) Inset Map City of Anna, Texas Ordinance No. ____________ Page 1 of 3 CITY OF ANNA, TEXAS ORDINANCE NO. _____________________ AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF ANNA, COLLIN COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID MUNICIPALITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN SAID MUNICIPAL CORPORATE LIMITS AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY AS SET FORTH HEREIN; PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 43 of the Texas Local Government Code authorizes the annexation of territory, subject to the laws of this state; and WHEREAS, the City of Anna, Texas (the “City”) is a Texas home-rule municipality; and WHEREAS, Section 43.0671 of the Texas Local Government Code authorizes a municipality to extend the boundaries of the municipality and annex areas by request of the owner(s) of the areas; and WHEREAS, the procedures prescribed by the Texas Local Government Code and the laws of this state have been duly followed with respect to the City’s annexation of following described territory, to wit: a 1,127.6± acre tract of land situated in the G. Morrison Survey, Abstract No. 559, the S. Moore Survey, Abstract No. 625, the J. Fisher Survey, Abstract No. 305, and the J. Farris Survey, Abstract No. 330, Collin County, Texas, and being part of Tracts 1.1, 1.2, 1.3, 1.4, all of Tract 1.6, recorded in Volume 4466, Page 153, Deed Records, Collin County, Texas (DRCCT), and part of Tracts 1.1, 1.2, 1.3, and 1.4, recorded in Volume 4466, Page 201, Deed Records, Collin County, Texas, and all of Tract 1.2, recorded in Volume 4466, Page 201, Deed Records, Collin County, Texas, and being part of Tract 1.7, recorded in Volume 4466, Page 153, Deed Records, Collin County, Texas, and part of Tracts 1.5 and 1.6, recorded in Volume 4466, Page 183, Deed Records, Collin County, Texas, and all of Tract 1.1, recorded in Volume 4466, Page 201, Deed Records, Collin County, Texas; and WHEREAS, the land being annexed under this ordinance (the “Annexation Tract”) is described and depicted more specifically in EXHIBIT A, attached hereto; and WHEREAS, the Annexation Tract is wholly located with the City’s extraterritorial jurisdiction; and WHEREAS, on or about January 8, 2024, the respective owner of the Annexation Tract submitted a written request to the City for annexation of said tract into the corporate limits of the City and the City and said owners have entered into a written agreement regarding municipal services to be City of Anna, Texas Ordinance No. ____________ Page 2 of 3 provided by the City in accordance with Texas Local Government Code § 43.0672 and said written agreement is as set forth in EXHIBIT B, attached hereto; and WHEREAS, the City timely published notice and held a public hearing on this annexation at a duly noticed public meeting in accordance with the laws of this state; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1. The recitals set forth above are hereby incorporated in this ordinance as if set forth in full for all purposes. SECTION 2. The Annexation Tract is hereby annexed into the corporate boundary limits of the City of Anna, Collin County, Texas, and that said corporate boundary limits of the City of Anna be and the same are hereby extended to include the above described territory within the corporate limits of the City, and the same shall hereafter be included within the territorial limits of the City, and the inhabitants thereof shall hereafter as set forth be entitled to all the rights and privileges of other similarly situated citizens of the City of Anna and they shall be bound by the acts, ordinances, resolutions, regulations and all other legal acts of said city. SECTION 3. The official map and boundaries of the City of Anna are hereby amended and revised so as to include the area annexed, and to reflect the expansion of the City's extraterritorial jurisdiction resulting from such annexation and the City Manager is directed to take all actions necessary to make said changes to the official boundary map of the City. SECTION 4. The City Secretary is hereby directed to file a certified copy of this ordinance and the amended official boundary map referenced in Section 3 with the with the County Clerk of Collin, Texas and the Texas Comptroller’s Office. SECTION 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance be severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, and the remainder of this ordinance shall be enforced as written. SECTION 6. All ordinances and parts thereof in conflict herewith are hereby expressly repealed insofar as they conflict herewith. SECTION 7.This ordinance shall become effective immediately upon the date and time of its adoption and it is accordingly so ordained. City of Anna, Texas Ordinance No. ____________ Page 3 of 3 PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THIS THE 25TH DAY OF FEBRUARY 2025. CITY OF ANNA, TEXAS ___________________________________ PETE CAIN, MAYOR ATTEST: _______________________________________ CARRIE L. LAND, CITY SECRETARY Page 1 of 5 AGREEMENT REGARDING SERVICES This Agreement Regarding Services (this “Agreement” or “Service Plan”) is entered into this 25th day of February 2025 by and between Sherley Partners, Ltd and the City of Anna, Texas a home rule municipality. SUBJECT PROPERTY The real property that is the subject of this Service Plan is described as follows: Sherley Farms. 1,127.6± acres on the north and south sides of E. Rosamond Parkway (FM 2862), 980± feet east of N. Leonard Avenue (CR 425). AGREEMENT CONDITIONED ON ANNEXATION This Agreement is conditioned on the City of Anna City Council adopting an ordinance annexing the Subject Property described above. Nothing in this Agreement shall require the City Council to annex the Subject Property. POLICE PROTECTION On the effective date of annexation, the City of Anna, Texas and its Police Department will provide police protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. FIRE PROTECTION On the effective date of annexation, the City of Anna, Texas and its Fire Department will provide fire protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. EMERGENCY MEDICAL SERVICES On the effective date of annexation, the City of Anna, Texas will provide emergency medical services to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. Page 2 of 5 SOLID WASTE COLLECTION On the effective date of annexation, the City of Anna, Texas, through its contract with CARDS Dallas, Inc. or another service provider, will provide solid waste collection to residents and businesses in the newly annexed area (to the extent that the service provider has access to the area to be serviced) at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. Such service will be provided in accordance with existing City policies and Ordinances, and only upon payment of any required deposits and the agreement to pay lawful service fees and charges for solid waste collection. Solid waste collection through a subscription with the City’s solid waste franchisee is mandatory for City of Anna residents and businesses operating within the city limits unless provided for otherwise by ordinance. WATER AND WASTEWATER FACILITIES On the effective date of annexation, any and all water or wastewater facilities owned by the City of Anna, Texas at the time of annexation shall be maintained and operated by the City of Anna, Texas. Of such facilities, the City will maintain the main water transmission and wastewater collection lines. All water and wastewater service lines from the building to the easement or right-of-way line, shall be maintained by the property owner served by the service connection. Residents and owners of property in newly annexed areas that are located within the City’s water or wastewater CCN will be offered water and wastewater service in accordance with City policies and ordinances in existence at the time of annexation or as may be amended from time-to-time by the City Council. Generally, these ordinances state that the landowner or customer must bear the cost of construction of water and wastewater system facilities to a point where suitable connection to the existing system can be made and service to the customer can be provided. All water and wastewater facilities designed to connect to the City’s existing system must be approved by the City and meet all City zoning, subdivision, and other development ordinances and requirements. ROADS AND STREETS On the effective date of annexation, any and all existing public roads or streets in the newly annexed area which have been dedicated to Collin County, Texas or to the City of Anna, Texas, or which are owned by the City of Anna, Texas shall be maintained to the same degree and extent that other roads and streets are maintained in areas of the City with similar topography land use and population density. Specific maintenance activities are determined by available funding and the need for maintenance as determined by the City. The City is not obligated to maintain any portion of a private road or street. Any and all lighting of roads and streets which may be positioned in a public right of way, roadway or utility company easement shall be maintained by the applicable utility company Page 3 of 5 servicing that area of the City of Anna, Texas pursuant to the rules regulations and fees of such utility. An owner of land within the newly annexed area that desires to develop said property will be required pursuant to the ordinances of the City of Anna, Texas to provide internal and peripheral streets and to construct those streets in accordance with the specifications required by the City of Anna, Texas. PARKS PLAYGROUNDS AND SWIMMING POOLS OR ANY OTHER PUBLICLY OWNED FACILITY BUILDING OR SERVICE The City Council of the City of Anna, Texas is not aware of the existence of any public parks, public playgrounds, public swimming pools, or any other publicly owned facility, building or service now located in the area proposed for annexation. In the event any such parks, playgrounds, swimming pools, or any other public facilities, buildings or services do exist and are public facilities, the City of Anna, Texas will maintain such areas upon annexation to the same extent and degree that it maintains public parks, public playgrounds, public swimming pools, other public facilities buildings or services and other similar areas of the City now incorporated in the City of Anna, Texas. To the extent that it becomes necessary because of development demands population growth or a bona fide need, the City Council of the City of Anna, Texas will undertake to provide any such facility which it deems necessary to adequately provide for the health and safety of the citizens of the newly incorporated area based upon the standard considerations of topography, land use and population density. OTHER MUNICIPAL SERVICES Following annexation by the City of Anna, Texas, the City will provide code enforcement, planning, and animal control services to the newly annexed area, to the extent such services are funded in the annual budget and provided by the City within its full-purpose boundaries. In addition, the City will provide other municipal services that the City may from time to time provide to other similarly situated areas within the City’s corporate limits. The services referenced in this paragraph will be provided to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. CONSTRUCTION OF CAPITAL IMPROVEMENTS The City Council of the City of Anna, Texas finds and determines it may be necessary to acquire or construct specific capital improvements for the purposes of providing full municipal services to the newly annexed area. These capital improvements shall be constructed as part of the development of the property and may be eligible for impact fee reimbursement. Subject to the foregoing, the City Council finds and determines that it has Page 4 of 5 at the present time adequate facilities to provide the same type, kind and level of service which exists in and is presently being administered to other areas already incorporated in the City of Anna, Texas with the same or similar topography, land use and population density. SPECIFIC FINDINGS The City Council of the City of Anna, Texas finds and determines that this Service Plan will not provide any fewer services and it will not provide a lower level of service in the area proposed to be annexed than were in existence in the proposed area at the time immediately preceding the annexation process. Furthermore, the City Council of the City of Anna, Texas finds and determines that the rural nature of the area is characteristically different from other more highly developed areas within the corporate limits of the City of Anna, Texas. Consequently because of the differing characteristics of topography, land use, and population density the service levels which may ultimately be provided in the newly annexed area may differ somewhat from services provided in other areas of the City of Anna, Texas. These differences are specifically dictated because of differing characteristics of the property. The City of Anna, Texas will undertake to perform consistent with this contract so as to provide this newly annexed area with the same type, kind and quality of service presently enjoyed by the citizens of the City of Anna, Texas who reside in areas of similar topography, land use and population density. AMENDMENTS This Service Plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this Service Plan unworkable or obsolete. The City Council may amend the Service Plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. Page 5 of 5 Owner: Sherley Partners, Ltd, a Texas Domestic Limited Partnership By: Sherley Partners, Ltd, a Texas Domestic Limited Partnership Its President By: ____________________________ Name: Tasha Escoto Title: Partner STATE OF TEXAS § § COUNTY OF DALLAS § This instrument was acknowledged before me on the _____ day of ________________, 2025 by Tasha Escoto as Partner of Sherley Partners, Ltd, on behalf of said company. _____________________________ Notary Public, State of Texas City of Anna: By: Name: Ryan Henderson Title: City Manager IN WITNESS WHEROF: STATE OF TEXAS § § COUNTY OF COLLIN § This instrument was acknowledged before me on the ___ day of ________, 2024, by Ryan Henderson as representative of the City of Anna. Notary Public, State of Texas [SEAL] Item No. 7.f. City Council Agenda Staff Report Meeting Date: 2/25/2025 Staff Contact: Stephanie Scott-Sims AGENDA ITEM: Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance regarding a request to zone 1,127.6± acres located on the north and south sides of E. Rosamond Parkway (FM 2862), 980± feet east of N. Leonard Avenue (CR 425) to Planned Development/Agricultural (AG)/Mixed-Use (MU)/Industrial-1 (I-1) in conformance with a Pre-Annexation Development Agreement (Res. No. 2024-12-1716). (PD 25-0001) (Director of Development Services Stephanie Scott-Sims, AICP) SUMMARY: The applicant is requesting to annex and zone 1,127.6± acres for a mixed use planned development. The proposed development will include five zones of development. See Exhibit B-Illustrative Layout. Zone I will contain a maximum of 3,030 single-family dwelling units that could contain a mix of residential types. Zone II is the multi-family flex type, with the ability to include a maximum of 160 single-family dwelling units and/or a maximum of 200 multi-family dwelling units. Per the approved Development Agreement, the applicant can convert between single-family and multi-family units as desired. Zones IV(A), (B), and (C) are multi-use tracts, and may contain a mix of multi-family, commercial, light industrial, and agricultural uses. Zone IV is included in the annexation and zoning request but will be developed by another developer. Lastly, Zone V will contain a working farm, and commercial uses related to the farm use. Zone V is an integral part of the residential development. At its February 3, 2025, meeting, the Planning & Zoning Commission recommended approval (7-0) subject to approval of the associated annexation. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: History: Resolution No. 2024-12-1716: City Council approved a resolution entering into a development agreement with Tellus Texas III, LLC and Sherley Partners, LTD for a mixed-use development on December 17, 2024. Case Overview: The applicant is requesting to annex and zone 1,127.6± acres for a mixed-use planned development. The proposed development will include five zones of development. See Exhibit B-Illustrative Layout. Zone I will contain a maximum of 3,030 single-family dwelling units that could contain a mix of residential types. Zone II is the multi-family flex type, with the ability to include a maximum of 160 single-family dwelling units and/or a maximum of 200 multi-family dwelling units. Per the approved Development Agreement, the applicant can convert between single-family and multi-family units as desired. Zones IV(A), (B), and (C) are multi-use tracts, and may contain a mix of multi-family, commercial, light industrial, and agricultural uses. Zone IV is included in the annexation and zoning request but will be developed by another developer. Lastly, Zone V will contain a working farm, and commercial uses related to the farm use. Zone V is an integral part of the residential development. The annexation request does not require review and recommendation by the Planning & Zoning Commission and will be reviewed and acted on by the City Council. However, the zoning request requires a review and recommendation by the Planning & Zoning Commission to the City Council. Direction Land Use Zoning Comprehensive Plan Designation North Single Family Rural Residential, and Vacant Land Agricultural, Single- Family Residential – Large Lot, and Extraterritorial Jurisdiction (ETJ), Two- Family (TF), Single- Family Residential-7.2 Ranching and Agriculture East Ranching and Agriculture and Vacant Land Extraterritorial Jurisdiction (ETJ) Ranching and Agriculture South Single Family Rural Residential, Vacant Land Planned Development- Commercial, Single- Family Residential – Large Lot (SF-E), Planned Development – Residential, Extraterritorial Jurisdiction (ETJ) Suburban Living West Ranching and Agriculture, Cluster Residential, Park and School Extraterritorial Jurisdiction (ETJ), Agriculture (AG), Single- Family Residential – Large Lot (SF-E) Ranching and Agriculture, Schools Compatibility Considerations: Future Land Use Plan: The Future Land Use Plan designates this property as Ranching and Agriculture. The proposed development provides a mix of residential, agricultural farm amenities, and commercial uses, with a range of lot sizes, housing types, green spaces throughout and trail connections to Geer Park and existing infrastructure. This development advances the Placemaking Policies set forth in the Comprehensive Plan that state the City will work with developers to create unique destinations. Thoroughfare Plan: The proposed Roadway and Thoroughfare Improvement Plans are depicted in Exhibit H of the approved Development Agreement (Resolution No. 2024- 12-1716). The proposed development meets the City’s Thoroughfare Plan. Access: The proposed development is accessed from three entrances on Rosamond Parkway (FM 2862) on the north, FM 455 (White Street) on the south, and County Road 424 on the east and County Road 425 (Future N. Leonard Avenue) on the west. Utilities: The proposed utility plan is depicted in Exhibits F-G of the approved Development Agreement (Resolution No. 2024-12-1716). The applicant will be required to construct water main extensions along Rosamond Parkway (FM 2862) and FM 455 (White Street) to connect to the City of Anna’s public water system. Future phases will include the extension of an additional water main along future N. Leonard Avenue. The applicant will be constructing a sewer lift station in the southeast portion of the development to collect sanitary sewer. The sewer will then flow through a force main to the west, connecting into the Slayter Creek trunk sewer main. Schools: Rosamond Sherley Elementary School is located at the northwest corner of the site. The applicant is working with Anna ISD on the dedication of a site just south of Rosamond Sherley Elementary School for a middle school. Additionally, Anna ISD has expressed interest in purchasing property within the development for an elementary school site. The applicant is working with Anna ISD on determining the exact location for the elementary school. Parks and Public Trails: The proposed Trail and Open Space Improvements are depicted in Exhibit J of the approved Development Agreement (Resolution No. 2024-12- 1716). A system of 6-foot-wide Neighborhood Trails internal to the development will connect to a larger 10-foot-wide Roadside Trail along future N. Leonard Avenue on the west side of the development and an 8-foot-wide Community Trail along a future spine road on the east side of the development. A 12-foot-wide Regional Trail will bisect the development, running north and south and making a westerly connection to Geer Park. Two 10-foot wide Roadside Trails will run parallel along Rosamond Parkway and throughout the site. A 10-foot wide Roadside Trail will run along FM 455 (White Street). STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Locator Map - Sherley Farms (PD 25-0001) 2. Ordinance - Sherley Farms (PD 25-0001) 3. Exhibit A - Depiction of the Property - Sherley Farms (PD 25-0001) 4. Exhibit B - Illustrative Layout - Sherley Farms (PD 25-0001) COUNTYROAD376COUNTYROAD426DA I RYL N COUNTYROAD 418COUNTY ROAD 424HAVENWAY W FOSTER CROSSING RD COUNTY ROAD 1106 WAT ERHOUSELAKEDRCOUNTYROAD377QUANTUMCIRKELLYCOOKRD S POWELL PKWYROCKETBENDDRPRIVATEROAD5762NFERGUSONPKWYLEONARDAVEACACIADR HONEYWELLDR CHATSWORTH DR MIMOSADRCOUNTYROAD419COUNTYROAD477SHERWOODDRCEDARCREEKDRNOBLEFIRDRCOUNTY ROAD 373 CROSSVINEDR SHARPSTWINDHAMDRELAMDR SHEFFIELDDRP A R K A V E SLATERCREEKRDLAZYLNLAKEALPINETRLNRIGGINSSTCHERRY BLOSSOM ST COUNTY ROAD 364 E FM 455 M IL L R D W E STOVERLNTHOUSANDOAKSDRHAVE N D R SEQUOIA LN PENN ST R O X B Y C T ABIGAILLNPARK ST CAROLINESTC O L LIN ST DENALI DR N O E LLRDMAVE R ICK ST WFINLEY BLVDCEDARVIEW ASHLEYLNCAINDRCOUNTY ROAD 371 E THIRD ST STOCKYARD PL STONETRAIL CIRROADRUNNERRDLIDOLN NECTARRDWHITEROCKTRLMITCHELL LNGARDENDALE HOLLOW LNGRANDVIEWAVEINDIAN CREEK ELIZABETH ST BRY N L E E JA M E S L N SEANSTP U R DUERDNPOWELLPKWYHARBOR OAKS DR HYATTLAKE LNTARTANEDRCHISWELLRDBERRY CT ADELY N STE OUTER LOOP RD RHET T RD S A M R A Y B U R N M EM O R IA LH W YFOREST GLEN DR COUNTYR OAD 479 KADYNCE LN A A R O N S T COUNTYROAD425COUNTYROAD830BOWENSTDAVID DR ERROLSTSRIGGINSSTSAGE ST BUFFALOBILLDRWES T CROSSINGBLVD N COUNTYROAD475H A C KBERRY DR NJAMESSTCALDER CT VAILLNS SHERLEY AVETEAK DR E WHITE ST BRIARCOVERDE FOSTER CROSSING RD G L E NWOOD LN COUNTY ROAD 429 SEASTONDRCOUNTY ROAD 1220 W WHITE ST ELIJAH DR GRASSHOPPER LN HAZELSWAYLA PA L O M A DR E FINLEY BLVD ZION RD W ILD RO SELNCOUNTYROAD480HIGHLANDRDCARLYLE ST HEARN LN MEADOW RIDGE DR WINDI N G OAK S T R L FM 3133 COUNTY ROAD 427 W IL L O W LNOA KBENTCREEKDRL U P TO NST SFERGUSONPKWYB UTLER ST E SIXTH STNSTATEHIGHWAY5 KEITH LN TU R TLE C R EEKLN MIRACL EL NGRAYSONCORD80 COUNTY ROAD 474COUNTYROAD 482COUNT YROAD47 8 FM 2862 W OUTER LOOP RD BROOK LN FERN ST B EAVERCR EEKLNBRYANTFARM RDSTATEHIGHWAY 5COUNTYROAD423SPORTSMAN LN COUNTY ROAD 472 LAG U NADRC O LD S P R IN GSRDCOUNTY ROAD 481East ForkTri nit y Ri v er121 5 V a n A l s t y n e 75 SH 121 SH 5 Subject Property 200' Notice Boundary City Limits ETJ ¯ 0 3,000 6,0001,500 Feet January 2025 Sherley Farms Zoning (PD 25-0001) Inset Map 1 CITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located on the north and south sides of E. Rosamond Parkway (F.M. 2862), 980± feet east of N. Leonard Avenue (CR 425)) ORDINANCE NO. ________________ AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY’S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas (“City”) has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City Council received an annexation petition and requested to establish zoning on Property described in Exhibit A (“Property”) and depicted in Exhibit B (“Illustrative Plan”) attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located on the north and south sides of E. Rosamond Parkway (F.M. 2862), 980± feet east of N. Leonard Avenue (CR 425), is being zoned to Planned Development/Agricultural (AG)/Mixed Use (MU)/Industrial-1 (I-1) (PD/AG/MU/I-1); and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna (“City Council”) have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1.Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2.Zoning Change The Anna City Code of Ordinances are hereby amended by establishing the zoning of the Property described in Exhibit A and depicted in Exhibit B to Planned Development/Agricultural (AG)/Mixed Use (MU)/Industrial-1 (I-1) (PD/AG/MU/I-1) with the additional restrictions as follows: 2 1. Site Shall develop in accordance with the Preliminary Site Plan shown in Exhibit B. Section 3.Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4.Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Section 5.Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6.Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this 25th day of February 2025. ATTESTED: APPROVED: ________________________________ _________________________ Carrie L. Land, City Secretary Pete Cain, Mayor 974.545 Acres ( 42,451,194 S.F.) COLLIN COUNTY, TEXASSherley FarmsH TRO N LEGEND 1 3ALTA/NSPS LAND TITLE SURVEYwebsiteCIYT OF ANNAEXHIBIT B - DEPICTION OF THE PROPERTY SHERLEY FARMS CITY OF ANNA, COLLIN COUNTY, TEXAS G. MORRISON SURVEY ~ ABSTRACT NO. 559 S. MOORE SURVEY ~ ABSTRACT NO. 625 J. FISHER SURVEY ~ ABSTRACT NO. 305 J. FARRIS SURVEY ~ ABSTRACT NO. 330 JANUARY OF 2025 SOUTH TRACT  COLLIN COUNTY, TEXASSherley FarmsSURVEY RELATED SCHEDULE "B" - EXCEPTIONS First American Title Insurance Company, G.F. No. 1002-391994-RTT, Effective 1/5/2024 METES AND BOUNDS DESCRIPTION 2 3ALTA/NSPS LAND TITLE SURVEYwebsiteEXHIBIT B - DEPICTION OF THE PROPERTY SHERLEY FARMS CITY OF ANNA, COLLIN COUNTY, TEXAS G. MORRISON SURVEY ~ ABSTRACT NO. 559 S. MOORE SURVEY ~ ABSTRACT NO. 625 J. FISHER SURVEY ~ ABSTRACT NO. 305 J. FARRIS SURVEY ~ ABSTRACT NO. 330 JANUARY OF 2025 CIYT OF ANNA 153.110 Acres ( 6,669,493 S.F.) H TRO N SURVEYOR'S CERTIFICATE METES AND BOUNDS DESCRIPTION 3 3ALTA/NSPS LAND TITLE SURVEYwebsiteLEGEND SURVEY RELATED SCHEDULE "B" - EXCEPTIONS First American Title Insurance Company, G.F. No. 1002-391994-RTT, Effective 1/5/2024  COLLIN COUNTY, TEXASSherley FarmsEXHIBIT B - DEPICTION OF THE PROPERTY SHERLEY FARMS CITY OF ANNA, COLLIN COUNTY, TEXAS G. MORRISON SURVEY ~ ABSTRACT NO. 559 S. MOORE SURVEY ~ ABSTRACT NO. 625 J. FISHER SURVEY ~ ABSTRACT NO. 305 J. FARRIS SURVEY ~ ABSTRACT NO. 330 JANUARY OF 2025 CIYT OF ANNANORTH TRACT Anna Middle lOCATION ��P / K&Y MAP The information shown is based on the best information available and is subject 10 change without notice Zone Ill 150 ac) , I t ---v ,, --, - '.:. , _,.,,,, j Land Use Description Lone I (Residential) Zone II (Multi-Family Flex Tract) Open Space Summary Central Green ±74 ac Preserved Tree Line ±8 ac East Detention with Floodplain ±15 ac Pocket Park ±10 ac Miscellaneous ±10 ac Total ±117 ac Note: Pocket Park locations and sizes are conceptual and final location and size will be determined at platting Legend A Farm-style Amenity Center with operational farming facilities for the benefit of community residents and the broader community ..,__ Amenity Center No. 1 -to be precisely located at the time of � Phase 1 Preliminary Plat Amenity Center No. 2 -to be precisely located and construction to start prior to the issuance of the 1,750th building permit Sherley Squares -conceptual locations to be determined through the platting process Zoning Classification SF--20.0, SF-14.5, SF--12.0, SF--10.5, SF-8.4, SF-7.2, SF-6.0, Mixed-Density Residential {MD) District and Mixed-Use (MU) District limited to 8 AC Maximum, single-unit Garden Homes and single-unit Townhomes Multi-Family {MF) or SF-20.0, SF-14.5, SF--12.0, SF--10.5, SF--8.4, SF--7.2, SF--6.0, Mixed-Density Residential {MD) District and Mixed-Use {MU) District limited to 8 AC maximum, single-unit Garden Homes and single-unit Townhomes Maximums Single­ Family (SF) DUs 3,030 160* Multi-Family (MF) DUs 2QQM Lone Ill Regional Commercial (C-2) District, Light Industrial (1-1) District. 600** (Mixed-Usel Multi-Family {MF) District, and Mixed-Density Residential (MD) District Zone IV (Al (Multi-Use) Zone IV (Bl (Multi-Use) Zone IV (Cl (Multi-Use) ZoneV {The Farm) Regional Commercial (C-2) District and Light Industrial (1-1) District Single Family (SF--20.0) District, Single Family Cottage Residential District, and Multi-Family {MF) District Local Commercial {C-1) District, Single Family Residential (SF-20.0) District, Mixed-Density Residential {MD) District, Single Family Cottage Residential District, Multi-Family (MF) District, Agriculture (AG) District, Light Industrial {1-11 District, and Mixed-Use {MU) District Agriculture (AG) District, Local Commercial (C-1) District and Mixed-Use (MU) District uses as specifically noted in Exhibit D Development Standards TOTAL 3,190 800 * Indicates that use can be converted between single-family and multi-family as noted in the Development Standards Exhibit D. ** Indicates that use is broken out into different subcategories as noted in the Development Standards Exhibit D. -Indicates that maximums are to be determined by site plans and plats as development occurs. Note; Non-Residential uses do not have a prescribed maximum other than available acreage and specific limits within the Development Standards Exhibit D EXHIBIT B-ILLUSTRATIVE LAYOUT SHERLEY FARMS PD25-0001 CITY OF ANNA, COLLIN COUNTY, TEXAS G. MORRISON SURVEY~ ABSTRACT NO. 559 DECEMBER OF 2024 Item No. 7.g. City Council Agenda Staff Report Meeting Date: 2/25/2025 Staff Contact: Stephanie Scott-Sims AGENDA ITEM: Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance regarding a request for a Specific Use Permit for Light Auto Repair on 0.8± acre located on the north side of W. White Street, 95± feet east of Victoria Falls Drive. Zoned Planned Development/Regional Commercial (PD/C-2)(Ord. No. 119-2003). (SUP 25-0001) (Director of Development Services Stephanie Scott-Sims, AICP) SUMMARY: The property is one of four outlots at the Victoria Falls Center and is located in the southwestern corner of the site. The applicant is requesting a Specific Use Permit (SUP) for Auto Repair, Light to operate a quick oil change and auto repair shop. At its February 3, 2025, meeting, the Planning & Zoning Commission recommended approval of the Specific Use Permit for Auto Repair, Light (7-0) with the following conditions: 1. Site shall develop in accordance with the preliminary site plan shown in Exhibit B. 2. Site shall develop in accordance with the façade plan shown in Exhibit C. 3. Site shall develop in accordance with the Use Specific Standards in Zoning Ordinance Section 9.04.031(d) as follows: (d) Auto Repair, Light. (1) All Auto Repair, Light activities shall take place within an enclosed space. (2) An Auto Repair, Light facility shall be located one hundred and fifty (150) feet from any residential district or school use. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: HISTORY Ordinance 1068-2023 – City Council repealed and replaced Article 9.04 (Zoning Ordinance) which consolidated several automotive related uses including Auto Repair, Minor and Quick Oil Change Facility into a new land use category called "Auto Repair, Light". These uses were originally allowed by right in the C-2 district. However, the adoption of the new Zoning Ordinance resulted in into Auto Repair, Light requiring a Specific Use Permit in the C-2 district. Resolution No. 2016-04-166 – City Council approved the Victoria Falls Center Addition, Final Plat. Ordinance No. 119-2003 – City Council zoned the Victoria Falls Center as Planned Development/Commercial District (PD/C-2). CASE OVERVIEW The property is one of four outlots at the Victoria Falls Center and is located in the southwestern corner of the site. The applicant is requesting a Specific Use Permit (SUP) for Auto Repair, Light to operate a quick oil change and auto repair shop. Staff mailed public hearing notices to surrounding property owners in accordance with state law. To date, Staff has received one opposition letter on this case. Direction Land Use Zoning Comprehensive Plan North Shopping Center PD/C-2 w/SUP for kennel (no outside runs) (Ord. No. 119-2003 & 1040-2023-03) Community Commercial East Financial Institution PD/C-2 (Ord. No. 119- 2003) Community Commercial South Single-Family Detached Dwellings PD/R-1 (Ord. No. 2000-15) Cluster Residential West Shopping Center PD/C-2 (Ord. No. 119- 2003) Community Commercial COMPATIBILITY CONSIDERATIONS Specific Use Permit When considering an application for a Specific Use Permit, the Planning & Zoning Commission may recommend, and the City Council may establish, conditions and regulations necessary to protect the health, safety, morals, and general welfare of the neighborhood and/or the city. In addition, the use shall be in general conformance with the Comprehensive Plan and general objectives of the city. The Specific Use standards for Auto Repair, Light are provided in Section 9.04.031(d) of the Zoning Ordinance as follows: (d) Auto Repair, Light. (1) All Auto Repair, Light activities shall take place within an enclosed space. (2) An Auto Repair, Light facility shall be located one hundred fifty (150) feet from any residential district or school use. Staff Response: • The applicant understands that all business activities must be conducted within the building. • The property is 325± feet south of the nearest single-family detached dwelling lot within The Falls, Phase 1A residential subdivision and 123± feet north of the nearest single-family detached dwelling lot within Oak Hollow states, Phase 3 residential subdivision across W. White Street (Farm-to-Market 455). While the western property boundary is shared with The Falls, Phase 1A Homeowners’ Association lot, the proposed building exceeds 150± feet from the nearest single-family detached dwelling lot. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Locator Map - Victoria Falls Auto Repair Light (SUP 25-0001) 2. Ordinance - Victoria Falls Auto Repair Light (SUP 25-0001) 3. Exhibit A - Legal Description - Victoria Falls Auto Repair Light (SUP 25-0001) 4. Exhibit B - Preliminary Site Plan - Victoria Falls Auto Repair Light (SUP 25-0001) 5. Exhibit C - Facade - Victoria Falls Auto Repair Light (SUP 25-0001) 6. Response 1 - Victoria Falls Auto Repair Light (SUP 25-0001) COTTONWOODTRLPIN OAK TRL PINE KNOLL WAY POSTOAKTRLVICTORIAFALLSDRFIELDS VIEW DR WESTPARKDRSTANLEYFALLSDRHAWTHORNERDWESTFALL DR KAIETEURDRAVERY POINTE DR RIVER CROSSING DR DEERCHASE DR WHITE OAK RD W WHITE ST OAKHOLLO W LNPARKVIEW DR CEDAR TRL PENTON LINNS DR CYPRESS WAY WILEY FARM RED OAK TRL WATEROAKWAYBLACK OAK CTNIAGARA FALLS DRHILLTOPDRTANUR CASCADE DR RHYMERS GLEN DR SYCAMOREST East ForkTri nit y Ri v er121 5 V a n A l s t y n e 75 SH 121 SH 5 Subject Property 200' Notice Boundary City Limits ETJ ¯ 0 300 600150 Feet January 2025 Victoria Falls Center Addition, Block A, Lot 2 Zoning (Case # Here) Inset Map 1 CITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located on the north side of W. White Street, 95± feet east of Victoria Falls Drive) ORDINANCE NO. ________________ AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY’S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas (“City”) has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City Council received an annexation petition and requested a Specific Use Permit on Property described in Exhibit A (“Property”) and depicted in Exhibit B (“Preliminary Site Plan”) attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located on the north side of W. White Street, 95± feet east of Victoria Falls Drive, is being zoned with Specific Use Permit for Auto Repair, Light; and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna (“City Council”) have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1.Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2.Zoning Change The Anna City Code of Ordinances are hereby amended by establishing the zoning of the Property described in Exhibit A and depicted in Exhibit B to Regional Commercial (C-2) with Specific Use Permit for Self-Storage (Mini-Warehouse) with the additional restrictions as follows: 1. Site Shall develop in accordance with the Preliminary Site Plan shown in Exhibit B. 2 2. Site shall develop in accordance with the façade plan shown in Exhibit C. 3. Site shall develop in accordance with the Use Specific Standards in Zoning Ordinance Section 9.04.031(d) as follows: d. Auto Repair, Light. (1) All Auto Repair, Light activities shall take place within an enclosed space. (2) An Auto Repair, Light facility shall be located one hundred fifty (150) feet from any residential district or school use. Section 3.Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4.Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Section 5.Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6.Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. 3 PASSED by the City Council of the City of Anna, Texas this 25th day of February 2025. ATTESTED: APPROVED: ________________________________ _________________________ Carrie L. Land, City Secretary Pete Cain, Mayor LEGAL DSCRIPTION Victoria Falls Center Addition, Block A, Lot 2 As depicted in the Final Plat recorded in Instrument No. 20181029010005000, Official Public Records of Collin County, Texas. Site Data Summary TableGeneral Site DataZoningPD-C Ord. 119-2003Proposed Land Use Auto Repair, Light (SUP)Lot Area (per plat)38,352Lot Area 0.88Building Footprint Area (Approximate)5,200Area Covered by Canopy96Maximum Building Height (# Stories)1Maximum Building Height (Feet)30'Lot Coverage14%Floor Area Ratio 1/7ParkingParking Required 2 per 1000 SF11Standard Parking Provided17Accessible Parking Required2Accessible Parking Provided2Total Parking Provided19Landscaping AreaLandscape area requirement (15% of streetyard)862.8Landscape Area Requirement (15% of entiresite)5752.8Street Yard Area 5752Street Yard Landscape Provided5382Internal LS Provided6,345Total LS Area Provided:11,727Other impervious Area1,437Permeable AreasPermeable Pavement 0Other Permeanble Area 0Total permeable Area0Impervious AreaBuilding Area5,200Sidewalks, Pavement, and other ImperviousFlatwork18,731Other Impervious Area (curbs)1,257Total Impervious Area25,188Total Landscape Area, Impervious Area,Permeable Area38,352STREET FRONT LANDSCAPE AREA: 5,382 SFEXISTING 24' FIRE LANE9' - 0"9' - 0"9' - 0"10' - 0"9' - 0"9' - 0"9' - 0"18' - 0"OVERHANG2' - 0"17' - 0"9' - 0"9' - 0"78' - 9 5/8"92' - 2 1/2"50' - 1"9' - 0"9' - 0"9' - 0"9' - 0"10' - 0"9' - 0"9' - 0"9' - 0"9' - 0"9' - 0"9' - 0"23' - 3 7/8"E X IS T IN G 2 4 ' F IR E L A N E E A S E M E N T EXISTING 7.5' WATER EASEMENT 10' EXISTING WATER EASEMENT20' LANDSCAPE SETBACK18' - 0"OVERHANG2' - 0"20' LANDSCAPE SETBACKEXISTING TREE TO REMAIN25' BUILDING SETBACK (BY PLAT)20' WATER EASEMENTEXISTING TREES TO REMAIN(TO COUNT TOWARDS STREET TREE REQUIREMENT)EXISTING TREE TO REMAINEXISTING WROUGHT IRON FENCEEXISTING MONUMENT SIGNAGECANOPY TREES IN LANDSCAPE BUFFFER89° 31' 55"142.75'NW2 4 ° 2 1 ' 5 8 "1 4 8 .7 6 'N W89° 36' 26"202.69'NE0° 00' 40"72.38'NW(89o36'24"E PLAT)210.46 N 00o24'36"W ORNAMENTAL TREES@ PARKING,TYP.SCREENING SHRUBS ALONG VICTORIA FALLS FRONTAGESCREENING SHRUBS ALONG FM 455 FRONTAGESCREENING SHRUBS BETWEEN USESPROPOSED SAND/OIL SEPARATOREXISTING CURB INLETDUMPSTER ENCLOSURE7' SCREEN WALL TO MATCH BUILDING WITH 7' SOLID GATES (2) 8 YARD BINSEXISTING SANITARY SEWER EASEMENTPROPOSEDSINGLE STORY BUILDING30'-0" T.O. PARAPETLIGHT AUTO MAINTENANCE 4,650 GSFSTREET YARD: 5,752 SFVICTORIA FALLS DRIVE50' R.O.W. (EXISTING)W. WHITE STREET (F.M. 455)VARIABLE R.O.W.(EXISTING)BLOCK ALOT 238,352 SF/.88 ACRESTEXAS BANKBLOCK A LOT 325,693 SF/ .59 ACRESVICTORIA FALLS CENTER ADDITIONINSTRUMENT NO. 20191217001606230ZONING: PD119-2003USE: BANKRGR DEVELOPMENT COMPANY LPBLOCK A LOT 1204,760 SF/4.70 ACRESVICTORIA FALLS CENTER ADDITIONINSTRUMENT NO. 20210729001531890ZONING: PD 119-2003USE: RETAILTHE FALLS HOMEOWNERS ASSOCIATIONBLOCK BLOT 106961 SF/.15 ACRESFALLS PHASE 1A ADDITIONINSTRUMENT NO. 103194VOLUME 5708 PAGE1069ZONING: PD 119-2003USE: OPEN SPACE71671671671671871871871471671471471425' BUILDING SETBACK (BY PLAT)10' REAR YARD SETBACK5' SIDE YARD SETBACKPROPOSED DRIVE WAYP R O P O SE D D R IV E W A Y 25'x25' VISIBILITY EASEMENTP R O P O SE D P A R K IN G PROPOSED PARKINGPROPOSED PARKING18' - 8 3/4"HVAC CONDENSERSR30' - 0"R30' - 0"R30' - 0"R30' - 0"PROPOSED BARRIER FREE RAMPS AND CROSSWALKJONES LEON & LINDAPHASE 3 BLOCK T LOT 8OAK HOLLOW ESTATESINSTRUMENT NO. 59863VOLUME 5913 PAGE 0519ZONING: PD-R 2000-15USE: SINGLE FAMILYTHE FALLS HOMEOWNERS ASSOCIATIONBLOCK DLOT 217,375 SF/.17 ACRESFALLS PHASE 1A ADDITIONINSTRUMENT NO. 103194VOLUME 5708 PAGE1069ZONING: PD 119-2003USE: OPEN SPACEORL I LLCBLOCK DLOT 20R-2A50,530 SF/1.16 ACRESFALLS PHASE 1A ADDITIONINSTRUMENT NO. 20180118000071740ZONING: PD 119-2003USE: RETAILELHODOLI AHMAD YPHASE 3 BLOCK T LOT 7OAK HOLLOW ESTATESINSTRUMENT NO. 94121VOLUME 5697 PAGE 2982ZONING: PD-R 2000-15USE: SINGLE FAMILYBARAKAT ISSAMPHASE 3 BLOCK T LOT 6OAK HOLLOW ESTATESINSTRUMENT NO. 20140310000219540ZONING: PD-R 2000-15USE: SINGLE FAMILYORTEGA ISAMAR & JOSE EDMUNDOPHASE 3 BLOCK T LOT 5OAK HOLLOW ESTATESINSTRUMENT NO. 20210309000470090ZONING: PD-R 2000-15USE: SINGLE FAMILYQIAN WEIPHASE 3 BLOCK T LOT 4OAK HOLLOW ESTATESINSTRUMENT NO. 20160412000435550ZONING: PD-R 2000-15USE: SINGLE FAMILYJOHNSON JOHNPHASE 3 BLOCK T LOT 9OAK HOLLOW ESTATESINSTRUMENT NO. 20111003001051300ZONING: PD-R 2000-15USE: SINGLE FAMILYQUIROZ RAUL CPHASE 3 BLOCK T LOT 10OAK HOLLOW ESTATESINSTRUMENT NO. 20120829001076170ZONING: PD-R 2000-15USE: SINGLE FAMILYEXISTING CURB INLETEXISTING SS MANHOLEEXISTING FIRE HYRDRANTREPAIR EXISTING CONCRETE IN THIS AREA TO MAINTAIN 24' FIRE LAND AND 30' RADIUSR5' - 0"RELOCATED FIRE HYDRANT TO FACE FIRE LANE3' - 0"18' - 0"2' - 0"4' - 6"FRO M FAC AD E5' - 10"THOR OVERLAY DISTRICT 50' BUILDING SETBACK11' - 1"US 75 CENTRAL EXPRESSWAYFM 455 / WHITE STREETVICTORIA FALLSSITEVICINITY MAP -NOT TO SCALETRUE NORTHG R E E N L I G H TSTUDIO, LLC© Greenlight Studio, LLCwww.greenlight.companyApplicant:Greenlight Studio LLC100 N. Cottonwood DriveSuite 104Richardson, Texas 75080v: 214.810.4535Owner:Texas BankP.O. Box 1990Henderson, Texas 75653-1990v: 903.657.1466.88 ACRESCity of Anna, Collin County, TexasF. T. Duffau Survey, Abstract No. 288Prepared January 24, 2025VICTORIA FALLS CENTER ADDITIONBLOCK A, LOT 2SUP 25-0002Preliminary Site Plan1" = 20'-0"1Site Plan1. Buildings 6,000 square feet or greater shall be 100% fire sprinkled.2. Fire lanes shall be designed and constructed per city standards.3. Handicapped parking areas shall be designed and provided per city standards and shall comply with requirements of the current, adopted International Building Code.4. FIVE-foot wide sidewalks shall be provided per the City design Manual in the public Right of Way, unless a sidewalk easement is provided for a meandering sidewalk or an alternative design is approved by the city.5. Barrier-free ramps, per city standards, shall be provided on sidewalks at all curb crossings.6. Mechanical units, dumpsters, and trash compactors shall be screened in accordance with the Zoning Ordinance.7. All signage contingent upon approval by Building Inspections Department.8. Approval of the site plan is not final until all engineering plans are approved.9. Open storage, where permitted, shall be screened in accordance with the Zoning Ordinance.10. Outdoor lighting shall comply with illumination standards within city ordinance. Please contact the Building Inspections Department to determine the type of construction and occupancy group.11. All private electrical transmission, distribution, and service lines must be underground.12. Uses shall conform in operation, location, and construction to the following performance standards in the Zoning Ordinance: noise, smoke and particulate matter, odorous matter, fire or explosive hazard material, toxic and noxious matter, vibration, and/or other performance standards.13. All proposed paving shall be concrete per city of Anna Standards.0'10'20'40'80'PRELIMINARY SITE PLAN NOTESSCALE = 1:20NEXHIBIT AEXHIBIT B 5G302____4G302____3G302____2G302____Finished Floor0' -0"Clear Height16' -0"Top of Parapet28' -0"35' - 0"Finished Floor0' -0"Clear Height16' -0"Top of Parapet28' -0"EIFS FINISHBREAK METAL FEATURECORRUGATED METAL DOOR SURROUNDSGUTTER TO MATCH BREAK METAL FEATURESMETAL COPINGDOWNSPOUTSBOLLARDSA/C CONDENSERS SCREENED BY LANDSCAPINGMETAL CANOPYFinished Floor0' -0"Clear Height16' -0"Top of Parapet28' -0"BUILDING SIGNAGEEIFS FINISHMETAL COPINGFRAMED GLASS DOORSMASONRY VENEERBREAK METAL FEATURE"WOOD LOOK" VENEERMASONRY DUMPSTER ENCLOSURE (MATCH BUILDING)STEEL BOLLARDSCORRUGATED METAL DOOR SURROUNDSDOWNSPOUTGUTTER TO MATCH BREAK METAL FEATURESBACKLIT TRANSLUCENT PANELFinished Floor0' -0"Clear Height16' -0"Top of Parapet28' -0"METAL COPINGEIFS FINISHMASONRY DUMPSTER ENCLOSUREMETAL GATESG R E E N L I G H TSTUDIO, LLC© Greenlight Studio, LLCwww.greenlight.companyApplicant:Greenlight Studio LLC100 N. Cottonwood DriveSuite 104Richardson, Texas 75080v: 214.810.4535Owner:Texas BankP.O. Box 1990Henderson, Texas 75653-1990v: 903.657.1466.88 ACRESCity of Anna, Collin County, TexasF. T. Duffau Survey, Abstract No. 288Prepared January 24, 2025VICTORIA FALLS CENTER ADDITIONBLOCK A, LOT 2SUP 25-0002Facade Plans1" = 50'-0"1Facade Key Plan1/8" = 1'-0"2Facade - Southeast1/8" = 1'-0"5Facade - Northeast1/8" = 1'-0"4Facade - Southwest1/8" = 1'-0"3Facade - Northwest"WOOD LOOK" VENEERMETAL CANOPYSTOREFRONT SYSTEM W/ 1" INSULATED GLAZINGSPANDREL STOREFRONTBUILDING SIGNAGEBREAK METAL FEATUREMASONRY VENEERBACKLIT TRANSLUCENT PANELCORRUGATED METALEXHIBIT C Item No. 7.h. City Council Agenda Staff Report Meeting Date: 2/25/2025 Staff Contact: Bernie Parker AGENDA ITEM: Conduct a Public Hearing regarding the creation of Crystal Park Public Improvement District No. 2 pursuant to Section 372.009, Texas Local Government Code. (Director of Economic Development Bernie Parker) SUMMARY: Staff recommends to conduct the Public Hearing regarding the creation of Crystal Park Public Improvement District No. 2 pursuant to Section 372.009, Texas Local Government Code. FINANCIAL IMPACT: Approximately $3,304,800 PID fees to be collected. BACKGROUND: At the request of Bloomfield Homes, the City Council created the Crystal Park PID in 2023. Due to a technical error in the petition that was submitted by Bloomfield Homes at that time, the Office of the Attorney General would likely not allow the existing Crystal Park PID to finance water and wastewater infrastructure, which infrastructure costs comprise the majority of the public improvements for which the District was created. Upon consultation with Bond Counsel, the simplest way to remedy this situation is to dissolve the original Crystal Park PID and create a new PID to be named Crystal Park PID No. 2, which will be empowered to finance water and wastewater infrastructure. This dissolution and re-creation process will require four separate meetings and two public hearings, which will take place during the four regular City Council meetings scheduled for January and February 2025. These procedural steps are not substantive and are ministerial in nature, and Bond Counsel recommends the two resolutions in January be placed on the consent agendas for those two meetings. STRATEGIC CONNECTIONS: Goal 1: Sustainable Anna Community Through Planned Managed Growth ATTACHMENTS: Item No. 7.i. City Council Agenda Staff Report Meeting Date: 2/25/2025 Staff Contact: Bernie Parker AGENDA ITEM: Consider/Discuss/Action on adoption of a Resolution regarding the Creation of the Crystal Park Public Improvement District No. 2 and Ordering Public Improvements to be made for the benefit of such District; providing for a severability clause; providing an effective date; and containing other matters relating to the subject. (Director of Economic Development Bernie Parker) SUMMARY: Staff recommends the adoption of a Resolution regarding the Creation of the Crystal Park Public Improvement District No. 2 and Ordering Public Improvements to be made for the benefit of such District; providing for a severability clause; providing an effective date; and containing other matters relating to the subject. (Director of Economic Development Bernie Parker) FINANCIAL IMPACT: Approximately $3,304,800 PID fees to be collected. BACKGROUND: At the request of Bloomfield Homes, the City Council created the Crystal Park PID in 2023. Due to a technical error in the petition that was submitted by Bloomfield Homes at that time, the Office of the Attorney General would likely not allow the existing Crystal Park PID to finance water and wastewater infrastructure, which infrastructure costs comprise the majority of the public improvements for which the District was created. Upon consultation with Bond Counsel, the simplest way to remedy this situation is to dissolve the original Crystal Park PID and create a new PID to be named Crystal Park PID No. 2, which will be empowered to finance water and wastewater infrastructure. This dissolution and re-creation process will require four separate meetings and two public hearings, which will take place during the four regular City Council meetings scheduled for January and February 2025. These procedural steps are not substantive and are ministerial in nature, and Bond Counsel recommends the two resolutions in January be placed on the consent agendas for those two meetings. STRATEGIC CONNECTIONS: Goal 1: Sustainable Anna Community Through Planned Managed Growth ATTACHMENTS: 1. Resolution Creating Crystal Park PID#2 v1 CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS COLLIN COUNTY CITY OF ANNA We, the undersigned officers of the City of Anna, Texas (the "City"), hereby certify as follows: 1. The City Council (the "Council") of the City convened in a regular meeting on February 25, 2025, at the regular designated meeting place, and the roll was called of the duly constituted officers and members of the Council, to wit: Pete Cain, Mayor Lee Miller, Council Member Stan Carver II, Mayor Pro Tem Jody Bills, Council Member Elden Baker, Deputy Mayor Pro-Tem Kelly Patterson-Herndon, Council Member Kevin Toten, Council Member Ryan Henderson, City Manager Carrie Land, City Secretary and all of said persons were present, except ___________________________________________, thus constituting a quorum. Whereupon, among other business the following was transacted at said meeting: a written A RESOLUTION REGARDING THE CREATION OF THE CRYSTAL PARK PUBLIC IMPROVEMENT DISTRICT NO. 2 AND ORDERING PUBLIC IMPROVEMENTS TO BE MADE FOR THE BENEFIT OF SUCH DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER MATTERS RELATING TO THE SUBJECT. was duly introduced for the consideration of the Council. It was then duly moved and seconded that said Resolution be passed; and, after due discussion, said motion, carrying with it the passage of said Resolution, prevailed and carried, with all members of the Council shown present above voting "Aye," except as noted below: NAYS: ABSTENTIONS: 2. A true, full, and correct copy of the aforesaid Resolution passed at the meeting described in the above and foregoing paragraph is attached to and follows this Certificate; said Resolution has been duly recorded in the Council's minutes of said meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the Council's minutes of said meeting pertaining to the passage of said Resolution; the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of the Council as indicated therein; that each of the officers and members of the Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid meeting, and that said Resolution would be introduced and considered for passage at said meeting, and each of said officers and members consented, in advance, to the holding of said meeting for such purpose; and that said meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given all as required by the Texas Government Code, Chapter 551. Signature Page to a Certificate for A RESOLUTION REGARDING THE CREATION OF THE CRYSTAL PARK PUBLIC IMPROVEMENT DISTRICT NO. 2 AND ORDERING PUBLIC IMPROVEMENTS TO BE MADE FOR THE BENEFIT OF SUCH DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER MATTERS RELATING TO THE SUBJECT. 3. The Council has approved and hereby approves the Resolution; and the Mayor (or Mayor Pro Tem) and City Secretary hereby declare that their signing of this certificate shall constitute the signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED ON FEBRUARY 25, 2025. ATTEST: ___________________________________ Pete Cain, Mayor ___________________________________ Carrie L. Land, City Secretary (SEAL) CITY OF ANNA, TEXAS RESOLUTION NO. 2025-02-____ A RESOLUTION REGARDING THE CREATION OF THE CRYSTAL PARK PUBLIC IMPROVEMENT DISTRICT NO. 2 AND ORDERING PUBLIC IMPROVEMENTS TO BE MADE FOR THE BENEFIT OF SUCH DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND CONTAINING OTHER MATTERS RELATING TO THE SUBJECT. WHEREAS, the City of Anna, Texas (the "City") is authorized by Chapter 372, Texas Local Government Code, as amended (the "Act") to create a public improvement district and to levy special assessments against property within the district to pay the costs of public improvement projects that confer a special benefit on property within the district; WHEREAS, on December 6, 2024, there was submitted to and filed with the City Secretary of the City (the “City Secretary”) pursuant to the Act that certain "Petition for Creation of the Crystal Park Public Improvement District No. 2 Within the City of Anna, Texas" (the "Petition") requesting the establishment of a public improvement district covering approximately 274.396 acres located within the City as described in the Petition and Exhibit A attached hereto (the “Property”), and to be known as the "Crystal Park Public Improvement District No. 2" (the "District"); WHEREAS, the City Council of the City (the "City Council") received the Petition and determined that it satisfied the requirements of the Act; WHEREAS, after providing the notices required by the Act and by the Texas Open Meetings Act, Chapter 551, Texas Government Code, as amended, the City Council opened and conducted a public hearing on February 25, 2025, to determine the advisability of creating and establishing the District and undertaking the public improvement projects described in the Petition; WHEREAS, all owners of the Property located within the District and all other interested persons were given the opportunity at such public hearing to speak for or against the creation of the District and the proposed public improvements; and WHEREAS, the City Council has made findings based on the information contained in the Petition presented to the City Council and any comments received at the public hearing. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. The City Council hereby approves the statements contained in the preamble of this Resolution and finds that all statements are true and correct and incorporate the same in the body of this Resolution. Section 2. The City Council, after considering the Petition and the evidence and testimony presented at the public hearing, hereby finds and determines that: (a) the Petition was filed with the City Secretary and was signed by owners of taxable real property representing more than fifty percent (50%) of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current appraisal roll of the appraisal district in which the property is located, and by the record owners of real property liable for assessment under the proposal who own taxable real property that constitutes more than fifty percent (50%) of the area of all real property that is liable for assessment under the proposal; (b) the proposed public improvements described in the Petition are of the nature of the public improvements described in Section 372.003 of the Act and are advisable and desirable improvements for the District; (c) the proposed public improvements will promote the interests of the City and are of the nature that will confer a special benefit on the Property within the District by enhancing the value of such Property located within the District; (d) the general nature of the proposed public improvements and estimated costs thereof are set forth and described in Exhibit B attached hereto and made a part hereof for all purposes; (e) the boundaries of the District include all of the Property that is set forth and described in Exhibit A attached hereto and made a part hereof for all purposes; (f) the assessment of costs of the proposed improvements will be levied on each parcel of property within the District in a manner that results in imposing equal shares of the costs on property similarly benefitted; (g) the costs of the improvements shall be apportioned between the District and City such that all such costs are paid from the assessments levied on the Property within the District and other sources available to the owners and developers of the Property within the District, as further described in Exhibit B; and (h) the District shall be managed without the creation of an advisory body. Section 3. Based on the foregoing, the District is hereby created as a public improvement district under the Act in accordance with the findings of the City Council as to the advisability of the public improvements described in Exhibit B, the nature and the estimated costs of the public improvements, the boundaries of the District, the method of assessment, and the apportionment of costs as described herein, which are authorized to be made in accordance with the service and assessment plan to be approved by the City Council. Section 4. The City Council hereby authorizes and directs the City Secretary, on or before March 4, 2025, in accordance with the Act, to file this Resolution with the County Clerk of Collin County, Texas. Section 5. If any section, article, paragraph, sentence, clause, phrase or word in this resolution or application thereof to any persons or circumstances is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this resolution; and the City Council hereby declares it would have passed such remaining portions of the resolution despite such invalidity, which remaining portions shall remain in full force and effect. Section 6. This Resolution has been approved by majority vote of all members of the City Council and constitutes the improvement order establishing and creating the District in accordance with the Act. Section 7. This Resolution shall take effect immediately from and after the date of its passage in accordance with law. 2 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THIS 25TH DAY OF FEBRUARY, 2025. Pete Cain, Mayor ATTEST: Carrie L. Land, City Secretary EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY 274.396 ACRES BEING A 274.396 ACRE TRACT OF LAND SITUATED IN THE J. CAHILL SURVEY, ABSTRACT NO. 144, THE H. CHENAWETH SURVEY, ABSTRACT NO. 158, THE J. COFFMAN SURVEY, ABSTRACT NO. 197, THE J. ELLETT SURVEY, ABSTRACT NO. 295, THE W. KITCHINGS SURVEY, ABSTRACT NO. 504 AND THE J. KINCADE SURVEY ABSTRACT NO. 510, CITY OF ANNA, COLLIN COUNTY, TEXAS, AND BEING PART OF A 243.477 ACRE TRACT OF LAND, CONVEYED BLOOMFIELD HOMES, L.P., AS RECORDED IN COUNTY CLERK’S FILE NO. 20211220002575780, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS AND PART OF A 116.974 ACRE TRACT OF LAND CONVEYED TO BLOOMFIELD HOMES, L.P., AS RECORDED IN COUNTY CLERK’S FILE NO. 2021220002551800 OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS. SAID 274.396 ACRE TRACT, WITH BEARING BASIS BEING GRID NORTH, TEXAS STATE PLANE COORDINATES, NORTH CENTRAL ZONE NAD83, (NAD83 (2011) EPOCH 2010), DETERMINED BY GPS OBSERVATIONS, CALCULATED FROM COLLIN CORS ARP (PID-DF8982), AND DENTON CORS ARP (PID-DF8986), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT FEET TO A 1/2" IRON FOUND FOR THE NORTH CORNER OF SAID 243.477 ACRE TRACT AND THE COMMON SOUTHWEST CORNER OF A 5.765 ACRE TRACT OF LAND CONVEYED TO ANNA GROUP LLC, AS RECORDED IN COUNTY CLERK'S FILE NO. 2024000080846, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS. SAID POINT BEING ON THE EAST LINE OF A 64 ACRE TRACT OF LAND CONVEYED TO NAOMI L. WATSON, AS RECORDED IN COUNTY CLERK'S FILE NO. 20140313000236380, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS AND BEING WITHIN THE APPROXIMATE CENTER OF COUNTY ROAD NO. 937, (A PRESCRIPTIVE RIGHT-OF-WAY BY USE AND OCCUPATION), FROM WHICH A 1/2" IRON ROD WITH CAP STAMPED “PEISER.MANKIN.SUR” FOUND FOR THE NORTHWEST CORNER OF SAID 5.765 ACRE TRACT AND A COMMON SOUTHWEST CORNER OF A 101.118 ACRE TRACT OF LAND CONVEYED AS “TRACT 1” TO ANNA GROUP LLC, AS RECORDED IN COUNTY CLERK'S FILE NO. 2023000122760, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS, BEARS NORTH 03 DEGREES 55 MINUTES 14 SECONDS EAST, A DISTANCE OF 50.00 FEET; THENCE, ALONG THE NORTHEAST LINE OF SAID 243.477 ACRE TRACT AND THE COMMON SOUTHWEST LINE OF SAID 5.765 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: SOUTH 48 DEGREES 26 MINUTES 03 SECONDS EAST, A DISTANCE OF 82.66 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 67 DEGREES 30 MINUTES 05 SECONDS EAST, A DISTANCE OF 84.40 FEET TO 60D NAIL FOUND FOR CORNER; SOUTH 62 DEGREES 35 MINUTES 14 SECONDS EAST, A DISTANCE OF 296.45 FEET TO A 60D NAIL FOUND FOR CORNER; SOUTH 41 DEGREES 10 MINUTES 03 SECONDS EAST, A DISTANCE OF 157.79 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 78 DEGREES 06 MINUTES 15 SECONDS EAST, A DISTANCE OF 262.41 FEET TO A 60D NAIL FOUND FOR CORNER; SOUTH 55 DEGREES 39 MINUTES 45 SECONDS EAST, A DISTANCE OF 144.29 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR THE SOUTHEAST CORNER OF SAID 5.765 ACRE TRACT AND A COMMON EXTERIOR ELL CORNER OF AFORESAID 101.118 ACRE TRACT; THENCE, CONTINUING ALONG THE NORTHEAST LINE OF SAID 243.477 ACRE TRACT AND THE COMMON SOUTHWEST LINE OF SAID 101.118 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: SOUTH 89 DEGREES 18 MINUTES 28 SECONDS EAST, A DISTANCE OF 348.05 FEET TO A 60D NAIL FOUND FOR CORNER; SOUTH 21 DEGREES 37 MINUTES 21 SECONDS EAST, A DISTANCE OF 346.53 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 06 DEGREES 07 MINUTES 23 SECONDS EAST, A DISTANCE OF 211.96 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 37 DEGREES 30 MINUTES 06 SECONDS EAST, A DISTANCE OF 88.02 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; SOUTH 64 DEGREES 23 MINUTES 44 SECONDS EAST, A DISTANCE OF 62.59 FEET TO A 60D NAIL FOUND FOR CORNER; SOUTH 42 DEGREES 35 MINUTES 09 SECONDS EAST, A DISTANCE OF 246.54 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; 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 73.50 FEET A 1/2" IRON ROD FOUND FOR THE SOUTHEAST CORNER OF SAID 101.118 ACRE TRACT AND A COMMON EXTERIOR ELL CORNER OF AFORESAID 116.974 ACRE TRACT; THENCE, ALONG THE COMMON LINES OF SAID 116.974 ACRE TRACT AND SAID 101.118 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: NORTH 35 DEGREES 12 MINUTES 23 SECONDS EAST, A DISTANCE OF 177.76 FEET TO A 1/2" IRON ROD FOUND FOR CORNER; NORTH 42 DEGREES 44 MINUTES 06 SECONDS WEST, A DISTANCE OF 131.40 FEET TO A 1/2" IRON ROD FOUND FOR CORNER; NORTH 19 DEGREES 54 MINUTES 38 SECONDS WEST, A DISTANCE OF 41.83 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 03 DEGREES 33 MINUTES 44 SECONDS WEST, A DISTANCE OF 30.38 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 23 DEGREES 14 MINUTES 16 SECONDS EAST, A DISTANCE OF 444.46 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 24 DEGREES 17 MINUTES 36 SECONDS EAST, A DISTANCE OF 216.53 FEET TO A POINT FOR CORNER; THENCE, OVER AND ACROSS SAID 116.974 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: SOUTH 85 DEGREES 34 MINUTES 50 SECONDS EAST, A DISTANCE OF 368.08 FEET TO A POINT FOR CORNER; SOUTH 35 DEGREES 22 MINUTES 48 SECONDS EAST, A DISTANCE OF 20.00 FEET TO A POINT FOR CORNER, AND THE BEGINNING OF A NON- TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 65 DEGREES 38 MINUTES 29 SECONDS, A RADIUS OF 50.00 FEET, AND A LONG CHORD THAT BEARS NORTH 87 DEGREES 26 MINUTES 26 SECONDS EAST, A DISTANCE OF 54.20 FEET; ALONG SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 57.28 FEET TO A POINT FOR CORNER; SOUTH 85 DEGREES 34 MINUTES 50 SECONDS EAST, A DISTANCE OF 208.41 FEET TO A POINT FOR CORNER, AND THE BEGINNING OF A NON- TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 65 DEGREES 33 MINUTES 25 SECONDS, A RADIUS OF 50.00 FEET, AND A LONG CHORD THAT BEARS SOUTH 78 DEGREES 38 MINUTES 39 SECONDS EAST, A DISTANCE OF 54.14 FEET; ALONG SAID NON-TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 57.21 FEET TO A POINT FOR CORNER; NORTH 44 DEGREES 08 MINUTES 04 SECONDS EAST, A DISTANCE OF 15.00 FEET TO A POINT FOR CORNER; SOUTH 85 DEGREES 34 MINUTES 50 SECONDS EAST, A DISTANCE OF 485.58 FEET TO A POINT FOR CORNER; SOUTH 16 DEGREES 40 MINUTES 30 SECONDS WEST, A DISTANCE OF 689.68 FEET TO A POINT FOR CORNER, AND THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 21 DEGREES 38 MINUTES 12 SECONDS, A RADIUS OF 1105.00 FEET, AND A LONG CHORD THAT BEARS SOUTH 27 DEGREES 29 MINUTES 36 SECONDS WEST, A DISTANCE OF 414.81 FEET; ALONG SAID TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 417.28 FEET TO A POINT FOR CORNER; NORTH 50 DEGREES 23 MINUTES 31 SECONDS WEST, A DISTANCE OF 27.69 FEET TO A POINT FOR CORNER; SOUTH 39 DEGREES 36 MINUTES 29 SECONDS WEST, A DISTANCE OF 50.00 FEET TO A POINT FOR CORNER; SOUTH 50 DEGREES 23 MINUTES 31 SECONDS EAST, A DISTANCE OF 27.69 FEET TO A POINT FOR CORNER, AND THE BEGINNING OF A NON- TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 01 DEGREE 30 MINUTES 09 SECONDS, A RADIUS OF 1105.00 FEET, AND A LONG CHORD THAT BEARS SOUTH 41 DEGREES 39 MINUTES 21 SECONDS WEST, A DISTANCE OF 28.98 FEET; ALONG SAID NO-TANGENT CURVE TO THE RIGHT, AN ARC DISTANCE OF 28.98 FEET TO A POINT FOR CORNER; SOUTH 42 DEGREES 25 MINUTES 45 SECONDS WEST, A DISTANCE OF 563.28 FEET TO A POINT FOR CORNER, AND THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 13 DEGREES 25 MINUTES 22 SECONDS, A RADIUS OF 1545.00 FEET, AND A LONG CHORD THAT BEARS SOUTH 35 DEGREES 43 MINUTES 04 SECONDS WEST, A DISTANCE OF 361.12 FEET; ALONG SAID TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 361.95 FEET TO A POINT FOR CORNER ON A SOUTHERLY LINE OF SAID 116.974 ACRE TRACT AND THE COMMON NORTH LINE OF A TRACT OF LAND CONVEYED TO JOHN RATTAN AND SUE RATTAN, AS RECORDED IN COUNTY CLERK’S FILE NO. 20090915001153020, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS, FROM WHICH A 1/2" IRON ROD FOUND FOR AN INTERIOR ELL CORNER OF SAID 116.974 ACRE TRACT AND THE COMMON NORTHEAST CORNER OF SAID RATTAN TRACT, BEARS SOUTH 78 DEGREES 24 MINUTES 56 SECONDS EAST, A DISTANCE OF 625.73 FEET; THENCE, NORTH 78 DEGREES 24 MINUTES 56 SECONDS WEST, ALONG SAID COMMON LINE, A DISTANCE OF 74.94 FEET TO A 5/8” IRON ROD WITH YELLOW PLASTIC CAP STAMPED “LJA SURVEYING” SET FOR AN EXTERIOR ELL CORNER OF SAID 116.974 ACRE TRACT AND THE COMMON NORTHWEST CORNER OF SAID RATTAN TRACT. SAID POINT BEING ON THE EAST LINE OF AFORESAID 243.477 ACRE TRACT; THENCE, ALONG THE EAST LINE OF SAID 243.477 ACRE TRACT AND THE COMMON WEST LINE OF SAID RATTAN TRACT, THE FOLLOWING COURSES AND DISTANCES: SOUTH 02 DEGREES 45 MINUTES 42 SECONDS EAST, A DISTANCE OF 22.19 FEET TO A 5/8” IRON ROD WITH YELLOW PLASTIC CAP STAMPED “LJA SURVEYING” SET FOR CORNER; SOUTH 04 DEGREES 42 MINUTES 42 SECONDS WEST, A DISTANCE OF 178.16 FEET TO A POINT FOR CORNER AND THE BEGINNING OF A NON- TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 20 DEGREES 12 MINUTES 17 SECONDS, A RADIUS OF 1545.00 FEET, AND A LONG CHORD THAT BEARS SOUTH 11 DEGREES 19 MINUTES 42 SECONDS WEST, A DISTANCE OF 542.01 FEET; THENCE, OVER AND ACROSS SAID 243.477 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: ALONG SAID NON-TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 544.83 FEET TO A POINT FOR CORNER; SOUTH 01 DEGREE 13 MINUTES 34 SECONDS WEST, A DISTANCE OF 572.11 FEET TO A POINT FOR CORNER; SOUTH 87 DEGREES 14 MINUTES 28 SECONDS WEST, A DISTANCE OF 3169.43 FEET TO A POINT FOR CORNER ON THE WEST LINE OF SAID 243.477 ACRE TRACT AND THE COMMON EAST LINE OF A 216.801 ACRE TRACT OF LAND CONVEYED TO VERLA SUE HOLLAND AND MAURINE DICKEY, AS RECORDED IN COUNTY CLERK'S FILE NO. 95-0011069, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS, FROM WHICH A 60D NAIL FOUND FOR THE SOUTHWEST CORNER OF SAID 243.477 ACRE TRACT AND A COMMON EXTERIOR ELL CORNER OF A 140.00 ACRE TRACT OF LAND CONVEYED TO MJLA ADAM, LTD, AS RECORDED IN COUNTY CLERK’S FILE NO. 20110505000462570, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS BEARS SOUTH 02 DEGREES 16 MINUTES 14 SECONDS WEST, A DISTANCE OF 60.23 FEET; THENCE, ALONG THE COMMON LINES OF SAID 243.477 ACRE TRACT AND THE SAID 216.801 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: NORTH 02 DEGREES 16 MINUTES 14 SECONDS EAST, A DISTANCE OF 59.76 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 00 DEGREES 42 MINUTES 51 SECONDS WEST, A DISTANCE OF 640.05 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 00 DEGREES 45 MINUTES 11 SECONDS WEST, A DISTANCE OF 357.30 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 01 DEGREE 39 MINUTES 21 SECONDS WEST, A DISTANCE OF 381.16 FEET TO A 1/2" IRON ROD FOUND FOR AN INTERIOR ELL CORNER, OF SAID 243.477 ACRE TRACT AND THE COMMON NORTHEAST CORNER OF SAID 216.801 ACRE TRACT. SAID POINT BEING AT THE END OF AFORESAID COUNTY ROAD NO. 937; NORTH 87 DEGREES 21 MINUTES 39 SECONDS WEST, A DISTANCE OF 29.55 FEET TO A 60D NAIL FOUND FOR AN EXTERIOR ELL CORNER OF SAID 243.477 ACRE TRACT AND THE COMMON SOUTHEAST CORNER OF A 245.6 ACRE TRACT OF LAND CONVEYED TO VIRGIL WREN MILLER, AS RECORDED IN VOLUME 5823, PAGE 3619, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS; THENCE, ALONG THE WEST LINE OF SAID 243.477 ACRE TRACT AND THE COMMON EAST LINE OF SAID 245.6 ACRE TRACT, WITH SAID COUNTY ROAD NO. 937, THE FOLLOWING COURSES AND DISTANCES: NORTH 12 DEGREES 06 MINUTES 31 SECONDS WEST, A DISTANCE OF 109.36 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 06 DEGREES 52 MINUTES 41 SECONDS WEST, A DISTANCE OF 258.10 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 09 DEGREES 46 MINUTES 25 SECONDS WEST, A DISTANCE OF 725.61 FEET TO A 60D NAIL FOUND FOR CORNER; NORTH 28 DEGREES 35 MINUTES 06 SECONDS WEST, A DISTANCE OF 186.41 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; NORTH 14 DEGREES 05 MINUTES 23 SECONDS WEST, A DISTANCE OF 170.86 FEET TO A 60D NAIL FOUND FOR CORNER; NORTH 00 DEGREES 03 MINUTES 33 SECONDS EAST, A DISTANCE OF 250.08 FEET TO A 60D NAIL FOUND (BENT) FOR CORNER; NORTH 02 DEGREES 44 MINUTES 20 SECONDS EAST, PASSING THE NORTH LINE OF SAID 245.6 ACRE TRACT AND THE COMMON SOUTH LINE OF AFORESAID 64 ACRE TRACT, AND CONTINUING ALONG THE WEST LINE OF SAID 243.477 ACRE TRACT AND THE COMMON EAST LINE OF SAID 64 ACRE TRACT, IN ALL, A TOTAL DISTANCE OF 254.07 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR CORNER; THENCE, NORTH 03 DEGREES 55 MINUTES 14 SECONDS EAST, CONTINUING ALONG SAID COMMON LINE, WITH SAID COUNTY ROAD NO. 937, A DISTANCE OF 923.21 FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF 11,952,682 SQUARE FEET OR 274.396 ACRES OF LAND. “THIS DOCUMENT WAS PREPARED UNDER 22 TEXAS ADMINISTRATIVE CODE §138.95, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED.” EXHIBIT B PROPOSED IMPROVEMENTS AND ESTIMATED COSTS Nature of the Authorized Improvements: The general nature of the proposed public improvements may include (a) acquisition, construction and improvements, and maintenance of the improvements, consisting of (i) street and roadway improvements, including related sidewalks, drainage, utility relocation, signalization, landscaping, lighting, signage, off-street parking and right-of-way; (ii) establishment or improvement of parks and open space, together with the design, construction of any ancillary structures, features or amenities such as trails, playgrounds, walkways, lighting and any similar items located therein; (iii) sidewalks and landscaping, including entry monuments and features, fountains, lighting and signage; (iv) acquisition, construction, and improvement of water, wastewater and drainage improvements and facilities and facilities related thereto; ( v) acquisition of real property, interests in real property, or contract rights in connection with the Authorized Improvements (as defined below); (vi) payment of costs, including, without limitation, design, engineering, permitting, legal, required payment, performance and maintenance bonds, bidding, support, construction, construction management, administrative and inspection costs, associated with developing and financing the public improvements listed in (i) through (v) above; (vii) 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”); and (b) the payment of expenses incurred in the establishment, administration, and operation of the District, including maintenance costs, costs of issuance, funding debt service and capitalized interest reserves and credit enhancement fees of any bonds issued by or on behalf of the District, if necessary. These Authorized Improvements shall promote the interests of the City and confer a special benefit upon the Property. Estimated Costs of the Authorized Improvements and Apportionment of Costs: The estimated total costs of the Authorized Improvements is $50,000,000.00, which costs shall be paid by assessment of the property owners within the proposed District. The City will not be obligated to provide any funds to finance the Authorized Improvements, other than from assessments levied on the Property. The developer of the property (the “Developer”) may also pay certain costs of the Authorized Improvements from other funds available to the Developer. Item No. 7.j. City Council Agenda Staff Report Meeting Date: 2/25/2025 Staff Contact: Bernie Parker AGENDA ITEM: Consider/Discuss/Action on adoption of 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 Sherley Farms Public Improvement District and authorizing the issuance of notice by the City Secretary of Anna, Texas, regarding the public hearing. (Director of Economic Development Bernie Parker) SUMMARY: Staff recommends adopting 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 Sherley Farms Public Improvement District and authorizing the issuance of notice by the City Secretary of Anna, Texas, regarding the public hearing. (Public Hearing will be March 25th, 2025) FINANCIAL IMPACT: The City will collect PID fees as per the City's PID policy at the amount of $10.8 Million. The development will provide major future property tax revenues undetermined at this time. BACKGROUND: The City Council approved a Development Agreement with Tellus Texas III, LLC and Sherley Partners, LTD on December 17, 2024, which stated that the city would use reasonable efforts to create a Public Improvement District (PID). The Sherly Farms Development is a 3,190 SF lot development on 1,127 acres located within the City Limits of Anna. On January 15, 2025, a PID petition was submitted for consideration, requesting a public hearing be set for March 25th, as per Texas Statute. STRATEGIC CONNECTIONS: Goal 1: Sustainable Anna Community Through Planned Managed Growth ATTACHMENTS: 1. Resolution Accepting Petition and Calling Public Hearing (Sherley Farms PID) v2 CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS COLLIN COUNTY CITY OF ANNA We, the undersigned officers of the City of Anna, Texas (the "City"), hereby certify as follows: 1. The City Council (the "Council") of the City convened in a regular meeting on February 25, 2025, at the regular designated meeting place, and the roll was called of the duly constituted officers and members of the Council, to wit: Pete Cain, Mayor Lee Miller, Council Member Stan Carver II, Mayor Pro Tem Jody Bills, Council Member Elden Baker, Deputy Mayor Pro-Tem Kelly Patterson-Herndon, Council Member Kevin Toten, Council Member Ryan Henderson, City Manager Carrie Land, City Secretary and all of said persons were present, except , thus constituting a quorum. Whereupon, among other business the following was transacted at said meeting: a written A RESOLUTION SETTING A PUBLIC HEARING UNDER SECTION 372.009 OF THE TEXAS LOCAL GOVERNMENT CODE ON THE ADVISABILITY OF THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT AND IMPROVEMENTS WITHIN THE CITY OF ANNA, TEXAS, TO BE KNOWN AS SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT AND AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY SECRETARY OF ANNA, TEXAS, REGARDING THE PUBLIC HEARING. was duly introduced for the consideration of the Council. It was then duly moved and seconded that said Resolution be passed; and, after due discussion, said motion, carrying with it the passage of said Resolution, prevailed and carried, with all members of the Council shown present above voting "Aye," except as noted below: NAYS: ABSTENTIONS: Signature Page to a Certificate for A RESOLUTION SETTING A PUBLIC HEARING UNDER SECTION 372.009 OF THE TEXAS LOCAL GOVERNMENT CODE ON THE ADVISABILITY OF THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT AND IMPROVEMENTS WITHIN THE CITY OF ANNA, TEXAS, TO BE KNOWN AS SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT AND AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY SECRETARY OF ANNA, TEXAS, REGARDING THE PUBLIC HEARING 2. A true, full, and correct copy of the aforesaid Resolution passed at the meeting described in the above and foregoing paragraph is attached to and follows this Certificate; said Resolution has been duly recorded in the Council's minutes of said meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the Council's minutes of said meeting pertaining to the passage of said Resolution; the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of the Council as indicated therein; that each of the officers and members of the Council was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the aforesaid meeting, and that said Resolution would be introduced and considered for passage at said meeting, and each of said officers and members consented, in advance, to the holding of said meeting for such purpose; and that said meeting was open to the public, and public notice of the time, place, and purpose of said meeting was given all as required by the Texas Government Code, Chapter 551. 3. The Council has approved and hereby approves the Resolution; and the Mayor and City Secretary hereby declare that their signing of this certificate shall constitute the signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED ON FEBRUARY 25, 2025. ATTEST: ___________________________________ Pete Cain, Mayor ___________________________________ Carrie Land, City Secretary (SEAL) 3 CITY OF ANNA, TEXAS RESOLUTION NO. ____________ A RESOLUTION SETTING A PUBLIC HEARING UNDER SECTION 372.009 OF THE TEXAS LOCAL GOVERNMENT CODE ON THE ADVISABILITY OF THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT AND IMPROVEMENTS WITHIN THE CITY OF ANNA, TEXAS, TO BE KNOWN AS SHERLEY FARMS PUBLIC IMPROVEMENT DISTRICT AND AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY SECRETARY OF ANNA, TEXAS, REGARDING THE PUBLIC HEARING. WHEREAS, the City of Anna, Texas (the “City”), is authorized under Chapter 372 of the Texas Local Government Code (the “Act”), to create a public improvement district within its corporate limits; and WHEREAS, on January 15, 2025, Tellus Texas III, LLC, a Texas limited liability company and Sherley Partners, Ltd., a Texas limited partnership (collectively, the “Petitioners”), being the owners 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 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, to be included within the corporate limits of the City, submitted and filed with the City Secretary (the “City Secretary”) a petition (“Petition”), attached as Exhibit A, requesting the establishment of the Sherley Farms Public Improvement District for approximately 970.482 acres of property to be included within the corporate limits of the City (the “District”); and WHEREAS, said petition described public improvements that the property desires to be made within the District; and WHEREAS, the City Council (the “City Council”) will hold a public hearing in accordance with Section 372.009 of the Act regarding the advisability of establishing the District, the nature of the improvements contemplated, the estimated costs of the improvements, the boundaries of the District, the method of assessment, and the apportionment, if any, of the costs; and WHEREAS, it is hereby officially found and determined that the meeting at which this resolution was considered was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code; and 4 WHEREAS, in order to hold a public hearing for the creation of a public improvement district, notice must be given in a newspaper of general circulation in the municipality before the 15th day before the date of the hearing, and written notice must be mailed to the current address of each owner, as reflected on the tax rolls, of property that would be subject to assessment under the proposed public improvement district; and WHEREAS, both newspaper notice and mailed notice must contain the information required for notice as provided for in Section 372.009 of the Act; and WHEREAS, the City Council has determined to hold a public hearing on March 25, 2025 on the creation of the District; and WHEREAS, the City Council finds that the passage of this Resolution is in the best interest of the citizens of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1: All of the above recitals are hereby found to be true and correct factual determinations of the City and are hereby approved and incorporated by reference as though fully set forth herein. Section 2: City Staff reviewed the Petition and determined that the same complied with the requirements of the Act and the City Council accepts the Petition. Section 3: That a public hearing is hereby called for March 25, 2025 at 6:00 p.m. at the Anna City Hall, Council Chambers, 120 W. 7th Street, Anna, Texas 75409 for the purpose of hearing public testimony with respect to the advisability of establishing the District, the nature of the improvements contemplated, the estimated costs of the improvements, the boundaries of the District, the method of assessment, and the apportionment, if any, of the costs. .Section 4: At such time and place the City Council will hear testimony regarding the creation of the proposed public improvement district and the City Council may, within its sole discretion, consider the adoption of a resolution authorizing the creation of the proposed District. Section 5: Attached hereto as Exhibit A is the Petition for Creation of the Sherley Farms Public Improvement District to be included within the City of Anna, Texas, which includes a metes and bounds description for the District. Section 6: Attached hereto as Exhibit B is a form of the Notice of Public Hearing (the “Notice”) the form and substance of which is hereby adopted and approved. Section 7: Included as part of Exhibit A hereto—as Exhibit “A” thereof—is a legal description of the 970.482 acres of property to be included in the proposed District. 5 Section 8: The City Secretary is hereby authorized and directed to cause said Notice to be published in substantially the form attached hereto, in a newspaper of general circulation in the City, and to mail a copy of said Notice to all landowners to be included within the boundaries of the proposed District as required by law. The City Secretary shall provide Notice on or before the 15th day before the March 25, 2025 hearing. Section 9: If any portion of this resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the City Council hereby determines that it would have adopted this resolution without the invalid provision. Section 10: This resolution shall be in full force and effect from and after its passage, and it is accordingly so resolved. PASSED AND APPROVED ON THIS 25TH DAY OF MARCH, 2025. ATTEST: APPROVED: ___________________________ __________________________ Carrie L. Land, City Secretary Pete Cain, Mayor A-1 EXHIBIT A Petition for Creation of Sherley Farms Public Improvement District STATE OF TEXAS § § PETITION TO ESTABLISH SHERLEY FARMS COUNTY OF COLLIN § PUBLIC IMPROVEMENT DISTRICT TO THE HONORABLE GOVERNING BODY OF THE CITY OF ANNA: COMES NOW Tellus Texas III, LLC, a Texas limited liability company and Sherley Partners, Ltd., a Texas limited partnership (the “Petitioners”), hereby requests and petitions the City of Anna (the “City”) to establish Sherley Farms Public Improvement District (the “District”) under and pursuant to the provisions of Chapter 372, Texas Local Government Code, as amended (the “Act”), on the hereinafter described property situated within the extraterritorial jurisdiction of the City, and in support thereof would respectfully show the following: I. The general nature of the proposed public improvements to be provided by the District that are necessary for the development of the Property within the District and which shall promote the interests of the City and confer a special benefit upon the Property, may include: (i) street and roadway improvements, including related sidewalks, drainage, utility relocation, signalization, landscaping, lighting, signage, off-street parking and right-of-way; (ii) establishment or improvement of parks and open space, together with the design, construction of any ancillary structures, features or amenities such as trails, playgrounds, walkways, lighting and any similar items located therein; (iii) sidewalks and landscaping, including entry monuments and features, fountains, lighting and signage; (iv) acquisition, construction, and improvement of water, wastewater and drainage improvements and facilities and facilities related thereto; (v) acquisition of real property, interests in real property, or contract rights in connection with the Authorized Improvements (as defined below); (vi) payment of costs, including, without limitation, design, engineering, permitting, legal, required payment, performance and maintenance bonds, bidding, support, construction, construction management, administrative and inspection costs, associated with developing and financing the public improvements listed in (i) through (v) above; (vii) projects similar to those listed in subsections (i) - (v) above or authorized by the Act, including similar off-site projects that provide a benefit to the property within the District; (viii) any additional improvement projects authorized in the Act; (ix) payment of costs associated with special supplemental services for improvement and promotion of the District as approved by the City including services related to advertising, promotion, health and sanitation, water and wastewater, public safety, security, business recruitment, development, recreation, and cultural enhancement; and (x) payment of costs associated with developing and financing the public improvements listed in (i) - (ix) above, as well as the interest, costs of issuance, reserve funds, or credit enhancement of bonds issued for the purposes described in (i) through (ix) above, and costs of establishing, administering and operating the District (collectively, the “Authorized Improvements”). 142096974v.2 II. The estimated costs of constructing and acquiring all of the currently proposed Authorized Improvements, together with bond issuance costs, legal and financial fees, letter of credit fees and expenses, bond credit enhancement expenses, capitalization of bond interest, the creation of a bond reserve fund, expenses incurred in the establishment, administration and operation of the District and acquisition, by purchase or otherwise, of real property or contract rights in connection with each authorized improvement, is presently estimated to be a total of approximately $300,000,000, based on the estimated current and future costs of the Authorized Improvements to serve the area within the District, as authorized by law. The total costs of the Authorized Improvements shall be paid from any revenues or assessments lawfully available to the City, anticipating that the costs of acquisition of the Authorized Improvements will be paid pursuant to a contractual reimbursement obligation or the issuance of bonds secured by and payable from a special assessment levied on all property within the District’s boundaries for the Authorized Improvements. III. The boundaries of the proposed District are fully described in Exhibit “A,” attached hereto and made a part hereof for all purposes. IV. The proposed method of assessment is to impose a special assessment to be paid in installments on all useable property within the District, net of any public right-of-way, according to the value of the property, without regard to the value of improvements on the property, or in any other manner that results in imposing equal shares of the cost on property similarly benefitted. A report will be prepared showing the special benefits accruing to property within the District and how the costs of the Authorized Improvements are assessed to property on the basis of special benefit received by the property from the Authorized Improvements. V. All costs incurred by the District shall be paid by the District, and there shall be no apportionment of costs between the District and the City as a whole. The City will not be obligated to provide any funds to finance the proposed improvements except from assessments generated by property within the District. VI. Management and administration of the District shall be by the City. The City may contract from time to time with a private company for District administrative services. VII. The individuals executing this Petition are duly authorized to execute this Petition, and the Petitioners request the establishment of the District. VIII. An Advisory Board may be established to develop and recommend an improvement plan to the City Council of the City of Anna (the “Council”). The Petitioners request that if the Council establishes an Advisory Board, that such Advisory Board should include representatives of the Petitioners or their designees. IX. This Petition has been executed for and on behalf of (i) the owners of more than 50% of the taxable real property described in said Exhibit A, representing all of the appraised value of taxable real property liable for assessment under this Petition as shown by the current roll of the Collin County Appraisal District, and (ii) the record owners of more than 50% of the real property liable for assessment under this Petition, and shall be filed with the Secretary of the City. The Petitioners own 100% of the property to be located in the District and liable for assessment. WHEREFORE, PREMISES CONSIDERED, Petitioners prays that the Council: (1) duly consider this Petition and adopt a Resolution finding (i) that this Petition complies with all legal requirements; (ii) that the proposed Authorized Improvements are necessary, advisable and will provide a public use and benefit to the City; and (iii) that the estimated costs of the improvements, the method of assessment and the apportionment of costs between the District and the City are reasonable and acceptable; (2) call a public hearing, give notice thereof as required by law and hold such hearing on the advisability of the Authorized Improvements specified in this Petition; and (3) grant all matters requested in this Petition and grant such other relief, in law or in equity, to which Petitioners shall show themselves to be entitled. [Signature pages follows] January 13 EXECUTED on this ______________, 2025. PETITIONERS: TELLUS TEXAS III, LLC, a Texas limited liability company By: Tellus-Anna, LLC, a Texas limited liability company and manager of Tellus Texas III, LLC By:______________________________ David Blom, Manager SHERLEY PARTNERS, LTD., a Texas limited partnership By: TT Sherley LLC, a Texas limited liability company, its General Partner By: _______________________________ Tasha Escoto, its manager January 13 EXHIBIT A LEGAL DESCRIPTION OF THE TRACTS SHERLEY FARMS SOUTH TRACT LEGAL DESCRIPTION 970.482 ACRES BEING a tract of land situated in the G. Morrison Survey, Abstract No. 559, the S. Moore Survey, Abstract No. 625, and the J. Fisher Survey, Abstract No. 305, in Collin County, Texas, being part of Tracts 1.1, 1.2, 1.3, 1.4, all of Tract 1.6, recorded in Volume 4466, Page 153, Deed Records, Collin County, Texas (DRCCT), and part of Tracts 1.1, 1.2, 1.3, and 1.4, recorded in Volume 4466, Page 183 DRCCT, and all of Tract 1.2, recorded in Volume 4466, Page 201 DRCCT, with the subject tract being more particularly described as follows: BEGINNING at a 1/2" iron rod found on the north line of Farm to Market Road 455, a variable width public right-of-way, for the southeast corner of a tract conveyed to Timothy P. Adams and Patricia S. Adams, recorded in Document No. 20170117000070510, Official Public Records, Collin County, Texas (OPRCCT); THENCE N 00°40'51" E, along the east line of said Adams tract, passing at 19.16 feet a 5/8" iron rod with plastic cap found for witness, continuing a total distance of 321.14 feet to a 1/2" iron rod found; THENCE N 01°18'15" E, 307.48 feet continuing along the east line thereof to a 1/2" iron rod with plastic cap found for the southeast corner of a tract conveyed to Wilcox Anna Properties, LLC, recorded in Document No. 20090225000210920 OPRCCT; THENCE N 01°02'30" E, 904.66 feet along the east line thereof, and of an east line of a tract conveyed to City of Anna recorded in Volume 5961, Page 7136 DRCCT, to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set for the southeast corner of "The Town Farm" First Tract, conveyed to MJLA Adams, Ltd., recorded in Document No. 20110505000462590 OPRCCT; THENCE N 00°56'20" E, 1597.53 feet along the east line of said MJLA Adams tract to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set for the northeast corner thereof; THENCE N 87°10'06" W, 281.88 feet along the north line of said MJLA Adams tract to a 3/8" iron rod found for the southeast corner of a tract conveyed to Equity Trust Company Custodian FBO Raj Kakarlapudi IRA and NKS Estates, LLC, recorded in Document No. 20210628001299290 OPRCCT; THENCE N 02°29'42" E, 2152.51 feet along the east line thereof to a 3/8" iron rod found on the east line of Farm to Market Road 2862, a 90-foot-wide public right-of-way; THENCE along the east line thereof, around a non-tangent curve to the left having a central angle of 20°03'34", a radius of 363.31 feet, a chord of N 12°39'47" E - 126.55 feet, an arc length of 127.20 feet; THENCE N 02°38'00" E, 324.15 feet continuing along the east line of said right-of-way to a 1/2" iron rod with plastic cap found for the southwest corner of a tract conveyed to Anna Independent School District, recorded in Volume 5816, Page 2962 DRCCT; THENCE S 88°36'00" E, 946.63 feet along the south line thereof; THENCE N 01°24'00" E, 946.63 feet along the east line of said Anna ISD tract to the intersection thereof with the south line of Farm to Market Road 2862; THENCE along the south line thereof, the following: S 88°36'00" E, 1840.60 feet; S 87°35'00" E, 950.82 feet; S 87°54'00" E, 852.06 feet; S 88°23'00" E, 1005.18 feet; And a tangent curve to the left having a central angle of 61°39'58", a radius of 363.31 feet, a chord of N 60°47'01" E - 372.42 feet, an arc length of 391.02 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set for a westerly corner of a tract conveyed to Larry Kropman Bennett and Jill Rae Bennett, recorded in Volume 1718, Page 193 DRCCT, and from which a 5/8" iron rod with plastic cap found bears N 17°37'19" E, 154.65 feet (a chord bearing and distance); THENCE S 02°42'15" W, 147.06 feet along the west line of said Bennett tract to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; THENCE S 88°34'52" E, along the south line of said Bennett tract, passing at 317.47 feet a 3/8" iron rod found for the southwest corner of a tract conveyed to the Nagamanohar Javvaji and Chaya Javvaji Living Trust, recorded in Document No. 20160209000150410 OPRCCT, continuing a total distance of 1164.17 feet to a 1/2" iron rod found for the southeast corner thereof; THENCE N 01°54'20" W, 404.61 feet along the east line thereof to a 1/2" iron rod with plastic cap found for the southwest corner of a tract conveyed to Jacob Knettel and Alexandra T. Knettel, recorded in Document No. 20160902001176800 OPRCCT; THENCE N 88°51'58" E, 711.14 feet along the south line thereof to a 1/2" iron rod with plastic cap found for the upper southwest corner of a tract conveyed to Bobby R. Beall and Mary Reloa Beall, Trustees of the Beall Family Living Trust, recorded in Volume 5842, Page 1374 DRCCT; THENCE N 89°53'22" E, 543.59 feet along the upper south line thereof to a fence post found; THENCE S 00°43'46" W, 1256.27 feet along a westerly line of said Beall tract to a 1/2" iron rod found for a northwesterly corner of a tract conveyed to JDI Investors, LP, recorded in Document No. 20141016001133750 OPRCCT; THENCE S 00°27'02" W, 1121.81 feet, generally along a fence and along a westerly line of said JDI tract to a fence post found; THENCE N 89°10'40" W, 1167.05 feet, generally along a fence and along a southerly line of said JDI tract to a fence post found; THENCE S 00°10'31" E, 1608.22 feet, generally along a fence and along a westerly line of said JDI tract to a 1/2" iron rod found for the northeast corner of a tract conveyed to WKG Enterprises, Ltd., recorded in Volume 4478, Page 2546 DRCCT; THENCE N 88°26'32" W, 1013.41 feet along the north line thereof to a 1/2" iron rod found for the northeast corner of a tract conveyed to Miles and Bobbi Martin, recorded in Document No. 20220331000521330 OPRCCT; THENCE N 88°01'21" W, 524.66 feet along the north line thereof to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; THENCE N 87°54'42" W, continuing along the north line of said Martin tract, passing at 261.79 feet a 3/4" iron pipe found for the northeast corner of a tract conveyed to Zen Assets LLC, recorded in Document No. 2022000142528 OPRCCT, and continuing along the north line thereof a total distance of 523.20 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; THENCE S 00°57'28" W, 2078.20 feet along the west line thereof to a 1/2" iron rod found for the southwest corner of said Zen Assets tract, being a bend point in County Road 424, a public road; THENCE S 00°31'42" E, 913.32 feet along said road to a 60d nail found for a bend point thereof; THENCE N 88°34'43" W, 435.86 feet continuing along said road to a point for the intersection of County Road 424 with the north line of Farm to Market Road 455; THENCE along the north line of said right-of-way, the following: N 00°51'24" E, 46.08 feet to a wood highway monument; N 89°08'36" W, 1080.65 feet to a wood highway monument; A tangent curve to the left having a central angle of 03°40'00", a radius of 5774.58 feet, a chord of S 89°01'24" W - 369.48 feet, an arc length of 369.55 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; N 02°48'36" W, 5.00 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; S 87°11'24" W, 1677.79 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; S 88°35'24" W, 857.61 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; S 87°45'48" W, 346.50 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; And S 88°35'24" W, 209.16 feet to the POINT OF BEGINNING with the subject tract containing 42,274,206 square feet or 970.482 acres of land. SHERLEY FARMS NORTH TRACT LEGAL DESCRIPTION 153.110 ACRES BEING a tract of land situated in the J. Farris Survey, Abstract No. 330, and the S. Moore Survey, Abstract No. 625, in Collin County, Texas, being part of Tract 1.7, recorded in Volume 4466, Page 153, Deed Records, Collin County, Texas (DRCCT), and part of Tracts 1.5 and 1.6, recorded in Volume 4466, Page 183 DRCCT, and all of Tract 1.1, recorded in Volume 4466, Page 201 DRCCT, with the subject tract being more particularly described as follows: BEGINNING at a 1/2" iron rod with plastic cap stamped "SPIARSENG" set on the north line of Farm to Market Road 2862, a called 90-foot-wide right-of-way, for the southeast corner of the "First Tract" conveyed to Daniel W. Koen and Sue Ann Burleson-Koen, recorded in Document No. 93-0107055 DRCCT, from which a 1/2" iron rod found bears N 88°36'00" W, 1326.83 feet; THENCE N 01°09'20" E, 958.23 feet along the common line thereof to a fence post found for a southwest corner of a tract conveyed to 3Mc Joint Venture, recorded in Volume 3670, Page 174 DRCCT; THENCE along the common line thereof the following: S 87°43'06" E, 1297.37 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; N 01°31'00" E, 90.36 feet to a point on the bank of a reservoir; N 01°23'00" E, 892.67 feet to a point on the bank of a reservoir; N 00°54'00" E, 297.22 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; And N 01°19'00" E, passing at 346.16 feet a 1/2" iron rod found for witness, being on the south line of County Road 427, a public road, continuing into said road a total distance of 363.52 feet to a point for corner; THENCE S 88°36'15" E, 2111.97 feet along said road to a point for corner being the northwest corner of a tract conveyed to Tina Trimbur, recorded in Volume 5570, Page 1829 DRCCT; THENCE S 01°46'06" W, 515.24 feet along the west line thereof to a 1/2" iron rod found for the northwest corner of a tract conveyed to Todd O'Brien Hannan and Kimberly Michele Hannan, co-trustees of the TKSL Tattoo Revocable Trust, recorded in Document No. 20210422000816440, Official Public Records, Collin County, Texas; THENCE along the west line thereof, the following: S 02°08'00" W, 125.96 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; S 01°43'00" W, 589.97 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; S 01°36'00" W, 319.63 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; And S 01°07'00" W, 163.58 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set on the north line of Farm to Market Road 2862, and from which a 1" iron rod found bears S 71°47'28" W, 1.15 feet; THENCE along the north line of said Farm to Market Road, the following: A non-tangent curve to the left having a central angle of 29°26'09", a radius of 363.31 feet, a chord of S 15°56'04" W - 184.61 feet, an arc length of 186.65 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; S 01°13'00" W, 446.03 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; A tangent curve to the right having a central angle of 90°24'00", a radius of 273.31 feet, a chord of S 46°25'00" W - 387.87 feet, an arc length of 431.22 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; N 88°23'00" W, 1004.80 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; N 87°54'00" W, 851.44 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; N 87°35'00" W, 951.37 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; And N 88°36'00" W, 266.77 feet to the POINT OF BEGINNING with the subject tract containing 6,669,493 square feet or 153.110 acres of land. B-1 EXHIBIT B CITY OF ANNA, TEXAS NOTICE OF PUBLIC HEARING REGARDING THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT Pursuant to Section 372.009(c) and (d) of the Texas Local Government Code, as amended (the “Act”), notice is hereby given that the City Council of the City of Anna, Texas (“City”), will hold a public hearing to accept public comments and discuss the petition (the “Petition”), filed by Tellus Texas III, LLC, a Texas limited liability company and Sherley Partners, Ltd., a Texas limited partnership (collectively, the “Petitioners”), requesting that the City create the Sherley Farms Public Improvement District (the “District”) to include property owned by the Petitioners and further described herein (the “Property”). Time and Place of the Hearing. The public hearing will start at 6:00 p.m. on March 25, 2025 at the Anna City Hall, Council Chambers, 120 W. 7th Street, Anna, Texas 75409. General Nature of the Proposed Authorized Improvements. The proposed public improvements may include: (i) street and roadway improvements, including related sidewalks, drainage, utility relocation, signalization, landscaping, lighting, signage, off-street parking and right-of-way; (ii) establishment or improvement of parks and open space, together with the design, construction of any ancillary structures, features or amenities such as trails, playgrounds, walkways, lighting and any similar items located therein; (iii) sidewalks and landscaping, including entry monuments and features, fountains, lighting and signage; (iv) acquisition, construction, and improvement of water, wastewater and drainage improvements and facilities and facilities related thereto; (v) acquisition of real property, interests in real property, or contract rights in connection with the Authorized Improvements (as defined below); (vi) payment of costs, including, without limitation, design, engineering, permitting, legal, required payment, performance and maintenance bonds, bidding, support, construction, construction management, administrative and inspection costs, associated with developing and financing the public improvements listed in (i) through (v) above; (vii) projects similar to those listed in subsections (i) - (v) above or authorized by the Act, including similar off-site projects that provide a benefit to the property within the District; (viii) any additional improvement projects authorized in the Act; (ix) payment of costs associated with special supplemental services for improvement and promotion of the District as approved by the City including services related to advertising, promotion, health and sanitation, water and wastewater, public safety, security, business recruitment, development, recreation, and cultural enhancement; and (x) payment of costs associated with developing and financing the public improvements listed in (i) - (ix) above, as well as the interest, costs of issuance, reserve funds, or credit enhancement of bonds issued for the purposes described in (i) through (ix) above, and costs of establishing, administering and operating the District (collectively, the “Authorized Improvements”); and (b) the payment of expenses incurred in the establishment, administration, and operation of the District, including maintenance costs, costs of issuance, funding debt service and capitalized interest reserves and credit enhancement fees of any bonds B-2 issued by or on behalf of the District, if necessary. These Authorized Improvements shall promote the interests of the City and confer a special benefit upon the Property. Estimated Cost of the Authorized Improvements. The estimated cost to design, acquire and construct the Authorized Improvements, together with bond issuance costs, eligible legal and financial fees, eligible credit enhancement costs and eligible costs incurred in establishment, administration and operation of the District is approximately $300,000,000. Proposed District Boundaries. The District is proposed to include approximately 970.482 acres of land to be included within the city limits of the City and as more particularly described by a metes and bounds description available for public inspection at the office of the City Secretary, 120 W. 7th Street, Anna, Texas 75409. Proposed Method of Assessment. The City shall levy assessments on each parcel within the District in a manner that results in imposing equal shares of the costs on property similarly benefited. All assessments may be paid in full at any time (including interest and principal), and certain assessments may be paid in annual installments (including interest and principal). If an assessment is allowed to be paid in installments, then the installments must be paid in amounts necessary to meet annual costs for those Authorized Improvements financed by the assessment, and must continue for a period necessary to retire the indebtedness of those Authorized Improvements (including interest). Proposed Apportionment of Cost between the District and the City. The City will not be obligated to provide any funds to finance the Authorized Improvements, except for assessments levied on real property within the District. No municipal property in the District shall be assessed. All of the costs of the Authorized Improvements will be paid from assessments and from other sources of funds, if any, available to the Petitioner. During the public hearing, any interested person may speak for or against the establishment of the District and the advisability of the improvements to be made for the benefit of the property within the District. Item No. 7.k. City Council Agenda Staff Report Meeting Date: 2/25/2025 Staff Contact: Bernie Parker AGENDA ITEM: Consider/Discuss/Action on adoption of an Ordinance of the City Council of the City of Anna, Texas amending Ordinance No. 1118-2024-08, which Ordinance approved a 2024 Amended and Restated Service and Assessment Plan, including revised Assessment Rolls, for The Woods at Lindsey Place Public Improvement District in accordance with Chapter 372, Texas Local Government Code, as amended; Levying Special Assessments against Property within Improvement Area #2 of said District and Establishing a Lien on such Property; providing for the Method of Assessment and the Payment of the Assessments in accordance with Chapter 372, Texas Local Government Code, as amended; Providing Penalties and Interest on Delinquent Assessments; Providing for Severability, and Providing an Effective Date. (Director of Economic Development Bernie Parker) SUMMARY: Staff recommends the City Council adopt an ordinance amending Ordinance No. 1118- 2024-08, which Ordinance approved a 2024 Amended and Restated Service and Assessment Plan, including revised Assessment Rolls, for The Woods at Lindsey Place Public Improvement District in accordance with Chapter 372, Texas Local Government Code, as amended; Levying Special Assessments against Property within Improvement Area #2 of said District and Establishing a Lien on such Property; providing for the Method of Assessment and the Payment of the Assessments in accordance with Chapter 372, Texas Local Government Code, as amended; Providing Penalties and Interest on Delinquent Assessments; Providing for Severability, and Providing an Effective Date. FINANCIAL IMPACT: The city will receive approximately $3.23 million in PID fees. BACKGROUND: On February 14, 2023, the City Council passed and approved Resolution No. 2023-02- 1379 authorizing the establishment of the District in accordance with the PID Act, which authorization was effective upon publication as required by the PID Act. The purpose of the District is to finance the Actual Costs of Authorized Improvements that confer a special benefit on approximately 198.006 acres located within the corporate limits of the City, as described by the legal description on Exhibit L-1 and depicted on Exhibit A-1. (Of the Attached PSAP Document from P3) On March 14, 2023, the City Council approved the Original Service and Assessment Plan and levied the Improvement Area #1 Assessments to finance the Improvement Area #1 Projects to be constructed for the benefit of the Improvement Area #1 Assessed Property within the District by approving Ordinance No. 1036-2023-03. The Original Service and Assessment Plan identified the Improvement Area #1 Authorized Improvements to be provided by the District, the costs of the Improvement Area #1 Authorized Improvements, the indebtedness to be incurred for the Improvement Area #1 Authorized Improvements, and the manner of assessing the property in the District for the costs of the Improvement Area #1 Authorized Improvements. The City also adopted an Assessment Roll for Improvement Area #1, identifying the Assessment on each Lot Type within Improvement Area #1, based on the method of assessment identified in the Original Service and Assessment Plan. On September 12, 2023, the City Council approved the 2023 Amended and Restated Service and Assessment Plan which served to amend and restate the Original Service and Assessment Plan in its entirety for the purposes of (1) issuing the Improvement Area #1 Bonds; and (2) updating the Improvement Area #1 Assessment Roll. On August 27, 2024, the City Council approved the 2024 Amended and Restated Service and Assessment Plan serves to amend and restate the 2023 Amended and Restated Service and Assessment Plan in part to levy new assessments on Improvement Area 2-A and Improvement Area #2-B. However, said ordinance did not include many of the typical findings and details normally contained in an ordinance levying additional assessments. In order to avoid any potential complications with the Office of the Attorney General, Bond Counsel recommends that City Council amend Ordinance No. 1118-2024-08 in its entirety to include the typical findings and provisions the OAG is accustomed to reviewing in the actual body of the ordinance. This is a ministerial action item and does not include any changes to the SAP, assessments amounts, or any financial terms or timing of the assessments. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique and Vibrant. ATTACHMENTS: 1. Ordinance Amending Assessment Ordinance v1 CITY OF ANNA, TEXAS ORDINANCE NO. _____-2025-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS AMENDING ORDINANCE NO. 1118-2024-08, WHICH ORDINANCE APPROVED A 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN, INCLUDING REVISED ASSESSMENT ROLLS, FOR THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT IN ACCORDANCE WITH CHAPTER 372, TEXAS LOCAL GOVERNMENT CODE, AS AMENDED; LEVYING SPECIAL ASSESSMENTS AGAINST PROPERTY WITHIN IMPROVEMENT AREA #2 OF SAID DISTRICT AND ESTABLISHING A LIEN ON SUCH PROPERTY; PROVIDING FOR THE METHOD OF ASSESSMENT AND THE PAYMENT OF THE ASSESSMENTS IN ACCORDANCE WITH CHAPTER 372, TEXAS LOCAL GOVERNMENT CODE, AS AMENDED; PROVIDING PENALTIES AND INTEREST ON DELINQUENT ASSESSMENTS; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council (the “City Council”) of the City of Anna, Texas (the “City”) on August 27, 2024 previously adopted Ordinance No. 1118-2024-08, entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING A 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN, INCLUDING REVISED ASSESSMENT ROLLS, FOR THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT IN ACCORDANCE WITH CHAPTER 372, TEXAS LOCAL GOVERNMENT CODE, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE” (the “Original Ordinance”); and WHEREAS, the City Council now desires to amend the Original Ordinance to make additional findings and to further detail the manner in which the Assessments (as defined in the Original Ordinance) levied therein shall be apportioned, the method of payment of the Assessments, and other details relating to the Assessments pursuant to Sections 372.015 and 372.017, Texas Local Government Code, as amended; and WHEREAS, it is hereby officially found, determined and declared that the meeting at which this Ordinance has been adopted was open to the public, and public notice of the date, hour, place and subject of said meeting, including this Ordinance, was given, all as required by the applicable provisions of Chapter 551, Texas Government Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: 1. The City Council of the Issuer hereby incorporates the recitals set forth in the preamble hereto as if set forth in full at this place and further finds and determines that said recitals are true and correct. 2. The Original Ordinance is hereby amended in its entirety to read as follows: RECITALS WHEREAS, on February 14, 2023, the City Council conducted a public hearing to consider a petition received by the City on January 17, 2023 titled “Petition for the Creation of a Public Improvement District Within the City of Anna, Texas” requesting the creation of a public improvement district; and WHEREAS, on February 14, 2023, the City Council approved Resolution No. 2023-02-1378 (the “Authorization Resolution”), authorizing, establishing and creating The Woods at Lindsey Place Public Improvement District (the “District”), which Authorization Resolution has been recorded as Document No. 2023000015008 in the Land Records of Collin County, Texas (the “County”); and WHEREAS, the City authorized the creation of the District and funding up to $55,000,000.00 in costs for the District to finance certain public improvements authorized by the Act for the benefit of the property within the District (the “Authorized Improvements”); and WHEREAS, on March 14, 2023, after proper notice and hearing in accordance with the Act, the City Council adopted Ordinance No. 1036-2023-03 (the “2023 Assessment Ordinance”) levying Assessments against the Improvement Area #1 Assessed Property within the District pursuant to a Service and Assessment Plan (the “Original Service and Assessment Plan”), which ordinance was recorded as Document No. 2023000070650 in the Land Records of the County; and WHEREAS, on September 12, 2023, after proper notice and hearing in accordance with the Act, the City Council adopted Ordinance No. 1073-2023 (the “2023 Bond Ordinance”) adopting a “2023 Amended & Restated Service and Assessment Plan”, which replaced in its entirety the Original Service and Assessment Plan, which 2023 Bond Ordinance was recorded as Document No. 2023000107559 in the Land Records of the County; and WHEREAS, on August 13, 2024, the City Council adopted a resolution determining total costs of certain authorized public improvements within Improvement Area #2 of the District, approving a “2024 Preliminary Amended & Restated Service and Assessment Plan” (the “Preliminary SAP”), including the proposed assessment rolls attached thereto (the “Proposed Assessment Rolls”), and directing the publication and mailing of notice of a public hearing (the “Assessment Hearing”) to consider an ordinance levying assessments on property within Improvement Area #2 of the District (the “Assessments”); and WHEREAS, the City Secretary filed the Proposed Assessment Rolls and made the same available for public inspection; and WHEREAS, the City Secretary, pursuant to Section 372.016(c) of the PID Act, mailed the notice of the Assessment Hearing to the last known address of the owners of the property liable for the Assessments; and WHEREAS, the City Secretary, pursuant to Section 372.016(b) of the PID Act, published notice of the Assessment Hearing on August 15, 2024 in the Herald Democrat, a newspaper of general circulation in the City and the extra-territorial jurisdiction of the City where the authorized improvements will be constructed; and WHEREAS, the City Council convened the Assessment Hearing on August 27, 2024, at which all persons who appeared, or requested to appear, in person or by their attorney, were given the opportunity to contend for or contest the Proposed Assessment Rolls, and the proposed Assessments, and to offer testimony pertinent to any issue presented on the amount of the Assessments, the allocation of the Actual Costs of the authorized public improvements to be undertaken for the benefit of the Assessed Property within the District (the “Improvement Area #2 Authorized Improvements”), the purposes of the Assessments, the special benefits of the Assessments, and the penalties and interest on annual installments and on delinquent annual installments of the Assessments; and WHEREAS¸ the owners of 100% of the property subject to the proposed assessment within the District (the “Landowners”) had actual knowledge of the Assessment Hearing to be held on August 27, 2024, and supported the creation of the District and the levy of assessments against the property in accordance with the Preliminary SAP to finance the Improvement Area #2 Authorized Improvements for benefit of the property within Improvement Area #2 of the District; and WHEREAS, the City Council finds and determines that the Assessment Rolls and “The Woods at Lindsey Place Public Improvement District 2024 Amended & Restated Service and Assessment Plan”, dated August 27, 2024 (the “2024 A&R Service and Assessment Plan”), attached as Exhibit A and incorporated as a part of this Ordinance for all purposes, should be approved and that the Assessments should be levied as provided in this Ordinance and the 2024 A&R Service and Assessment Plan, including the Assessment Rolls attached thereto as Exhibits F-1, G-1 and G-3 (the “Assessment Rolls”); and WHEREAS, the City Council further finds that there were no objections or evidence submitted to the City Secretary in opposition to the 2024 A&R Service and Assessment Plan, the allocation of the Actual Costs of the Improvement Area #2 Authorized Improvements as described in the 2024 A&R Service and Assessment Plan, the Assessment Rolls, and the levy of the Assessments; and WHEREAS, at the Assessment Hearing, the Landowners, or their representatives, who are the persons to be assessed pursuant to this Ordinance, appeared in support of the levy of the Assessments against their property located within Improvement Area #2 of the District; and WHEREAS, the City Council closed the hearing, and, after considering all written and documentary evidence presented at the hearing, including all written comments and statements filed with the City, determined to proceed with the adoption of this Ordinance in conformity with the requirements of the PID Act; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. Terms. Terms not otherwise defined herein are defined in the 2024 A&R Service and Assessment Plan. Section 2. Findings. The City Council hereby finds, determines, and ordains, as follows: (a) The recitals set forth in the WHEREAS clauses of this Ordinance are true and correct and are hereby incorporated by reference and made a part of this Ordinance for all purposes as if the same were restated in full in this Section and constitute findings of the City Council acting in its discretionary, legislative capacity; (b) All actions of the City in connection with the creation and establishment of the District and the approval of this Ordinance: (i) have been taken and performed in compliance with the PID Act and all other applicable laws, policies, and procedures; (ii) have been taken and performed in a regular, proper and valid manners; and (iii) are approved and ratified; (c) The apportionment of the Actual Costs of the Improvement Area #2 Authorized Improvements (as reflected in the 2024 A&R Service and Assessment Plan, and the Annual Collection Costs pursuant to the 2024 A&R Service and Assessment Plan) is fair and reasonable, reflects an accurate presentation of the special benefit each assessed Parcel will receive from the construction of the Improvement Area #2 Authorized Improvements identified in the 2024 A&R Service and Assessment Plan, and is hereby approved; (d) The 2024 A&R Service and Assessment Plan covers a period of at least five years and defines the annual indebtedness and projected costs for the Improvement Area #2 Authorized Improvements; (e) The 2024 A&R Service and Assessment Plan apportions the Actual Cost(s) of the Improvement Area #2 Authorized Improvements to be assessed against certain property in Improvement Area #2 of the District and such apportionment is made on the basis of special benefits accruing to the property because of the Improvement Area #2 Authorized Improvements; (f) All of the Improvement Area #2-A Assessed Property being assessed in the amounts shown on the Improvement Area #2-A Assessment Roll will be benefited by the Improvement Area #2-A Authorized Improvements proposed to be constructed as described in the 2024 A&R Service and Assessment Plan, and each Parcel of Improvement Area #2-A Assessed Property will receive special benefits equal to or greater than the total amount assessed for the Improvement Area #2-A Authorized Improvements; (g) All of the Improvement Area #2-B Assessed Property being assessed in the amounts shown on the Improvement Area #2-B Assessment Roll will be benefited by the Improvement Area #2-B Authorized Improvements proposed to be constructed as described in the 2024 A&R Service and Assessment Plan, and each Parcel of Improvement Area #2-B Assessed Property will receive special benefits equal to or greater than the total amount assessed for the Improvement Area #2-B Authorized Improvements; (h) The method of apportionment of the Actual Costs of the Improvement Area #2 Authorized Improvements and Annual Collection Costs set forth in the 2024 A&R Service and Assessment Plan results in imposing equal shares of the Actual Costs of the Improvement Area #2 Authorized Improvements and Annual Collection Costs on property similarly benefited, and results in a reasonable classification and formula for the apportionment of the Actual Costs; (i) The 2024 A&R Service and Assessment Plan has been prepared on behalf of, presented to, and reviewed by the City Council and should be approved as the service plan and assessment plan for the District for all purposes as described in Sections 372.013 and 372.014 of the PID Act; (j) The Assessment Rolls should be approved as the Assessment Rolls for the District, including without limitation Improvement Area #2 of the District; (k) The provisions of the 2024 A&R Service and Assessment Plan Plan relating to due and delinquency dates for the Assessments, interest on Annual Installments, interest and penalties on delinquent Assessments and delinquent Annual Installments, and procedures in connection with the imposition and collection of Assessments should be approved and will expedite collection of the Assessments in a timely manner in order to provide the services and improvements needed and required for Improvement Area #2 within the District; and (l) A written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public for the time required by law preceding this meeting, as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter hereof has been discussed, considered, and formally acted upon. Section 3. Assessment Plan. The 2024 A&R Service and Assessment Plan, including the updated Assessment Rolls contained therein, in the form attached as Exhibit A is hereby approved pursuant to Sections 372.013 and 372.014 of the PID Act and the same is incorporated as part of this Ordinance as if fully set forth in the body of this Ordinance. The attached 2024 A&R Service and Assessment Plan is hereby adopted as the Annual Update for 2024. The 2204 A&R Service and Assessment Plan shall be updated by the City Council no less frequently than annually as required by the PID Act and more frequently as may be required by the 2024 A&R Service and Assessment Plan including upon the issuance of PID Bonds. Section 4. Assessment Rolls. The Assessment Rolls are hereby accepted and approved pursuant to Section 372.016 of the PID Act as the Assessment Rolls of the District. Section 5. Levy and Payment of Assessments for Actual Costs of the Improvement Area #2 Authorized Improvements. (a) The City Council hereby levies the Assessments on each Parcel of property (excluding Non-Benefitted Property) located within the District, as shown and described in the 2024 A&R Service and Assessment Plan and the Assessment Rolls, in the respective amounts shown in the 2024 A&R Service and Assessment Plan as special assessments as set forth in the Assessment Rolls. (b) The levy of the Assessments shall be effective on the date of execution of this Ordinance levying Assessments and shall be collected and enforced strictly in accordance with the terms of the 2024 A&R Service and Assessment Plan and the PID Act. (c) The collection of the Assessments shall be as described in the 2024 A&R Service and Assessment Plan and the PID Act. (d) Each Assessment may be prepaid in whole or in part at any time without penalty or may be paid in Annual Installments pursuant to the terms of the 2024 A&R Service and Assessment Plan. (e) Each Assessment shall bear interest at the rate or rates specified in the 2024 A&R Service and Assessment Plan. (f) Each Annual Installment shall be collected each year in the manner set forth in the 2024 A&R Service and Assessment Plan. (g) The Actual Costs for Assessed Property shall be calculated pursuant to the terms of the 2024 A&R Service and Assessment Plan. Section 6. Method of Assessment. The method of apportioning the Actual Costs of the Authorized Improvements and Annual Collection Costs are set forth in the 2024 A&R Service and Assessment Plan. Section 7. Penalties and Interest on Delinquent Assessments. Delinquent Assessments shall be subject to the penalties, interest, procedures, and foreclosure sales set forth in the 2024 A&R Service and Assessment Plan and as allowed by law. Section 8. Prepayments of Assessments. As provided in the 2024 A&R Service and Assessment Plan, the owner of any Assessed Property may prepay the Assessments levied by this Ordinance. Section 9. Lien Priority. The City Council and the Landowners intend for the obligations, covenants and burdens on the Assessed Property, including without limitation such Landowners’ obligations related to payment of the Assessments and the Annual Installments thereof, to constitute covenants that shall run with the land. The Assessments and the Annual Installments thereof which are levied hereby shall be binding upon the assessed parties, as the owners of Assessed Property, and their respective transferees, legal representatives, heirs, devisees, successors and assigns, regardless of whether such owners are named, in the same manner and for the same period as such parties would be personally liable for the payment of ad valorem taxes under applicable law. Assessments shall have lien priority as specified in the 2024 A&R Service and Assessment Plan and the PID Act. Section 10. Applicability of Tax Code. To the extent not inconsistent with this Ordinance, and not inconsistent with the PID Act or the other laws governing public improvement districts, the provisions of the Texas Tax Code, as amended, shall be applicable to the imposition and collection of Assessments by the City. Section 11. Severability. If any provision, section, subsection, sentence, clause, or phrase of this Ordinance, or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining portions of this Ordinance or the application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the governing body of the City in adopting this Ordinance that no portion hereof, or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness, or invalidity of any other portion hereof, and all provisions of this Ordinance are declared to be severable for that purpose. Section 12. Filing in Land Records. The City Secretary is directed to cause a copy of this Ordinance, including the 2024 A&R Service and Assessment Plan, to be recorded in the Land Records of Collin County, Texas, on or before March 4, 2025. The City Secretary is further directed to similarly file each Annual Service Plan Update approved by the City Council, with each such filing to occur within seven days of the date each respective Annual Service Plan Update is approved. Section 13. Effective Date. This Ordinance shall take effect immediately from and after its passage in accordance with applicable law. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THIS 25th DAY OF FEBRUARY, 2025. _____________________________ ATTEST: Pete Cain, Mayor ____________________________ Carrie L. Land, City Secretary THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 0 AUSTIN, TX | NORTH RICHLAND HILLS, TX | HOUSTON, TX The Woods at Lindsey Place Public Improvement District 2024 AMENDED & RESTATED SERVICE AND ASSESSMENT PLAN AUGUST 27, 2024 Exhibit A THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 1 TABLE OF CONTENTS Table of Contents ........................................................................................................................1 Introduction ................................................................................................................................3 Section I: Definitions ...................................................................................................................5 Section II: The District ...............................................................................................................16 Section III: Authorized Improvements .......................................................................................16 Section IV: Service Plan .............................................................................................................23 Section V: Assessment Plan .......................................................................................................23 Section VI: Terms of the Assessments .......................................................................................30 Section VII: Assessment Roll ......................................................................................................36 Section VIII: Additional Provisions .............................................................................................37 Section IX: Additional Updates ..................................................................................................39 Exhibits .....................................................................................................................................42 Appendices ...............................................................................................................................43 Exhibit A-1 – Map of the District ................................................................................................44 Exhibit A-2 – Map of Improvement Area #1, Improvement Area #2 & Remainder Area .............45 Exhibit A-3 – Final Plat of Improvement Area #1 .......................................................................46 Exhibit A-4 – Preliminary Plat of Improvement Area #2-A..........................................................50 Exhibit A-5 – Preliminary Plat of Improvement Area #2-B ..........................................................52 Exhibit A-6 – Lot Type Classification Map ..................................................................................54 Exhibit B-1 – Project Costs .........................................................................................................57 Exhibit B-2 – Major Improvements Apportionment of Costs ......................................................58 Exhibit B-3 – Improvement Area #2 Allocation of Costs .............................................................59 Exhibit C – Service Plan .............................................................................................................60 Exhibit D – Sources and Uses of Funds ......................................................................................61 Exhibit E – Maximum Assessment and Tax Rate Equivalent .......................................................62 Exhibit F-1 – Improvement Area #1 Assessment Roll .................................................................63 Exhibit F-2 – Improvement Area #1 Annual Installment .............................................................69 Exhibit G-1 – Improvement Area #2-A Assessment Roll .............................................................70 Exhibit G-2 – Projected Improvement Area #2-A Annual Installment .........................................71 Exhibit G-3 – Improvement Area #2-B Assessment Roll .............................................................72 Exhibit G-4 – Projected Improvement Area #2-B Annual Installment .........................................73 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 2 Exhibit H-1 – Maps of Major Improvements ..............................................................................74 Exhibit H-2 – Maps of Improvement Area #1 Improvements .....................................................78 Exhibit H-3 – Maps of Improvement Area #2 Improvements, Improvement Area #2-A Improvements, and Improvement Area #2-B Improvements .....................................................82 Exhibit I – Form of Notice of Assessment Termination...............................................................85 Exhibit J – Debt Service Schedule for Improvement Area #1 Bonds ...........................................88 Exhibit L-1 – District Legal Description .......................................................................................89 Exhibit L-2 – Improvement Area #1 Legal Description ................................................................93 Exhibit L-3 – Improvement Area #2-A Legal Description ............................................................97 Exhibit L-4 – Improvement Area #2-B Legal Description ............................................................99 Exhibit L-5 – Remainder Area Legal Description ....................................................................... 104 Appendix A – Improvement Area #2 Invoice Summary Table .................................................. 105 Appendix B – Buyer Disclosures............................................................................................... 107 The Woods at Lindsey Place Public Improvement District Buyer Disclosure Improvement Area #1 Lot Type 1........................................................................................................................... 108 The Woods at Lindsey Place Public Improvement District Buyer Disclosure Improvement Area #1 Lot Type 2........................................................................................................................... 114 The Woods at Lindsey Place Public Improvement District Buyer Disclosure Improvement Area #2-A Initial Parcel .................................................................................................................... 120 The Woods at Lindsey Place Public Improvement District Buyer Disclosure Improvement Area #2-A Lot Type 3 ....................................................................................................................... 126 The Woods at Lindsey Place Public Improvement District Buyer Disclosure Improvement Area #2-B Initial Parcel .................................................................................................................... 132 The Woods at Lindsey Place Public Improvement District Buyer Disclosure Improvement Area #2-B Lot Type 4 ....................................................................................................................... 138 The Woods at Lindsey Place Public Improvement District Buyer Disclosure Improvement Area #2-B Lot Type 5 ....................................................................................................................... 144 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 3 INTRODUCTION Capitalized terms used in this 2024 Amended and Restated Service and Assessment Plan shall have the meanings given to them in Section I unless otherwise defined in this 2024 Amended and Restated Service and Assessment Plan or unless the context in which a term is used clearly requires a different meaning. Unless otherwise defined, a reference to a “Section”, “Exhibit”, or an “Appendix” shall be a reference to a Section of this 2024 Amended and Restated Service and Assessment Plan or an Exhibit or Appendix attached to and made a part of this 2024 Amended and Restated Service and Assessment Plan for all purposes. On February 14, 2023, the City Council passed and approved Resolution No. 2023-02-1379 authorizing the establishment of the District in accordance with the PID Act, which authorization was effective upon publication as required by the PID Act. The purpose of the District is to finance the Actual Costs of Authorized Improvements that confer a special benefit on approximately 198.006 acres located within the corporate limits of the City, as described by the legal description on Exhibit L-1 and depicted on Exhibit A-1. On March 14, 2023, the City Council approved the Original Service and Assessment Plan and levied the Improvement Area #1 Assessments to finance the Improvement Area #1 Projects to be constructed for the benefit of the Improvement Area #1 Assessed Property within the Distri ct by approving Ordinance No. 1036-2023-03. The Original Service and Assessment Plan identified the Improvement Area #1 Authorized Improvements to be provided by the District, the costs of the Improvement Area #1 Authorized Improvements, the indebtedness to be incurred for the Improvement Area #1 Authorized Improvements, and the manner of assessing the property in the District for the costs of the Improvement Area #1 Authorized Improvements. The City also adopted an Assessment Roll for Improvement Area #1, identifying the Assessment on each Lot Type within Improvement Area #1, based on the method of assessment identified in the Original Service and Assessment Plan. On September 12, 2023, the City Council approved the 2023 Amended and Restated Service and Assessment Plan which served to amend and restate the Original Service and Assessment Plan in its entirety for the purposes of (1) issuing the Improvement Area #1 Bonds; and (2) updating the Improvement Area #1 Assessment Roll. This 2024 Amended and Restated Service and Assessment Plan serves to amend and restate the 2023 Amended and Restated Service and Assessment Plan in its entirety for the purposes of (1) identifying the Improvement Area #2 Authorized Improvements to be provided by the District; (2) identifying the costs of the Improvement Area #2 Authorized Improvements (3) identifying the indebtedness to be incurred for the Improvement Area #2 -A Authorized Improvements, and the manner of assessing the Improvement Area #2-A Assessed Property for the costs of the THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 4 Improvement Area #2-A Authorized Improvements; (4) identifying the indebtedness to be incurred for the Improvement Area #2-B Authorized Improvements, and the manner of assessing the Improvement Area #2-B Assessed Property for the costs of the Improvement Area #2-B Authorized Improvements; (5) levying the Improvement Area #2-A Assessments for Improvement Area #2-A Assessed Property; (6) levying the Improvement Area #2-B Assessments for Improvement Area #2 -B Assessed Property; (7) updating the Improvement Area #1 Assessment Roll; (8) approving the Improvement Area #2-A Assessment Roll; and (9) approving the Improvement Area #2-B Assessment Roll. The PID Act requires a Service Plan must (i) cover a period of at least five years ; (ii) define the annual indebtedness and projected cost of the Authorized Improvements ; and (iii) include a copy of the notice form required by Section 5.014 of the Texas Property Code, as amended. The Service Plan is contained in Section IV and the notice form is attached as Appendix B. The PID Act requires that the Service Plan include an Assessment Plan that assesses the Actual Costs of the Authorized Improvements against the Assessed Property within the District based on the special benefits conferred on such property by the Authorized Improvements. The Assessment Plan is contained in Section V. The PID Act requires an Assessment Roll that states the Assessment against each Parcel as determined by the method chosen by the City Council. The Assessment against each Parcel of Assessed Property must be sufficient to pay the share of the Actual Costs of the Authorized Improvements apportioned to such Parcel and cannot exceed the special benefit conferred on the Parcel by such Authorized Improvements. The Improvement Area #1 Assessment Roll is included as Exhibit F-1. The Improvement Area #2-A Assessment Roll is included as Exhibit G-1. The Improvement Area #2-B Assessment Roll is included as Exhibit G-3. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 5 SECTION I: DEFINITIONS “2023 Amended and Restated Service and Assessment Plan” means The Woods at Lindsey Place Public Improvement District Amended and Restated Service and Assessment Plan which is to replace in its entirety the Original Service and Assessment Plan. “2023 Assessment Ordinance” means Ordinance No. 1036-2023-03 approved and adopted by the City Council on March 14, 2023, which levied the Improvement Area #1 Assessment against Improvement Area #1, and approved the Original Service and Assessment Plan. “2024 Amended and Restated Service and Assessment Plan” means this The Woods at Lindsey Place Public Improvement District Amended and Restated Service and Assessment Plan which is to replace in its entirety the 2023 Amended and Restated Service and Assessment Plan. “2024 Assessment Ordinance” means Ordinance No. ___________ approved and adopted by the City Council on August 27, 2024, which levied the Improvement Area #2-A Assessment against Improvement Area #2-A, levied the Improvement Area #2-B Assessment against Improvement Area #2-B, and approved this 2024 Amended and Restated Service and Assessment Plan. “Actual Costs” mean with respect to Authorized Improvements, the actual costs of constructing or acquiring such Authorized Improvements, paid by or on behalf of the Developer (either directly or through affiliates), including: (1) the costs for the design, planning, financing, administration/management, acquisition, installation, construction and/or implementation of such Authorized Improvements; (2) the fees paid for obtaining permits, licenses, or other governmental approvals for such Authorized Improveme nts; (3) the costs for external professional services, such as engineering, geotechnical, surveying, land planning, architectural landscapers, appraisals, legal, accounting, and similar professional services; (4) the costs for all labor, bonds, and materials, including equipment and fixtures, by contractors, builders, and materialmen engaged in connection with the acquisition, construction, or implementation of the Authorized Improvements; (5) all related permitting and public approval expenses, architectural, engineering, consulting, and governmental fees and charges and (6) costs to implement, administer, and manage the above‐described activities including, but not limited to, a construction management fee equal to four percent (4%) of construction costs i f managed by or on behalf of the Developer. “Additional Interest” means the amount collected by the application of the Additional Interest Rate. “Additional Interest Rate” means the 0.50% additional interest rate that may be charged on Assessments securing PID Bonds pursuant to Section 372.018 of the PID Act. The Additional THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 6 Interest Rate is not charged on Assessments securing the Improvement Area #2-A Reimbursement Obligation or Improvement Area #2-B Reimbursement Obligation. “Administrator” means the City or independent firm designated by the City who shall have the responsibilities provided in this 2024 Amended and Restated Service and Assessment Plan, any Indenture, or any other agreement or document approved by the City related to the duties and responsibilities of the administration of the District. The initial Administrator is P3Works, LLC. “Annual Collection Costs” mean the actual or budgeted costs and expenses related to the operation of the District, including, but not limited to, costs and expenses for: (1) the Administrator; (2) City staff; (3) legal counsel, engineers, accountants, financial advisors, and other consultants engaged by the City; (4) calculating, collecting, and maintaining records with respect to Assessments and Annual Installments; (5) preparing and maintaining records with respect to Assessment Rolls and Annual Service Plan Updates; (6) paying and redeeming PID Bonds; (7) investing or depositing Assessments and Annual Installments; (8) complying with this 2024 Amended and Restated Service and Assessment Plan, the PID Act, and any Indenture, with respect to the PID Bonds, including the City’s continuing disclosure requirements; and (9) the paying agent/registrar and Trustee in connection with PID Bonds, including their respective legal counsel. Annual Collection Costs collected but not expended in any year shall be carried forward and applied to reduce Annual Collection Costs for subsequent years. “Annual Installment” means the annual installment payment of an Assessment as calculated by the Administrator and approved by the City Council, that includes: (1) the principal amount of any Assessment; (2) the interest associated with any Assessment; (3) Additional Interest related to the PID Bonds, if applicable; and (4) Annual Collection Costs. “Annual Service Plan Update” means an update to this 2024 Amended and Restated Service and Assessment Plan prepared no less frequently than annually by the Administrator and approved by the City Council. “Apportioned Property” means any Parcel within the District against which the costs of the Authorized Improvements are apportioned based on special conferred benefit and against which an Assessment is anticipated to be levied, but not yet levied. “Apportionment of Costs” means an amount allocated by this 2024 Amended and Restated Service and Assessment Plan to a Parcel within the District for Actual Costs of Authorized Improvements, other than Non-Benefited Property and Non-Assessed Property, subject to a future levy of Assessments by the City, as shown on Exhibit B-2, and also subject to reallocation upon the subdivision of such Parcel or reduction according to the provisions herein and in the PID Act. “Assessed Property” means any Parcel within the District against which an Assessment is levied. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 7 “Assessment” means an assessment levied against Assessed Property, other than Non-Benefited Property and Non-Assessed Property, to pay the costs of certain Authorized Improvements as specified herein, which Assessment is imposed pursuant to an Assessment Ordinance and the provisions herein, as shown on an Assessment Roll, and is subject to reallocation upon the subdivision of such Assessed Property or reduction according to the provisions herein and in the PID Act. “Assessment Ordinance” means an ordinance adopted by the City Council in accordance with the PID Act that levies an Assessment on the Assessed Property, as shown on any Assessment Roll. “Assessment Plan” means the methodology employed to assess the Actual Costs of the Authorized Improvements against the Assessed Property based on the special benefits conferred on such property by the Authorized Improvements, more specifically set forth and described in Section V. “Assessment Roll” means any assessment roll for the Assessed Property, including the Improvement Area #1 Assessment Roll, the Improvement Area #2-A Assessment Roll, and the Improvement Area #2-B Assessment Roll, as updated, modified or amended from time to time in accordance with the procedures set forth herein and in the PID Act, including updates prepared in connection with the issuance of PID Bonds , if issued, or any Annual Service Plan Update. “Authorized Improvements” means the improvements authorized by Section 372.003 of the PID Act, as depicted on Exhibit H-1, Exhibit H-2, and Exhibit H-3, and described in Section III. “Bond Issuance Costs” means the costs associated with issuing PID Bonds, including but not limited to attorney fees, financial advisory fees, consultant fees, appraisal fees, printing costs, publication costs, capitalized interest, reserve fund requirements, underwriter’s disc ount, fees charged by the Texas Attorney General, and any other cost or expense incurred by the City directly associated with the issuance of any series of PID Bonds. “City” means the City of Anna, Texas. “City Council” means the governing body of the City. “County” means Collin County, Texas. “Delinquent Collection Costs” mean costs related to the foreclosure on Assessed Property and the costs of collection of delinquent Assessments, delinquent Annual Installments, or any other delinquent amounts due under this 2024 Amended and Restated Service and Assessment Plan including penalties and reasonable attorney’s fees actually paid, but excluding amounts representing interest and penalty interest. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 8 “Developer” means D.R. Horton – Texas, LTD., a Texas limited partnership, and any successors or assignees thereof that intends to develop the property in the District for the ultimate purpose of transferring title to end-users. “District” means The Woods at Lindsey Place Public Improvement District containing approximately 198.006 acres located within the corporate limits of the City, and more specifically described in Exhibit L-1 and depicted on Exhibit A-1. “District Formation Costs” means the costs associated with forming the District, including, but not limited to, attorney fees, and any other cost or expense incurred by the City or Developer directly associated with the establishment of the District. “Engineer’s Report” means a report provided by a licensed professional engineer that identifies the Authorized Improvements, including their costs, location, and benefit, and is attached hereto as Appendix A. “Estimated Buildout Value” means the estimated value of an Assessed Property or Apportioned Property, as applicable, with fully constructed buildings, as provided by the Developer and confirmed by the City Council, by considering such factors as density, lot size, proximity to amenities, view premiums, location, market conditions, historical sales, builder contracts, discussions with homebuilders, reports from third party consultants, or any other factors that , in the judgment of the City, may impact value. The Estimated Buildout Value for each Lot Type is shown on Exhibit E. “Improvement Area #1” means approximately 57.444 acres located within the District, more specifically described in Exhibit L-2, and depicted on Exhibit A-2. “Improvement Area #1 Annual Installment” means the Annual Installment of the Improvement Area #1 Assessment as calculated by the Administrator and approved by the City Council, that includes: (1) principal; (2) interest; (3) Additional Interest related to Improvement Area #1 Bonds; and (4) Annual Collection Costs, as shown on Exhibit F-2. “Improvement Area #1 Assessed Property” means any Parcel within Improvement Area #1 against which an Improvement Area #1 Assessment is levied. “Improvement Area #1 Assessment” means an Assessment levied against Improvement Area #1 Assessed Property to pay the Actual Costs of the Improvement Area #1 Authorized Improvements, which Improvement Area #1 Assessment is imposed pursuant to the 2023 Assessment Ordinance and the provisions herein, as shown on the Improvement Area #1 Assessment Roll, and is subject to reallocation upon the subdivision of such Parcel or reduction pursuant to the provisions set forth in Section VI herein and in the PID Act. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 9 “Improvement Area #1 Assessment Roll” means the Assessment Roll for the Improvement Area #1 Assessed Property, as updated, modified or amended from time to time in accordance with the procedures set forth herein and in the PID Act, including any updates prepared in connection with the issuance of PID Bonds or any Annual Service Plan Updates. The Improvement Area #1 Assessment Roll is included in this 2024 Amended and Restated Service and Assessment Plan as Exhibit F-1. “Improvement Area #1 Authorized Improvements” means, collectively, (1) the Improvement Area #1 Projects; (2) Bond Issuance Costs associated with the issuance of the Improvement Area #1 Bonds; and (3) the first year’s Annual Collection Costs related to the Improvement Area #1 Bonds. “Improvement Area #1 Bonds” means those certain “City of Anna, Texas Special Assessment Revenue Bonds, Series 2023 (The Woods at Lindsey Place Public Improvement District Improvement Area #1 Projects)” that are secured by Improvement Area #1 Assessments. “Improvement Area #1 Improvements” means the Authorized Improvements which only benefit the Improvement Area #1 Assessed Property , as further described in Section III.B and depicted on Exhibit H-2. “Improvement Area #1 Initial Parcel” means all of the Improvement Area #1 Assessed Property against which the entire Improvement Area #1 Assessment was levied at the time of the City Council approved the 2023 Assessment Ordinance. “Improvement Area #1 Projects” means, collectively (1) the pro rata portion of the Major Improvements allocable to Improvement Area #1; and (2) the Improvement Area #1 Improvements. “Improvement Area #2” means approximately 53.8 acres located within the District, as more specifically depicted on Exhibit A-2. Improvement Area #2 is comprised of Improvement Area #2- A, as more specifically described in Exhibit L-3, and Improvement Area #2-B, as more specifically described in Exhibit L-4. “Improvement Area #2 Authorized Improvements” means, collectively, (1) the Improvement Area #2-A Authorized Improvements; and (2) the Improvement Area #2-B Authorized Improvements. “Improvement Area #2 Bonds” means one or more series of PID Bonds expected to be issued in calendar year 2024, and secured by Improvement Area #2-A Assessments and Improvement Area #2-B Assessments. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 10 “Improvement Area #2 Improvements” mean those Authorized Improvements that confer a special benefit to all of the Improvement Area #2-A Assessed Property and Improvement Area #2-B Assessed Property, as further described in Section III.C and depicted on Exhibit H-3. “Improvement Area #2 Projects” means, collectively, (1) the Improvement Area #2-A Projects; and (2) the Improvement Area #2-B Projects. “Improvement Area #2-A” means approximately 29.229 acres located within Improvement Area #2 of the District, as more specifically described in Exhibit L-3, and depicted on Exhibit A-4. “Improvement Area #2-A Annual Installment” means the Annual Installment of the Improvement Area #2-A Assessment as calculated by the Administrator and approved by the City Council, that includes: (1) principal; (2) interest; (3) Additional Interest, if applicable; and (4) Annual Collection Costs related to Improvement Area #2-A. Additional Interest is not charged on the Assessments which secure the Improvement Area #2-A Reimbursement Obligation, but will be included in the event Improvement Area #2 Bonds are issued. “Improvement Area #2-A Assessed Property” means any Parcel within Improvement Area #2-A against which an Improvement Area #2 -A Assessment is levied. “Improvement Area #2-A Assessment” means an Assessment expected to be levied against Improvement Area #2-A Assessed Property to pay the Actual Costs of the Improvement Area #2- A Authorized Improvements, which Improvement Area #2-A Assessment is imposed pursuant to an Assessment Ordinance and the provisions herein, as shown on the Improvement Area #2 -A Assessment Roll, and is subject to reallocation upon the subdivision of such Parcel or reduction pursuant to the provisions set forth in Section VI herein and in the PID Act. “Improvement Area #2-A Assessment Roll” means the Assessment Roll for the Improvement Area #2-A Assessed Property, as updated, modified or amended from time to time in accordance with the procedures set forth herein and in the PID Act, including any updates prepared in connection with the issuance of PID Bonds or any Annual Service Plan Updates. The Improvement Area #2-A Assessment Roll is included in this 2024 Amended and Restated Service and Assessment Plan as Exhibit G-1. “Improvement Area #2-A Authorized Improvements” means, collectively, (1) the Improvement Area #2-A Projects; (2) Bond Issuance Costs associated with the issuance of the Improvement Area #2 Bonds allocable to Improvement Area #2-A; and (3) the first year’s Annual Collection Costs related to the Improvement Area #2 Bonds, if issued, allocable to Improvement Area #2-A. “Improvement Area #2-A Improvements” means the Authorized Improvements that confer a special benefit to all the Improvement Area #2-A Assessed Property, as further described in Section III.D and depicted on Exhibit H-3. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 11 “Improvement Area #2-A Initial Parcel” means all of the Improvement Area #2-A Assessed Property against which the entire Improvement Area #2-A Assessment is levied, as shown on the Improvement Area #2-A Assessment Roll. “Improvement Area #2-A Projects” means, collectively, (1) the pro rata portion of the Major Improvements allocable to Improvement Area #2-A; (2) the pro rata portion of the Improvement Area #2 Improvements allocable to Improvement Area #2-A; and (3) the Improvement Area #2- A Improvements. “Improvement Area #2-A Reimbursement Agreement” means that certain “The Woods at Lindsey Place Public Improvement District Improvement Area #2-A Reimbursement Agreement” or similar agreement, entered into by and between the City and the Developer, either directly or through affiliates, in which the Developer agrees to construct the Improvement Area #2-A Projects and to fund certain Actual Costs of the Improvement Area #2-A Projects and the City agrees to (i) pay directly or reimburse the Developer for Actual Costs of Improvement Area #2-A Projects from the proceeds of Improvement Area #2 Bonds, if issued, in accordance with the PID Act, this 2024 Amended and Restated Service and Assessment Plan and the applicable Indenture, and/or (ii) reimburse the Developer for certain Actual Costs of Improvement Area #2-A Projects not paid by proceeds of Improvement Area #2 Bonds solely from the revenue collected from Improvement Area #2-A Assessment, including Improvement Area #2-A Annual Installments, but subordinate to any lien on the Improvement Area #2-A Assessment pledged to the payment of Improvement Area #2 Bonds. “Improvement Area #2-A Reimbursement Obligation” means an amount not to exceed $1,807,000.00 secured by the Improvement Area #2-A Assessment to be paid to the Developer pursuant to the Improvement Area #2-A Reimbursement Agreement. The projected Improvement Area #2-A Annual Installments for the Improvement Area #2-A Reimbursement Obligation are shown on Exhibit G-2. “Improvement Area #2-B” means approximately 27.474 acres located within Improvement Area #2 of the District, as more specifically described in Exhibit L-4, and depicted on Exhibit A-5. “Improvement Area #2-B Annual Installment” means the Annual Installment of the Improvement Area #2-B Assessment as calculated by the Administrator and approved by the City Council, that includes: (1) principal; (2) interest; (3) Additional Interest, if applicable; and (4) Annual Collection Costs related to Improvement Area #2-B. Additional Interest is not charged on the Assessments which secure the Improvement Area #2-B Reimbursement Obligation, but will be included in the event Improvement Area #2 Bonds are issued. “Improvement Area #2-B Assessed Property” means any Parcel within Improvement Area #2-B against which an Improvement Area #2-B Assessment is levied. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 12 “Improvement Area #2-B Assessment” means an Assessment expected to be levied against Improvement Area #2-B Assessed Property to pay the Actual Costs of the Improvement Area #2- B Authorized Improvements, which Improvement Area #2-B Assessment is imposed pursuant to an Assessment Ordinance and the provisions herein, as shown on the Improvement Area #2-B Assessment Roll, and is subject to reallocation upon the subdivision of such Parcel or reduction pursuant to the provisions set forth in Section VI herein and in the PID Act. “Improvement Area #2-B Assessment Roll” means the Assessment Roll for the Improvement Area #2-B Assessed Property, as updated, modified or amended from time to time in accordance with the procedures set forth herein and in the PID Act, including any updates prepared in connection with the issuance of PID Bonds or any Annual Service Plan Updates. The Improvement Area #2-B Assessment Roll is included in this 2024 Amended and Restated Service and Assessment Plan as Exhibit G-3. “Improvement Area #2-B Authorized Improvements” means, collectively, (1) the Improvement Area #2-B Projects; (2) Bond Issuance Costs associated with the issuance of the Improvement Area #2 Bonds allocable to Improvement Area #2-B; and (3) the first year’s Annual Collection Costs related to the Improvement Area #2 Bonds, if issued, allocable to Improvement Area #2-B. “Improvement Area #2-B Improvements” means the Authorized Improvements that confer a special benefit to all the Improvement Area #2-B Assessed Property, as further described in Section III.E and depicted on Exhibit H-3. “Improvement Area #2-B Initial Parcel” means all of the Improvement Area #2-B Assessed Property against which the entire Improvement Area #2-B Assessment is levied, as shown on the Improvement Area #2-B Assessment Roll. “Improvement Area #2-B Projects” means, collectively, (1) the pro rata portion of the Major Improvements allocable to Improvement Area #2-B; (2) the pro rata portion of the Improvement Area #2 Improvements allocable to Improvement Area #2-B; and (3) the Improvement Area #2-B Improvements. “Improvement Area #2-B Reimbursement Agreement” means that certain “The Woods at Lindsey Place Public Improvement District Improvement Area #2-B Reimbursement Agreement” or similar agreement, entered into by and between the City and the Developer, either directly or through affiliates, in which the Developer agrees to construct the Improvement Area #2-B Projects and to fund certain Actual Costs of the Improvement Area #2-B Projects and the City agrees to (i) pay directly or reimburse the Developer for Actual Costs of Improvement Area #2-B Projects from the proceeds of Improvement Area #2 Bonds, if issued, in accordance with the PID Act, this 2024 Amended and Restated Service and Assessment Plan and the applicable Indenture, and/or (ii) reimburse the Developer for certain Actual Costs of Improvement Area #2-B Projects THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 13 not paid by proceeds of Improvement Area #2 Bonds solely from the revenue collected from Improvement Area #2-B Assessment, including Improvement Area #2-B Annual Installments, but subordinate to any lien on the Improvement Area #2-B Assessment pledged to the payment of Improvement Area #2 Bonds. “Improvement Area #2-B Reimbursement Obligation” means an amount not to exceed $4,040,000.00 secured by the Improvement Area #2-B Assessment to be paid to the Developer pursuant to the Improvement Area #2-B Reimbursement Agreement. The projected Improvement Area #2-B Annual Installments for the Improvement Area #2-B Reimbursement Obligation are shown on Exhibit G-4. “Indenture” means an Indenture of Trust entered into between the City and the Trustee in connection with the issuance of each series of PID Bonds, as amended or supplemented from time to time, between the City and the Trustee setting forth the terms and conditions related to a series of PID Bonds. “Lot” means (1) for any portion of the District for which a final subdivision plat has been recorded in the Plat or Official Public Records of the County, a tract of land described by “lot” in such subdivision plat; and (2) for any portion of the District for which a subdivision plat has not been recorded in the Plat or Official Public Records of the County, a tract of land anticipated to be described as a “lot” in a final recorded subdivision plat as shown on a concept plan or a preliminary plat. A “lot” shall not include real property owned by a government entity, even if such property is designated as a separate described tract or lot on a recorded subdivision plat. “Lot Type” means a classification of final building Lots with similar characteristics (e.g., lot size, home product, Estimated Buildout Value, etc.), as determined by the Administrator and confirmed by the City Council. In the case of single-family residential Lots, the Lot Type shall be further defined by classifying the residential Lots by the Estimated Buildout Value of the Lot as provided by the Developer, and confirmed by the City Council, as shown on Exhibit E, and the anticipated Lot Type classification map is identified on Exhibit A-6. The buyer disclosure for each Lot Type is attached in Appendix B. “Lot Type 1” means a Lot within Improvement Area #1 marketed to homebuilders as a 50’ Lot. The buyer disclosure for Lot Type 1 is attached in Appendix B. “Lot Type 2” means a Lot within Improvement Area #1 marketed to homebuilders as a 60’ Lot. The buyer disclosure for Lot Type 2 is attached in Appendix B. “Lot Type 3” means a Lot within Improvement Area #2 marketed to homebuilders as a 60’ Lot. The buyer disclosure for Lot Type 3 is attached in Appendix B. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 14 “Lot Type 4” means a Lot within Improvement Area #2 marketed to homebuilders as a 40’ Lot. The buyer disclosure for Lot Type 4 is attached in Appendix B. “Lot Type 5” means a Lot within Improvement Area #2 marketed to homebuilders as a 50’ Lot. The buyer disclosure for Lot Type 5 is attached in Appendix B. “Major Improvements” mean those Authorized Improvements that confer a special benefit to all of the Assessed Property, Apportioned Property, and Non-Assessed Property, as further described in Section III.A and depicted on Exhibit H-1. “Maximum Assessment” means for each Lot, an Assessment equal to the lesser of (1) the amount calculated pursuant to Section VI.A, or (2) for each Lot Type, the amount shown on Exhibit E. “Non-Assessed Property” means Parcels located outside the boundary of the District that accrue special benefit from the Authorized Improvements, as determined by the City Council, but are not assessed. The Non-Assessed Property consists of multifamily area of approximately 36.5 acres and commercial area of approximately 4.3 acres. The Developer has agreed to pay for the portion of the Actual Costs of the Authorized Improvements that benefit the Non -Assessed Property. “Non-Benefited Property” means Parcels within the boundaries of the District that accrue no special benefit from the Authorized Improvements as determined by the City Council. “Notice of Assessment Termination” means a document that shall be recorded in the Official Public Records of the County evidencing the termination of an Assessment, a form of which is attached as Exhibit I. “Original Service and Assessment Plan” means The Woods at Lindsey Place Public Improvement District Service and Assessment Plan that was approved by the City Council on March 14, 2023. “Parcel” or “Parcels” means a specific property within the District identified by either a tax parcel identification number assigned by the Collin Central Appraisal District for real property tax purposes, by legal description, or by lot and block number in a final subdivision plat recorded in the Official Public Records of the County, or by any other means determined by the City. “PID Act” means Chapter 372, Texas Local Government Code, as amended. “PID Bonds” means any bonds issued by the City in one or more series and secured in whole or in part by Assessments. “Prepayment” means the payment of all or a portion of an Assessment before the due date of the final Annual Installment thereof. Amounts received at the time of a Prepayment which represent a payment of principal, interest, or penalties on a delinquent installment of an THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 15 Assessment are not to be considered a Prepayment, but rather are to be treated as the payment of the regularly scheduled Annual Installment. “Prepayment Costs” means interest, including Additional Interest and Annual Collection Costs to the date of Prepayment. “Private Improvements” means improvements required to be constructed, or caused to be constructed, by the Developer to deliver final Lots and that are not Authorized Improvements. Costs of the Private Improvements will not be paid nor reimbursed from the proceeds of PID Bonds or otherwise from revenues received from the collection of Annual Installments. “Remainder Area” means approximately 86.762 acres located within the District and entirely outside of Improvement Area #1 and Improvement Area #2, as more specifically described on Exhibit L-5 and depicted on Exhibit A-2, to be developed as one or more future improvement areas. “Remainder Area Apportioned Property” means any Parcel within the Remainder Area, other than Non-Benefited Property and Non-Assessed Property, against which a portion of the Actual Costs of the Remainder Area Projects are apportioned based on special conferred benefit, and against which an Assessment is expected to be levied, but not yet levied. “Remainder Area Apportionment of Costs” means an Apportionment of Costs against the Remainder Area Apportioned Property for the Remainder Area Projects, as shown on Exhibit B- 2, subject to (1) reallocation upon the subdivision of such Parcel or reduction according to the provisions herein and in the PID Act; and (2) a future levy of Assessments by the City. “Remainder Area Projects” means the pro rata portion of the Major Improvements allocable to the Remainder Area. “Service Plan” covers a period of at least five years and defines the annual indebtedness and projected costs of the Authorized Improvements , more specifically described in Section IV. “Trustee” means the trustee or successor trustee under an Indenture. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 16 SECTION II: THE DISTRICT The District includes approximately 198.006 contiguous acres located within the corporate limits of the City, the boundaries of which are more particularly described by the legal description on Exhibit L-1 and depicted on Exhibit A-1. Development of the District is anticipated to include approximately 951 Lots developed with 860 Lots classified as single-family and 91 Lots classified as townhome. Improvement Area #1 includes approximately 57.444 contiguous acres, the boundaries of which are more particularly described by the legal description on Exhibit L-2 and depicted on Exhibit A- 2. Development of Improvement Area #1 includes 218 Lots developed with single-family homes (188 single-family homes classified as Lot Type 1, and 30 single-family homes classified as Lot Type 2). Improvement Area #2 includes approximately 56.703 acres, the boundaries of which are more particularly depicted on Exhibit A-2. Improvement Area #2 is comprised of (1) Improvement Area 2-A, as more particularly described by the legal description on Exhibit L-3 and depicted on Exhibit A-4, consisting of approximately 29.229 contiguous acres ; and (2) Improvement Area #2-B, as more particularly described by the legal description on Exhibit L-4 and depicted on Exhibit A-5, consisting of approximately 27.474 contiguous acres. Development of Improvement Area #2-A is anticipated to include approximately 48 Lots developed with single-family homes (48 single- family homes classified as Lot Type 3) and Improvement Area #2-B is anticipated to include approximately 123 Lots developed with single-family homes (26 single-family homes classified as Lot Type 4, and 97 single-family homes classified as Lot Type 5). The Remainder Area includes approximately 83.859 contiguous acres. Development of the Remainder Area is anticipated to include approximately 535 Lots developed with 444 Lots classified as single-family homes and 91 Lots classified as townhomes. SECTION III: AUTHORIZED IMPROVEMENTS The City, based on information provided by the Developer and its engineer and reviewed by the City staff and by third-party consultants retained by the City, has determined that the Authorized Improvements confer a special benefit on the Assessed Property, Apportioned Property, and Non-Assessed Property. Authorized Improvements will be designed and constructed in accordance with the City’s standards and specifications and will be owned and operated by the City. The budget for the Authorized Improvements is shown on Exhibit B-1, the allocation of the Major Improvements costs is shown on Exhibit B-2, and the allocation of the Improvement Area #2 costs is shown on Exhibit B-3. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 17 A. Major Improvements ▪ Excavation Excavation improvements include excavation, intersections, and re -vegetation of all disturbed areas within the right-of-way benefiting the entire District. ▪ Sanitary Sewer Sanitary Sewer improvements include trench excavation and embedment, trench safety, PVC piping, manholes, concrete easement, stub outs to future developments, testing, related earthwork, erosion control, and all necessary appurtenances required to provide sanitary sewer service to the entire District. ▪ Storm Sewer Storm Sewer improvements include earthen channels, swales, RCP piping and boxes, manholes, curb and drop inlets, headwalls, concrete flumes, rock rip rap, stub outs to future developments, testing, related earthwork, erosion control, and all necessary appurtenances required to provide storm drainage to the entire District. ▪ Water Water improvements include trench excavation and embedment, trench safety, PVC piping, stub outs to future developments, testing, related earthwork, erosion control, and all necessary appurtenances required to provide water service to the entire District. ▪ Paving Paving improvements include subgrade stabilization, concrete and reinforcing steel for roadways, testing, and handicapped ramps, related earthworks, intersections, and re - vegetation of all disturbed areas within the right-of-way of the District. ▪ Soft Costs Includes costs related to designing, constructing, and installing the Major Improvements including land planning and design, City fees, engineering, soil testing, survey, construction management, contingency, legal costs, consultants, District Formation Costs, and costs associated with financing the Major Improvements. B. Improvement Area #1 Improvements ▪ Erosion Control Improvements including silt fences, inlet protection, rock check dams, drill seeding, soil retention blankets, biodegradable erosion control logs, and construction exit/entrances THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 18 necessary to provide erosion control for all Lots within Improvement Area #1. ▪ Excavation Excavation improvements include related earthworks, excavation, intersections, and re- vegetation of all disturbed areas within the right-of-way of Improvement Area #1. ▪ Sanitary Sewer Sanitary Sewer improvements include trench excavation and embedment, trench safety, PVC piping, manholes, concrete easement, stub outs to future developments, testing, related earthwork, erosion control, and all necessary appurtenances required to provide sanitary sewer service for all Lots within Improvement Area #1. ▪ Storm Sewer Storm Sewer improvements include earthen channels, swales, RCP piping and boxes, manholes, curb and drop inlets, headwalls, concrete flumes, rock rip rap, stub outs to future developments, testing, related earthwork, erosion control, and all necessary appurtenances required to provide storm drainage for all Lots within Improvement Area #1. ▪ Water Water improvements include trench excavation and embedment, trench safety, PVC piping, stub outs to future developments, testing, related earthwork, erosion control, and all necessary appurtenances required to provide water service for all Lots within Improvement Area #1. ▪ Paving Roadway improvements include subgrade stabilization, concrete and reinforcing steel for roadways, testing, and handicapped ramps, related earthworks, intersections, and re - vegetation of all disturbed areas within the right-of-way of Improvement Area #1. ▪ Street Lights Improvements including traffic signage, streetlights, and stop lights are included. These traffic and lighting improvements will provide a benefit to all Lots within Improvement Area #1. ▪ Soft Costs Includes costs related to designing, constructing, and installing the Improvement Area #1 Improvements including land planning and design, City fees, engineering, soil testing, THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 19 survey, construction management, contingency, legal costs, consultants, and costs associated with financing the Improvement Area #1 Improvements. C. Improvement Area #2 Improvements ▪ Excavation Excavation improvements include related earthworks, excavation, intersections, and re - vegetation of all disturbed areas within the right-of-way of Improvement Area #2. ▪ Sanitary Sewer Sanitary Sewer improvements include trench excavation and embedment, trench safety, PVC piping, manholes, concrete easement, stub outs to future developments, testing, related earthwork, erosion control, and all necessary appurtenances required to provide sanitary sewer service for all Lots within Improvement Area #2. ▪ Storm Sewer Storm Sewer improvements include earthen channels, swales, RCP piping and boxes, manholes, curb and drop inlets, headwalls, concrete flumes, rock rip rap, stub outs to future developments, testing, related earthwork, erosion control, and all necessary appurtenances required to provide storm drainage for all Lots within Improvement Area #2. ▪ Water Water improvements include trench excavation and embedment, trench safety, PVC piping, stub outs to future developments, testing, related earthwork, erosion control, and all necessary appurtenances required to provide water service for all Lots within Improvement Area #2. ▪ Paving Roadway improvements include subgrade stabilization, concrete and reinforcing steel for roadways, testing, and handicapped ramps, related earthworks, intersections, and re - vegetation of all disturbed areas within the right-of-way of Improvement Area #2. ▪ Soft Costs Includes costs related to designing, constructing, and installing the Improvement Area #2 Improvements including land planning and design, City fees, engineering, soil testing, survey, construction management, contingency, legal costs, consultants, and costs associated with financing the Improvement Area #2 Improvements. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 20 D. Improvement Area #2 -A Improvements ▪ Erosion Control Improvements including silt fences, inlet protection, rock check dams, drill seeding, soil retention blankets, biodegradable erosion control logs, and construction exit/entrances necessary to provide erosion control for all Lots within Improvement Area #2-A. ▪ Excavation Excavation improvements include related earthworks, excavation, intersections, and re - vegetation of all disturbed areas within the right-of-way of Improvement Area #2-A. ▪ Sanitary Sewer Sanitary Sewer improvements include trench excavation and embedment, trench safety, PVC piping, manholes, concrete easement, stub outs to future developments, testing, related earthwork, erosion control, and all necessary appurtenances required to provide sanitary sewer service for all Lots within Improvement Area #2-A. ▪ Storm Sewer Storm Sewer improvements include earthen channels, swales, RCP piping and boxes, manholes, curb and drop inlets, headwalls, concrete flumes, rock rip rap, stub outs to future developments, testing, related earthwork, erosion control, and all necessary appurtenances required to provide storm drainage for all Lots within Improvement Area #2-A. ▪ Water Water improvements include trench excavation and embedment, trench safety, PVC piping, stub outs to future developments, testing, related earthwork, erosion control, and all necessary appurtenances required to provide water service for all Lots within Improvement Area #2-A. ▪ Paving Roadway improvements include subgrade stabilization, concrete and reinforcing steel for roadways, testing, and handicapped ramps, related earthworks, intersections, and re - vegetation of all disturbed areas within the right-of-way of Improvement Area #2-A. ▪ Street Lights Improvements including traffic signage, streetlights, and stop lights are included. These traffic and lighting improvements will provide a benefit to all Lots within Improvement THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 21 Area #2-A. ▪ Soft Costs Includes costs related to designing, constructing, and installing the Improvement Area #2- A Improvements including land planning and design, City fees, engineering, soil testing, survey, construction management, contingency, legal costs, consultants, and costs associated with financing the Improvement Area #2-A Improvements. E. Improvement Area #2 -B Improvements ▪ Erosion Control Improvements including silt fences, inlet protection, rock check dams, drill seeding, soil retention blankets, biodegradable erosion control logs, and construction exit/entrances necessary to provide erosion control for all Lots within Improvement Area #2-B. ▪ Excavation Excavation improvements include related earthworks, excavation, intersections, and re - vegetation of all disturbed areas within the right-of-way of Improvement Area #2-B. ▪ Sanitary Sewer Sanitary Sewer improvements include trench excavation and embedment, trench safety, PVC piping, manholes, concrete easement, stub outs to future developments, testing, related earthwork, erosion control, and all necessary appurtenances required to provide sanitary sewer service for all Lots within Improvement Area #2-B. ▪ Storm Sewer Storm Sewer improvements include earthen channels, swales, RCP piping and boxes, manholes, curb and drop inlets, headwalls, concrete flumes, rock rip rap, stub outs to future developments, testing, related earthwork, erosion control, and all necessary appurtenances required to provide storm drainage for all Lots within Improvement Area #2-B. ▪ Water Water improvements include trench excavation and embedment, trench safety, PVC piping, stub outs to future developments, testing, related earthwork, erosion control, and all necessary appurtenances required to provide water service for all Lots within Improvement Area #2-B. ▪ Paving THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 22 Roadway improvements include subgrade stabilization, concrete and reinforcing steel for roadways, testing, and handicapped ramps, related earthworks, intersections, and re - vegetation of all disturbed areas within the right-of-way of Improvement Area #2-B. ▪ Street Lights Improvements including traffic signage, streetlights, and stop lights are included. These traffic and lighting improvements will provide a benefit to all Lots within Improvement Area #2-B. ▪ Soft Costs Includes costs related to designing, constructing, and installing the Improvement Area #2- B Improvements including land planning and design, City fees, engineering, soil testing, survey, construction management, contingency, legal costs, consultants, and costs associated with financing the Improvement Area #2-B Improvements. F. Bond Issuance Costs ▪ Debt Service Reserve Fund Equals the amount to be deposited in a debt service reserve fund under an applicable Indenture in connection with the issuance of PID Bonds. ▪ Underwriter’s Discount Equals a percentage of the par amount of a particular series of PID Bonds related to the costs of underwriting such PID Bonds. ▪ Underwriter’s Counsel Fee Equals a percentage of the par amount of a particular series of PID Bonds reserved for the underwriter’s attorney fees. ▪ Cost of Issuance Includes costs of issuing a particular series of PID Bonds, including but not limited to issuer fees, attorney fees, financial advisory fees, consultant fees, appraisal fees, printing costs, publication costs, City costs, fees charged by the Texas Attorney General, and any other cost or expense directly associated with the issuance of PID Bonds . G. Other Costs ▪ Deposit to Administrative Fund Equals the amount necessary to fund the first year’s Annual Collection Costs for a THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 23 particular series of PID Bonds. SECTION IV: SERVICE PLAN The PID Act requires the Service Plan to cover a period of at least five years. The Service Plan is required to define the annual projected costs and indebtedness for the Authorized Improvements undertaken within the District during the five year period. The Service Plan is also required to include a copy of the buyer disclosure notice form required by Section 5.014 of the Texas Property Code, as amended. The Service Plan must be reviewed and updated in each Annual Service Plan Update. Exhibit C summarizes the Service Plan for Improvement Area #1 and Improvement Area #2. Pursuant to the PID Act and Section 5.014 of the Texas Property Code, as amended, this 2024 Amended and Restated Service and Assessment Plan, and any future Annual Service Plan Updates, shall include a form of the buyer disclosure for the District. The buyer disclosures are attached hereto as Appendix B. Exhibit D summarizes the sources and uses of funds required to construct the Authorized Improvements. The sources and uses of funds shown on Exhibit D shall be updated in an Annual Service Plan Update to reflect any budget revisions and Actual Costs. SECTION V: ASSESSMENT PLAN The PID Act allows the City Council to apportion the costs of the Authorized Improvements to the Assessed Property and Apportioned Property based on the special benefit received from the Authorized Improvements. The PID Act provides that such costs may be apportioned: (1) equally per front foot or square foot; (2) according to the value of property as determined by the City Council, with or without regard to improvements constructed on the property; or (3) in any other manner approved by the City Council that results in imposing equal shares of such costs on property similarly benefited. The PID Act further provides that the City Council may establish by ordinance or order reasonable classifications and formulas for the apportionment of the cost between the City and the area to be assessed and the methods of assessing the special benefits for various classes of improvements. This section of this 2024 Amended and Restated Service and Assessment Plan describes the special benefit received by each Parcel within the District as a result of the Authorized Improvements and provides the basis and justification for the determination that this special benefit equals or exceeds the amount of the Assessments to be levied on the Assessed Property for such Authorized Improvements. The determination by the City Council of the Assessment methodologies set forth below is the result of the discretionary exercise by the City Council of its legislative authority and THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 24 governmental powers and is conclusive and binding on the Developer and all future owners and developers of the Assessed Property. A. Assessment Methodology The City Council, acting in its legislative capacity and based on information provided by the Developer and its engineer and reviewed by the City staff and by third-party consultants retained by the City, has determined that the costs related to the Authorized Improvements were and shall be allocated as follows: ▪ The costs of the Major Improvements were allocated to the District and the Non-Assessed Property pro rata based upon acreage at the time of the Original Service and Assessment Plan. The District was allocated 84.68% of the Major Improvements and the Non-Assessed Property was allocated 15.32%. See Exhibit B-1 for the allocation of the Major Improvements between the District and the Non-Assessed Property. ▪ The costs of the Major Improvements allocated to the District, shall be allocated or apportioned to each Assessed Property and Apportioned Property, as applicable, pro rata based on the Estimated Buildout Value of all Assessed Property and Apportioned Property at the time of the applicable Assessment Ordinance. At the time of the 2023 Amended and Restated Service and Assessment Plan, Improvement Area #1 Assessed Property was allocated 25.12% of the Major Improvements costs. Currently, the remainder of such Major Improvements costs, after the allocation to Improvement Area #1 Assessed Property, shall be allocated 8.02% to Improvement Area #2-A Assessed Property, 17.90% to Improvement Area #2-B Assessed Property, and the Remainder Area Apportioned Property shall be apportioned 74.08% of the Major Improvements costs, as shown on Exhibit B-2. ▪ The costs of the Improvement Area #1 Improvements were allocated to each Improvement Area #1 Assessed Property based on the ratio of the Estimated Buildout Value of each Lot Type designated as Improvement Area #1 Assessed Property to the Estimated Buildout Value of all Improvement Area #1 Assessed Property at the time of the 2023 Amended and Restated Service and Assessment Plan. ▪ The costs of the Improvement Area #2 Improvements shall be allocated to Improvement Area #2-A Assessed Property and Improvement Area #2-B Assessed Property pro rata based on the Estimated Buildout Value of all Improvement Area #2-A Assessed Property and Improvement Area #2-B Assessed Property. Improvement Area #2-A Assessed Property shall be allocated 30.93% of the Improvement Area #2 Improvements costs and Improvement Area #2-B shall be allocated 69.07% of the Improvement Area #2 Improvements costs. See Exhibit B-3 for the allocation of the Improvement Area #2 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 25 Improvements between Improvement Area #2-A Assessed Property and Improvement Area #2-B Assessed Property. ▪ The costs of the Improvement Area #2-A Authorized Improvements shall be allocated to each Improvement Area #2-A Assessed Property based on the ratio of the Estimated Buildout Value of each Parcel designated as Improvement Area #2-A Assessed Property to the Estimated Buildout Value of all Improvement Area #2-A Assessed Property. Currently, the Improvement Area #2-A Initial Parcel is the only Parcel within Improvement Area #2-A, and as such, the Improvement Area #2-A Initial Parcel is allocated 100% of the Improvement Area #2-A Authorized Improvements. ▪ The costs of the Improvement Area #2-B Authorized Improvements shall be allocated to each Improvement Area #2-B Assessed Property based on the ratio of the Estimated Buildout Value of each Parcel designated as Improvement Area #2-B Assessed Property to the Estimated Buildout Value of all Improvement Area #2-B Assessed Property. Currently, the Improvement Area #2-B Initial Parcel is the only Parcel within Improvement Area #2-B, and as such, the Improvement Area #2-B Initial Parcel is allocated 100% of the Improvement Area #2-B Authorized Improvements. B. Assessments The Improvement Area #1 Assessment was levied on the Improvement Area #1 Initial Parcel at the time the City Council approved the 2023 Assessment Ordinance and is currently outstanding in the amount shown on the Improvement Area #1 Assessment Roll, attached hereto as Exhibit F-1. The projected Improvement Area #1 Annual Installments are shown on Exhibit F-2, and are subject to revisions made in any Annual Service Plan Update. The Improvement Area #2-A Assessments will be levied on the Improvement Area #2-A Initial Parcel in the amount on the Improvement Area #2-A Assessment Roll, attached hereto as Exhibit G-1. The projected Improvement Area #2-A Annual Installments are shown on Exhibit G-2. Upon division or subdivision of the Improvement Area #2-A Initial Parcel, the Improvement Area #2-A Assessments will be reallocated pursuant to Section VI, and are subject to revisions made in any Annual Service Plan Update. The Improvement Area #2-B Assessments will be levied on the Improvement Area #2-B Initial Parcel in the amount on the Improvement Area #2-B Assessment Roll, attached hereto as Exhibit G-3. The projected Improvement Area #2-B Annual Installments are shown on Exhibit G-4. Upon division or subdivision of the Improvement Area #2-B Initial Parcel, the Improvement Area #2-B Assessments will be reallocated pursuant to Section VI, and are subject to revisions made in any Annual Service Plan Update. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 26 The Maximum Assessment for each current Lot Type within the District is shown on Exhibit E. In no case will the Assessment for Lot Type 1, Lot Type 2, Lot Type 3, Lot Type 4, and Lot Type 5, respectively, exceed the corresponding Maximum Assessment for each Lot classification. C. Findings of Special Benefit Acting in its legislative capacity and based on information provided by the Developer and its engineer and reviewed by the City staff and by third-party consultants retained by the City, the City Council has found and determined: ▪ Improvement Area #1 ▪ The costs of the Improvement Area #1 Authorized Improvements equal $9,896,676 as shown on Exhibit B-1; and ▪ The Improvement Area #1 Assessed Property receives special benefit from the Improvement Area #1 Authorized Improvements equal to or greater than the Actual Cost of the Improvement Area #1 Authorized Improvements; and ▪ With the adoption of the 2023 Assessment Ordinance, the Improvement Area #1 Assessed Property was allocated 100% of the Improvement Area #1 Assessment levied for the Improvement Area #1 Authorized Improvements, which equals $7,419,000.00 as shown on the debt service schedule of the official statement for Improvement Area #1 Bonds attached hereto as Exhibit J, and outstanding $7,251,383.88 as further described in Section IX.C and shown on the Improvement Area #1 Assessment Roll attached hereto as Exhibit F-1; and ▪ The special benefit expected at the time the City Council approved the Original Service and Assessment Plan (  $9,896,676) received by the Improvement Area #1 Assessed Property from the Improvement Area #1 Authorized Improvements were equal to or greater than the amount of the Improvement Area #1 Assessment ($7,419,000) levied on the Improvement Area #1 Assessed Property for the Improvement Area #1 Authorized Improvements; and ▪ At the time the City Council approved the 2023 Assessment Ordinance, the Developer owned 100% of the Improvement Area #1 Initial Parcel. The Developer acknowledged that the Improvement Area #1 Authorized Improvements conferred a special benefit on the Improvement Area #1 Initial Parcel and consented to the imposition of the Improvement Area #1 Assessment to pay for the Actual Costs associated therewith. The Developer ratified, confirmed, accepted, agreed to, and approved: (1) the determinations and findings by the City Council as to the special benefits described therein and the 2023 Assessment THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 27 Ordinance; (2) the Original Service and Assessment Plan and the 2023 Assessment Ordinance; and (3) the levying of the Improvement Area #1 Assessment on the Improvement Area #1 Initial Parcel. ▪ Improvement Area #2-A ▪ The costs of Improvement Area #2-A Authorized Improvements equal $4,884,638, as shown on Exhibit B-1; and ▪ Improvement Area #2-A Assessed Property receives special benefit from the Improvement Area #2-A Authorized Improvements equal to or greater than the Actual Cost of the Improvement Area #2-A Authorized Improvements; and ▪ The Improvement Area #2-A Assessed Property will be allocated 100% of the Improvement Area #2-A Assessment to be levied for the Improvement Area #2-A Authorized Improvements, which equals $1,753,814; and ▪ The special benefit (  $4,884,638) received by the Improvement Area #2-A Initial Parcel from the Improvement Area #2-A Authorized Improvements is equal to or greater than the amount of the Improvement Area #2-A Assessment ($1,753,814) to be levied on the Improvement Area #2-A Initial Parcel for the Improvement Area #2-A Authorized Improvements; and ▪ It is anticipated, at the time the City Council approves this 2024 Amended and Restated Service and Assessment Plan, the Developer will own 100% of the Improvement Area #2-A Initial Parcel. The Developer will acknowledge that the Improvement Area #2-A Authorized Improvements confer a special benefit on the Improvement Area #2-A Initial Parcel and will consent to the imposition of the Improvement Area #2-A Assessment to pay for the Actual Costs associated therewith. The Developer will ratify, confirm, accept , agree to, and approve: (1) the determinations and findings by the City Council as to the special benefits described herein and the 2024 Assessment Ordinance; (2) this 2024 Amended and Restated Service and Assessment Plan and the 2024 Assessment Ordinance; and (3) the levying of the Improvement Area #2-A Assessment on the Improvement Area #2-A Initial Parcel. ▪ Improvement Area #2-B ▪ The costs of Improvement Area #2-B Authorized Improvements equal $7,950,639, as shown on Exhibit B-1; and THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 28 ▪ Improvement Area #2-B Assessed Property receives special benefit from the Improvement Area #2-B Authorized Improvements equal to or greater than the Actual Cost of the Improvement Area #2-B Authorized Improvements; and ▪ The Improvement Area #2-B Assessed Property will be allocated 100% of the Improvement Area #2-B Assessment to be levied for the Improvement Area #2-B Authorized Improvements, which equals $3,916,186; and ▪ The special benefit (  $7,950,639) received by the Improvement Area #2-B Initial Parcel from the Improvement Area #2-B Authorized Improvements is equal to or greater than the amount of the Improvement Area #2-B Assessment ($3,916,186) to be levied on the Improvement Area #2-B Initial Parcel for the Improvement Area #2-B Authorized Improvements; and ▪ It is anticipated, at the time the City Council approves this 2024 Amended and Restated Service and Assessment Plan, the Developer will own 100% of the Improvement Area #2-B Initial Parcel. The Developer will acknowledge that the Improvement Area #2-B Authorized Improvements confer a special benefit on the Improvement Area #2-B Initial Parcel and will consent to the imposition of the Improvement Area #2-B Assessment to pay for the Actual Costs associated therewith. The Developer will ratify, confirm, accept , agree to, and approve: (1) the determinations and findings by the City Council as to the special benefits described herein and the 2024 Assessment Ordinance; (2) this 2024 Amended and Restated Service and Assessment Plan and the 2024 Assessment Ordinance; and (3) the levying of the Improvement Area #2-B Assessment on the Improvement Area #2-B Initial Parcel. ▪ Remainder Area ▪ The costs of the Remainder Area Projects apportioned to the Remainder Area Apportioned Property as financed by the Developer equals $2,966,098 as shown on Exhibit B-1; and ▪ The Remainder Area receives special benefit from the Remainder Area Projects equal to or greater than the Actual Cost of the Remainder Area Projects apportioned to the Remainder Area Apportioned Property; and ▪ The Remainder Area Apportioned Property will be apportioned 100% of the Remainder Area Projects, which equals $2,966,098 as shown on Exhibit B-2, of which all or a portion of such amount is expected to be levied by the City at a later date; and THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 29 ▪ It is anticipated, at the time the City Council approves this 2024 Amended and Restated Service and Assessment Plan, the Developer will own 100% of the Remainder Area Apportioned Property. The Developer will acknowledge that the Remainder Area Projects confer a special benefit on the Remainder Area Apportioned Property and will consent to the imposition of the Remainder Area Apportionment of Costs in anticipation of a future levy of Assessments by the City Council to pay for all or a portion of the Actual Costs associated therewith. The Developer will ratify, confirm, accept, agree to, and approve: (1) the determinations and findings by the City Council as to the special benefits described herein; (2) this 2024 Amended and Restated Service and Assessment Plan; and (3) the Remainder Area Apportionment of Costs. ▪ The above costs include only the costs of Remainder Area Projects and do not include any costs of public infrastructure benefiting only the Remainder Areas, which may be identified in a future update to this 2024 Amended and Restated Service and Assessment Plan. D. Annual Collection Costs The Annual Collection Costs shall be paid for annually by the owner of each Parcel pro rata based on the ratio of the amount of outstanding Assessment remaining on the Parcel to the total outstanding Assessment. The Annual Collection Costs shall be collected as part of and in the same manner as Annual Installments in the amounts shown on the Assessment Roll, which may be revised based on Actual Costs incurred in Annual Service Plan Updates. E. Additional Interest The interest rate on Assessments securing each respective series of PID Bonds may exceed the interest rate on each respective series of PID Bonds by the Additional Interest Rate. To the extent required by any Indenture, Additional Interest shall be collected as part of each Annual Installment related to a series of PID Bonds and shall be deposited pursuant to the applicable Indenture. The interest on the Improvement Area #2-A Assessment securing the Improvement Area #2-A Reimbursement Obligation shall be collected at rates established under the Improvement Area #2-A Reimbursement Agreement as part of the Improvement Area #2-A Annual Installment pursuant to the Improvement Area #2-A Reimbursement Agreement, which will not include Additional Interest unless and until Improvement Area #2 Bonds are issued . The interest on the Improvement Area #2 -B Assessment securing the Improvement Area #2-B Reimbursement Obligation shall be collected at rates established under the Improvement Area #2-B Reimbursement Agreement as part of the Improvement Area #2 -B Annual Installment THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 30 pursuant to the Improvement Area #2 -B Reimbursement Agreement, which will not include Additional Interest unless and until Improvement Area #2 Bonds are issued . SECTION VI: TERMS OF THE ASSESSMENTS Any reallocation of Assessments as described in this Section VI shall be considered an administrative action of the City and will not be subject to the notice or public hearing requirements under the PID Act. A. Reallocation of Assessments 1. Upon Division Prior to Recording of Subdivision Plat Upon the division of any Assessed Property (without the recording of a subdivision plat), the Administrator shall reallocate the Assessment for the Assessed Property prior to the division among the newly divided Assessed Properties according to the following formula: A = B x (C ÷ D) Where the terms have the following meanings: A = the Assessment for the newly divided Assessed Property B = the Assessment for the Assessed Property prior to division C = the Estimated Buildout Value of the newly divided Assessed Property D = the sum of the Estimated Buildout Value for all of the newly divided Assessed Properties The calculation of the Assessment of an Assessed Property shall be performed by the Administrator and shall be based on the Estimated Buildout Value of that Assessed Property, relying on information from homebuilders, market studies, appraisals, Official Public Records of the County, and any other relevant information regarding the Assessed Property, as provided by the Developer. The Estimated Buildout Value for Lot Type 1, Lot Type 2, Lot Type 3, Lot Type 4, and Lot Type 5 are shown on Exhibit E and will not change in future Annual Service Plan Updates. The calculation as confirmed by the City Council shall be conclusive. The sum of the Assessments for all newly divided Assessed Properties shall equal the Assessment for the Assessed Property prior to subdivision. The calculation shall be made separately for each newly divided Assessed Property. The reallocation of an Assess ment for an Assessed Property that is a homestead under Texas law may not exceed the Assessment prior to the reallocation. Any reallocation pursuant to this section shall be reflected in the next Annual Service Plan Update and approved by the City Council. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 31 2. Upon Subdivision by a Recorded Subdivision Plat Upon the subdivision of any Assessed Property based on a recorded subdivision plat, the Administrator shall reallocate the Assessment for the Assessed Property prior to the subdivision among the new subdivided Lots based on Estimated Buildout Value according to the following formula: A = [B x (C ÷ D)]/E Where the terms have the following meanings: A = the Assessment for the newly subdivided Lot B = the Assessment for the Parcel prior to subdivision C = the sum of the Estimated Buildout Value of all newly subdivided Lots with the same Lot Type D = the sum of the Estimated Buildout Value for all of the newly subdivided Lots excluding Non-Benefited Property E= the number of newly subdivided Lots with the same Lot Type Prior to the recording of a subdivision plat, the Developer shall provide the City an Estimated Buildout Value as of the date of the recorded subdivision plat for each Lot created by the recorded subdivision plat. The calculation of the Assessment for a Lot shall be performed by the Administrator and confirmed by the City Council based on Estimated Buildout Value information provided by the Developer, homebuilders, third party consultants, and/or the Official Public Records of the County regarding the Lot. The Estimated Buildout Value for Lot Type 1, Lot Type 2, Lot Type 3, Lot Type 4, and Lot Type 5 are shown on Exhibit E and will not change in future Annual Service Plan Updates. The sum of the Assessments for all newly subdivided Lots shall not exceed the Assessment for the portion of the Assessed Property subdivided prior to subdivision. The calculation shall be made separately for each newly subdivided Assessed Property. The rea llocation of an Assessment for an Assessed Property that is a homestead under Texas law may not exceed the Assessment prior to the reallocation. Any reallocation pursuant to this section shall be reflected in the Annual Service Plan Update immediately following such reallocation. 3. Upon Consolidation If two or more Lots or Parcels are consolidated into a single Lot or Parcel, the Administrator shall allocate the Assessments against the Lots or Parcels before the consolidation to the consolidated Lot or Parcel, which allocation shall be approved by the City Council in the next Annual Service Plan Update immediately following such THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 32 consolidation. The Assessment for any resulting Lot may not exceed the Maximum Assessment for the applicable Lot Type and compliance may require a mandatory Prepayment of Assessments pursuant to Section VI.C. B. Mandatory Prepayment of Assessments If an Assessed Property or a portion thereof is conveyed to a party that is exempt from payment of the Assessment under applicable law, or the owner causes a Lot, Parcel or portion thereof to become Non-Benefited Property, the owner of such Lot, Parcel or portion thereof shall pay to the City, or cause to be paid to the City, the full amount of the Assessment, plus all Prepayment Costs and Delinquent Collection Costs for such Assessed Property, prior to any such conveyance or act, and no such conveyance shall be effective until the City receives such payment. Following payment of the foregoing costs in full, the City shall provide the owner with a recordable “Notice of Assessment Termination,” a form of which is attached hereto as Exhibit I. C. True-Up of Assessments if Maximum Assessment Exceeded at Plat Prior to the City approving a final subdivision plat, the Administrator will certify that such plat will not result in the Assessment per Lot for any Lot Type to exceed the Maximum Assessment. If the Administrator determines that the resulting Assessment per Lot for any Lot Type will exceed the Maximum Assessment for that Lot Type, then (1) the Assessment applicable to each Lot Type shall each be reduced to the Maximum Assessment, and (2) the person or entity filing the plat shall pay to the City, or cause to be paid to the City, the amount the Assessment was reduced, plus Prepayment Costs and Delinquent Collection Costs, if any, prior to the City approving the final plat. The City’s approval of a plat without payment of such amounts does not eliminate the obligation of the person or entity filing the plat to pay such amounts. At no time shall the aggregate Assessments for any Lot exceed the Maximum Assessment. D. Reduction of Assessments If as a result of cost savings or the failure to construct all or a portion of an Authorized Improvement, the Actual Costs of completed Authorized Improvements are less than the Assessments, then (i) in the event PID Bonds are not issued, the City Council shall reduce each Assessment on a pro rata basis such that the sum of the resulting reduced Assessments for all Assessed Property equals the reduced Actual Costs that were expended, or (ii) in the event that a related series of PID Bonds are issued, the Trustee shall apply amounts on deposit in the applicable account of the project fund created under the Indenture relating to such series of PID Bonds, that are not expected to be used for the purposes of the project fund to redeem outstanding PID Bonds, unless otherwise directed by the City pursuant to the terms of such Indenture. Such excess PID Bond proceeds may be used for any purpose authorized by such THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 33 Indenture. The Assessments shall never be reduced to an amount less than the amount required to pay all outstanding debt service requirements on all outstanding PID Bonds. The Administrator shall update (and submit to the City Council for review and approval as part of the next Annual Service Plan Update) the Assessment Roll and corresponding Annual Installments to reflect the reduced Assessments. E. Prepayment of Assessments The owner of any Assessed Property may pay, at any time, all or any part of an Assessment in accordance with the PID Act. Prepayment Costs, if any, may be paid from a reserve established under the applicable Indenture. If an Annual Installment has been billed, or the Annual Service Plan Update has been approved by the City Council prior to the Prepayment, the Annual Installment shall be due and payable and shall be credited against the Prepayment. If an Assessment on an Assessed Property is prepaid in full, with Prepayment Costs, (1) the Administrator shall cause the Assessment to be reduced to zero on said Assessed Property and the Assessment Roll to be revised accordingly; (2) the Administrator shall prepare the revised Assessment Roll and submit such revised Assessment Roll to the City Council for review and approval as part of the next Annual Service Plan Update; (3) the obligation to pay the Assessment and corresponding Annual Installments shall terminate with respect to said Assessed Property; and (4) the City shall provide the owner with a recordable "Notice of Assessment Termination.” If an Assessment on an Assessed Property is prepaid in part, with Prepayment Costs: (1) the Administrator shall cause the Assessment to be reduced on said Assessed Property and the Assessment Roll revised accordingly; (2) the Administrator shall prepare the revised Assessment Roll and submit such revised Assessment Roll to the City Council for review and approval as part of the next Annual Service Plan Update; and (3) the obligation to pay the Assessment will be reduced to the extent of the Prepayment made. For purposes of Prepayments, if a particular series of PID Bonds are issued, the Improvement Area #2-A Reimbursement Obligation will be subordinated to (i) the Improvement Area #2 Bonds, if issued, and (ii) any additional PID Bonds secured by a parity lien on the Improvement Area #2- A Assessments issued to refinance all or a portion of the Improvement Area #2-A Reimbursement Obligation. Additionally, the Improvement Area #2-B Reimbursement Obligation will be subordinated to (i) the Improvement Area #2 Bonds, if issued, and (ii) any add itional PID Bonds secured by a parity lien on the Improvement Area #2-B Assessments issued to refinance all or a portion of the Improvement Area #2-B Reimbursement Obligation. For purposes of Prepayments, additional PID Bonds issued to refinance all or a portion of the Improvement Area #2-A Reimbursement Obligation and Improvement Area #2-B Reimbursement Obligation will be on parity with the Improvement Area #2 Bonds. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 34 F. Payment of Assessment in Annual Installments Assessments that are not paid in full shall be due and payable in Annual Installments. Exhibit F-2 shows the projected Improvement Area #1 Annual Installments, Exhibit G-2 shows the projected Improvement Area #2-A Annual Installments, and Exhibit G-4 shows the projected Improvement Area #2-B Annual Installments. Annual Installments are subject to adjustment in each Annual Service Plan Update. Prior to the recording of a final subdivision plat, if any Parcel shown on the Assessment Roll is assigned multiple tax parcel identification numbers for billing and collection purposes, the Annual Installment shall be allocated pro rata based on the acreage of the property , not including any Non-Benefited Property or Non-Assessed Property, as shown by the Collin Central Appraisal District for each tax parcel identification number. The Administrator shall prepare and submit to the City Council for its review and approval an Annual Service Plan Update to allow for the billing and collection of Annual Installments. Each Annual Service Plan Update shall include updated Assessment Roll s and updated calculations of Annual Installments. The Annual Collection Costs for a given Assessment shall be paid by the owner of each Parcel pro rata based on the ratio of the amount of outstanding Assessment remaining on the Parcel to the total outstanding Assessment. Annual Installments shall be reduced by any credits applied under an applicable Indenture, such as capitalized interest, interest earnings on account balances, and any other funds available to the Trustee for such purposes. Annual Installments shall be collected by the City in the same manner and at the same time as ad valorem taxes. Annual Installments shall be subject to the penalties, procedures, and foreclosure sale in case of delinquencies as set forth in the PID Act and in the same manner as ad valorem taxes due and owing to the City. The City Council may provide for other means of collecting Annual Installments. Assessments shall have the lien priority specified in the PID Act. Sales of the Assessed Property for nonpayment of Annual Installments shall be subject to the lien for the remaining unpaid Annual Installments against the Assessed Property, and the Assessed Property may again be sold at a judicial foreclosure sale if the purchaser fails to timely pay any of the remaining unpaid Annual Installments as they become due and payable. The City reserves the right to refund PID Bonds in accordance with applicable law, including the PID Act. In the event of a refunding, the Administrator shall recalculate the Annual Installments so that total Annual Installments will be sufficient to pay the refunding bonds, and the refunding bonds shall constitute “PID Bonds.” Each Annual Installment of an Assessment, including interest on the unpaid principal of the Assessment, shall be updated annually. Each Annual Installment shall be due when billed and shall be delinquent if not paid prior to February 1 of the following year. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 35 Failure of an owner of an Assessed Property to receive an invoice for an Annual Installment shall not relieve said owner of the responsibility for payment of the Assessment. Assessments, or Annual Installments thereof, that are delinquent shall incur Delinquent Collection Costs. The City may provide for other means of collecting the Annual Installments to the extent permitted by the PID Act, or other applicable law. G. Prepayment as a Result of an Eminent Domain Proceeding or Taking Subject to applicable law, if any portion of any Parcel of Assessed Property is taken from an owner as a result of eminent domain proceedings or if a transfer of any portion of any Parcel of Assessed Property is made to an entity with the authority to condemn all or a portion of the Assessed Property in lieu of or as a part of an eminent domain proceeding (a “Taking”), the portion of the Assessed Property that was taken or transferred (the “Taken Property”) shall be reclassified as Non-Benefited Property. For the Assessed Property that is subject to the Taking as described in the preceding paragraph, the Assessment that was levied against the Assessed Property (when it was included in the Taken Property) prior to the Taking shall remain in force against the remaining Assessed Property (the Assessed Property less the Taken Property) (the “Retained Property”), following the reclassification of the Taken Property as Non -Benefited Property, subject to an adjustment of the Assessment applicable to the Retained Property after any required Prepayment as set forth below. The owner of the Retained Property will remain liable to pay in Annual Installments, or payable as otherwise provided by this 2024 Amended and Restated Service and Assessment Plan, as updated, or the PID Act, the Assessment that remains due on the Retained Property, subject to an adjustment in the Assessment applicable to the Retained Property after any required Prepayment as set forth below. Notwithstanding the foregoing, if the Assessment that remains due on the Retained Property exceeds the applicable Maximum Assessment, the owner of the Retained Property will be required to make a Prepayment in an amount necessary to ensure that the Assessment against the Retained Property does not exceed such Maximum Assessment, in which case the Assessment applicable to the Retained Property will be reduced by the amount of the partial Prepayment. If the City receives all or a portion of the eminent domain proceeds (or payment made in an agreed sale in lieu of condemnation), such amount shall be credited against the amount of prepayment, with any remainder credited against the Assessment on the Retained Property. In all instances the Assessment remaining on the Retained Property shall not exceed the applicable Maximum Assessment. By way of illustration, if an owner owns 100 acres of Assessed Property subject to a $100 Assessment and 10 acres is taken through a Taking, the 10 acres of Taken Property shall be reclassified as Non-Benefited Property and the remaining 90 acres of Retained Property shall be THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 36 subject to the $100 Assessment (provided that this $100 Assessment does not exceed the Maximum Assessment on the Retained Property). If the Administrator determines that the $100 Assessment reallocated to the Retained Property would exceed the Maximum Assessment, as applicable, on the Retained Property by $10, then the owner shall be required to pay $10 as a Prepayment of the Assessment against the Retained Property and the Assessment on the Retained Property shall be adjusted to be $90. Notwithstanding the previous paragraphs in this subsection, if the owner of the Retained Property notifies the City and the Administrator that the Taking prevents the Retained Property from being developed for any use which could support the Estimated Buildout Value requirement, the owner shall, upon receipt of the compensation for the Taken Property, be required to prepay the amount of the Assessment required to buy down the outstandin g Assessment to the applicable Maximum Assessment on the Retained Property to support the Estimated Buildout Value requirement. Said owner will remain liable to pay the Annual Installments on both the Taken Property and the Retained Property until such time that such Assessment has been prepaid in full. Notwithstanding the previous paragraphs in this subsection, the Assessments shall never be reduced to an amount less than the amount required to pay all outstanding debt service requirements on all outstanding PID Bonds. SECTION VII: ASSESSMENT ROLL The Improvement Area #1 Assessment Roll is attached as Exhibit F-1. The Administrator shall prepare and submit to the City Council for review and approval proposed revisions to the Improvement Area #1 Assessment Roll and Improvement Area #1 Annual Installments for each Parcel as part of each Annual Service Plan Update. The Improvement Area #2-A Assessment Roll is attached as Exhibit G-1. The Administrator shall prepare and submit to the City Council for review and approval proposed revisions to the Improvement Area #2 -A Assessment Roll and Improvement Area #2-A Annual Installments for each Parcel as part of each Annual Service Plan Update. The Improvement Area #2 -B Assessment Roll is attached as Exhibit G-3. The Administrator shall prepare and submit to the City Council for review and approval proposed revisions to the Improvement Area #2-B Assessment Roll and Improvement Area #2 -B Annual Installments for each Parcel as part of each Annual Service Plan Update. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 37 SECTION VIII: ADDITIONAL PROVISIONS A. Calculation Errors If the owner of a Parcel claims that an error has been made in any calculation required by this 2024 Amended and Restated Service and Assessment Plan, including, but not limited to, any calculation made as part of any Annual Service Plan Update, said owner’s sole and exclusive remedy shall be to submit a written notice of error to the Administrator by December 1st of the year following City Council’s approval of the calculation. Otherwise, said owner shall be deemed to have unconditionally approved and accepted the calculation. The Administrator shall provide a written response to the City Council and the owner not later than 30 days of such receipt of a written notice of error by the Administrator. The City Council shall consider the owner’s notice of error and the Administrator’s response at a public meeting, and not later than 30 days after closing such meeting, the City Council shall make a final determination as to whether an error has been made. If the City Council determines that an error has been made, the City Council shall take such corrective action as is authorized by the PID Act, this 2024 Amended and Restated Service and Assessment Plan, the applicable Assessment Ordinance, the applicable Indenture, or as otherwise authorized by the discretionary power of the City Council. The determination by the City Council as to whether an error has been made, and any corrective action taken by the City Council, shall be final and binding on the owner and the Administrator. B. Amendments Amendments to this 2024 Amended and Restated Service and Assessment Plan must be made by the City Council in accordance with the PID Act. To the extent permitted by the PID Act, this 2024 Amended and Restated Service and Assessment Plan may be amended without notice to owners of the Assessed Property: (1) to correct mistakes and clerical errors; (2) to clarify ambiguities; and (3) to provide procedures to collect Assessments, Annual Installments, and other charges imposed by this 2024 Amended and Restated Service and Assessment Plan. C. Administration and Interpretation The Administrator shall: (1) perform the obligations of the Administrator as set forth in this 2024 Amended and Restated Service and Assessment Plan; (2) administer the District for and on behalf of and at the direction of the City Council; and (3) interpret the provisions of this 2024 Amended and Restated Service and Assessment Plan. Interpretations of this 2024 Amended and Restated Service and Assessment Plan by the Administrator shall be in writing and shall be appealable to the City Council by owners of Assessed Property adversely affected by the interpretation. Appeals shall be decided by the City Council after holding a public meeting at which all interested parties have an opportunity to be heard. Decisions by the City Council shall be final and binding on the owners of Assessed Property and developers and their successors and assigns. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 38 D. Form of Buyer Disclosure; Filing Requirements Per Section 5.014 of the Texas Property Code, as amended, this 2024 Amended and Restated Service and Assessment Plan, and any future Annual Service Plan Updates, shall include a form of the buyer disclosures for the District. The buyer disclosures are attached hereto as Appendix B. Within seven days of approval by the City Council, the City shall file and record in the real property records of the County the executed ordinance approving this 2024 Amended and Restated Service and Assessment Plan, or any future Annual Service Plan Updates. The executed ordinance, including any attachments, approving this Service an Assessment Plan or any future Annual Service Plan Updates shall be filed and recorded in their entirety. E. Severability If any provision of this 2024 Amended and Restated Service and Assessment Plan is determined by a governmental agency or court to be unenforceable, the unenforceable provision shall be deleted and, to the maximum extent possible, shall be rewritten to be enforceable. Every effort shall be made to enforce the remaining provisions. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 39 SECTION IX: ADDITIONAL UPDATES A. Parcel Subdivision Improvement Area #1 The final plat of The Woods At Lindsey Place Phase 1 was filed and recorded with the County on March 21, 2023, and consists of 218 residential Lots and 4 Non-Benefited Properties. The final plat of The Woods At Lindsey Place Phase 1 is attached hereto as Exhibit A-3. See the completed Lot Type classification summary within Improvement Area #1 below: B. Lot and Home Sales Improvement Area #1 Per the Quarterly Report dated March 31, 2024, the lot ownership composition is provided below: • Developer Owned: o Lot Type 1: 56 Lots o Lot Type 2: 1 Lots • End-User Owner: o Lot Type 1: 132 Lots o Lot Type 2: 29 Lots See Appendix B for the buyer disclosures. C. Outstanding Assessment Improvement Area #1 Net of the September 1, 2024, payment, Improvement Area #1 has an outstanding Assessment of $7,251,383.88. The outstanding Assessment is less than the $7,286,000.00 in outstanding Lot Type Number of Lots Lot Type 1 188 Lot Type 2 30 Total 218 Improvement Area #1 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 40 Improvement Area #1 Bonds due to a Prepayment of Assessment for which Improvement Area #1 Bonds have not yet been redeemed. D. Annual Installment Due 1/31/2025 Improvement Area #1 ▪ Principal and Interest - The total principal and interest required for the Improvement Area #1 Annual Installment is $523,977.50. The Improvement Area #1 Annual Installment covers the period September 1, 2024, to August 31, 2025, and is due by January 31, 2025. ▪ Additional Interest – The total Additional Interest is collected to fund the Delinquency and Prepayment Reserve Account. The Additional Interest Reserve Requirement is equal to $400,730.00, and has not been met. As such, the Delinquency and Prepayment Reserve Account will be funded with Additional Interest on the outstanding Assessment, resulting in an Additional Interest amount due of $36,430.00, as further defined in the applicable Indenture. ▪ Annual Collection Costs – The cost of administering the District and collecting the Improvement Area #1 Annual Installments shall be paid for on a pro rata basis by each Parcel based on the amount of outstanding Assessment remaining on the Parcel. The Total Annual Collection Costs budgeted for the Improvement Area #1 Annual Installment is $46,818.00. See Exhibit J for the debt service schedule for the Improvement Area #1 Bonds as shown in the official statement. E. Prepayment of Assessments in Full Improvement Area #1 Administration 30,600.00$ City Auditor 1,000.00 Filing Fees 1,000.00 County Collection 218.00 PID Trustee Fees 4,000.00 Dissemination Agent 1,500.00 Draw Request Review 5,000.00 Miscellaneous 1,000.00 Arbitrage Calculation 2,500.00 Total Annual Collection Costs 46,818.00$ Improvement Area #1 Annual Collection Costs Breakdown THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 41 The following is a list of all Parcels or Lots that made a Prepayment in full within Improvement Area #1. Property ID Address Lot Type Prepayment Amount Prepayment Date Recorded Lien Release Number 2878333 2117 Hampton St Lot Type 2 32,872.56$ 11/28/2023 Pending Improvement Area #1 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 42 EXHIBITS The following Exhibits are attached to and made a part of this 2024 Amended and Restated Service and Assessment Plan for all purposes: Exhibit A-1 Map of the District Exhibit A-2 Map of Improvement Area #1, Improvement Area #2 & Remainder Area Exhibit A-3 Final Plat of Improvement Area #1 Exhibit A-4 Preliminary Plat of Improvement Area #2-A Exhibit A-5 Preliminary Plat of Improvement Area #2-B Exhibit A-6 Lot Type Classification Map Exhibit B-1 Project Costs Exhibit B-2 Major Improvement Apportionment of Costs Exhibit B-3 Improvement Area #2 Allocation of Costs Exhibit C Service Plan Exhibit D Sources and Uses of Funds Exhibit E Maximum Assessment and Tax Rate Equivalent Exhibit F-1 Improvement Area #1 Assessment Roll Exhibit F-2 Improvement Area #1 Annual Installments Exhibit G-1 Improvement Area #2-A Assessment Roll Exhibit G-2 Projected Improvement Area #2-A Annual Installments Exhibit G-3 Improvement Area #2-B Assessment Roll Exhibit G-4 Projected Improvement Area #2-B Annual Installments Exhibit H-1 Maps of Major Improvements Exhibit H-2 Maps of Improvement Area #1 Improvements Exhibit H-3 Maps of Improvement Area #2 Improvements, Improvement Area #2-A Improvements, and Improvement Area #2-B Improvements Exhibit I Form of Notice of Assessment Termination Exhibit J Debt Service Schedule for Improvement Area #1 Bonds Exhibit L-1 District Legal Description Exhibit L-2 Improvement Area #1 Legal Description Exhibit L-3 Improvement Area #2-A Legal Description Exhibit L-4 Improvement Area #2-B Legal Description Exhibit L-5 Remainder Area Legal Description THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 43 APPENDICES The following Appendices are attached to and made a part of this 2024 Amended and Restated Service and Assessment Plan for all purposes: Appendix A Improvement Area #2 Invoice Summary Table Appendix B Buyer Disclosures THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 44 EXHIBIT A-1 – MAP OF THE DISTRICT THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 45 EXHIBIT A-2 – MAP OF IMPROVEMENT AREA #1, IMPROVEMENT AREA #2 & REMAINDER AREA THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 46 EXHIBIT A-3 – FINAL PLAT OF IMPROVEMENT AREA #1 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 47 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 48 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 49 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 50 EXHIBIT A-4 – PRELIMINARY PLAT OF IMPROVEMENT AREA #2-A THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 51 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 52 EXHIBIT A-5 – PRELIMINARY PLAT OF IMPROVEMENT AREA #2-B THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 53 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 54 EXHIBIT A-6 – LOT TYPE CLASSIFICATION MAP THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 55 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 56 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMEDNED AND RESTATED SERVICE AND ASSESSMENT PLAN 57 EXHIBIT B-1 – PROJECT COSTS %Cost %Cost %Cost %Cost Major Improvements [c],[d] Excavation 612,616$ 93,824$ -$ 518,792$ 25.12%130,334$ 6.00%31,143$ 53.36%69,542$ 55.47%287,773$ Sanitary Sewer 1,212,374 185,679 - 1,026,695 25.12%257,932 6.00%61,633 53.36%137,624 55.47%569,506 Storm Sewer 1,136,739 174,095 - 962,644 25.12%241,841 6.00%57,788 53.36%129,038 55.47%533,977 Water 758,402 116,152 - 642,250 25.12%161,350 6.00%38,555 53.36%86,091 55.47%356,255 Paving 1,450,080 222,084 - 1,227,996 25.12%308,504 6.00%73,717 53.36%164,607 55.47%681,167 Soft Costs[e]1,144,068 175,218 - 968,850 25.12%243,400 6.00%58,161 53.36%129,870 55.47%537,420 6,314,279$ 967,052$ -$ 5,347,227$ 1,343,359$ 320,997$ 716,772$ 2,966,098$ Improvement Area #1 Improvements Erosion Control 57,000$ -$ -$ 57,000$ 100%57,000$ 0.00%-$ 0.00%-$ 0.00%-$ Excavation 162,500 - - 162,500 100%162,500 0.00%- 0.00%- 0.00%- Sanitary Sewer 1,053,228 - - 1,053,228 100%1,053,228 0.00%- 0.00%- 0.00%- Storm Sewer 1,771,838 - - 1,771,838 100%1,771,838 0.00%- 0.00%- 0.00%- Water 1,123,596 - - 1,123,596 100%1,123,596 0.00%- 0.00%- 0.00%- Paving 1,772,441 - - 1,772,441 100%1,772,441 0.00%- 0.00%- 0.00%- Street Lights 66,000 - - 66,000 100%66,000 0.00%- 0.00%- 0.00%- Soft Costs[e]1,329,145 - - 1,329,145 100%1,329,145 0.00%- 0.00%- 0.00%- 7,335,748$ -$ -$ 7,335,748$ 7,335,748$ -$ -$ -$ Improvement Area #2 Improvements [f] Excavation 9,231$ -$ -$ 9,231$ 0.00%-$ 30.93%2,855$ 69.07%6,376$ 0.00%-$ Sanitary Sewer 184,060 - - 184,060 0.00%- 30.93%56,933 69.07%127,128 0.00%- Storm Sewer 253,652 - - 253,652 0.00%- 30.93%78,458 69.07%175,194 0.00%- Water 321,541 - - 321,541 0.00%- 30.93%99,457 69.07%222,083 0.00%- Paving 847,434 - - 847,434 0.00%- 30.93%262,124 69.07%585,310 0.00%- Soft Costs[e]226,229 - - 226,229 0.00%- 30.93%69,976 69.07%156,253 0.00%- 1,842,147$ -$ -$ 1,842,147$ -$ 569,803$ 1,272,344$ -$ Improvement Area #2-A Improvements Erosion Control 37,944$ -$ -$ 37,944$ 0.00%-$ 100%37,944$ 0%-$ 0.00%-$ Excavation 69,000 - - 69,000 0.00%- 100%69,000 0%- 0.00%- Sanitary Sewer 351,163 - - 351,163 0.00%- 100%351,163 0%- 0.00%- Storm Sewer 772,368 - - 772,368 0.00%- 100%772,368 0%- 0.00%- Water 324,005 - - 324,005 0.00%- 100%324,005 0%- 0.00%- Paving 1,622,042 - - 1,622,042 0.00%- 100%1,622,042 0%- 0.00%- Street Lights 24,000 - - 24,000 0.00%- 100%24,000 0%- 0.00%- Soft Costs[e]486,919 - - 486,919 0.00%- 100%486,919 0%- 0.00%- 3,687,441$ -$ -$ 3,687,441$ -$ 3,687,441$ -$ -$ Improvement Area #2-B Improvements Erosion Control 36,500$ -$ -$ 36,500$ 0.00%-$ 0.00%-$ 100%36,500$ 0.00%-$ Excavation 96,015 - - 96,015 0.00%- 0.00%- 100%96,015 0.00%- Sanitary Sewer 683,725 - - 683,725 0.00%- 0.00%- 100%683,725 0.00%- Storm Sewer 926,260 - - 926,260 0.00%- 0.00%- 100%926,260 0.00%- Water 513,707 - - 513,707 0.00%- 0.00%- 100%513,707 0.00%- Paving 2,247,290 - - 2,247,290 0.00%- 0.00%- 100%2,247,290 0.00%- Street Lights 42,000 - - 42,000 0.00%- 0.00%- 100%42,000 0.00%- Soft Costs[e]731,854 - - 731,854 0.00%- 0.00%- 100%731,854 0.00%- 5,277,351$ -$ -$ 5,277,351$ -$ -$ 5,277,351$ -$ Private Improvements [g] Private Improvements 10,761,019$ -$ 10,761,019$ -$ $ - $ - $ - $ - 10,761,019$ -$ 10,761,019$ -$ $ - $ - $ - $ - Bond Issuance Costs [h] Debt Service Reserve Fund 939,177$ -$ -$ 939,177$ 527,258$ 127,413$ 284,507$ -$ Underwriter Discount 335,970 - - 335,970 222,570 35,076 78,324 - Underwriter's Counsel Fee 56,700 56,700 - 17,538 39,162 - Cost of Issuance 796,290 - - 796,290 427,740 113,998 254,552 - 2,128,137$ -$ -$ 2,128,137$ 1,177,567$ 294,025$ 656,544$ -$ Other Costs Deposit to Administrative Fund 80,000$ -$ -$ 80,000$ $ 40,000 $ 12,373 $ 27,627 $ - 80,000$ -$ -$ 80,000$ $ 40,000 $ 12,373 $ 27,627 $ - Total $ 37,426,120 $ 967,052 $10,761,019 $ 25,698,050 $ 9,896,675 $ 4,884,638 $ 7,950,639 $ 2,966,098 Footnotes: [a]Major Improvements and Improvement Area #1 Improvements costs based on the 2024 Amended and Restated Service and Assessment Plan.Improvement Area #2 Improvements costs based on the Engineer's Report dated 3/1/2024,attached hereto as Appendix A,and subject to change.Improvement Area #2-A and Improvement Area #2-B costs based on the Engineer's Report dated 1/4/2021,attached hereto as Appendix A,and subject to change.Authorized Improvement costs are estimates and will be updated with each Annual Service Plan Update,or Amended and Restated Service and Assessment Plan as appropriate,and include estimated Improvement Area #2 Bond Issuance Costs and Deposit to Administrative Fund.The Developer will be responsible for paying in the event of increase in costs,and the Improvement Area #1 Assessment and Improvement Area #2 Assessment will not be increased to cover these additional costs. [b]The Developer has agreed to pay for the allocable share of the Actual Costs of these Authorized Improvements that benefit the Non-Assessed Property and is shown as Developer Contribution -Non-Assessed Property on Exhibit D. [c]The Non-Assessed Property was allocated a portion of the Major Improvements pro rata based on acreage to the Non-Assessed Property and the District total acreage at the time of the Original Service and Assessment Plan as described therein. [d]The Major Improvement costs allocated to the Disctrict were allocated to Improvement Area #1 at the time of the 2023 Amended and Restated Service and Assessment Plan.The remainder of such costs shall be allocated to Improvement Area #2 and apportioned to the Remainder Area at the time of this 2024 Amended and Restated Service and Assessment Plan, as shown on Exhibit B-2. [e] Soft Costs includes engineering, surveying, testing, platting, inspection, construction management, and District Formation Costs. [f]The Improvement Area #2 Improvements are allocated to Improvement Area #2-A and Improvement Area #2-B pro rata based on acreage to the Estimated Buildout Value of all the Improvement Area #2 as described in Section V.A. [g]Private Improvements costs based on the 2024 Amended and Restated Servcie and Assessment Plan and the Engineer's Report dated 1/4/2021.Costs required to complete lots in Improvement Area #1 and Improvement Area #2 and reach final lot completion; non-reimbursable to the Developer from Assessments or PID Bonds. [h]Bond Issuance Costs associated with Improvement Area #1 Bonds had been updated to reflect the anticipated actual cost at the time of the Original Service and Assessment Plan.Bond Issuance Costs associated with the Improvement Area #2 Bonds are estimates only and will be determined at the time the Improvement Area #2 Bonds are issued in the future.In the event the Improvement Area #2 Bonds are not sold in a reasonable time frame, the portion of the assessment relating to these costs will be released. Total Costs[a]Non-Assessed Property[b]Private District Eligible Costs Improvement Area #1 Remainder AreaImprovement Area #2-A Improvement Area #2-B THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMEDNED AND RESTATED SERVICE AND ASSESSMENT PLAN 58 EXHIBIT B-2 – MAJOR IMPROVEMENTS APPORTIONMENT OF COSTS %Costs %Costs Improvement Area #1 218 78,930,000$ 1,343,359$ 0.00%-$ Improvement Area #2-A 48 18,480,000$ -$ 8.02%320,997$ Improvement Area #2-B 123 41,265,000$ -$ 17.90%716,772$ Remainder Area 535 170,760,000$ -$ 0.00%-$ 74.08%2,966,098$ Total 924 309,435,000$ 1,343,359$ 25.92%1,037,770$ 2,966,098$ Footnotes: Improvement Area #2[c] [a] Per information provided by the Developer in correspondance dated 2/20/2024. [b]The costs of the Major Improvements allocated to Improvement Area #1 at the time of the 2023 Amended and Restated Service and Assessment Plan. [c]The costs of the Major Improvements after the allocation to Improvement Area #1 at the time of the 2023 Amended and Restated Service and Assessment Plan,and are being allocated to Improvement Area #2 and apportioned to the Remainder Area pro rata based on Estimated Buildout Value at the time of this 2024 Amended and Restated Service and Assessment Plan. [d]Total Remainder Area Apportionment of Costs reimbursable in part or in full from future Assessments expected to be levied on the Remainder Area Apportioned Property. Major Improvements Remainder Area[c], [d]Improvement Area #1[b]Improvement Area Units Estimated Buildout Value[a] THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMEDNED AND RESTATED SERVICE AND ASSESSMENT PLAN 59 EXHIBIT B-3 – IMPROVEMENT AREA #2 ALLOCATION OF COSTS %Costs Improvement Area #2-A 48 18,480,000$ 30.93%569,803$ Improvement Area #2-B 123 41,265,000$ 69.07%1,272,344$ Total 171 59,745,000$ 100.00%1,842,147$ Footnotes: [a]Per information provided by the Developer in correspondance dated 2/20/2024. [b]The costs of the Improvement Area #2 Improvements are being allocated to Improvement Area #2-A and Improvement Area #2-B pro rata based on Estimated Buildout Value at the time of this 2024 Amended and Restated Service and Assessment Plan as described herein. UnitsImprovement Area Estimated Buildout Value[a] Improvement Area #2 Improvements THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMEDNED AND RESTATED SERVICE AND ASSESSMENT PLAN 60 EXHIBIT C – SERVICE PLAN Annual Installments Due 1/31/2025 1/31/2026 1/31/2027 1/31/2028 1/31/2029 Principal 110,000.00$ 115,000.00$ 121,000.00$ 126,000.00$ 132,000.00$ Interest 413,977.50 408,615.00 403,008.76 397,110.00 390,967.50 (1)523,977.50$ 523,615.00$ 524,008.76$ 523,110.00$ 522,967.50$ Additional Interest (2)36,430.00$ 35,880.00$ 35,305.00$ 34,700.00$ 34,070.00$ Annual Collection Costs (3)46,818.00$ 47,754.36$ 48,709.45$ 49,683.64$ 50,677.31$ Total Annual Installment (4) = (1) + (2) + (3)607,225.50$ 607,249.36$ 608,023.21$ 607,493.64$ 607,714.81$ Annual Installments Due 1/31/2025 1/31/2026 1/31/2027 1/31/2028 1/31/2029 Principal 22,183.83$ 23,514.86$ 24,925.76$ 26,421.30$ 28,006.58$ Interest 105,228.82 103,897.79 102,486.90 100,991.36 99,406.08 (1)127,412.66$ 127,412.66$ 127,412.66$ 127,412.66$ 127,412.66$ Additional Interest[a](2)-$ -$ -$ -$ -$ Annual Collection Costs (3)12,372.58$ 12,620.04$ 12,872.44$ 13,129.88$ 13,392.48$ Total Annual Installment (4) = (1) + (2) + (3)139,785.24$ 140,032.69$ 140,285.09$ 140,542.54$ 140,805.14$ Footnotes: Annual Installments Due 1/31/2025 1/31/2026 1/31/2027 1/31/2028 1/31/2029 Principal 49,535.49$ 52,507.62$ 55,658.08$ 58,997.57$ 62,537.42$ Interest 234,971.18 231,999.05 228,848.59 225,509.11 221,969.25 (1)284,506.67$ 284,506.67$ 284,506.67$ 284,506.67$ 284,506.67$ Additional Interest[a](2)-$ -$ -$ -$ -$ Annual Collection Costs (3)27,627.42$ 28,179.96$ 28,743.56$ 29,318.44$ 29,904.81$ Total Annual Installment (4) = (1) + (2) + (3)312,134.09$ 312,686.64$ 313,250.24$ 313,825.11$ 314,411.48$ Footnotes: Improvement Area #2-B [a]Additional Interest will not be charged on the Improvement Area #2-B Reimbursement Obligation.In the event Improvement Area #2 Bonds are issued,the Service Plan and Improvement Area #2-B Assessment Roll shall be updated to reflect the Additional Interest collected for the Improvement Area #2 Bonds. [a]Additional Interest will not be charged on the Improvement Area #2-A Reimbursement Obligation.In the event Improvement Area #2 Bonds are issued,the Service Plan and Improvement Area #2-A Assessment Roll shall be updated to reflect the Additional Interest collected for the Improvement Area #2 Bonds. Improvement Area #1 Improvement Area #2-A THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMEDNED AND RESTATED SERVICE AND ASSESSMENT PLAN 61 EXHIBIT D – SOURCES AND USES OF FUNDS Private Improvement Area #1 Improvement Area #2-A Improvement Area #2-B Remainder Area Total Improvement Area #1 Bonds -$ 7,419,000$ -$ -$ -$ 7,419,000$ Improvement Area #1 Issuance Discount - (51,433) - - - (51,433) Improvement Area #2 Reimbursement Obligation - - 1,753,814 3,916,186 - 5,670,000 Developer Contribution - Improvement Area #1[a]- 2,529,108 - - - 2,529,108 Developer Contribution - Improvement Area #2[a]- - 3,130,825 4,034,453 - 7,165,277 Developer Contribution - Major Improvements[b]- - - - 2,966,098 2,966,098 Developer Contribution - Non-Assessed Property[a],[c]967,052 - - - - 967,052 Developer Contribution - Private Improvements[a]10,761,019 - - - - 10,761,019 Total Sources 11,728,070$ 9,896,675$ 4,884,638$ 7,950,639$ 2,966,098$ 37,426,120$ Major Improvements 967,052$ 1,343,359$ 320,997$ 716,772$ 2,966,098$ 6,314,279$ Improvement Area #1 Improvements - 7,335,748 - - - 7,335,748 Improvement Area #2 Improvements - - 569,803 1,272,344 - 1,842,147 Improvement Area #2-A Improvements - - 3,687,441 - - 3,687,441 Improvement Area #2-B Improvements - - - 5,277,351 - 5,277,351 Private Improvements[a]10,761,019 - - - - 10,761,019 11,728,070$ 8,679,108$ 4,578,241$ 7,266,467$ 2,966,098$ 35,217,984$ Bond Issuance Costs [d], [e] Debt Service Reserve Fund -$ 527,258$ 127,413$ 284,507$ -$ 939,177$ Underwriter's Discount - 222,570 35,076 78,324 - 335,970 Underwriter's Counsel Fee - - 17,538 39,162 - 56,700 Cost of Issuance - 427,740 113,998 254,552 - 796,290 -$ 1,177,567$ 294,025$ 656,544$ -$ 2,128,137$ Other Costs Deposit to Administrative Fund -$ 40,000$ 12,373$ 27,627$ -$ 80,000$ -$ 40,000$ 12,373$ 27,627$ -$ 80,000$ Total Uses 11,728,070$ 9,896,675$ 4,884,638$ 7,950,639$ 2,966,098$ 37,426,120$ Footnotes: Sources of Funds Uses of Funds [a] Non-reimbursable to the Developer from Assessments or PID Bonds. [b] To be apportioned to the Remainder Area based on conferred benefit and is anticipated to be reimbursed, in whole or in part, but not yet levied. [c]The Developer has agreed to pay for the allocable share of the Actual Costs of these Authorized Improvement that benefit the Non-Assessed Property.These costs are non-reimbursable to the Developer from Assessments or PID Bonds. [d]Bond Issuance Costs associated with Improvement Area #1 Bonds had been updated to reflect the anticipated actual cost at the time of the Original Service and Assessment Plan.Bond Issuance Costs associated with the Improvement Area #2 Bonds are estimates only and will be determined at the time the Improvement Area #2 Bonds are issued in the future.In the event the Improvement Area #2 Bonds are not sold in a reasonable time frame,the portion of the assessment relating to these costs will be released. [e]If Improvement Area #2 Bonds to refinance Improvement Area #2 Reimbursement Obligation are not issued within five years from the date the Improvement Area #2 Assessments are levied,the Improvement Area #2 Assessments will be reduced in an amount equal to the estimated Bond Issuance Costs related to costs of issuing Improvement Area #2 Bonds,as shown in the table.The City Council shall reduce the Improvement Area #2 Assessment on a pro rata basis among all Improvement Area #2 Assessed Property. Improvement Area #2 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMEDNED AND RESTATED SERVICE AND ASSESSMENT PLAN 62 EXHIBIT E – MAXIMUM ASSESSMENT AND TAX RATE EQUIVALENT Per Unit Total Per Unit Total Per Unit Total Improvement Area #1 Lot Type 1 188 360,000$ 67,680,000$ 33,231.47$ 6,247,517$ 2,777.86$ 522,237$ 0.7716$ Lot Type 2 30 375,000$ 11,250,000$ 34,616.12$ 1,038,483$ 2,893.60$ 86,808$ 0.7716$ Improvement Area #1 Subtotal 218 78,930,000$ 7,286,000$ 609,045$ Improvement Area #2-A Lot Type 3 48 385,000$ 18,480,000$ 36,537.79$ 1,753,814$ 3,002.99$ 144,144$ 0.7800$ Improvement Area #2-A Subtotal 48 18,480,000$ 1,753,814$ 144,144$ Improvement Area #2-B Lot Type 4 26 300,000$ 7,800,000$ 28,471.00$ 740,246$ 2,340.00$ 60,840$ 0.7800$ Lot Type 5 97 345,000$ 33,465,000$ 32,741.65$ 3,175,940$ 2,690.99$ 261,026$ 0.7800$ Improvement Area #2-B Subtotal 123 41,265,000$ 3,916,186$ 321,866$ Total 389 138,675,000$ 12,956,000$ Footnotes: [a] Per information provided in correspondance dated 2/20/2024 by the Developer. [b] Improvement Area #1 Estimated Buildout Value at the time of the Original Service and Assessment Plan [c]Improvement Area #1 Assessment:the amount reflects the outstanding Assessment for Improvement Area #1 Assessed Property prior to Prepayment of Assessment paid, but not yet redeemed, as further described in Section IX.C. Estimated Buildout Value[a], [b]Assessment[c] Average Annual Installment Lot Type Units[a] Tax Rate Equivalent THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 63 EXHIBIT F-1 – IMPROVEMENT AREA #1 ASSESSMENT ROLL Property ID Situs Lot Type Notes Outstanding Assessment Annual Installment Due 1/31/25 2878330 2129 HAMPTON ST Lot Type 1 33,231.47$ 2,770.58$ 2878365 2148 HAMPTON ST Lot Type 1 33,231.47$ 2,770.58$ 2878360 2128 HAMPTON ST Lot Type 1 33,231.47$ 2,770.58$ 2878332 2121 HAMPTON ST Lot Type 1 33,231.47$ 2,770.58$ 2878345 1921 HAMPTON ST Lot Type 2 34,616.12$ 2,886.02$ 2878392 2016 HAMPTON ST Lot Type 2 34,616.12$ 2,886.02$ 2878388 2000 HAMPTON ST Lot Type 2 34,616.12$ 2,886.02$ 2878351 HAMPTON ST Non-Benefited Property -$ -$ 2878448 2136 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878399 1937 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878382 1904 HAMPTON ST Lot Type 2 34,616.12$ 2,886.02$ 2878459 2201 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878352 HAMPTON ST Non-Benefited Property -$ -$ 2878374 2121 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878375 2117 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878380 2101 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878387 1920 HAMPTON ST Lot Type 2 34,616.12$ 2,886.02$ 2878329 2133 HAMPTON ST Lot Type 1 33,231.47$ 2,770.58$ 2878339 2021 HAMPTON ST Lot Type 2 34,616.12$ 2,886.02$ 2878358 2120 HAMPTON ST Lot Type 1 33,231.47$ 2,770.58$ 2878355 2100 HAMPTON ST Lot Type 2 34,616.12$ 2,886.02$ 2878366 2152 HAMPTON ST Lot Type 1 33,231.47$ 2,770.58$ 2878350 HAMPTON ST Non-Benefited Property -$ -$ 2878327 2141 HAMPTON ST Lot Type 1 33,231.47$ 2,770.58$ 2878328 2137 HAMPTON ST Lot Type 1 33,231.47$ 2,770.58$ 2878340 2017 HAMPTON ST Lot Type 2 34,616.12$ 2,886.02$ 2878341 2013 HAMPTON ST Lot Type 2 34,616.12$ 2,886.02$ 2878368 2201 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878391 2012 HAMPTON ST Lot Type 2 34,616.12$ 2,886.02$ 2878347 1913 HAMPTON ST Lot Type 2 34,616.12$ 2,886.02$ 2878404 1917 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878428 2001 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878412 1916 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878501 2016 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878389 2004 HAMPTON ST Lot Type 2 34,616.12$ 2,886.02$ 2878349 1905 HAMPTON ST Lot Type 2 34,616.12$ 2,886.02$ 2878445 2124 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878451 2204 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878333 2117 HAMPTON ST Lot Type 2 [b]-$ -$ 2878335 2113 HAMPTON ST Lot Type 2 34,616.12$ 2,886.02$ Improvement Area #1[a] THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 64 Property ID Situs Lot Type Notes Outstanding Assessment Annual Installment Due 1/31/25 2878342 2009 HAMPTON ST Lot Type 2 34,616.12$ 2,886.02$ 2878378 2109 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878379 2105 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878454 2216 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878449 2140 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878416 1932 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878383 1908 HAMPTON ST Lot Type 2 34,616.12$ 2,886.02$ 2878458 2205 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878460 2129 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878338 2101 HAMPTON ST Lot Type 2 34,616.12$ 2,886.02$ 2878356 2108 HAMPTON ST Lot Type 2 34,616.12$ 2,886.02$ 2878346 1917 HAMPTON ST Lot Type 2 34,616.12$ 2,886.02$ 2878395 2013 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878469 2112 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878431 1941 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878479 2117 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878496 1948 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878437 1917 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878549 2116 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878484 1900 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878492 1932 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878488 1916 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878515 1933 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878531 1932 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878453 2212 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878519 1917 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878529 1924 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878442 2108 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878423 2020 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878421 2012 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878415 1928 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878411 1912 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878477 2205 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878409 1904 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878480 2113 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878551 2204 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878542 2020 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878486 1908 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878535 1948 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878534 1944 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ Improvement Area #1[a] THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 65 Property ID Situs Lot Type Notes Outstanding Assessment Annual Installment Due 1/31/25 2878530 1928 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878450 2200 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878396 2009 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878336 2109 HAMPTON ST Lot Type 2 34,616.12$ 2,886.02$ 2878385 1912 HAMPTON ST Lot Type 2 34,616.12$ 2,886.02$ 2878398 2001 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878468 2100 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878429 1949 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878337 2105 HAMPTON ST Lot Type 2 34,616.12$ 2,886.02$ 2878343 2005 HAMPTON ST Lot Type 2 34,616.12$ 2,886.02$ 2878377 2113 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878397 2005 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878462 2121 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878406 1901 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878426 2009 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878441 2100 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878464 2113 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878465 2109 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878547 2108 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878413 1920 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878502 2020 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878482 2105 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878532 1936 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878483 2101 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878495 1944 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878506 2009 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878438 1913 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878544 2104 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878487 1912 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878538 2004 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878521 1905 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878386 1916 HAMPTON ST Lot Type 2 34,616.12$ 2,886.02$ 2878461 2125 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878401 1929 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878548 2112 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878543 2100 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878331 2125 HAMPTON ST Lot Type 1 33,231.47$ 2,770.58$ 2878359 2124 HAMPTON ST Lot Type 1 33,231.47$ 2,770.58$ 2878323 2149 HAMPTON ST Lot Type 1 33,231.47$ 2,770.58$ 2878364 2144 HAMPTON ST Lot Type 1 33,231.47$ 2,770.58$ Improvement Area #1[a] THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 66 Property ID Situs Lot Type Notes Outstanding Assessment Annual Installment Due 1/31/25 2878367 2209 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878390 2008 HAMPTON ST Lot Type 2 34,616.12$ 2,886.02$ 2878361 2132 HAMPTON ST Lot Type 1 33,231.47$ 2,770.58$ 2878370 2137 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878369 2141 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878372 2129 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878393 2021 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878447 2132 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878446 2128 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878467 2101 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878420 2008 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878419 2004 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878473 2128 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878353 HARLOW BLVD Non-Benefited Property -$ -$ 2878489 1920 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878518 1921 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878524 1904 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878455 2217 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878472 2124 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878444 2120 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878422 2016 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878457 2209 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878523 1900 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878471 2120 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878432 1937 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878500 2012 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878410 1908 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878497 2000 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878504 2017 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878474 2200 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878503 2021 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878553 2212 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878537 1956 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878517 1925 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878490 1924 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878541 2016 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878511 1949 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878536 1952 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878527 1916 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878526 1912 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ Improvement Area #1[a] THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 67 Property ID Situs Lot Type Notes Outstanding Assessment Annual Installment Due 1/31/25 2878525 1908 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878326 2145 HAMPTON ST Lot Type 1 33,231.47$ 2,770.58$ 2878363 2140 HAMPTON ST Lot Type 1 33,231.47$ 2,770.58$ 2878362 2136 HAMPTON ST Lot Type 1 33,231.47$ 2,770.58$ 2878371 2133 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878373 2125 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878348 1909 HAMPTON ST Lot Type 2 34,616.12$ 2,886.02$ 2878394 2017 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878443 2112 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878400 1933 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878381 1900 HAMPTON ST Lot Type 2 34,616.12$ 2,886.02$ 2878513 1941 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878424 2017 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878405 1913 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878414 1924 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878514 1937 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878357 2112 HAMPTON ST Lot Type 2 34,616.12$ 2,886.02$ 2878498 2004 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878493 1936 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878491 1928 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878510 1953 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878466 2105 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878499 2008 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878434 1929 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878439 1905 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878440 1901 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878509 1957 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878539 2008 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878485 1904 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878516 1929 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878456 2213 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878402 1925 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878403 1921 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878476 2209 WILLIE RAY ST Non-Benefited Property -$ -$ 2878407 1900 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878435 1925 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878554 2216 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878552 2208 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878452 2208 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878463 2117 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ Improvement Area #1[a] THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 68 Property ID Situs Lot Type Notes Outstanding Assessment Annual Installment Due 1/31/25 2878425 2013 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878417 1936 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878430 1945 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878481 2109 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878433 1933 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878494 1940 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878520 1913 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878522 1901 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878507 2005 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878540 2012 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878533 1940 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878344 2001 HAMPTON ST Lot Type 2 34,616.12$ 2,886.02$ 2878470 2116 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878478 2201 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878505 2013 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878508 2001 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878550 2200 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878512 1945 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878528 1920 WILLIE RAY ST Lot Type 1 33,231.47$ 2,770.58$ 2878418 2000 STINNET ST Lot Type 1 33,231.47$ 2,770.58$ 2878427 2005 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878475 2204 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 2878436 1921 SUE ELLEN ST Lot Type 1 33,231.47$ 2,770.58$ 7,251,383.84$ 604,563.62$ Footnotes: [a]Totals may not sum or match the total outstanding Assessment or Annual Installment due to rounding and Prepayment of Assessment. [b] Property ID prepaid Assessment in full. Improvement Area #1[a] Total THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 69 EXHIBIT F-2 – IMPROVEMENT AREA #1 ANNUAL INSTALLMENT Annual Installments Due 1/31 Principal Interest[a] Additional Interest Reserve Fund[b] Annual Collection Costs Total Annual Installment[c] 2025 110,000.00$ 413,977.50$ 36,430.00$ -$ 46,818.00$ 607,225.50$ 2026 115,000.00$ 408,615.00$ 35,880.00$ -$ 47,754.36$ 607,249.36$ 2027 121,000.00$ 403,008.76$ 35,305.00$ -$ 48,709.45$ 608,023.21$ 2028 126,000.00$ 397,110.00$ 34,700.00$ -$ 49,683.64$ 607,493.64$ 2029 132,000.00$ 390,967.50$ 34,070.00$ -$ 50,677.31$ 607,714.81$ 2030 138,000.00$ 384,532.50$ 33,410.00$ -$ 51,690.86$ 607,633.36$ 2031 145,000.00$ 377,805.00$ 32,720.00$ -$ 52,724.68$ 608,249.68$ 2032 153,000.00$ 369,648.76$ 31,995.00$ -$ 53,779.17$ 608,422.93$ 2033 161,000.00$ 361,042.50$ 31,230.00$ -$ 54,854.75$ 608,127.25$ 2034 170,000.00$ 351,986.26$ 30,425.00$ -$ 55,951.85$ 608,363.11$ 2035 180,000.00$ 342,423.76$ 29,575.00$ -$ 57,070.89$ 609,069.65$ 2036 190,000.00$ 332,298.76$ 28,675.00$ -$ 58,212.31$ 609,186.07$ 2037 200,000.00$ 321,611.26$ 27,725.00$ -$ 59,376.56$ 608,712.82$ 2038 212,000.00$ 310,361.26$ 26,725.00$ -$ 60,564.09$ 609,650.35$ 2039 223,000.00$ 298,436.26$ 25,665.00$ -$ 61,775.37$ 608,876.63$ 2040 236,000.00$ 285,892.50$ 24,550.00$ -$ 63,010.88$ 609,453.38$ 2041 249,000.00$ 272,617.50$ 23,370.00$ -$ 64,271.10$ 609,258.60$ 2042 264,000.00$ 258,611.26$ 22,125.00$ -$ 65,556.52$ 610,292.78$ 2043 279,000.00$ 243,761.26$ 20,805.00$ -$ 66,867.65$ 610,433.91$ 2044 294,000.00$ 228,067.50$ 19,410.00$ -$ 68,205.00$ 609,682.50$ 2045 312,000.00$ 210,795.00$ 17,940.00$ -$ 69,569.10$ 610,304.10$ 2046 331,000.00$ 192,465.00$ 16,380.00$ -$ 70,960.48$ 610,805.48$ 2047 350,000.00$ 173,018.76$ 14,725.00$ -$ 72,379.69$ 610,123.45$ 2048 372,000.00$ 152,456.26$ 12,975.00$ -$ 73,827.28$ 611,258.54$ 2049 394,000.00$ 130,601.26$ 11,115.00$ -$ 75,303.83$ 611,020.09$ 2050 418,000.00$ 107,453.76$ 9,145.00$ -$ 76,809.91$ 611,408.67$ 2051 443,000.00$ 82,896.26$ 7,055.00$ -$ 78,346.11$ 611,297.37$ 2052 470,000.00$ 56,870.00$ 4,840.00$ -$ 79,913.03$ 611,623.03$ 2053 498,000.00$ 29,257.50$ 2,490.00$ (527,257.50)$ 81,511.29$ 84,001.29$ Total 7,286,000.00$ 7,888,588.90$ 681,455.00$ (527,257.50)$ 1,816,175.16$ 17,144,961.56$ Footnotes: [a]Interest rate on the Improvement Area #1 Bonds is 4.875%for bonds maturing 2030,5.625%for bonds maturing 2043, and 5.875% for bonds maturing 2053. [b] Assumes the Reserve Fund is fully funded and available to reduce Annual Installments in the final year. [c]The figures shown above are estimates only and subject to change in Annual Service Plan Updates.Changes in Annual Collection Costs,reserve fund requirements,interest earnings,or other available offsets could increase or decrease the amounts shown. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 70 EXHIBIT G-1 – IMPROVEMENT AREA #2-A ASSESSMENT ROLL Property ID[a]Lot Type Outstanding Assessment Annual Installment Due 1/31/25 2832376 Improvement Area #2-A Initial Parcel 1,753,813.71$ 139,785.24$ 1,753,813.71$ 139,785.24$ Footnotes: [a]As of January 2024,the entire Improvement Area #2-A is contained within Property ID 2832376.For billing purposes,the Improvement Area #2-A Annual Installment due 1/31/2025 shall be allocated to Improvement Area #2-A Initial Parcel. Improvement Area #2-A Total THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 71 EXHIBIT G-2 – PROJECTED IMPROVEMENT AREA #2-A ANNUAL INSTALLMENT Annual Installments Due 1/31 Principal Interest[a] Annual Collection Costs Total Annual Installment[c] 2025 22,183.83$ 105,228.82$ 12,372.58$ 139,785.24$ 2026 23,514.86$ 103,897.79$ 12,620.04$ 140,032.69$ 2027 24,925.76$ 102,486.90$ 12,872.44$ 140,285.09$ 2028 26,421.30$ 100,991.36$ 13,129.88$ 140,542.54$ 2029 28,006.58$ 99,406.08$ 13,392.48$ 140,805.14$ 2030 29,686.97$ 97,725.68$ 13,660.33$ 141,072.99$ 2031 31,468.19$ 95,944.46$ 13,933.54$ 141,346.20$ 2032 33,356.28$ 94,056.37$ 14,212.21$ 141,624.87$ 2033 35,357.66$ 92,055.00$ 14,496.45$ 141,909.11$ 2034 37,479.12$ 89,933.54$ 14,786.38$ 142,199.04$ 2035 39,727.87$ 87,684.79$ 15,082.11$ 142,494.77$ 2036 42,111.54$ 85,301.12$ 15,383.75$ 142,796.41$ 2037 44,638.23$ 82,774.42$ 15,691.43$ 143,104.09$ 2038 47,316.53$ 80,096.13$ 16,005.26$ 143,417.91$ 2039 50,155.52$ 77,257.14$ 16,325.36$ 143,738.02$ 2040 53,164.85$ 74,247.81$ 16,651.87$ 144,064.53$ 2041 56,354.74$ 71,057.92$ 16,984.91$ 144,397.56$ 2042 59,736.03$ 67,676.63$ 17,324.60$ 144,737.26$ 2043 63,320.19$ 64,092.47$ 17,671.10$ 145,083.75$ 2044 67,119.40$ 60,293.26$ 18,024.52$ 145,437.18$ 2045 71,146.56$ 56,266.09$ 18,385.01$ 145,797.67$ 2046 75,415.36$ 51,997.30$ 18,752.71$ 146,165.37$ 2047 79,940.28$ 47,472.38$ 19,127.76$ 146,540.42$ 2048 84,736.69$ 42,675.96$ 19,510.32$ 146,922.97$ 2049 89,820.90$ 37,591.76$ 19,900.52$ 147,313.18$ 2050 95,210.15$ 32,202.51$ 20,298.53$ 147,711.19$ 2051 100,922.76$ 26,489.90$ 20,704.50$ 148,117.16$ 2052 106,978.12$ 20,434.53$ 21,118.59$ 148,531.25$ 2053 113,396.81$ 14,015.85$ 21,540.96$ 148,953.62$ 2054 120,200.62$ 7,212.04$ 21,971.78$ 149,384.44$ Total[c]1,753,813.71$ 2,068,566.00$ 501,931.97$ 4,324,311.67$ Footnotes: [a] Interest is calculated at a 5.71% rate for illustrative purposes, and subject to change. [b]The figures shown above are estimates only and subject to change in Annual Service Plan Updates.Changes in Annual Collection Costs,interest earnings,or other available offsets could increase or decrease the amounts shown. [c] Totals may not sum due to rounding. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 72 EXHIBIT G-3 – IMPROVEMENT AREA #2-B ASSESSMENT ROLL Property ID[a]Lot Type Outstanding Assessment Annual Installment Due 1/31/25 2832376 Improvement Area #2-B Initial Parcel 3,916,186.29$ 312,134.09$ 3,916,186.29$ 312,134.09$ Footnotes: [a]As of January 2024,the entire Improvement Area #2-B is contained within Property ID 2832376.For billing purposes,the Improvement Area #2-B Annual Installment due 1/31/2025 shall be allocated to Improvement Area #2-B Initial Parcel. Improvement Area #2-B Total THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 73 EXHIBIT G-4 – PROJECTED IMPROVEMENT AREA #2-B ANNUAL INSTALLMENT Annual Installments Due 1/31 Principal Interest[a] Annual Collection Costs Total Annual Installment[c] 2025 49,535.49$ 234,971.18$ 27,627.42$ 312,134.09$ 2026 52,507.62$ 231,999.05$ 28,179.96$ 312,686.64$ 2027 55,658.08$ 228,848.59$ 28,743.56$ 313,250.24$ 2028 58,997.57$ 225,509.11$ 29,318.44$ 313,825.11$ 2029 62,537.42$ 221,969.25$ 29,904.81$ 314,411.48$ 2030 66,289.66$ 218,217.01$ 30,502.91$ 315,009.58$ 2031 70,267.04$ 214,239.63$ 31,112.96$ 315,619.63$ 2032 74,483.07$ 210,023.60$ 31,735.22$ 316,241.89$ 2033 78,952.05$ 205,554.62$ 32,369.93$ 316,876.60$ 2034 83,689.17$ 200,817.50$ 33,017.33$ 317,524.00$ 2035 88,710.52$ 195,796.15$ 33,677.67$ 318,184.34$ 2036 94,033.16$ 190,473.51$ 34,351.23$ 318,857.90$ 2037 99,675.15$ 184,831.53$ 35,038.25$ 319,544.92$ 2038 105,655.65$ 178,851.02$ 35,739.01$ 320,245.68$ 2039 111,994.99$ 172,511.68$ 36,453.80$ 320,960.47$ 2040 118,714.69$ 165,791.98$ 37,182.87$ 321,689.54$ 2041 125,837.58$ 158,669.10$ 37,926.52$ 322,433.19$ 2042 133,387.83$ 151,118.84$ 38,685.06$ 323,191.73$ 2043 141,391.10$ 143,115.57$ 39,458.75$ 323,965.43$ 2044 149,874.57$ 134,632.11$ 40,247.93$ 324,754.60$ 2045 158,867.04$ 125,639.63$ 41,052.89$ 325,559.56$ 2046 168,399.06$ 116,107.61$ 41,873.95$ 326,380.62$ 2047 178,503.01$ 106,003.67$ 42,711.43$ 327,218.10$ 2048 189,213.19$ 95,293.49$ 43,565.65$ 328,072.32$ 2049 200,565.98$ 83,940.69$ 44,436.97$ 328,943.64$ 2050 212,599.94$ 71,906.74$ 45,325.71$ 329,832.38$ 2051 225,355.93$ 59,150.74$ 46,232.22$ 330,738.89$ 2052 238,877.29$ 45,629.38$ 47,156.86$ 331,663.53$ 2053 253,209.92$ 31,296.75$ 48,100.00$ 332,606.67$ 2054 268,402.52$ 16,104.15$ 49,062.00$ 333,568.67$ Total[c]3,916,186.29$ 4,619,013.85$ 1,120,791.26$ 9,655,991.40$ Footnotes: [a] Interest is calculated at a 5.71% rate for illustrative purposes, and subject to change. [b]The figures shown above are estimates only and subject to change in Annual Service Plan Updates.Changes in Annual Collection Costs,interest earnings,or other available offsets could increase or decrease the amounts shown. [c] Totals may not sum due to rounding. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 74 EXHIBIT H-1 – MAPS OF MAJOR IMPROVEMENTS THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 75 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 76 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 77 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 78 EXHIBIT H-2 – MAPS OF IMPROVEMENT AREA #1 IMPROVEMENTS THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 79 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 80 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 81 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 82 EXHIBIT H-3 – MAPS OF IMPROVEMENT AREA #2 IMPROVEMENTS, IMPROVEMENT AREA #2-A IMPROVEMENTS, AND IMPROVEMENT AREA #2-B IMPROVEMENTS THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 83 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 84 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 85 EXHIBIT I – FORM OF NOTICE OF ASSESSMENT TERMINATION P3Works, LLC 9284 Huntington Square, Suite 100 North Richland Hills, TX 76182 ______________________________________________________________________________ [Date] Collin County Clerk’s Office Honorable [County Clerk] Collin County Administration Building 2300 Bloomdale Rd, Suite 2106 McKinney, TX 75071 Re: City of Anna Lien Release documents for filing Dear Ms./Mr. [County Clerk] Enclosed is a lien release that the City of Anna is requesting to be filed in your office. Lien release for [insert legal description]. Recording Numbers: [Plat]. Please forward copies of the filed documents to my attention: City of Anna Attn: City Secretary 120 W. 7th Street Anna, TX 75409 Please contact me if you have any questions or need additional information. Sincerely, [Signature] P3Works, LLC (817) 393-0353 Admin@P3-Works.com www.P3-Works.com THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 86 AFTER RECORDING RETURN TO: [City Secretary Name] 120 W. 7th Street Anna, TX 75409 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. FULL RELEASE OF PUBLIC IMPROVEMENT DISTRICT LIEN STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN § THIS FULL RELEASE OF PUBLIC IMPROVEMENT DISTRICT LIEN (this "Full Release") is executed and delivered as of the Effective Date by the City of Anna, Texas, a Texas home rule municipality (the “City”). RECITALS WHEREAS, the governing body (hereinafter referred to as the "City Council") of the City of Anna, Texas is authorized by Chapter 372, Texas Local Government Code, as amended (hereinafter referred to as the "Act"), to create public improvement districts within the corporate limits of the City; and WHEREAS, on February 14, 2023, the City Council of the City approved Resolution No. 2023-02-1378 creating The Woods at Lindsey Place Public Improvement District (the “District”); and WHEREAS, the District consists of approximately 198.006 contiguous acres within the corporate limits of the City; and WHEREAS, on March 14, 2023, the City Council, approved Ordinance No. ____________, (hereinafter referred to as the "Assessment Ordinance") approving a service and assessment plan and assessment roll for the real property located with the District, the Assessment Ordinance being recorded on _____________, as Instrument No. ________ in the Official Public Records of Collin County, TX; and WHEREAS, the Assessment Ordinance imposed an assessment in the amount of [amount] (hereinafter referred to as the "Lien Amount") and further imposed a lien to secure the payment of the Lien Amount (the “Lien”) against the following property located within the District, to wit: THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 87 [legal description], an addition to the City of [City], [County], Texas, according to the map or plat thereof recorded as Instrument No. ________ in the Map Records of Collin County, Texas (the "Property"); and WHEREAS, the Lien Amount has been paid in full. RELEASE NOW THEREFORE, for and in consideration of the full payment of the Lien Amount, the City/County hereby releases and discharges, and by these presents does hereby release and discharge, the Lien to the extent that is affects and encumbers the Property. EXECUTED to be EFFECTIVE this the _____ day of _________, 20__. CITY OF ANNA, TEXAS, A Texas home rule municipality, By: _______________________________ [Manager Name], City Manager ATTEST: _______________________________ [Secretary Name], City Secretary STATE OF TEXAS § § COUNTY OF COLLIN § This instrument was acknowledged before me on the ____ day of ________, 20__, by [City Manager], City Manager for the City of Anna, Texas, a Texas home rule municipality, on behalf of said municipality. _______________________________ Notary Public, State of Texas THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 88 EXHIBIT J – DEBT SERVICE SCHEDULE FOR IMPROVEMENT AREA #1 BONDS THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 89 EXHIBIT L-1 – DISTRICT LEGAL DESCRIPTION THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 90 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 91 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 92 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 93 EXHIBIT L-2 – IMPROVEMENT AREA #1 LEGAL DESCRIPTION THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 94 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 95 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 96 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 97 EXHIBIT L-3 – IMPROVEMENT AREA #2-A LEGAL DESCRIPTION WHEREAS D.R. HORTON-TEXAS, LTD., are the owners of a tract of land situated in the City of Anna, Collin County, Texas, being a part of Eli W. Witt Survey, Abstract No. 997, being a part of a called 275.00 acre tract of land as described in Special Warranty Deed to D.R. HORTON-TEXAS, LTD., recorded in Instrument No. 20210212000310470, Official Public Records of Collin County, Texas (O.P.R.C.C.T.), and being more particularly described as follows; COMMENCING at a five-eighths inch iron rod with yellow plastic cap (stamp illegible) found at the southeast corner of said 275.00 acre tract and at the northeast corner of a called 61.905 acre tract of land as described in a Special Warranty Deed to Bloomfield Homes, LP, a Texas Limited Partnership, recorded in Instrument No. 20211220002555410 (O.P.R.C.C.T.); THENCE South 89 degrees 28 minutes 48 seconds West, along the south line of said 275.00 acre tract and the north line of said 61.905 acre tract, a distance of 659.19 feet to a one-half inch iron rod with yellow plastic cap stamped “BOHLER ENG.”, (hereon after called “capped iron rod”) set at the POINT OF BEGINNING of the herein described tract of land; THENCE South 89 degrees 28 minutes 48 seconds West, along the south line of said 275.000 acre tract, a distance of 2,325.68 feet to a mag nail with washer stamped "BOHLER ENG." set at the southwest corner of said 275.00 acre tract of land, at the northwest corner of a called 64.50 acre tract of land described in a in a deed, recorded in Volume 5106, Page 2380 (O.P.R.C.C.T.) and said corner being in the east line of a called 17.863 acre tract of land as described in a Special Warranty Deed to Anna 18, LLC, a Texas limited liability company, recorded in Instrument No. 20161020001423440 (O.P.R.C.C.T.); THENCE North 01 degree 07 minutes 28 seconds West, along the west line of said 275.00 acre tract, and the east line of said 17.863 acre tract, a distance of 272.50 feet to a one-half inch iron rod found at the northeast corner of said 17.863 acre tract and the southeast corner of a called 74.451 acre tract of land as described in a General Warranty Deed to Anna 75 Investors, LLC, recorded in Instrument No. 2023000049628 (O.P.R.C.C.T.); THENCE North 00 degrees 33 minutes 39 seconds West, along the west line of said 275.00 acre tract and the east line of said 74.451 acre tract, a distance of 4.67 feet to a capped iron rod found at the southwest corner of Rosamond Parkway (120-foot width right-of-way) as shown on final plat of The Woods at Lindsey Place Phase 1, recorded in Instrument No. 2023010000115 (O.P.R.C.C.T.),; THENCE Along the southerly right-of-way line of said Rosamond Parkway, the following courses and distances: Northeasterly a distance of 408.87 feet along a non-tangent curve to the left, having a central angle of 25 degrees 44 minutes 36 seconds, a radius of 910.00 feet, a tangent length of 207.94 feet and whose chord bears North 70 degrees 11 minutes 40 seconds East, a distance of 405.44 feet to a capped iron rod found for corner; Northeasterly a distance of 442.68 feet along a tangent curve to the right, having a central angle of 32 degrees 06 minutes 22 seconds, a radius of 790.00 feet, a tangent length of 227.32 feet and whose chord bears of North 73 degrees 22 minutes 33 seconds East, a distance of 436.91 feet to a capped iron rod found for corner; THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 98 North 89 degrees 25 minutes 44 seconds East, a distance of 42.00 feet to a capped iron rod found for corner; South 45 degrees 34 minutes 16 seconds East, a distance of 42.43 feet to a capped iron rod found for corner; North 89 degrees 25 minutes 44 seconds East, a distance of 90.00 feet to a capped iron rod found for corner; North 44 degrees 25 minutes 44 seconds East, a distance of 42.43 feet to a capped iron rod found for corner: North 89 degrees 25 minutes 44 seconds East, a distance of 287.14 feet to a capped iron rod found for corner; Northeasterly a distance of 597.97 feet along a tangent curve to the left, having a central angle of 27 degrees 11 minutes 29 seconds, a radius of 1,260.00 feet, a tangent length of 304.73 feet and whose chord bears North 75 degrees 49 minutes 59 seconds, and a chord distance of 592.38 feet to a capped iron rod found for corner; North 62 degrees 14 minutes 14 seconds East, a distance of 357.72 feet to a capped iron rod found for corner; South 27 degrees 45 minutes 46 seconds East, a distance of 15.00 feet to a capped iron rod set for corner; South 49 degrees 18 minutes 42 seconds East, a distance of 194.61 feet to a capped iron rod set for corner; South 00 degrees 31 minutes 12 seconds East, a distance of 694.65 feet to the POINT OF BEGINNING containing 1,273,196 Sq. Ft. and 29.229 acres of land. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 99 EXHIBIT L-4 – IMPROVEMENT AREA #2-B LEGAL DESCRIPTION WHEREAS D.R. HORTON – TEXAS, LTD., is the owner of a tract of land situated in the City of Anna, Collin County, Texas, being a part of Eli Witt Survey, Abstract No. 997, being a part of a called 275.00 acre tract of land described in Special Warranty Deed to D.R. HORTON – TEXAS, LTD., recorded in Instrument No. 20210212000310470, Official Public Records, Collin County, Texas, (O.P.R.C.C.T.) and the subject tract, and being more particularly described as follows; COMMENCING at a one-half inch iron rod found on the west line of said 275.00 acre tract, at the northeast corner of a called 17.863 acre tract of land described in a Special Warranty Deed to Anna 18, LLC, recorded by Inst. No. 20161020001423440, (O.P.R.C.C.T.) and at the southeast corner of a called 74.451 acre tract of land described in a Special Warranty Deed to Anna 75 Investors, LLC recorded in Instrument Number 2023000049628, (O.P.R.C.C.T.); THENCE North 00 degrees 33 minutes 39 seconds West, along the west line of said 275.00 acre tract and the east line of said 74.451 acre tract, passing at a distance of 4.67 feet a one -half inch iron rod with yellow plastic cap stamped “BOHLER ENG” found at the southwest corner of Rosamond Parkway (120-foot width right-of-way) as shown on final plat of The Woods at Lindsey Place Phase 1, an addition to the City of Anna, recorded in Instrument No. 2023010000115 (O.P.R.C.C.T.), and passing at a distance of 125.53 feet a one-half inch iron rod with yellow plastic cap stamped “BOHLER ENG” found at the northwest corner of said Rosamond Parkway, in all, a total distance of 2,864.10 feet to a one-half inch iron rod with a yellow plastic cap stamped “BOHLER ENG” (herein after called a “capped iron rod”) set at being the POINT OF BEGINNING; THENCE North 00 degrees 33 minutes 39 seconds West, continuing along the west line of said 275.00 acre tract and the east line of said 74.451 acre tract, a distance of 928.78 feet to a capped iron rod set for corner; THENCE departing the west line of said 275.00 acre tract and the east line of said 74.451 acre tract, over and across said 275.00 acre tract the following courses and distances; Northeasterly a distance of 780.55 feet along a non-tangent curve to the right, having a central angle of 21 degrees 55 minutes 21 seconds, a radius is 2,040.00 feet, a tangent length of 395.11 feet and whose chord bears North 21 degrees 45 minutes 56 seconds East, a chord distance of 775.80 feet to a capped iron rod set for corner; North 32 degrees 43 minutes 36 seconds East, a distance of 143.56 feet to a capped iron rod set for corner on the north line of said 275.00 acre tract and the south line of a called 92.667 acre tract of land described as Tract Two in a Correction Special Warranty Deed to Liberty 800, LP recorded by Instrument No. 2023000025691 (O.P.R.C.C.T.), from which a one-half inch iron rod found bears North 86 degrees 39 minutes 03 seconds West, a distance of 374.37 feet for the northwest corner of said 275.00 are tract; THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 100 THENCE South 86 degrees 39 minutes 03 seconds East, along the north line of said 275.00 acre tract and the south line of said 92.667 acre tract, a distance of 91.81 feet to a capped iron rod set for corner, from which a one-half inch iron rod found bears South 86 degrees 39 minutes 03 seconds East, a distance of 308.57 feet for the most easterly southeast corner of said 92.667 acre tract; THENCE departing the north line of said 275.00 acre tract and the south line of said 92.667 acre tract, over and across said 275.00 acre tract the following courses and distances: South 32 degrees 43 minutes 36 seconds West, a distance of 88.26 feet to a capped iron rod set for corner; South 12 degrees 16 minutes 24 seconds East, a distance of 42.43 feet to a capped iron rod set for corner; South 32 degrees 43 minutes 36 seconds West, a distance of 70.34 feet to a capped iron rod set for corner; Southwesterly a distance of 20.23 feet along a tangent curve to the left, having a central angle of 00 degrees 36 minutes 03 seconds, a radius is 1,930.00 feet, a tangent length of 10.12 feet and whose chord bears South 32 degrees 25 minutes 35 seconds West, a distance of 20.23 feet to a capped iron rod set for corner; South 77 degrees 22 minutes 37 seconds West, a distance of 41.93 feet to a capped iron rod set for corner; Southwesterly a distance of 660.10 feet along a non-tangent curve to the left, having a central angle of 19 degrees 17 minutes 47 seconds, a radius is 1,960.00 feet, a tangent length of 333.21 feet and whose chord bears South 21 degrees 36 minutes 54 seconds West, a chord distance of 656.99 feet to a capped iron rod set for corner; South 33 degrees 37 minutes 41 seconds East, a distance of 42.31 feet to a capped iron rod set for corner; Southwesterly a distance of 90.24 feet along a non-tangent curve to the left, having a central angle of 02 degrees 40 minutes 44 seconds, a radius is 1,930.00 feet, a tangent length of 45.13 feet and whose chord bears South 09 degrees 44 minutes 53 seconds West, and chord distance of 90.23 feet to a capped iron rod set for corner; South 53 degrees 05 minutes 56 seconds West, a distance of 42.33 feet to a capped iron rod set for corner; Southwesterly distance of 276.75 feet along a non-tangent curve to the left, having a central angle of 08 degrees 05 minutes 23 seconds, a radius is 1,960.00 feet, a tangent length of 138.60 feet and whose chord bears South 03 degrees 29 minutes 03 seconds West, and chord distance of 276.51 feet to a capped iron rod set for corner; THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 101 South 00 degrees 33 minutes 39 seconds East, a distance of 291.35 feet to a capped iron rod set for corner; South 45 degrees 33 minutes 39 seconds East, a distance of 42.43 feet to a capped iron rod set for corner; North 89 degrees 26 minutes 21 seconds East, a distance of 167.00 feet to a capped iron rod set for corner; South 77 degrees 19 minutes 13 seconds East, a distance of 77.32 feet to a capped iron rod set for corner; North 51 degrees 03 minutes 34 seconds East, a distance of 12.42 feet to capped iron rod set for corner; North 00 degrees 33 minutes 39 seconds West, a distance of 105.00 feet to a capped iron rod set for corner; North 89 degrees 26 minutes 21 seconds East, a distance of 540.00 feet to a capped iron rod set for corner; South 00 degrees 33 minutes 39 seconds East, a distance of 115.00 feet to a capped iron rod set for corner; North 89 degrees 26 minutes 21 seconds East, a distance of 24.50 feet to a capped iron rod set for corner; South 00 degrees 33 minutes 39 seconds East, a distance of 50.00 feet to a capped iron rod set for corner; South 89 degrees 26 minutes 21 seconds West, a distance of 7.77 feet to a capped iron rod set for corner; South 44 degrees 26 minutes 21 seconds West, a distance of 14.14 feet to a capped iron rod set for corner; South 00 degrees 33 minutes 39 seconds East, a distance of 110.00 feet to a capped iron rod set for corner; North 89 degrees 26 minutes 21 seconds East, a distance of 310.00 feet to a capped iron rod set for corner; South 00 degrees 33 minutes 39 seconds East, a distance of 120.00 feet to a capped iron rod set for corner; THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 102 North 89 degrees 26 minutes 21 seconds East, a distance of 128.63 feet to a capped iron rod set for corner; South 00 degrees 33 minutes 39 seconds East, a distance of 460.00 feet to a capped iron rod set for corner; South 89 degrees 26 minutes 21 seconds West, a distance of 21.37 feet to a capped iron rod set for corner; South 00 degrees 33 minutes 39 seconds East, a distance of 150.00 feet to a capped iron rod set for corner; South 27 degrees 46 minutes 10 seconds East, a distance of 58.73 feet to a capped iron rod set for corner; North 62 degrees 13 minutes 50 seconds East, a distance of 15.47 feet to a capped iron rod set for corner; Northeasterly distance of 28.46 feet along a non-tangent curve to the left, having a central angle of 07 degrees 14 minutes 52 seconds, a radius is 225.00 feet, a tangent length of 14.25 feet and whose chord bears North 58 degrees 36 minutes 24 seconds East, and chord distance of 28.44 feet to a capped iron rod set for corner; South 35 degrees 01 minute 02 seconds East, a distance of 50.00 feet to a capped iron rod set for corner; Southwesterly a distance of 8.36 feet along a non-tangent curve to the right, having a central angle of 01 degree 44 minutes 33 seconds, a radius is 275.00 feet, a tangent length of 4.18 feet, and whose chord bears South 56 degrees 53 minutes 46 seconds West and a chord distance of 8.36 feet to a capped iron rod set for corner; South 14 degrees 33 minutes 48 seconds West, a distance of 14.78 feet to a capped iron rod set for corner; South 27 degrees 46 minutes 10 seconds East, a distance of 220.49 feet to a capped iron rod set for corner; South 72 degrees 46 minutes 10 seconds East, a distance of 14.14 feet to a capped iron rod set for corner; North 62 degrees 13 minutes 50 seconds East, a distance of 10.50 feet to a capped iron rod set for corner; South 27 degrees 46 minutes 10 seconds East, a distance of 50.00 feet to a capped iron rod set for corner; THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 103 South 62 degrees 13 minutes 50 seconds West, a distance of 10.50 feet to a capped iron rod set for corner; South 17 degrees 13 minutes 50 seconds West, a distance of 14.14 feet to a capped iron rod set for corner; South 27 degrees 46 minutes 10 seconds East, a distance of 110.00 feet to a one-half inch iron rod with cap stamped “BOHLER ENG” found at the northwest corner of Lot 15, Block N of The Woods at Lindsey Place Phase 1, an addition to the City of Anna, as recorded in Instrument Number 2023010000115, O.P.R.C.C.T.; THENCE along the north line of said The Woods at Lindsey Place Phase 1 the following courses and distances: South 62 degrees 13 minutes 50 seconds West, a distance of 324.78 feet to a one-half inch iron rod with cap stamped “BOHLER ENG” found in the north line of Lot 6, Block O South 89 degrees 25 minutes 47 seconds West, a distance of 556.69 feet a one-half inch iron rod with cap stamped “BOHLER ENG” found in the west line of Harlow Blvd (a 50’ right-of-way); North 00 degrees 33 minutes 39 seconds West, a distance of 959.91 feet to a capped iron rod set for corner; North 04 degrees 43 minutes 04 seconds West, a distance of 100.26 feet to a capped iron rod set for corner; North 00 degrees 33 minutes 39 seconds West, a distance of 250.00 feet to a capped iron rod set for corner; South 89 degrees 26 minutes 21 seconds West a distance of 698.73 feet to the POINT OF BEGINNING containing 1,196,749 Sq. Ft. or 27.474 acres; THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 104 EXHIBIT L-5 – REMAINDER AREA LEGAL DESCRIPTION The Remainder Area is the boundary described in Exhibit L-1 save and except the boundaries described in Exhibit L-2, Exhibit L-3, and Exhibit L-4. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 105 APPENDIX A – IMPROVEMENT AREA #2 INVOICE SUMMARY TABLE [Remainder of page left intentionally blank.] THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 106 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT 2024 AMENDED AND RESTATED SERVICE AND ASSESSMENT PLAN 107 APPENDIX B – BUYER DISCLOSURES Forms of the buyer disclosures for the following Lot Types are found in this Appendix: ▪ Improvement Area #1 o Lot Type 1 o Lot Type 2 ▪ Improvement Area #2-A o Improvement Area #2-A Initial Parcel o Lot Type 3 ▪ Improvement Area #2-B o Improvement Area #2-B Initial Parcel o Lot Type 4 o Lot Type 5 THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT BUYER DISCLOSURE IMPROVEMENT AREA #1 LOT TYPE 1 NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1) under a court order or foreclosure sale; 2) by a trustee in bankruptcy; 3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6) from one co-owner to another co-owner of an undivided interest in the real property; 7) to a spouse or a person in the lineal line of consanguinity of the seller; 8) to or from a governmental entity; or 9) of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. AFTER RECORDING1 RETURN TO: ____________________ ____________________ ____________________ ____________________ ____________________ NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO CITY OF ANNA, TEXAS CONCERNING THE FOLLOWING PROPERTY __________________________________________ PROPERTY ADDRESS LOT TYPE 1 PRINCIPAL ASSESSMENT: $33,231.47 As the purchaser of the real property described above, you are obligated to pay assessments to the City of Anna, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within The Woods at Lindsey Place Public Improvement District (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the City of Anna. The exact amount of each annual installment will be approved each year by the Anna City Council in the annual service plan update for the district. More information about the assessments, including the amounts and due dates, may be obtained from the City of Anna. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. 1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County when updating for the Current Information of Obligation to Pay Improvement District Assessment. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER]2 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1), Tex. Prop. Code. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § § COUNTY OF COLLIN § The foregoing instrument was acknowledged before me by ______________________ and ____________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]3 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § § COUNTY OF COLLIN § The foregoing instrument was acknowledged before me by ______________________ and ____________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]4 4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS – LOT TYPE 1 Annual Installments Due 1/31 Principal Interest[a] Additional Interest Reserve Fund[b] Annual Collection Costs Total Annual Installment[c] 2025 501.71$ 1,888.15$ 166.16$ -$ 214.56$ 2,770.58$ 2026 524.52$ 1,863.69$ 163.65$ -$ 218.85$ 2,770.71$ 2027 551.88$ 1,838.12$ 161.03$ -$ 223.22$ 2,774.26$ 2028 574.69$ 1,811.22$ 158.27$ -$ 227.69$ 2,771.86$ 2029 602.05$ 1,783.20$ 155.39$ -$ 232.24$ 2,772.89$ 2030 629.42$ 1,753.85$ 152.38$ -$ 236.89$ 2,772.54$ 2031 661.35$ 1,723.17$ 149.24$ -$ 241.63$ 2,775.38$ 2032 697.83$ 1,685.97$ 145.93$ -$ 246.46$ 2,776.19$ 2033 734.32$ 1,646.72$ 142.44$ -$ 251.39$ 2,774.86$ 2034 775.37$ 1,605.41$ 138.77$ -$ 256.41$ 2,775.96$ 2035 820.98$ 1,561.80$ 134.89$ -$ 261.54$ 2,779.21$ 2036 866.59$ 1,515.62$ 130.79$ -$ 266.77$ 2,779.77$ 2037 912.20$ 1,466.87$ 126.45$ -$ 272.11$ 2,777.63$ 2038 966.93$ 1,415.56$ 121.89$ -$ 277.55$ 2,781.94$ 2039 1,017.10$ 1,361.17$ 117.06$ -$ 283.10$ 2,778.43$ 2040 1,076.40$ 1,303.96$ 111.97$ -$ 288.76$ 2,781.09$ 2041 1,135.69$ 1,243.41$ 106.59$ -$ 294.54$ 2,780.23$ 2042 1,204.10$ 1,179.53$ 100.91$ -$ 300.43$ 2,784.97$ 2043 1,272.52$ 1,111.80$ 94.89$ -$ 306.44$ 2,785.65$ 2044 1,340.94$ 1,040.22$ 88.53$ -$ 312.57$ 2,782.25$ 2045 1,423.03$ 961.44$ 81.82$ -$ 318.82$ 2,785.11$ 2046 1,509.69$ 877.83$ 74.71$ -$ 325.20$ 2,787.43$ 2047 1,596.35$ 789.14$ 67.16$ -$ 331.70$ 2,784.35$ 2048 1,696.69$ 695.35$ 59.18$ -$ 338.33$ 2,789.56$ 2049 1,797.04$ 595.67$ 50.70$ -$ 345.10$ 2,788.50$ 2050 1,906.50$ 490.10$ 41.71$ -$ 352.00$ 2,790.31$ 2051 2,020.52$ 378.09$ 32.18$ -$ 359.04$ 2,789.84$ 2052 2,143.67$ 259.38$ 22.08$ -$ 366.22$ 2,791.35$ 2053 2,271.38$ 133.44$ 11.36$ (2,404.82)$ 373.55$ 384.90$ Total[d]33,231.47$ 35,979.88$ 3,108.12$ (2,404.82)$ 8,323.12$ 78,237.77$ Footnotes: [a]Interest rate on the Improvement Area #1 Bonds is 4.875%for bonds maturing 2030,5.625%for bonds maturing 2043, and 5.875% for bonds maturing 2053. [b] Assumes the Reserve Fund is fully funded and available to reduce Annual Installments in the final year. [c]The figures shown above are estimates only and subject to change in Annual Service Plan Updates.Changes in Annual Collection Costs,reserve fund requirements,interest earnings,or other available offsets could increase or decrease the amounts shown. [d] Totals may not sum due to rounding. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT BUYER DISCLOSURE IMPROVEMENT AREA #1 LOT TYPE 2 NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1) under a court order or foreclosure sale; 2) by a trustee in bankruptcy; 3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6) from one co-owner to another co-owner of an undivided interest in the real property; 7) to a spouse or a person in the lineal line of consanguinity of the seller; 8) to or from a governmental entity; or 9) of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. AFTER RECORDING1 RETURN TO: ____________________ ____________________ ____________________ ____________________ ____________________ NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO CITY OF ANNA, TEXAS CONCERNING THE FOLLOWING PROPERTY __________________________________________ PROPERTY ADDRESS LOT TYPE 2 PRINCIPAL ASSESSMENT: $34,616.12 As the purchaser of the real property described above, you are obligated to pay assessments to the City of Anna, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within The Woods at Lindsey Place Public Improvement District (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the City of Anna. The exact amount of each annual installment will be approved each year by the Anna City Council in the annual service plan update for the district. More information about the assessments, including the amounts and due dates, may be obtained from the City of Anna. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. 1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County when updating for the Current Information of Obligation to Pay Improvement District Assessment. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER]2 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1), Tex. Prop. Code. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § § COUNTY OF COLLIN § The foregoing instrument was acknowledged before me by ______________________ and ____________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]3 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § § COUNTY OF COLLIN § The foregoing instrument was acknowledged before me by ______________________ and ____________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]4 4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS – IMPROVEMENT AREA #1 LOT TYPE 2 Annual Installments Due 1/31 Principal Interest[a] Additional Interest Reserve Fund[b] Annual Collection Costs Total Annual Installment[c] 2025 522.61$ 1,966.83$ 173.08$ -$ 223.50$ 2,886.02$ 2026 546.37$ 1,941.35$ 170.47$ -$ 227.97$ 2,886.15$ 2027 574.88$ 1,914.71$ 167.74$ -$ 232.53$ 2,889.85$ 2028 598.63$ 1,886.69$ 164.86$ -$ 237.18$ 2,887.36$ 2029 627.14$ 1,857.50$ 161.87$ -$ 241.92$ 2,888.43$ 2030 655.64$ 1,826.93$ 158.73$ -$ 246.76$ 2,888.07$ 2031 688.90$ 1,794.97$ 155.45$ -$ 251.69$ 2,891.02$ 2032 726.91$ 1,756.22$ 152.01$ -$ 256.73$ 2,891.86$ 2033 764.92$ 1,715.33$ 148.38$ -$ 261.86$ 2,890.48$ 2034 807.68$ 1,672.30$ 144.55$ -$ 267.10$ 2,891.63$ 2035 855.19$ 1,626.87$ 140.51$ -$ 272.44$ 2,895.01$ 2036 902.70$ 1,578.77$ 136.24$ -$ 277.89$ 2,895.59$ 2037 950.21$ 1,527.99$ 131.72$ -$ 283.45$ 2,893.37$ 2038 1,007.22$ 1,474.54$ 126.97$ -$ 289.12$ 2,897.85$ 2039 1,059.48$ 1,417.88$ 121.94$ -$ 294.90$ 2,894.20$ 2040 1,121.25$ 1,358.29$ 116.64$ -$ 300.80$ 2,896.97$ 2041 1,183.01$ 1,295.22$ 111.03$ -$ 306.81$ 2,896.07$ 2042 1,254.28$ 1,228.67$ 105.12$ -$ 312.95$ 2,901.02$ 2043 1,325.54$ 1,158.12$ 98.85$ -$ 319.21$ 2,901.72$ 2044 1,396.81$ 1,083.56$ 92.22$ -$ 325.59$ 2,898.18$ 2045 1,482.33$ 1,001.50$ 85.23$ -$ 332.10$ 2,901.16$ 2046 1,572.60$ 914.41$ 77.82$ -$ 338.75$ 2,903.57$ 2047 1,662.87$ 822.02$ 69.96$ -$ 345.52$ 2,900.37$ 2048 1,767.39$ 724.33$ 61.64$ -$ 352.43$ 2,905.79$ 2049 1,871.91$ 620.49$ 52.81$ -$ 359.48$ 2,904.69$ 2050 1,985.94$ 510.52$ 43.45$ -$ 366.67$ 2,906.57$ 2051 2,104.71$ 393.84$ 33.52$ -$ 374.00$ 2,906.08$ 2052 2,232.99$ 270.19$ 23.00$ -$ 381.48$ 2,907.66$ 2053 2,366.02$ 139.00$ 11.83$ (2,505.02)$ 389.11$ 400.94$ Total[d]34,616.12$ 37,479.04$ 3,237.62$ (2,505.02)$ 8,669.92$ 81,497.68$ Footnotes: [a]Interest rate on the Improvement Area #1 Bonds is 4.875%for bonds maturing 2030,5.625%for bonds maturing 2043, and 5.875% for bonds maturing 2053. [b] Assumes the Reserve Fund is fully funded and available to reduce Annual Installments in the final year. [c]The figures shown above are estimates only and subject to change in Annual Service Plan Updates.Changes in Annual Collection Costs,reserve fund requirements,interest earnings,or other available offsets could increase or decrease the amounts shown. [d] Totals may not sum due to rounding. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT BUYER DISCLOSURE IMPROVEMENT AREA #2-A INITIAL PARCEL NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1) under a court order or foreclosure sale; 2) by a trustee in bankruptcy; 3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6) from one co-owner to another co-owner of an undivided interest in the real property; 7) to a spouse or a person in the lineal line of consanguinity of the seller; 8) to or from a governmental entity; or 9) of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. AFTER RECORDING1 RETURN TO: ____________________ ____________________ ____________________ ____________________ ____________________ NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO CITY OF ANNA, TEXAS CONCERNING THE FOLLOWING PROPERTY __________________________________________ PROPERTY ADDRESS IMPROVEMENT AREA #2-A INITIAL PARCEL PRINCIPAL ASSESSMENT: $1,753,813.71 As the purchaser of the real property described above, you are obligated to pay assessments to the City of Anna, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within The Woods at Lindsey Place Public Improvement District (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the City of Anna. The exact amount of each annual installment will be approved each year by the Anna City Council in the annual service plan update for the district. More information about the assessments, including the amounts and due dates, may be obtained from the City of Anna. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. 1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County when updating for the Current Information of Obligation to Pay Improvement District Assessment. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER]2 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1), Tex. Prop. Code. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § § COUNTY OF COLLIN § The foregoing instrument was acknowledged before me by ______________________ and ____________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]3 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § § COUNTY OF COLLIN § The foregoing instrument was acknowledged before me by ______________________ and ____________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]4 4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS – IMPROVEMENT AREA #2-A INITIAL PARCEL Annual Installments Due 1/31 Principal Interest[a] Annual Collection Costs Total Annual Installment[c] 2025 22,183.83$ 105,228.82$ 12,372.58$ 139,785.24$ 2026 23,514.86$ 103,897.79$ 12,620.04$ 140,032.69$ 2027 24,925.76$ 102,486.90$ 12,872.44$ 140,285.09$ 2028 26,421.30$ 100,991.36$ 13,129.88$ 140,542.54$ 2029 28,006.58$ 99,406.08$ 13,392.48$ 140,805.14$ 2030 29,686.97$ 97,725.68$ 13,660.33$ 141,072.99$ 2031 31,468.19$ 95,944.46$ 13,933.54$ 141,346.20$ 2032 33,356.28$ 94,056.37$ 14,212.21$ 141,624.87$ 2033 35,357.66$ 92,055.00$ 14,496.45$ 141,909.11$ 2034 37,479.12$ 89,933.54$ 14,786.38$ 142,199.04$ 2035 39,727.87$ 87,684.79$ 15,082.11$ 142,494.77$ 2036 42,111.54$ 85,301.12$ 15,383.75$ 142,796.41$ 2037 44,638.23$ 82,774.42$ 15,691.43$ 143,104.09$ 2038 47,316.53$ 80,096.13$ 16,005.26$ 143,417.91$ 2039 50,155.52$ 77,257.14$ 16,325.36$ 143,738.02$ 2040 53,164.85$ 74,247.81$ 16,651.87$ 144,064.53$ 2041 56,354.74$ 71,057.92$ 16,984.91$ 144,397.56$ 2042 59,736.03$ 67,676.63$ 17,324.60$ 144,737.26$ 2043 63,320.19$ 64,092.47$ 17,671.10$ 145,083.75$ 2044 67,119.40$ 60,293.26$ 18,024.52$ 145,437.18$ 2045 71,146.56$ 56,266.09$ 18,385.01$ 145,797.67$ 2046 75,415.36$ 51,997.30$ 18,752.71$ 146,165.37$ 2047 79,940.28$ 47,472.38$ 19,127.76$ 146,540.42$ 2048 84,736.69$ 42,675.96$ 19,510.32$ 146,922.97$ 2049 89,820.90$ 37,591.76$ 19,900.52$ 147,313.18$ 2050 95,210.15$ 32,202.51$ 20,298.53$ 147,711.19$ 2051 100,922.76$ 26,489.90$ 20,704.50$ 148,117.16$ 2052 106,978.12$ 20,434.53$ 21,118.59$ 148,531.25$ 2053 113,396.81$ 14,015.85$ 21,540.96$ 148,953.62$ 2054 120,200.62$ 7,212.04$ 21,971.78$ 149,384.44$ Total[c]1,753,813.71$ 2,068,566.00$ 501,931.97$ 4,324,311.67$ Footnotes: [a] Interest is calculated at a 5.71% rate for illustrative purposes, and subject to change. [b]The figures shown above are estimates only and subject to change in Annual Service Plan Updates.Changes in Annual Collection Costs,interest earnings,or other available offsets could increase or decrease the amounts shown. [c] Totals may not sum due to rounding. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT BUYER DISCLOSURE IMPROVEMENT AREA #2-A LOT TYPE 3 NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1) under a court order or foreclosure sale; 2) by a trustee in bankruptcy; 3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6) from one co-owner to another co-owner of an undivided interest in the real property; 7) to a spouse or a person in the lineal line of consanguinity of the seller; 8) to or from a governmental entity; or 9) of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. AFTER RECORDING1 RETURN TO: ____________________ ____________________ ____________________ ____________________ ____________________ NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO CITY OF ANNA, TEXAS CONCERNING THE FOLLOWING PROPERTY __________________________________________ PROPERTY ADDRESS LOT TYPE 3 PRINCIPAL ASSESSMENT: $36,537.79 As the purchaser of the real property described above, you are obligated to pay assessments to the City of Anna, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within The Woods at Lindsey Place Public Improvement District (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the City of Anna. The exact amount of each annual installment will be approved each year by the Anna City Council in the annual service plan update for the district. More information about the assessments, including the amounts and due dates, may be obtained from the City of Anna. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. 1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County when updating for the Current Information of Obligation to Pay Improvement District Assessment. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER]2 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1), Tex. Prop. Code. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § § COUNTY OF COLLIN § The foregoing instrument was acknowledged before me by ______________________ and ____________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]3 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § § COUNTY OF COLLIN § The foregoing instrument was acknowledged before me by ______________________ and ____________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]4 4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. ANNUAL INSTALLMENTS – LOT TYPE 3 Annual Installments Due 1/31 Principal Interest[a] Annual Collection Costs Total Annual Installment[c] 2025 462.16$ 2,192.27$ 257.76$ 2,912.19$ 2026 489.89$ 2,164.54$ 262.92$ 2,917.35$ 2027 519.29$ 2,135.14$ 268.18$ 2,922.61$ 2028 550.44$ 2,103.99$ 273.54$ 2,927.97$ 2029 583.47$ 2,070.96$ 279.01$ 2,933.44$ 2030 618.48$ 2,035.95$ 284.59$ 2,939.02$ 2031 655.59$ 1,998.84$ 290.28$ 2,944.71$ 2032 694.92$ 1,959.51$ 296.09$ 2,950.52$ 2033 736.62$ 1,917.81$ 302.01$ 2,956.44$ 2034 780.82$ 1,873.62$ 308.05$ 2,962.48$ 2035 827.66$ 1,826.77$ 314.21$ 2,968.64$ 2036 877.32$ 1,777.11$ 320.49$ 2,974.93$ 2037 929.96$ 1,724.47$ 326.90$ 2,981.34$ 2038 985.76$ 1,668.67$ 333.44$ 2,987.87$ 2039 1,044.91$ 1,609.52$ 340.11$ 2,994.54$ 2040 1,107.60$ 1,546.83$ 346.91$ 3,001.34$ 2041 1,174.06$ 1,480.37$ 353.85$ 3,008.28$ 2042 1,244.50$ 1,409.93$ 360.93$ 3,015.36$ 2043 1,319.17$ 1,335.26$ 368.15$ 3,022.58$ 2044 1,398.32$ 1,256.11$ 375.51$ 3,029.94$ 2045 1,482.22$ 1,172.21$ 383.02$ 3,037.45$ 2046 1,571.15$ 1,083.28$ 390.68$ 3,045.11$ 2047 1,665.42$ 989.01$ 398.50$ 3,052.93$ 2048 1,765.35$ 889.08$ 406.46$ 3,060.90$ 2049 1,871.27$ 783.16$ 414.59$ 3,069.02$ 2050 1,983.54$ 670.89$ 422.89$ 3,077.32$ 2051 2,102.56$ 551.87$ 431.34$ 3,085.77$ 2052 2,228.71$ 425.72$ 439.97$ 3,094.40$ 2053 2,362.43$ 292.00$ 448.77$ 3,103.20$ 2054 2,504.18$ 150.25$ 457.75$ 3,112.18$ Total[c]36,537.79$ 43,095.12$ 10,456.92$ 90,089.83$ Footnotes: [a]Interest is calculated at a 5.71%rate for illustrative purposes,and subject to change. [b]The figures shown above are estimates only and subject to change in Annual Service Plan Updates.Changes in Annual Collection Costs,interest earnings,or other available offsets could increase or decrease the amounts shown. [c] Totals may not sum due to rounding. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT BUYER DISCLOSURE IMPROVEMENT AREA #2-B INITIAL PARCEL NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1) under a court order or foreclosure sale; 2) by a trustee in bankruptcy; 3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6) from one co-owner to another co-owner of an undivided interest in the real property; 7) to a spouse or a person in the lineal line of consanguinity of the seller; 8) to or from a governmental entity; or 9) of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. AFTER RECORDING1 RETURN TO: ____________________ ____________________ ____________________ ____________________ ____________________ NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO CITY OF ANNA, TEXAS CONCERNING THE FOLLOWING PROPERTY __________________________________________ PROPERTY ADDRESS IMPROVEMENT AREA #2-B INITIAL PARCEL PRINCIPAL ASSESSMENT: $3,916,186.29 As the purchaser of the real property described above, you are obligated to pay assessments to the City of Anna, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within The Woods at Lindsey Place Public Improvement District (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the City of Anna. The exact amount of each annual installment will be approved each year by the Anna City Council in the annual service plan update for the district. More information about the assessments, including the amounts and due dates, may be obtained from the City of Anna. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. 1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County when updating for the Current Information of Obligation to Pay Improvement District Assessment. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER]2 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1), Tex. Prop. Code. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § § COUNTY OF COLLIN § The foregoing instrument was acknowledged before me by ______________________ and ____________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]3 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § § COUNTY OF COLLIN § The foregoing instrument was acknowledged before me by ______________________ and ____________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]4 4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS – IMPROVEMENT AREA #2-B INITIAL PARCEL Annual Installments Due 1/31 Principal Interest[a] Annual Collection Costs Total Annual Installment[c] 2025 49,535.49$ 234,971.18$ 27,627.42$ 312,134.09$ 2026 52,507.62$ 231,999.05$ 28,179.96$ 312,686.64$ 2027 55,658.08$ 228,848.59$ 28,743.56$ 313,250.24$ 2028 58,997.57$ 225,509.11$ 29,318.44$ 313,825.11$ 2029 62,537.42$ 221,969.25$ 29,904.81$ 314,411.48$ 2030 66,289.66$ 218,217.01$ 30,502.91$ 315,009.58$ 2031 70,267.04$ 214,239.63$ 31,112.96$ 315,619.63$ 2032 74,483.07$ 210,023.60$ 31,735.22$ 316,241.89$ 2033 78,952.05$ 205,554.62$ 32,369.93$ 316,876.60$ 2034 83,689.17$ 200,817.50$ 33,017.33$ 317,524.00$ 2035 88,710.52$ 195,796.15$ 33,677.67$ 318,184.34$ 2036 94,033.16$ 190,473.51$ 34,351.23$ 318,857.90$ 2037 99,675.15$ 184,831.53$ 35,038.25$ 319,544.92$ 2038 105,655.65$ 178,851.02$ 35,739.01$ 320,245.68$ 2039 111,994.99$ 172,511.68$ 36,453.80$ 320,960.47$ 2040 118,714.69$ 165,791.98$ 37,182.87$ 321,689.54$ 2041 125,837.58$ 158,669.10$ 37,926.52$ 322,433.19$ 2042 133,387.83$ 151,118.84$ 38,685.06$ 323,191.73$ 2043 141,391.10$ 143,115.57$ 39,458.75$ 323,965.43$ 2044 149,874.57$ 134,632.11$ 40,247.93$ 324,754.60$ 2045 158,867.04$ 125,639.63$ 41,052.89$ 325,559.56$ 2046 168,399.06$ 116,107.61$ 41,873.95$ 326,380.62$ 2047 178,503.01$ 106,003.67$ 42,711.43$ 327,218.10$ 2048 189,213.19$ 95,293.49$ 43,565.65$ 328,072.32$ 2049 200,565.98$ 83,940.69$ 44,436.97$ 328,943.64$ 2050 212,599.94$ 71,906.74$ 45,325.71$ 329,832.38$ 2051 225,355.93$ 59,150.74$ 46,232.22$ 330,738.89$ 2052 238,877.29$ 45,629.38$ 47,156.86$ 331,663.53$ 2053 253,209.92$ 31,296.75$ 48,100.00$ 332,606.67$ 2054 268,402.52$ 16,104.15$ 49,062.00$ 333,568.67$ Total[c]3,916,186.29$ 4,619,013.85$ 1,120,791.26$ 9,655,991.40$ Footnotes: [a] Interest is calculated at a 5.71% rate for illustrative purposes, and subject to change. [b]The figures shown above are estimates only and subject to change in Annual Service Plan Updates.Changes in Annual Collection Costs,interest earnings,or other available offsets could increase or decrease the amounts shown. [c] Totals may not sum due to rounding. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT BUYER DISCLOSURE IMPROVEMENT AREA #2-B LOT TYPE 4 NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1) under a court order or foreclosure sale; 2) by a trustee in bankruptcy; 3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6) from one co-owner to another co-owner of an undivided interest in the real property; 7) to a spouse or a person in the lineal line of consanguinity of the seller; 8) to or from a governmental entity; or 9) of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. AFTER RECORDING1 RETURN TO: ____________________ ____________________ ____________________ ____________________ ____________________ NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO CITY OF ANNA, TEXAS CONCERNING THE FOLLOWING PROPERTY __________________________________________ PROPERTY ADDRESS LOT TYPE 4 PRINCIPAL ASSESSMENT: $28,471.00 As the purchaser of the real property described above, you are obligated to pay assessments to the City of Anna, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within The Woods at Lindsey Place Public Improvement District (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the City of Anna. The exact amount of each annual installment will be approved each year by the Anna City Council in the annual service plan update for the district. More information about the assessments, including the amounts and due dates, may be obtained from the City of Anna. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. 1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County when updating for the Current Information of Obligation to Pay Improvement District Assessment. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER]2 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1), Tex. Prop. Code. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § § COUNTY OF COLLIN § The foregoing instrument was acknowledged before me by ______________________ and ____________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]3 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § § COUNTY OF COLLIN § The foregoing instrument was acknowledged before me by ______________________ and ____________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]4 4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS – LOT TYPE 4 Annual Installments Due 1/31 Principal Interest[a] Annual Collection Costs Total Annual Installment[c] 2025 360.13$ 1,708.26$ 200.85$ 2,269.24$ 2026 381.73$ 1,686.65$ 204.87$ 2,273.26$ 2027 404.64$ 1,663.75$ 208.97$ 2,277.36$ 2028 428.92$ 1,639.47$ 213.15$ 2,281.53$ 2029 454.65$ 1,613.74$ 217.41$ 2,285.80$ 2030 481.93$ 1,586.46$ 221.76$ 2,290.15$ 2031 510.85$ 1,557.54$ 226.19$ 2,294.58$ 2032 541.50$ 1,526.89$ 230.72$ 2,299.10$ 2033 573.99$ 1,494.40$ 235.33$ 2,303.72$ 2034 608.43$ 1,459.96$ 240.04$ 2,308.43$ 2035 644.93$ 1,423.45$ 244.84$ 2,313.23$ 2036 683.63$ 1,384.76$ 249.74$ 2,318.12$ 2037 724.65$ 1,343.74$ 254.73$ 2,323.12$ 2038 768.13$ 1,300.26$ 259.83$ 2,328.21$ 2039 814.21$ 1,254.17$ 265.02$ 2,333.41$ 2040 863.07$ 1,205.32$ 270.32$ 2,338.71$ 2041 914.85$ 1,153.54$ 275.73$ 2,344.12$ 2042 969.74$ 1,098.65$ 281.24$ 2,349.63$ 2043 1,027.93$ 1,040.46$ 286.87$ 2,355.26$ 2044 1,089.60$ 978.79$ 292.61$ 2,360.99$ 2045 1,154.98$ 913.41$ 298.46$ 2,366.85$ 2046 1,224.28$ 844.11$ 304.43$ 2,372.81$ 2047 1,297.73$ 770.66$ 310.52$ 2,378.90$ 2048 1,375.60$ 692.79$ 316.73$ 2,385.11$ 2049 1,458.13$ 610.26$ 323.06$ 2,391.45$ 2050 1,545.62$ 522.77$ 329.52$ 2,397.91$ 2051 1,638.36$ 430.03$ 336.11$ 2,404.50$ 2052 1,736.66$ 331.73$ 342.83$ 2,411.22$ 2053 1,840.86$ 227.53$ 349.69$ 2,418.08$ 2054 1,951.31$ 117.08$ 356.68$ 2,425.07$ Total[c]28,471.00$ 33,580.62$ 8,148.25$ 70,199.86$ Footnotes: [a]Interest is calculated at a 5.71%rate for illustrative purposes,and subject to change. [b]The figures shown above are estimates only and subject to change in Annual Service Plan Updates.Changes in Annual Collection Costs,interest earnings,or other available offsets could increase or decrease the amounts shown. [c] Totals may not sum due to rounding. THE WOODS AT LINDSEY PLACE PUBLIC IMPROVEMENT DISTRICT BUYER DISCLOSURE IMPROVEMENT AREA #2-B LOT TYPE 5 NOTICE OF OBLIGATIONS RELATED TO PUBLIC IMPROVEMENT DISTRICT A person who proposes to sell or otherwise convey real property that is located in a public improvement district established under Subchapter A, Chapter 372, Local Government Code (except for public improvement districts described under Section 372.005), or Chapter 382, Local Government Code, shall first give to the purchaser of the property this written notice, signed by the seller. For the purposes of this notice, a contract for the purchase and sale of real property having a performance period of less than six months is considered a sale requiring the notice set forth below. This notice requirement does not apply to a transfer: 1) under a court order or foreclosure sale; 2) by a trustee in bankruptcy; 3) to a mortgagee by a mortgagor or successor in interest or to a beneficiary of a deed of trust by a trustor or successor in interest; 4) by a mortgagee or a beneficiary under a deed of trust who has acquired the land at a sale conducted under a power of sale under a deed of trust or a sale under a court-ordered foreclosure or has acquired the land by a deed in lieu of foreclosure; 5) by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust; 6) from one co-owner to another co-owner of an undivided interest in the real property; 7) to a spouse or a person in the lineal line of consanguinity of the seller; 8) to or from a governmental entity; or 9) of only a mineral interest, leasehold interest, or security interest The following notice shall be given to a prospective purchaser before the execution of a binding contract of purchase and sale, either separately or as an addendum or paragraph of a purchase contract. In the event a contract of purchase and sale is entered into without the seller having provided the required notice, the purchaser, subject to certain exceptions, is entitled to terminate the contract. A separate copy of this notice shall be executed by the seller and the purchaser and must be filed in the real property records of the county in which the property is located at the closing of the purchase and sale of the property. AFTER RECORDING1 RETURN TO: ____________________ ____________________ ____________________ ____________________ ____________________ NOTICE OF OBLIGATION TO PAY IMPROVEMENT DISTRICT ASSESSMENT TO CITY OF ANNA, TEXAS CONCERNING THE FOLLOWING PROPERTY __________________________________________ PROPERTY ADDRESS LOT TYPE 5 PRINCIPAL ASSESSMENT: $32,741.65 As the purchaser of the real property described above, you are obligated to pay assessments to the City of Anna, Texas, for the costs of a portion of a public improvement or services project (the "Authorized Improvements") undertaken for the benefit of the property within The Woods at Lindsey Place Public Improvement District (the "District") created under Subchapter A, Chapter 372, Local Government Code. AN ASSESSMENT HAS BEEN LEVIED AGAINST YOUR PROPERTY FOR THE AUTHORIZED IMPROVEMENTS, WHICH MAY BE PAID IN FULL AT ANY TIME. IF THE ASSESSMENT IS NOT PAID IN FULL, IT WILL BE DUE AND PAYABLE IN ANNUAL INSTALLMENTS THAT WILL VARY FROM YEAR TO YEAR DEPENDING ON THE AMOUNT OF INTEREST PAID, COLLECTION COSTS, ADMINISTRATIVE COSTS, AND DELINQUENCY COSTS. The exact amount of the assessment may be obtained from the City of Anna. The exact amount of each annual installment will be approved each year by the Anna City Council in the annual service plan update for the district. More information about the assessments, including the amounts and due dates, may be obtained from the City of Anna. Your failure to pay any assessment or any annual installment may result in penalties and interest being added to what you owe or in a lien on and the foreclosure of your property. 1 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County when updating for the Current Information of Obligation to Pay Improvement District Assessment. Signature Page to Initial Notice of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER The undersigned seller acknowledges providing this notice to the potential purchaser before the effective date of a binding contract for the purchase of the real property at the address described above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER]2 2 To be included in copy of the notice required by Section 5.014, Tex. Prop. Code, to be executed by seller in accordance with Section 5.014(a-1), Tex. Prop. Code. Purchaser Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned purchaser acknowledges receipt of this notice before the effective date of a binding contract for the purchase of the real property at the address described above. The undersigned purchaser acknowledged the receipt of this notice including the current information required by Section 5.0143, Texas Property Code, as amended. DATE: DATE: SIGNATURE OF PURCHASER SIGNATURE OF PURCHASER STATE OF TEXAS § § COUNTY OF COLLIN § The foregoing instrument was acknowledged before me by ______________________ and ____________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]3 3 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. Seller Signature Page to Final Notice with Current Information of Obligation to Pay Improvement District Assessment [The undersigned seller acknowledges providing a separate copy of the notice required by Section 5.014 of the Texas Property Code including the current information required by Section 5.0143, Texas Property Code, as amended, at the closing of the purchase of the real property at the address above. DATE: DATE: SIGNATURE OF SELLER SIGNATURE OF SELLER STATE OF TEXAS § § COUNTY OF COLLIN § The foregoing instrument was acknowledged before me by ______________________ and ____________________ , known to me to be the person(s) whose name(s) is/are subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes therein expressed. Given under my hand and seal of office on this _________________, 20__. Notary Public, State of Texas]4 4 To be included in separate copy of the notice required by Section 5.0143, Tex. Prop. Code, to be executed at the closing of the purchase and sale and to be recorded in the deed records of Collin County. Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment ANNUAL INSTALLMENTS – LOT TYPE 5 Annual Installment Schedule to Notice of Obligation to Pay Improvement District Assessment Annual Installments Due 1/31 Principal Interest[a] Annual Collection Costs Total Annual Installment[c] 2025 414.15$ 1,964.50$ 230.98$ 2,609.63$ 2026 439.00$ 1,939.65$ 235.60$ 2,614.25$ 2027 465.33$ 1,913.31$ 240.31$ 2,618.96$ 2028 493.25$ 1,885.39$ 245.12$ 2,623.76$ 2029 522.85$ 1,855.80$ 250.02$ 2,628.67$ 2030 554.22$ 1,824.42$ 255.02$ 2,633.67$ 2031 587.47$ 1,791.17$ 260.12$ 2,638.77$ 2032 622.72$ 1,755.92$ 265.33$ 2,643.97$ 2033 660.09$ 1,718.56$ 270.63$ 2,649.28$ 2034 699.69$ 1,678.95$ 276.04$ 2,654.69$ 2035 741.67$ 1,636.97$ 281.57$ 2,660.21$ 2036 786.17$ 1,592.47$ 287.20$ 2,665.84$ 2037 833.34$ 1,545.30$ 292.94$ 2,671.59$ 2038 883.34$ 1,495.30$ 298.80$ 2,677.44$ 2039 936.34$ 1,442.30$ 304.78$ 2,683.42$ 2040 992.53$ 1,386.12$ 310.87$ 2,689.52$ 2041 1,052.08$ 1,326.57$ 317.09$ 2,695.73$ 2042 1,115.20$ 1,263.44$ 323.43$ 2,702.08$ 2043 1,182.11$ 1,196.53$ 329.90$ 2,708.54$ 2044 1,253.04$ 1,125.60$ 336.50$ 2,715.14$ 2045 1,328.22$ 1,050.42$ 343.23$ 2,721.87$ 2046 1,407.92$ 970.73$ 350.09$ 2,728.74$ 2047 1,492.39$ 886.25$ 357.09$ 2,735.74$ 2048 1,581.94$ 796.71$ 364.23$ 2,742.88$ 2049 1,676.85$ 701.79$ 371.52$ 2,750.16$ 2050 1,777.46$ 601.18$ 378.95$ 2,757.60$ 2051 1,884.11$ 494.54$ 386.53$ 2,765.17$ 2052 1,997.16$ 381.49$ 394.26$ 2,772.90$ 2053 2,116.99$ 261.66$ 402.14$ 2,780.79$ 2054 2,244.01$ 134.64$ 410.19$ 2,788.83$ Total[c]32,741.65$ 38,617.71$ 9,370.48$ 80,729.84$ Footnotes: [a]Interest is calculated at a 5.71%rate for illustrative purposes,and subject to change. [b]The figures shown above are estimates only and subject to change in Annual Service Plan Updates.Changes in Annual Collection Costs,interest earnings,or other available offsets could increase or decrease the amounts shown. [c] Totals may not sum due to rounding. Item No. 7.l. City Council Agenda Staff Report Meeting Date: 2/25/2025 Staff Contact: Bernie Parker AGENDA ITEM: Consider/Discuss/Action on a Resolution approving an Incentive Agreement for new Economic Development with Retail Buildings, Inc. (Director of Economic Development Bernie Parker) SUMMARY: Staff recommends approving a Resolution approving an Incentive Agreement for new Economic Development with Retail Buildings, Inc. (BRAUMS) (Director of Economic Development Bernie Parker) FINANCIAL IMPACT: Total Impact Fees: $391,954.10 / Total Impact Fee Credit: $263,627.05 BACKGROUND: The Retail Buildings Group will construct a Braum’s Ice Cream and Dairy Store site located at the intersection of FM 455 and Ferguson Parkway. The Agreement requires Retail Buildings Group to complete construction of the Restaurant in 16 months from the effective date, to receive incentives. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Vibrant. ATTACHMENTS: 1. 7488 - Incentive Agreement - EB (1) (1) 2. Braums Resolution EXHIBIT 1 Page 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS APPROVING AN INCENTIVE AGREEMENT WITH RETAIL BUILDINGS, INC. WHEREAS, Retail Buildings, Inc., an Oklahoma corporation (the “Developer”) is in the process of developing property for commercial and retail use (the “Project”) at the southeast corner of the intersection of F.M. 455 and Ferguson Parkway, in the City of Anna, County of Collin, State of Texas, as generally depicted in Exhibit A to the subject Economic Development Incentive Agreement attached hereto as Exhibit 1 (the “Agreement”); and WHEREAS, the City has found that the Project and associated incentives provided by the City will promote new or expanded business enterprises; and WHEREAS, the City is authorized to provide the incentives under Chapter 380 of the Texas Local Government Code and said incentives as described in the Agreement are in exchange for and conditioned upon Developer timely meeting its obligations under the Agreement; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1. Findings. The findings set forth above are incorporated herein for all purposes as if set forth in full. SECTION 2. Approval of Project and Agreement The City Council of the City of Anna, Texas hereby approves the Agreement attached hereto as Exhibit 1, incorporated herein for all purposes, and authorizes the Mayor to execute the same on its behalf, subject to approval as to form by legal counsel for the City, said Agreement to be effective upon its passage and as set forth in said Agreement. SECTION 3. Administration The City hereby authorizes the City Manager or his designee to administer the Agreement. PASSED, APPROVED AND ADOPTED by the City Council of the City of Anna, Texas, on this the 25th day of February 2025. Pete Cain, Mayor ATTEST: Carrie L. Land, City Secretary Item No. 8.d. City Council Agenda Staff Report Meeting Date: 2/25/2025 Staff Contact: AGENDA ITEM: Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). SUMMARY: FINANCIAL IMPACT: BACKGROUND: STRATEGIC CONNECTIONS: ATTACHMENTS: