HomeMy WebLinkAbout2025-04-08 Work Session & Regular Meeting Packet
AGENDA
City Council Work Session
Tuesday, April 8, 2025 @ 5:30 PM
Anna Municipal Complex - Council Chambers
120 W. 7th Street, Anna, Texas 75409
The City Council of the City of Anna will meet in a Closed Session on Tuesday, April 8, 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.
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). 53rd District Court, Travis County, Texas, Cause No. D-1-GN-23-
007785, City of Grand Prairie, et al. v. State of Texas, et al.
Emergency Services District
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).Charter
Review Commission
The Council further reserves the right to enter into Executive Session at any time
throughout any duly noticed meeting under any applicable exception to the Open
Meetings Act.
3. Consider/Discuss/Action on any items listed on any agenda - work session, regular
meeting, or closed session - that is duly posted by the City of Anna for any City Council
meeting occurring on the same date as the meeting noticed in this agenda.
4. Adjourn.
This is to certify that I, Carrie L. Land, City Secretary, posted this Agenda on the City’s Website
(www.annatexas.gov) and at the Anna Municipal Complex bulletin board at or before 5:00 p.m.
on 04/04/2025.
Carrie L. Land, City Secretary
1. The Council may vote and/or act upon each of the items listed on this Agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this Agenda,
whenever it is considered necessary and legally justified under the Open Meetings Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary
at (972)924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
AGENDA
City Council Meeting
Tuesday, April 8, 2025 @ 6:00 PM
Anna Municipal Complex - Council Chambers
120 W. 7th Street, Anna, Texas 75409
The City Council of the City of Anna will meet on Tuesday, April 8, 2025 at 6:00 PM, in the Anna
Municipal Complex – Council Chambers, located at 120 W. 7th Street, to consider the following
items.
Welcome to the City Council meeting. If you wish to speak on an Open Session agenda
item, please fill out the Opinion/Speaker Registration Form and turn it in to the City
Secretary before the meeting starts.
1.Call to Order, Roll Call, and Establishment of Quorum.
2.Invocation and Pledge of Allegiance.
3.Neighbor Comments.
At this time, any person may address the City Council regarding an item on this
meeting Agenda that is not scheduled for public hearing. Also, at this time, any
person may address the City Council regarding an item that is not on this
meeting Agenda. Each person will be allowed up to three (3) minutes to speak.
No discussion or action may be taken at this meeting on items not listed on this
Agenda, other than to make statements of specific information in response to a
citizen’s inquiry or to recite existing policy in response to the inquiry.
4.Reports.
Receive reports from Staff or the City Council about items of community interest.
Items of community interest include: expressions of thanks, congratulations, or
condolence; information regarding holiday schedules; an honorary or salutary
recognition of a public official, public employee, or other citizen (but not including a
change in status of a person's public office or public employment); a reminder about
an upcoming event organized or sponsored by the governing body; information
regarding a social, ceremonial, or community event organized or sponsored by an
entity other than the governing body that was attended or is scheduled to be attended
by a member of the governing body or an official or employee of the municipality;
and announcements involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the Agenda.
a.Proclamation for Collin McKinney Day - April 12, 2025
5.Consent Items.
These items consist of non-controversial or "housekeeping" items required by
law. Items may be considered individually by any Council Member making such
request prior to a motion and vote on the Consent Items.
a.Approve City Council Meeting Minutes for March 25, 2025. (City Secretary
Carrie Land)
b.Review Minutes of the January 27, 2025, Neighbor Engagement and Inclusion
Advisory Commission Meeting. (Assistant City Manager Taylor Lough)
c.Review Minutes of the February 24, 2025, Neighbor Engagement and Inclusion
Advisory Commission Meeting. (Assistant City Manager Taylor Lough)
d.Approve a Resolution authorizing the City Manager to enter into a Master
Service Agreement for a feasibility and facility study with Parkhill, Incorporated.
(Assistant City Manager Greg Peters, P.E.)
e.Approve a Resolution authorizing the City Manager to enter into a Master
Service Agreement for a feasibility and facility study with Brown Reynolds
Watford Architects, Incorporated. (Assistant City Manager Greg Peters, P.E.)
f.Approve a Resolution to Execute a Subdivision Improvement Agreement with
Meadow Vista Phase 2, for landscaping improvements to Ferguson Parkway
south of Hackberry Drive, subject to review and approval of the City Attorney.
(Assistant City Manager Greg Peters, P.E.)
g.Approve a Resolution authorizing the City Manager to execute a Performance
Agreement with Coffey Anderson to perform at the June 28, 2025 Boots and
Booms Independence Day celebration in the amount of $50,000. (Assistant
Director of Neighborhood Services Jeff Freeth)
h.Approve an Ordinance amending Chapter 11 (Traffic and Vehicles) of the Anna
Code of Ordinances establishing safety requirements for aircraft, helicopters,
and helistops. (Police Chief Dean Habel)
6.Items For Individual Consideration.
a.Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to amend
Article 9.04 (Zoning Ordinance regarding Cannabidiol (CBD) shops and
smoking-related shops land uses. (Director of Development Services
Stephanie Scott-Sims)
b.Consider/Discuss/Action on a Resolution for the Purchase of 5.38 Acres from
Tejas Land Holdings for $1,425,000. (City Manager Ryan Henderson)
c.Consider/Discuss/Action on appointment to fill a vacancy on the Board of
Adjustment. (Interview Committee)
d.Consider/Discuss/Action on appointment to fill a vacancy on the Neighbor
Engagement and Inclusions Commission. (Interview Committee)
e.Consider/Discuss/Action on a Resolution appointing a Charter Review
Commission. (City Secretary Carrie Land)
7.Closed Session (Exceptions).
Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to
discuss any items listed or referenced on this Agenda under the following exceptions:
a.Consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under
the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code
§551.071). 53rd District Court, Travis County, Texas, Cause No. D-1-GN-23-
007785, City of Grand Prairie, et al. v. State of Texas, et al.
Emergency Services District
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).Charter
Review Commission
The Council further reserves the right to enter into Executive Session at any time
throughout any duly noticed meeting under any applicable exception to the Open
Meetings Act.
8.Consider/Discuss/Action on any items listed on any agenda - work session, regular
meeting, or closed session - that is duly posted by the City of Anna for any City Council
meeting occurring on the same date as the meeting noticed in this agenda.
9.Adjourn.
This is to certify that I, Carrie L Land, City Secretary, posted this Agenda on the City’s website
(www.annatexas.gov) and at the Anna Municipal Complex bulletin board at or before 5:00 p.m.
on 04/04/2025.
Carrie L. Land, City Secretary
1.The Council may vote and/or act upon each of the items listed in this Agenda. Notwithstanding the foregoing
or any other statement in this Agenda, the Council shall not take action on any item until after providing an
opportunity for public testimony under the "Neighbor Comments" item or after any public hearing held under
applicable law.
2.The Council reserves the right to retire into closed executive session concerning any of the items listed on
this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act.
3.Persons with a disability who want to attend this meeting who may need assistance should contact the City
Secretary at (972)924-3325 two working days prior to the meeting so that appropriate arrangements can be
made.
Item No. 4.a.
City Council Agenda
Staff Report
Meeting Date: 4/8/2025
Staff Contact: Carrie Land
AGENDA ITEM:
Proclamation for Collin McKinney Day - April 12, 2025
SUMMARY:
Collin McKinney Day Celebration for his 259th birthday will be held on April 12, 2025, at
Anna City Hall beginning at 9 AM. It is presented by the Anna Area Historical
Preservation Society, Van Alstyne Historical Society, and Melissa Historical Society.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
Collin McKinney is one of Texas' founding fathers and resided in Anna, Texas.
STRATEGIC CONNECTIONS:
This item has no strategic connection.
ATTACHMENTS:
1. Proclamation - Collin McKinney Day 4-12-2025
2. Collin McKinney Day Flyer 2025 (002)
City of Anna, Texas
Proclamation
COLLIN MCKINNEY DAY
APRIL 12, 2025
WHEREAS,Collin McKinney was born on April 17, 1766; and
WHEREAS, he was the legendary namesake of Collin County and the County Seat,
McKinney; and
WHEREAS, he was one of five men tasked with drafting the Texas Declaration of
Independence and a drafter of the Texas Constitution; and
WHEREAS, he was not only the last signer of the Texas Declaration of Independence, he was
also the oldest signer, and was presented with the quill and inkwell used by all
the signers; and
WHEREAS, in 1846 he settled in Anna; this became his permanent residence; and
WHEREAS,the City Council and the neighbors of Anna, Texas recognize and celebrate the
real and legendary man that he was; and
WHEREAS, 2025 marks the 259th birthday of Collin McKinney.
THEREFORE, by virtue of the authority vested in me as Mayor of the City of Anna, on behalf of
the Anna City Council and all neighbors hereof, I do hereby proclaim April 12,
2025, as:
“COLLIN MCKINNEY DAY”
In witness, whereof I have hereunto set my hand this
____ day of _______________ 2025 and called
this seal to be affixed.
________________________________________
Pete Cain, Mayor
Item No. 5.a.
City Council Agenda
Staff Report
Meeting Date: 4/8/2025
Staff Contact:
AGENDA ITEM:
Approve City Council Meeting Minutes for March 25, 2025. (City Secretary Carrie Land)
SUMMARY:
FINANCIAL IMPACT:
BACKGROUND:
STRATEGIC CONNECTIONS:
ATTACHMENTS:
1. 2025-03-25 Work Session Minutes
2. 2025-03-25 Regular Meeting Minutes
3. Item 7a Letter of support
AGENDA
City Council Work Session
Tuesday, March 25, 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 in a Closed Session on Tuesday, March 25, 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 Kevin Toten
Council Member Jody Bills
Council Member Kelly Herndon
Council Member Lee Miller
Members Absent:
None
2.Closed Session (Exceptions).
Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to
discuss any items listed or referenced on this Agenda under the following exceptions:
a.Consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under
the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code
§551.071). City Charter.
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). Charter
Review Board.
MOTION: Council Member Herndon moved to enter closed session. Deputy
Mayor Pro Tem Baker seconded. Motion carried 7-0.
Mayor Cain recessed the meeting at 5:30 PM.
Mayor Cain reconvened the meeting at 5:56 PM.
3.Consider/Discuss/Action on any items listed on any agenda - work session, regular
meeting, or closed session - that is duly posted by the City of Anna for any City Council
meeting occurring on the same date as the meeting noticed in this agenda.
No action taken.
4.Adjourn.
Mayor Cain adjourned the meeting at 5:57 PM.
APPROVED this _____ day of _____________, 2025
____________________________________
Mayor Pete Cain
ATTEST:
_______________________________
City Secretary Carrie L. Land
Regular City Council Meeting
Meeting Minutes
Tuesday, March 25, 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 March 25, 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 Kevin Toten
Council Member Jody Bills
Council Member Kelly Herndon
Council Member Lee Miller
Members Absent:
None
2.Invocation and Pledge of Allegiance.
Mayor Cain led the Invocation and Pledge of Allegiance.
3.Neighbor Comments.
No comments given.
4.Reports.
No reports given.
5.Work Session.
a.Child Advocacy Center of Collin County (City Manager Ryan Henderson)
Ms. Lynne McLean provided an update on the Children's Advocacy Center of
Collin County. Council encouraged Ms. McLean to contact City Manager
Henderson to discuss a possible monthly drive.
6.Consent Items.
MOTION: Council Member Toten moved to approve consent items 6a through
6e, 6g, and 6i. Council Member Herndon seconded. Motion carried 7-0.
a.Approve City Council Meeting Minutes for March 11, 2025. (City Secretary Carrie
Land)
b.Review Minutes of the February 13, 2025, Joint Community Development
Corporation and Economic Development Corporation Board Meeting. (Director
of Economic Development Bernie Parker)
c.Review Minutes of the February 10, 2025, Parks and Recreation Advisory Board
Meeting. (Director of Neighborhood Services Marc Marchand)
d.Review Monthly Financial Report for the Month Ending February 28, 2025.
(Budget Manager Terri Doby)
e.Approve the Quarterly Investment Report for the Period Ending December 31,
2024. (Director of Finance Aimee Ferguson)
f.Approve a Park Development Fee Credit Agreement with Jefferson Villages of
Waters Creek LLC for the construction of a trail through Carol Park and into the
Jefferson Villages development. (Dalan Walker Park Planning and Development
Manager)
This Park Development Fee (PDF) Credit Agreement provides PDF credit and
funding from the City to build a 10' wide concrete hike and pike trail from just
south of White St through Carol Park to Persimmon Dr. The issuance of a
Certificate of Occupancy or Temporary Certificate of Occupancy for the final
building within the development is contingent upon the completion and
acceptance of the trail by the City.
MOTION: Council Member Herndon moved to approve. Deputy Mayor Pro Tem
Baker seconded. Motion carried 7-0.
A RESOLUTION OF THE CITY OF ANNA, TEXAS, APPROVING A PARK
DEVELOPMENT FEE CREDIT AGREEMENT WITH JEFFERSON VILLAGES
OF WATERS CREEK LLC TO DESIGN AND CONSTRUCT A TRAIL THROUGH
CAROL PARK AND THE JEFFERSON VILLAGES OF WATERS CREEK
DEVELOPMENT.
g.Approve a Resolution on an agreement between the Anna Community
Development Corporation (CDC) and Red Productions, LLC and the expenditure
of funds for marketing and promotional purposes.(Director of Economic
Development Bernie Parker)
In October 2024, the EDC engaged Red Productions, LLC to produce a new and
updated video of Anna that would be used as marketing material on the website,
at trade shows, and in developer meetings. The CDC had previously worked with
Red Productions on our marketing video, currently featured on the EDC's
website, and received fantastic feedback. This new video will be filmed in May to
ensure that the landscape is more appealing and welcoming.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS,
APPROVING THE AGREEMENT BETWEEN THE ANNA COMMUNITY
DEVELOPMENT CORPORATION AND RED PRODUCTIONS, LLC AND FOR
THE EXPENDITURE OF FUNDS FOR MARKETING AND PROMOTIONAL
PURPOSES AS APPROVED BY THE ANNA COMMUNITY DEVELOPMENT
CORPORATION ON MARCH 6, 2025.
h.Approve a Resolution authorizing the City Manager to execute a contract with
Ford AV for audiovisual goods and services in the Council Chambers,
incorporated through the Texas DIR Cooperative Purchasing System (IT
Manager Chris Talbot).
As part of this project, a new discussion system will be installed in the Council
Chambers, 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.
MOTION: Mayor Pro Tem Carver moved to approve. Council Member Toten
seconded. Motion carried 7-0.
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONTRACT WITH FORDAV AUDIO AND
VISUAL EQUIPMENT FOR THE UPGRADE TO THE MUNICIPAL COMPLEX
COUNCIL CHAMBERS AUDIO VISUAL EQUIPMENT IN THE AMOUNT NOT
TO EXCEED SIXTY THOUSAND AND ZERO CENTS ($60,000).
i.Approve a Resolution of the City of Anna, Texas authorizing the City Manager to
execute purchase orders for the emergency repairs to Well 7, in the amount not
to exceed ninety-five thousand five hundred eight dollars and eighty cents
($95,508.80); and providing for an effective date. (Director of Public Works
Steven Smith)
The City’s Public Works Department hired THI Water Well to complete
emergency repairs to Well 7 in order to maintain supply in the City of Anna public
water system. The scope of work included the replacement of a broken motor
and installation of the new motor into the well pump system to restore operation.
The City of Anna has a Master Service Agreement with THI Water Well for
specialty construction services, including the repair and replacement of well
systems within the public water system.
The work is complete, and this agenda item is required to approve payment to
the contractor. Staff recommended approval.
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE PURCHASE ORDERS FOR THE EMERGENCY
REPAIRS TO WELL 7 AS SHOWN IN EXHIBIT "A" ATTACHED HERETO, IN
THE AMOUNT NOT TO EXCEED NINETY-FIVE THOUSAND FIVE HUNDRED
EIGHT DOLLARS AND EIGHTY CENTS ($95,508.80); AND PROVIDING FOR
AN EFFECTIVE DATE.
7.Items For Individual Consideration.
a.Conduct a Public Hearing/Consider/Discuss/Action on the 2050 Comprehensive
Plan Update (Director of Development Services Stephanie Scott-Sims, AICP).
On April 27, 2021, the City Council adopted the Anna 2050 Comprehensive Plan.
At the time of adoption, the City was undergoing unprecedented growth.
However, that growth had been relatively concentrated within the central section
of Anna (the area generally located between U.S. 75 and Powell Parkway (Hwy
5). As a result, the Future Land Use Plan, adopted as part of the Anna 2050
Comprehensive Plan, generally focused on determining desired land uses within
these fast-developing areas. Less focus was placed on the unincorporated areas
(Extraterritorial Jurisdiction or ETJ) as they were not predicted to develop within
the foreseeable future due to their distance away from the City's growth centers
and their inaccessibility to public utilities. At the time, the Anna decision makers
believed that categorizing these areas as Ranching & Agriculture and Rural
Living in the Future Land Use Plan reflected the likely development patterns in
these areas.
Shortly after the adoption of the Anna 2050 Comprehensive Plan, several actions
would set in motion changes in the ETJ. A wave of development on the western
edges of the city and ETJ (west of U.S. 75) would begin with the approval of the
Hurricane Creek mixed-use development in 2021. Also, in 2023, the City
purchased property in the far southwest section of the ETJ for the site of a
planned wastewater treatment plant to serve the portion of the City of Anna and
the Anna ETJ west of US 75. In 2024, the 780± acre mixed-use Liberty Hills
development was approved. These projects would not only bring annexation of
ETJ property and additional suburban-style development to Anna, but also the
ability to extend public utilities and infrastructure to the area, making it more
attractive to development.
Based on strong development interest west of U.S. 75, the City Council decided
that it was time to revisit the Future Land Use Plan. The community was faced
with an important question - as Anna continues to grow outward, what type of
development was most desirable to the Anna community?
In addition to updating the plan to address the outward expansion, the Council,
Planning & Zoning Commission, and Staff recognized the need to make other
minor updates to the Plan. In the fall of 2024, the City Council requested Staff to
lead a review and update to the Anna 2050 Comprehensive Plan, with a focus
on the Future Land Use Plan and the future land use PlaceTypes. In August
2024, Staff engaged Kimley-Horn, the original Anna 2050 consultant team, to
facilitate the update. After several joint work sessions with the Planning & Zoning
Commission and City Council, a public survey and community open house, the
draft Anna 2050 Comprehensive Plan Update is ready for the public hearing
process for adoption.
At its special meeting on March 18, 2025, the Planning & Zoning Commission
recommended approval of the Comprehensive Plan Update. The Plan is now
before the City Council for formal review and adoption.
Mayor Cain opened the public hearing at 6:50 PM.
Mr. Terrell Culbertson thanked the City Council, Staff and Kimley-Horn for taking
into consideration the input of neighbors.
Mayor Cain closed the public hearing at 6:53 PM.
MOTION: Council Member Herndon moved to approve. Deputy Mayor Pro Tem
Baker seconded. Motion carried 7-0.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING ORDINANCE
903-2021 ADOPTING REVISIONS TO THE CITY OF ANNA COMPREHENSIVE
PLAN; ADOPTIING REVISIONS TO THE CITY OF ANNA FUTURE LAND USE
PLAN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY
CLAUSES; PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF AND
AN EFFECTIVE DATE.
b.Conduct a Public Hearing and take testimony regarding the creation of the
Sherley Farms Public Improvement District pursuant to Section 372.009, Texas
Local Government Code. (Director of Economic Development Bernie Parker)
Staff recommended conducting a public hearing and take testimony regarding
the creation of the Sherley Farms Public Improvement District pursuant to
Section 372.009, Texas Local Government Code.
Mayor Cain opened the public hearing at 7:04 PM.
No comments given.
Mayor Cain closed the public hearing at 7:04 PM.
c.Consider/Discuss/Action on adoption of a Resolution Regarding the Creation of
the Sherley Farms Public Improvement District 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)
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
Sherley 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.
On February 25, 2025, the City Council passed a Resolution setting a Public
Hearing for March 25th, 2025 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.
MOTION: Mayor Pro Tem Carver moved to approve. Council Member Toten
seconded. Motion carried 7-0.
A RESOLUTION REGARDING THE CREATION OF THE SHERLEY FARMS
PUBLIC IMPROVEMENT DISTRICT 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.
d.Consider/Discuss/Action on adoption of a Resolution Setting a Public Hearing
for April 22, 2025, under Section 372.009 of the Texas Local Government Code
on the Advisability of the Creation of a Public Improvement District within the City
of Anna, Texas, to be known as The Landing 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)
The City Council approved a Development Agreement with Rockhill Contracts I,
LLC on May 14, 2024, which stated that the city would use reasonable efforts to
create a Public Improvement District (PID). The development is approximately
83 acres with 336 SF Lots located within the City Limits of Anna, TX. Located
east of AnnaCapri, south of Tara Farms at the intersection of County Road 371
(Lindsey Ln) and Hwy 5.
On March 3, 2025, a PID petition was submitted for consideration, requesting a
public hearing be set for April 22, 2025, as per Texas Statute.
MOTION: Council Member Miller moved to approve. Council Member Herndon
seconded. Motion carried 7-0.
A RESOLUTION SETTING A PUBLIC HEARING FOR APRIL 22, 2025 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 KNOW
AS THE LANDING PUBLIC IMPROVEMENT DISTRICT AND AUTHORIZING
THE ISSUANCE OF NOTICE BY THE CITY SECRETARY OF ANNA, TEXAS,
REGARDING THE PUBLIC HEARING.
e.Consider/Discuss/Action on adoption of a Resolution of the City of Anna City
Council Supporting Texas House Bill 3066 and Senate Bill 2297 for the Qualified
Hotel Project. (Director of Economic Development Bernie Parker)
The Qualified Hotel Project was established as a public-private financial tool to
assist Texas municipalities in financing headquarter hotel facilities designed to
support convention centers. These convention center hotels are typically large
in size, often exceeding the scale of other hotels. This is due primarily to the
fact that they not only offer more guest rooms than a traditional hotel but also
include expansive meeting spaces, restaurants, and other amenities that
complement the convention center. Consequently, these facilities are expensive
and challenging to construct without private-sector funding.
The laws created and amended by this Bill generally authorize certain
municipalities in Texas to receive a rebate of the state hotel occupancy tax and
state sales tax collected at a Qualified Hotel location near a convention center
for a period of ten years after the hotel project opens for initial occupancy.
The rebated taxes may be used for the payment of bonds or other obligations
issued or incurred to acquire, lease, construct, and equip the hotel and any
facilities ancillary to the hotel. These may include convention center
entertainment-related facilities, restaurants, retail establishments, street, water,
and sewer infrastructure necessary for the operation of the hotel or ancillary
facilities, and parking facilities within 1,000 feet of the hotel or convention
center.
With the growth Anna is experiencing, we are attracting significant interest from
projects that will not only impact our city but also the county and the broader
region. These potential projects will have a direct economic impact by attracting
large-scale capital investments, creating jobs, and enhancing tourism in our
area. Being included in the Qualified Hotel Project provides Anna with a
competitive edge over other cities, counties, and even states when it comes to
attracting these large-scale projects. The policy rationale behind the program is
to strategically use short-term state and local tax dollars to leverage private
investment and achieve the long-term benefits of increased state and local tax
revenue in the future.
For the City of Anna to be eligible for the Qualified Hotel Program, we must be
identified as an Authorized Municipality and added to this session's legislation
to amend HB 4347. Staff have been working with both Representative Leach’s
and Senator Paxton’s offices to revise the language that would include the City
of Anna in HB 3066 and SB 2297.
Currently, there is no financial impact to the City, as this Bill provides for the
reimbursement of funds to the city over a period of 10 years. These funds
represent the State's portion of the Hotel Occupancy Tax, which is 6%.
Additionally, any ancillary businesses that generate sales tax may also be
included, meaning the City could potentially be reimbursed for the State’s
portion of the Sales Tax, which is 6.25%.
MOTION: Council Member Toten moved to approve. Council Member
Herndon seconded. Motion carried 7-0.
A RESOLUTION OF THE ANNA CITY COUNCIL SUPPORTING TEXAS
HOUSE BILL 3066 AND TEXAS SENATE BILL 2297.
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 Charter
b.Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov’t Code §551.072).
c.Discuss or deliberate Economic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To deliberate the offer of
a financial or other incentive to a business prospect described by subdivision (1).
(Tex. Gov’t Code §551.087).
d.Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). City
Charter Review Commission
No closed session.
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 7:20 PM.
APPROVED this _____ day of _____________, 2025
____________________________________
Mayor Pete Cain
ATTEST:
_______________________________
City Secretary Carrie L. Land
2025-03-25 Meeting MinutesAttachment A
Item No. 5.b.
City Council Agenda
Staff Report
Meeting Date: 4/8/2025
Staff Contact:
AGENDA ITEM:
Review Minutes of the January 27, 2025, Neighbor Engagement and Inclusion Advisory
Commission Meeting. (Assistant City Manager Taylor Lough)
SUMMARY:
The Neighbor Engagement and Inclusion Advisory Commission met on Monday,
January 27, 2025. The minutes are within for review.
FINANCIAL IMPACT:
BACKGROUND:
The Anna Neighbor Engagement and Inclusion Advisory Commission advises the City
Council of community dialog to ensure all neighbors are seen, heard, acknowledged,
and celebrated by fostering connections among diverse groups with the city
government.
STRATEGIC CONNECTIONS:
ATTACHMENTS:
1. January 27 2025 Minutes Signed
Item No. 5.c.
City Council Agenda
Staff Report
Meeting Date: 4/8/2025
Staff Contact: Taylor Lough
AGENDA ITEM:
Review Minutes of the February 24, 2025, Neighbor Engagement and Inclusion
Advisory Commission Meeting. (Assistant City Manager Taylor Lough)
SUMMARY:
The Neighbor Engagement and Inclusion Advisory Commission met on Monday,
February 24, 2025. The minutes of that meeting are within for City Council review.
FINANCIAL IMPACT:
BACKGROUND:
The Anna Neighbor Engagement and Inclusion Advisory Commission advises the City
Council of community dialog to ensure all neighbors are seen, heard, acknowledged,
and celebrated by fostering connections among diverse groups with the city
government.
STRATEGIC CONNECTIONS:
ATTACHMENTS:
1. February 24 2025 Minutes Signed
Item No. 5.d.
City Council Agenda
Staff Report
Meeting Date: 4/8/2025
Staff Contact: Gregory Peters
AGENDA ITEM:
Approve a Resolution authorizing the City Manager to enter into a Master Service
Agreement for a feasibility and facility study with Parkhill, Incorporated. (Assistant City
Manager Greg Peters, P.E.)
SUMMARY:
The City of Anna recently completed a "Request for Qualifications" process to identify
qualified professional service providers to provide facility studies for the City of Anna,
Texas. This item is to authorize the City Manager to enter into a Master Service
Agreement with the selected firm.
FINANCIAL IMPACT:
Funding for this service was appropriated in the FY2025 Public Improvement District
Fund budget in the amount of $150,000. The estimated cost of the Master Service
agreement with Parkhill Incorporated is $_________________. Additional funding
sources will be identified and incorporated into the forthcoming approval of the Project
Specific Purchase Orders by the City Council at a future date.
BACKGROUND:
The City of Anna publicly advertised a "Request for Qualifications" (RFQ) for interested
vendors regarding the need for facility studies in the City of Anna, Texas. The RFQ was
publicly posted on the City of Anna's online purchasing portal, IonWave, on January 14,
2025. The submittal deadline was February 14, 2025. The City received responses from
five vendors, and narrowed the selection to the two highest-scoring firms, who were
interviewed on March 12, 2025.
Both of the finalists were highly qualified and demonstrated the ability to achieve the
project goals based on their experience, capabilities, and proposed project team.
In an effort to improve the efficiency of the project processes and accelerate the overall
schedule, City staff is recommending the City move forward with both of the finalists. As
such, staff recommends dividing the project scope based on the unique capabilities and
qualifications of both firms, as listed below:
• Parkhill
o Police Feasibility & Facility Study
o City Hall Efficiency Improvements Facility Study
• BRW
o Public Works Feasibility & Facility Study
o Future Fire Station Feasibility Studies
If approved, the City Manager will execute a Master Service Agreement with the
selected firms, and begin the process of developing a detailed scope and project
schedule. A final Project Specific Purchase Order (PSPO) with each firm will be brought
back to the City Council for approval.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Safe.
ATTACHMENTS:
Item No. 5.e.
City Council Agenda
Staff Report
Meeting Date: 4/8/2025
Staff Contact: Gregory Peters
AGENDA ITEM:
Approve a Resolution authorizing the City Manager to enter into a Master Service
Agreement for a feasibility and facility study with Brown Reynolds Watford Architects,
Incorporated. (Assistant City Manager Greg Peters, P.E.)
SUMMARY:
The City of Anna recently completed a "Request for Qualifications" process to identify
qualified professional service providers to provide facility studies for the City of Anna,
Texas. This item is to authorize the City Manager to enter into a Master Service
Agreement with the selected firm.
FINANCIAL IMPACT:
Funding for this service was appropriated in the FY2025 Public Improvement District
Fund budget in the amount of $150,000. Additional funding sources will be identified
and incorporated into the forthcoming approval of the Project Specific Purchase Orders
by the City Council at a future date.
BACKGROUND:
The City of Anna publicly advertised a "Request for Qualifications" (RFQ) for interested
vendors regarding the need for facility studies in the City of Anna, Texas. The RFQ was
publicly posted on the City of Anna's online purchasing portal, IonWave, on January 14,
2025. The submittal deadline was February 14, 2025. The City received responses from
five vendors, and narrowed the selection to the two highest-scoring firms, who were
interviewed on March 12, 2025.
Both of the finalists were highly qualified and demonstrated the ability to achieve the
project goals based on their experience, capabilities, and proposed project team.
In an effort to improve the efficiency of the project processes and accelerate the overall
schedule, City staff is recommending the City move forward with both of the finalists. As
such, staff recommends dividing the project scope based on the unique capabilities and
qualifications of both firms, as listed below:
• Parkhill
o Police Feasibility & Facility Study
o City Hall Efficiency Improvements Facility Study
• Brown Reynolds Watford Architects (BRW)
o Public Works Feasibility & Facility Study
o Future Fire STation Feasibility Studies
If approved, the City Manager will execute a Master Service Agreement with the
selected firms, and begin the process of developing a detailed scope and project
schedule. A final Project Specific Purchase Order (PSPO) with each firm will be brought
back to the City Council for approval.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Resilient.
ATTACHMENTS:
Item No. 5.f.
City Council Agenda
Staff Report
Meeting Date: 4/8/2025
Staff Contact: Gregory Peters
AGENDA ITEM:
Approve a Resolution to Execute a Subdivision Improvement Agreement with Meadow
Vista Phase 2, for landscaping improvements to Ferguson Parkway south of Hackberry
Drive, subject to review and approval of the City Attorney. (Assistant City Manager Greg
Peters, P.E.)
SUMMARY:
This item is to approve a Subdivision Improvement Agreement by and between
Bloomfield Homes and the City of Anna for landscaping improvements to Ferguson
Parkway, south of Hackberry Drive.
FINANCIAL IMPACT:
Funding for this agreement will come from building permit fees generated by the
development of the Meadow Vista single-family residential development.
BACKGROUND:
Meadow Vista is a master-planned single-family residential development project located
at the northwest corner of Hackberry Drive and Ferguson Parkway in the City of Anna.
Phase 1 of the project is under construction, with Phase 2 beginning in the near future.
Ferguson Parkway is a 4-lane divided arterial roadway in the City, with medians splitting
the northbound and outbound traffic. Currently, there is no irrigation system located in
the Ferguson Parkway medians from Hackberry Drive to a point 275 feet south of the
intersection of Ferguson Parkway and Avery Pointe Drive.
Bloomfield Homes, L.P. is the developer of the Meadow Vista project and understands
the value of improving the landscaping along a primary route to and from their project.
They have agreed to design and construct the necessary median improvements, with
the understanding that the City will reimburse building permit fees from the Meadow
Vista development to cover the project costs. Entering into a partnership with Bloomfield
Homes allows the City to complete this important project faster and cheaper when
compared to a stand-alone capital improvement project.
The developer and City staff have agreed to a total project budget of $350,000, based
on a preliminary cost estimate provided by the Developer. Per the language in the
agreement and discussions with the developer, costs will not exceed $350,000.
Staff recommends approval of this item. Once approved, the City will work with the
developer to obtain final signatures and receive approval from the City Attorney for any
mutually negotiated changes to the agreement language.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Excellent.
ATTACHMENTS:
1. Resolution - Meadow Vista SIA
2. SIA Meadow Vista - Ferguson Landscaping - Final Draft
3. Ferguson Landscaping - Project Location Map
CITY OF ANNA, TEXAS
RESOLUTION NO. _______________
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A SUBDIVISION IMPROVEMENT AGREEMENT WITH
BLOOMFIELD HOMES, L.P. FOR LANDSCAPING IMPROVEMENTS TO FERGUSON
PARKWAY AS SHOWN IN EXHIBIT “A” ATTACHED HERETO, IN THE AMOUNT NOT
TO EXCEED THREE HUNDRED FIFTY THOUSAND DOLLARS AND ZERO CENTS
($350,000.00), SUBJECT TO REVIEW AND APPROVAL OF THE CITY ATTORNEY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Anna is responsible for maintaining public streets in the City of
Anna, including landscaped medians; and,
WHEREAS, Bloomfield Homes, L.P., is the developer of the Meadow Vista Subdivision,
located at the northwest corner of Ferguson Parkway and Hackberry Drive; and,
WHEREAS, the Bloomfield Homes, L.P. has agreed to design and construct public
improvements, including irrigation and landscaping improvements in the medians of
Ferguson Parkway from Hackberry Drive to a point 275 feet south of Avery Pointe Drive;
and,
WHEREAS, the City of Anna has agreed to reimburse Bloomfield Homes, L.P. for the
cost of design and construction of the proposed public improvements, in an amount not
to exceed $350,000; 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 Agreement, Payment, and Funding.
That the City Manager is hereby authorized to execute the Subdivision Improvement
Agreement for public improvements to the medians of Ferguson Parkway in the City of
Anna, Texas.
That the City Attorney shall review and approve the final language included in the
Subdivision Improvement Agreement prior to execution by the City Manager.
That funding for the project shall not exceed $350,000, and said funding shall come
from the reimbursement of Building Permit Fees generated from the development of the
Meadow Vista Subdivision.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___
day of April 2025.
ATTEST: APPROVED:
__________________________ __________________________
City Secretary, Carrie L. Smith Mayor, Pete Cain
Exhibit “A”
MEADOW VISTA PHASE 2 SUBDIVISION IMPROVMENT AGREEMENT PAGE 1
MEADOW VISTA PHASE 2 SUBDIVISION IMPROVEMENT AGREEMENT
This The Meadow Vista Phase 2 Subdivision Improvement Agreement (this “Agreement”)
is entered into by and between the CITY OF ANNA, a home-rule municipality in Collin County,
Texas (the “City”), and BLOOMFIELD HOMES, LP(“Developer”), to be effective on the
Effective Date.
SECTION 1
RECITALS
WHEREAS, certain terms used in these recitals are defined in Section 2; and
WHEREAS, the City is a home-rule municipality of the State of Texas located within
Collin County; and
WHEREAS, Developer and the City are sometimes collectively referenced in this
Agreement as (the “Parties,”) or each individually as (“Party”); and
WHEREAS, Developer owns approximately 223.154 acres of real property located in the
City, described by metes and bounds in Exhibit A (the “Property”); and
WHEREAS, the Property is zoned as Planned Development 839-2019 and shall be
developed in accordance with said zoning; and
WHEREAS, Developer desires to proceed with development of the Property to be known
as Meadow Vista Phase 2, as generally described and/or generally illustrated on the Final Plat
shown in Exhibit B (the “Final Plat”), which Development collectively totals approximately 7
residential lots and 3 common area lots; and
WHEREAS, the Parties intend that the Property be developed in accordance with Final
Plat and the Development Standards agreed to under this Agreement; and
WHEREAS, Developer desires and intends to design, construct and install and/or make
financial contributions to certain Public Improvements to serve the Development; and
WHEREAS, the Parties intend for the construction, and installation of the Public
Improvements to be completed by the Developer and dedicated to the City for use and
maintenance, subject to inspection and acceptance of the Public Improvements in accordance with
this Agreement and the City Regulations; and
WHEREAS, the Developer has estimated that the costs of the Public Improvements to
serve the Property are as set forth as to said Public Improvements in the amounts shown in the
Opinion of Probable Cost in Exhibit C and that said total cost is approximately $350,000.00; and
WHEREAS, the Developer shall be solely responsible for the funding and construction of
all of the Public Improvements required to serve the Property except as expressly set forth in this
Agreement; and
MEADOW VISTA PHASE 2 SUBDIVISION IMPROVMENT AGREEMENT PAGE 2
WHEREAS, the Public Improvements include public landscaping and irrigation
improvements that will serve the Property and other areas not owned by the Developer; and
WHEREAS, Developer is willing to construct said improvements, including certain public
landscaping and irrigation improvements that will serve the Property and provide beautification of
the Ferguson Parkway Corridor benefitting adjacent properties not owned by the Developer; and
WHEREAS, the Developer has estimated that the costs necessary to complete the
construction are as set forth in the amounts shown in the Landscaping & Irrigation – Opinion of
Probable Construction Cost in Exhibit C and that said total cost is approximately $350,000.00;
and
WHEREAS, the Developer shall be obligated to complete and construct improvements
including public landscaping and irrigation systems in accordance with the plans and specifications
as set forth in Exhibit D and in accordance with the City Development Standards, this Agreement,
and other required approvals; and
WHEREAS, the City desires to share in the cost of the improvements up to a maximum
not-to-exceed amount of $350,000.00, representing the approximate amount of the cost of
construction required to provide for the public improvements; and
WHEREAS, Developer understands and acknowledges that the obligations undertaken
under this Agreement are primarily for the benefit of the Property; and
WHEREAS, Developer understands and acknowledges that the Public Improvements to
be constructed by Developer and dedicated to the City under this Agreement will benefit the
Development by positively contributing to the enhanced nature of the Development, increasing
property values within the Property, and encouraging investment and ultimate development of the
Property; and
WHEREAS, Developer understands and acknowledges that its acceptance of this
Agreement is not an exaction or a concession demanded by the City; rather, it is an undertaking of
Developer’s voluntary design to ensure consistency, quality, and adequate public improvements
that will benefit the Development and the Property, including without limitation Developer’s
agreement to adhere to the Development Standards; and
WHEREAS, the City and Developer understand and acknowledge that the construction of
the Public Improvements and related purchasing and contracting under this Agreement are exempt
from the competitive sealed bidding procedures of Chapter 252 of the Texas Local Government
Code; and
WHEREAS, the City recognizes the positive impact the Public Improvements will bring
to the City and that said improvements will promote state and local economic development,
stimulate business and commercial activity in the City for the development and diversification of
the economy of the state, promote the development and expansion of commerce in the state, and
reduce unemployment or underemployment in the state and that this agreement is a program under
Chapter 380 of the Texas Local Government Code; and
MEADOW VISTA PHASE 2 SUBDIVISION IMPROVMENT AGREEMENT PAGE 3
WHEREAS, nothing contained in this Agreement, shall be construed as creating a
contractual obligation that controls, waives, or supplants the City Council’s legislative discretion
or functions; and
WHEREAS, unless expressly set forth to the contrary in this Agreement, the Parties intend
this Agreement to supersede City Regulations only to the extent that City Regulations directly
conflict with the terms of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Parties hereby agree as follows:
SECTION 2
DEFINITIONS
Certain terms used in this Agreement are defined in this Section 2. Other terms used in
this Agreement are defined in the recitals or in other sections of this Agreement. Unless the context
requires otherwise, the following terms shall have the meanings hereinafter set forth:
Agreement means this Meadow Vista Phase 2 Subdivision Improvement Agreement.
Building Permit Fee means the $2,400 per unit fee collected at the time of building permit
for single family homes to be constructed within the Development.
City means the City of Anna, a home-rule municipality located in Collin County, Texas.
City Code means The Anna City Code of Ordinances.
City Council means the governing body of the City.
City Manager means the current or acting City Manager of the City of Anna or a person
designated to act on behalf of that individual if the designation is in writing and signed by the
current or acting City Manager.
City Regulations means the City’s applicable development regulations in effect on the
Effective Date, including without limitation City Code provisions, ordinances (including without
limitation park dedication fees), design standards (including without limitation pavement
thickness), and other policies duly adopted by the City; provided, however, that as it relates to
Public Infrastructure for any given phase, the applicable construction standards (including without
limitation uniform building codes) shall be those that the City has duly adopted at the time of the
filing of an application for a preliminary plat for that phase unless construction of said phase has
not commenced within two years of approval of such preliminary plat in which case the
construction standards shall be those that the City has duly adopted at the time that construction
commences.
Developer means the entity(ies) responsible for developing the Property in accordance with
this Agreement.
MEADOW VISTA PHASE 2 SUBDIVISION IMPROVMENT AGREEMENT PAGE 4
Development means The Meadow Vista subdivision on the Property that is the subject of
this Agreement, including all existing and future phases of the Meadow Vista Development.
Development Standards mean the design specifications and construction standards
permitted or imposed under the City Regulations.
Effective Date means the effective date of this Agreement, which shall be the date upon
which all parties have fully executed and delivered this Agreement.
Final Plat means the final plat as approved by the City Council for the development of the
Property as depicted on Exhibit B.
Landscaping & Irrigation Facilities means the trees, grass, foliage, ground cover, irrigation
piping and system controls, sprinkler heads, and related facilities listed in Section 3.3(a).
Mayor means the Mayor of the City of Anna.
Notice means any notice required or contemplated by this Agreement (or otherwise given
in connection with this Agreement).
Public Improvements mean the improvements listed in Exhibit C and Exhibit D and all
other improvements that will be dedicated to and maintained by the City and all other on- and off-
site public facilities, along with other public improvements to be constructed by Developer.
Public Infrastructure means all water, wastewater/sewer, detention and drainage, public
landscaping and irrigation systems, and other infrastructure necessary to serve the full
development of the Property and/or to be constructed and dedicated to the City under this
Agreement. The term includes the Public Improvements.
Real Property Records of Collin County means the official land recordings of the Collin
County Clerk’s Office.
SECTION 3
PUBLIC IMPROVEMENTS
3.1 Construction, Ownership, and Transfer of Public Improvements.
(a)Contract Specifications. Developer’s engineers shall prepare, or cause the
preparation of, and provide the City with, contract specifications and necessary related documents
for the Public Improvements.
(b)Contract Letting. The Parties understand that this Agreement and
construction of the Public Improvements are legally exempt from competitive bidding
requirements. Developer’s engineers shall prepare, or cause the preparation of, and provide to
the City all contract specifications and necessary related documents, including the contract
proposal showing the negotiated total contract price and scope of work, for the construction of
any portion of the Public Improvements that have not been awarded.
MEADOW VISTA PHASE 2 SUBDIVISION IMPROVMENT AGREEMENT PAGE 5
(c)Ownership. All of the Public Improvements and Public Infrastructure shall
be owned by the City upon acceptance of them by the City. Developer agrees to take any action
reasonably required by the City to transfer, convey, or otherwise dedicate or ensure the dedication
of land, right-of-way, or easements for the Public Improvements and Public Infrastructure to the
City.
3.2 Operation and Maintenance.
(a)Upon inspection, approval, and acceptance of the Public Improvements or
any portion thereof, the City shall maintain and operate the accepted public infrastructure and
provide retail water and sewer service to the Property.
3.3 Landscaping & Irrigation Facilities
(a)The Landscaping & Irrigation Facilities include:
(1) Trees, grass (seed and/or sod), ground cover, mulch, rock, and
associated foliage installed within the medians of Ferguson Parkway from Hackberry Drive to
north of FM 455 White Street,
(2) Irrigation main lines, zone lines, sprinkler heads, drip irrigation
systems, irrigation controllers, and necessary electric meter necessary to complete the installation
of a public irrigation system within the medians of Ferguson Parkway from Hackberry Drive to
north of FM 455 White Street.
(b)Developer’s Obligations.
(1) Developer is solely responsible for the funding, installation, and
construction of the Landscape & Irrigation Facilities improvements as described in Exhibit D.
Developer shall provide the City with a detailed project account of all costs associated with the
projects, including receipts, invoices, change orders, and bills paid affidavits as required for
determining the final cost of each CIP Facility.
(c)Timing of Obligations. Developer shall commence construction of the
Public Improvements on or before November 1, 2025. For the purposes of this document,
“commence construction” shall mean for the Developer to select a contractor, hold a pre-
construction meeting with the City, and engage in irrigation and landscaping construction
activities within the Ferguson Parkway Right-of-Way. Developer shall complete construction of
the Public Improvements in a good and workmanlike manner on or before July 1, 2026; provided,
however, Developer shall not be responsible for any delays in the City review and approval of the
design plans, and Developer’s deadlines for commencement and completion of construction shall
be extended by the same duration of any failure of the City to timely acquire applicable easements
and rights-of-way.
(d)City’s Obligations.
(1) City shall reimburse the developer for the construction of the
Landscaping & Irrigation Facilities as set forth below. Reimbursement shall be made with
MEADOW VISTA PHASE 2 SUBDIVISION IMPROVMENT AGREEMENT PAGE 6
payment from Building Permit Fee Funds for the Meadow Vista Development once the City has
accepted the public improvements. Building Permit Fees for all current and future phases of the
Meadow Vista development shall be eligible for use in reimbursing the Developer. The City shall
review the project accounting submitted by the developer prior to initiating reimbursements. The
City shall reimburse the Developer for the lesser of:
i. $350,000.00; or the full cost to construct the Landscaping & Irrigation
Facilities
SECTION 4
PAYEE INFORMATION
With respect to any and every type of payment/remittance due to be paid at any time by
the City to Developer after the Effective Date under this Agreement, the name and delivery address
of the payee for such payment shall be:
Bloomfield Homes, LP
Attn: Donald J. Dykstra
1050 E. Highway 114
Suite #210
Southlake, Texas 76092
Developer may change the name of the payee and/or address set forth above by delivering written
notice to the City designating a new payee.
SECTION 5
ADDITIONAL OBLIGATIONS AND AGREEMENTS
5.1 Administration of Construction of Public Infrastructure. Subject to the terms of
this Agreement, the Parties agree that Developer will be solely responsible to construct all Public
Infrastructure. All public on-site and off-site infrastructure and all other related improvements
will be considered a public project and the City will own all such Public Infrastructure upon
completion and acceptance.
5.2 Compliance with Development Standards. Developer agrees as part of the consideration
for this Agreement that all structures, amenities, buildings, and any other vertical construction
within the Development shall meet or exceed all Development Standards and City Regulation. It
is expressly understood and the Parties agree that City Regulations and Development Standards
applicable to the Property and its use and development include but are not limited to City Code
provisions, ordinances, design standards, uniform codes, and other policies duly adopted by the
City including without limitation any such regulations or requirements that were affected by the
passage of Texas H.B. 2439, 86(R), codified as Chapter 3000 of the Texas Government Code
(“Materials and Methods Regulations”); provided, however, to the extent of any conflict between
the requirements of Materials and Methods Regulations and the requirements of this Agreement,
this Agreement shall control.
5.3 Conflicts. When not in conflict with the terms and conditions of this Agreement,
the development of the Property shall be subject to all applicable City Regulations, including but
MEADOW VISTA PHASE 2 SUBDIVISION IMPROVMENT AGREEMENT PAGE 7
not limited to the City’s subdivision regulations and engineering design standards. In the event of
any direct conflict between this Agreement and any other ordinance, rule, regulation, standard,
policy, order, guideline, or other City adopted or City enforced requirement, whether existing on
the Effective Date or hereinafter adopted, this Agreement, including its exhibits, as applicable,
shall control. In the event of a conflict between the Concept Plan and the Development Standards,
the Development Standards shall control to the extent of the conflict.
5.4 Public Infrastructure, Generally. Except as otherwise expressly provided for in
this Agreement, Developer shall provide all Public Infrastructure necessary to serve the Property,
including streets, utilities, drainage, sidewalks, trails, street lighting, street signage, and all other
required improvements, at no cost to the City except as expressly provided in this Agreement and
as approved by the City Manager. Developer shall cause the installation of the Public
Infrastructure within all applicable time frames in accordance with the City Regulations unless
otherwise established in this Agreement. Developer shall provide engineering studies, plan/profile
sheets, and other construction documents at the time of platting as required by City Regulations.
Such plans shall be approved by the City’s Public Works Department prior to approval of a final
plat. Construction of any portion of the Public Infrastructure shall not be initiated until a pre-
construction conference with a City representative has been held regarding the proposed
construction and the City has issued a written notice to proceed. No final plat may be recorded in
the Real Property Records of Collin County until construction of all Public Infrastructure shown
thereon shall have been constructed, and thereafter inspected, approved and accepted by the City.
5.5 Maintenance Bonds. For each construction contract for any part of the Public
Infrastructure, Developer, or Developer’s contractor, must execute a maintenance bond in
accordance with applicable City Regulations that guarantees the costs of any repairs that may
become necessary to any part of the construction work performed in connection with the Public
Infrastructure, arising from defective workmanship or materials used therein, for a full period of
two (2) years from the date of final acceptance of the Public Infrastructure constructed under such
contract.
5.6 Inspections, Acceptance of Public Infrastructure, and Developer’s Remedy.
(a)Inspections, Generally. The City shall have the right to inspect, at any time,
the construction of all Public Infrastructure necessary to support the Development, including
water, wastewater/sanitary sewer, drainage, roads, streets, alleys, park facilities, electrical, and
street lights and signs. The City’s inspections and/or approvals shall not release Developer from
its responsibility to construct, or cause the construction of, adequate Public Improvements and
Public Infrastructure in accordance with approved engineering plans, construction plans, and
other approved plans related to development of the Property. Notwithstanding any provision of
this Agreement, it shall not be a breach or violation of the Agreement if the City withholds
building permits, certificates of occupancy or City utility services as to any portion of the
Development until Developer has met its obligations to provide for required Public Infrastructure
necessary to such portion according to the approved engineering plans, City Regulations and
Development Standards, and until such Public Infrastructure has been dedicated to and accepted
by the City.
MEADOW VISTA PHASE 2 SUBDIVISION IMPROVMENT AGREEMENT PAGE 8
(b)Ownership. From and after the inspection and acceptance by the City of the
Public Infrastructure and any other dedications required under this Agreement, such
improvements and dedications shall be owned by the City.
(c)Approval of Plats/Plans. Approval by the City, the City’s engineer, or other
City employee or representative, of any plans, designs, or specifications submitted by Developer
pursuant to this Agreement or pursuant to the City Regulations shall not constitute or be deemed
to be a release of the responsibility and liability of Developer or any other responsible party for
the accuracy and competency of their design and specifications. Further, any such approvals shall
not be deemed to be an assumption of such responsibility and liability by the City for any defect
in the design and specifications prepared by Developer or any other responsible party, it being
the intent of the parties that approval by the City signifies only the City’s approval of the general
design concept of the improvements to be constructed.
5.7 Insurance. Developer or its contractor(s) shall acquire and maintain, during the
period of time when any of the Public Infrastructure is under construction (and until the full and
final completion of the Public Infrastructure and acceptance thereof by the City): (a) workers
compensation insurance in the amount required by law; and (b) commercial general liability
insurance including personal injury liability, premises operations liability, and contractual liability,
covering, but not limited to, the liability assumed under any indemnification provisions of this
Agreement, with limits of liability for bodily injury, death and property damage of not less than
$1,000,000.00. Such insurance shall also cover any and all claims which might arise out of the
Public Infrastructure construction contracts, whether by Developer, a contractor, subcontractor,
material man, or otherwise. Coverage must be on a “per occurrence” basis. All such insurance
shall: (i) be issued by a carrier which is rated “A-1” or better by A.M. Best’s Key Rating Guide
and licensed to do business in the State of Texas; and (ii) name the City as an additional insured
and contain a waiver of subrogation endorsement in favor of the City. Upon the execution of
Public Infrastructure construction contracts, Developer shall provide to the City certificates of
insurance evidencing such insurance coverage together with the declaration of such policies, along
with the endorsement naming the City as an additional insured. Each such policy shall provide
that, at least 30 days prior to the cancellation, non-renewal or modification of the same, the City
shall receive written notice of such cancellation, non-renewal or modification.
5.8 INDEMNIFICATION and HOLD HARMLESS. THE DEVELOPER, INCLUDING ITS
RESPECTIVE SUCCESSORS AND ASSIGNS, HEREBY COVENANT AND AGREE TO
RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY THE CITY AND ITS
OFFICERS, OFFICIALS, AGENTS, REPRESENTATIVES, SERVANTS AND EMPLOYEES
(COLLECTIVELY, THE “RELEASED PARTIES”), FROM AND AGAINST ALL THIRD-
PARTY CLAIMS, SUITS, JUDGMENTS, DAMAGES, AND DEMANDS (TOGETHER,
“CLAIMS”) AGAINST THE CITY OR ANY OF THE RELEASED PARTIES, WHETHER
REAL OR ASSERTED INCLUDING WITHOUT LIMITATION REASONABLE
ATTORNEY’S FEES, RELATED EXPENSES, EXPERT WITNESS FEES, CONSULTANT
FEES, AND OTHER COSTS, ARISING OUT OF THE NEGLIGENCE OR OTHER
WRONGFUL CONDUCT OF THE DEVELOPER, INCLUDING THE NEGLIGENCE OF ITS
RESPECTIVE EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN,
AND/OR AGENTS, IN CONNECTION WITH THE DESIGN OR CONSTRUCTION OF ANY
PUBLIC INFRASTRUCTURE, STRUCTURES, OR OTHER FACILITIES OR
MEADOW VISTA PHASE 2 SUBDIVISION IMPROVMENT AGREEMENT PAGE 9
IMPROVEMENTS THAT ARE REQUIRED OR PERMITTED UNDER THIS AGREEMENT;
AND IT IS EXPRESSLY UNDERSTOOD THAT SUCH CLAIMS SHALL, EXCEPT AS
MODIFIED BELOW, INCLUDE CLAIMS EVEN IF CAUSED BY THE CITY’S OWN
CONCURRENT NEGLIGENCE SUBJECT TO THE TERMS OF THIS SECTION. THE
DEVELOPER SHALL NOT, HOWEVER, BE REQUIRED TO INDEMNIFY THE CITY
AGAINST CLAIMS CAUSED BY THE CITY’S SOLE NEGLIGENCE, GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT. IF THE CITY INCURS CLAIMS THAT
ARE CAUSED BY THE CONCURRENT NEGLIGENCE OF THE DEVELOPER AND THE
CITY, THE DEVELOPER’S INDEMNITY OBLIGATION WILL BE LIMITED TO A
FRACTION OF THE TOTAL CLAIMS EQUIVALENT TO THE DEVELOPER’S OWN
PERCENTAGE OF RESPONSIBILITY. THE DEVELOPER, INCLUDING ITS RESPECTIVE
SUCCESSORS AND ASSIGNS, FURTHER COVENANTS AND AGREES TO RELEASE,
DEFEND, HOLD HARMLESS, AND INDEMNIFY, THE CITY AGAINST ANY AND ALL
CLAIMS BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY
PRIOR TO THE EFFECTIVE DATE WHO HAS NOT SIGNED THIS AGREEMENT IF SUCH
CLAIMS RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH: (1) THE CITY’S
RELIANCE UPON THE DEVELOPER’S REPRESENTATIONS IN THIS AGREEMENT;
(2) THIS AGREEMENT OR OWNERSHIP OF THE PROPERTY; OR (3) THE CITY’S
APPROVAL OF ANY TYPE OF DEVELOPMENT APPLICATION OR SUBMISSION WITH
RESPECT TO THE PROPERTY. THIS SECTION SHALL SURVIVE THE TERMINATION
OF THIS AGREEMENT.
5.9 Status of Parties. At no time shall the City have any control over or charge of
Developer’s (or its contractors’) design, construction or installation of any of the Public
Infrastructure, nor the means, methods, techniques, sequences or procedures utilized for said
design, construction or installation. This Agreement does not create a joint enterprise or venture
or employment relationship between the City and Developer.
SECTION 6
EVENTS OF DEFAULT; REMEDIES
6.1 Events of Default. No Party shall be in default under this Agreement until notice
of the alleged failure of such Party to perform has been given in writing (which notice shall set
forth in reasonable detail the nature of the alleged failure) and until such Party has been given a
reasonable time to cure the alleged failure (such reasonable time to be determined based on the
nature of the alleged failure, but in no event more than thirty (30) days (or any longer time period
to the extent expressly stated in this Agreement as relates to a specific failure to perform) after
written notice of the alleged failure has been given except as relates to a type of default for which
a different time period is expressly set forth in this Agreement). Notwithstanding the foregoing,
no Party shall be in default under this Agreement if, within the applicable cure period, the Party to
whom the notice was given begins performance and thereafter diligently and continuously pursues
performance until the alleged failure has been cured.
6.2 Remedies. Except as otherwise set forth in this Agreement, as compensation for
the other party’s default, an aggrieved Party is limited to seeking specific performance of the other
party’s obligations under this Agreement.
MEADOW VISTA PHASE 2 SUBDIVISION IMPROVMENT AGREEMENT PAGE 10
6.3 Performance Window. Developer shall take all actions required under the City
Regulations and this Agreement necessary to record a final plat of the Development in the Real
Property Records of Collin County not later than 24 months after the Effective Date. If Developer
does not meet this obligation, the City may elect to terminate this Agreement by providing
Developer with written notice of such failure(s). If the City provides such written notice,
Developer shall have 120 days from the date that the City delivers said written notice in which to
cure such failure(s), plus an additional time period equal to any delay caused by the failure(s), if
any, of the City to timely meet its obligations under this Agreement. If Developer fails to timely
cure such failure(s), then the City shall be excused from its obligations under this Agreement,
including but not limited to any obligation to reimburse the Developer any amounts otherwise due
under this Agreement.
SECTION 7
ASSIGNMENT; ENCUMBRANCE
7.1 Assignment. This Agreement shall be binding upon and inure to the benefit of
the successors and assigns of the parties hereto. The obligations, requirements, or covenants to
develop the Property subject to this Agreement shall be freely assignable, in whole or in part, to
any affiliate or related entity of Developer, or any lien holder on the Property, without the prior
written consent of the City. Except as otherwise provided in this paragraph, the obligations,
requirements or covenants to the development of the Property shall not be assigned, in whole or in
part, by Developer to a non-affiliate or non-related entity of Developer without the prior written
consent of the City Manager, which consent shall not be unreasonably withheld or delayed if the
assignee demonstrates financial ability to perform. Any receivables due under this Agreement
may be assigned by Developer without the consent of, but upon written notice to the City pursuant
to the terms hereof. An assignee shall be considered a “Party” for the purposes of this Agreement.
Each assignment shall be in writing executed by Developer and the assignee and shall obligate the
assignee to be bound by this Agreement to the extent this Agreement applies or relates to the
obligations, rights, title, or interests being assigned. No assignment by Developer shall release
Developer from any liability that resulted from an act or omission by Developer that occurred prior
to the effective date of the assignment unless the City approves the release in writing. Developer
shall maintain written records of all assignments made by Developer to assignees, including a copy
of each executed assignment and, upon written request from any Party or assignee, shall provide a
copy of such records to the requesting person or entity, and this obligation shall survive the
assigning Party’s sale, assignment, transfer, or other conveyance of any interest in this Agreement
or the Property.
7.2 Assignees as Parties. An assignee authorized in accordance with this Agreement
and for which notice of assignment has been provided in accordance herewith shall be considered
a “Party” for the purposes of this Agreement.
7.3 Third Party Beneficiaries. Except as otherwise provided herein, this Agreement
inures to the benefit of, and may only be enforced by, the Parties. No other person or entity shall
have any right, title, or interest under this Agreement or otherwise be deemed to be a third-party
beneficiary of this Agreement.
MEADOW VISTA PHASE 2 SUBDIVISION IMPROVMENT AGREEMENT PAGE 11
7.4 Notice of Assignment. The following requirements shall apply in the event that
Developer sells, assigns, transfers, or otherwise conveys the Property or any part thereof and/or
any of its rights or benefits under this Agreement: (i) Developer must provide written notice to the
City to the extent required under this section at least fifteen (15) business days in advance of any
such sale, assignment, transfer, or other conveyance; (ii) said notice must describe the extent to
which any rights or benefits under this Agreement will be sold, assigned, transferred, or otherwise
conveyed; (iii) said notice must state the name, mailing address, telephone contact information,
and, if known, email address, of the person(s) that will acquire any rights or benefits as a result of
any such sale, assignment, transfer or other conveyance; and (iv) said notice must be signed by a
duly authorized person representing Developer and a duly authorized representative of the person
that will acquire any rights or benefits as a result of the sale, assignment, transfer or other
conveyance.
SECTION 8
RECORDATION AND ESTOPPEL CERTIFICATES
8.1 Binding Obligations. This Agreement and all amendments thereto and
assignments hereof shall be recorded in the Real Property records of Collin County. This
Agreement binds and constitutes a covenant running with the Property and, upon the Effective
Date, is binding upon Developer and the City, and forms a part of any other requirements for
development within the Property. This Agreement, when recorded, shall be binding upon the
Parties and their successors and assigns as permitted by this Agreement and upon the Property.
8.2 Estoppel Certificates. From time to time, upon written request of Developer or
any future owner, and upon the payment to the City of a $500.00 fee plus all reasonable costs
incurred by the City in providing the certificate described in this section, including without
limitation attorney’s fees and related costs, the City Manager, or his/her designee will, in his/her
official capacity and to his/her reasonable knowledge and belief, execute a written estoppel
certificate identifying any obligations of an owner under this Agreement that are in default.
SECTION 9
GENERAL PROVISIONS
9.1 Term. Except with respect to any earlier termination effected under this
Agreement, this Agreement shall terminate upon satisfaction of all obligations by all Parties or the
expiration of five (5) years after the Effective Date, whichever occurs earlier.
9.2 Recitals. The recitals contained in this Agreement: (a) are true and correct as of
the Effective Date; (b) form the basis upon which the Parties negotiated and entered into this
Agreement; and (c) reflect the final intent of the Parties with regard to the subject matter of this
Agreement. In the event it becomes necessary to interpret any provision of this Agreement, the
intent of the Parties, as evidenced by the recitals, shall be taken into consideration and, to the
maximum extent possible, given full effect. The Parties have relied upon the recitals as part of the
consideration for entering into this Agreement and, but for the intent of the Parties reflected by the
recitals, would not have entered into this Agreement.
9.3 Notices. Any notice, submittal, payment or instrument required or permitted by
this Agreement to be given or delivered to any party shall be deemed to have been received when
MEADOW VISTA PHASE 2 SUBDIVISION IMPROVMENT AGREEMENT PAGE 12
delivered personally or upon the expiration of 72 hours following deposit of the same in any United
States Post Office, registered or certified mail, postage prepaid, addressed as follows:
To the City:City of Anna, Texas
Attn: City Manager
111 N. Powell Parkway
Anna, TX 75409
With a copy to:Wolfe, Tidwell & McCoy, LLP
Attn: Clark McCoy
2591 Dallas Parkway, Suite 300
Frisco, Texas 75034
To Developer:Bloomfield Homes, LP
Attn: Donald J. Dykstra
1050 E. Highway 114
Suite #210
Southlake, Texas 76092
With a copy to:Greenberg Traurig, LLP
Attn: Drew Slone
2200 Ross Avenue
Suite #5200
Dallas, Texas 75201
Any party may change its address or addresses for delivery of notice by delivering written notice
of such change of address to the other party.
9.4 Interpretation. The Parties acknowledge that each has been actively involved in
negotiating this Agreement. Accordingly, the rule of construction that any ambiguities are to be
resolved against the drafting Party will not apply to interpreting this Agreement. In the event of
any dispute over the meaning or application of any provision of this Agreement, the provision will
be interpreted fairly and reasonably and neither more strongly for nor against any Party, regardless
of which Party originally drafted the provision.
9.5 Time. In this Agreement, time is of the essence and compliance with the times
for performance herein is required.
9.6 Authority and Enforceability. The City represents and warrants that this
Agreement has been approved by official action by the City Council of the City in accordance with
all applicable public notice requirements (including, but not limited to, notices required by the
Texas Open Meetings Act) and that the individual executing this Agreement on behalf of the City
has been duly authorized to do so. The Developer represents and warrants that this Agreement has
MEADOW VISTA PHASE 2 SUBDIVISION IMPROVMENT AGREEMENT PAGE 13
been approved by appropriate action of Developer, and that each individual executing this
Agreement on behalf of Developer has been duly authorized to do so. Each Party respectively
acknowledges and agrees that this Agreement is binding upon such Party and is enforceable against
such Party, in accordance with its terms and conditions.
9.7 Severability. This Agreement shall not be modified or amended except in
writing signed by the Parties. If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable for any reason, then: (a) such unenforceable provision
shall be deleted from this Agreement; (b) the unenforceable provision shall, to the extent possible
and upon mutual agreement of the parties, be rewritten to be enforceable and to give effect to the
intent of the Parties; and (c) the remainder of this Agreement shall remain in full force and effect
and shall be interpreted to give effect to the intent of the Parties.
9.8 Applicable Law; Venue. This Agreement is entered into pursuant to, and is to
be construed and enforced in accordance with, the laws of the State of Texas, and all obligations
of the Parties are performable in Collin County. Exclusive venue for any action related to, arising
out of, or brought in connection with this Agreement shall be in the Collin County District Court.
9.9 Non-Waiver. Any failure by a Party to insist upon strict performance by the
other Party of any material provision of this Agreement shall not be deemed a waiver thereof, and
the Party shall have the right at any time thereafter to insist upon strict performance of any and all
provisions of this Agreement. No provision of this Agreement may be waived except by writing
signed by the Party waiving such provision. Any waiver shall be limited to the specific purposes
for which it is given. No waiver by any Party of any term or condition of this Agreement shall be
deemed or construed to be a waiver of any other term or condition or subsequent waiver of the
same term or condition.
9.10 Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original and constitute one and the same instrument.
9.11 Force Majeure. Each Party shall use good faith, due diligence and reasonable
care in the performance of its respective obligations under this Agreement, and time shall be of
the essence in such performance; however, in the event a Party is unable, due to force majeure, to
perform its obligations under this Agreement, then the obligations affected by the force majeure
shall be temporarily suspended. Within three (3) business days after the occurrence of a force
majeure, the Party claiming the right to temporarily suspend its performance, shall give Notice to
all the Parties, including a detailed explanation of the force majeure and a description of the action
that will be taken to remedy the force majeure and resume full performance at the earliest possible
time. The term “force majeure” shall include events or circumstances that are not within the
reasonable control of the Party whose performance is suspended and that could not have been
avoided by such Party with the good faith exercise of good faith, due diligence and reasonable
care.
9.12 Complete Agreement. This Agreement embodies the entire Agreement between
the Parties and cannot be varied or terminated except as set forth in this Agreement, or by written
agreement of the City and Developer expressly amending the terms of this Agreement. By entering
into this Agreement, the Parties understand and agree that any previous agreements or
understanding between the parties are null and void.
MEADOW VISTA PHASE 2 SUBDIVISION IMPROVMENT AGREEMENT PAGE 14
9.13 Consideration. This Agreement is executed by the Parties hereto without
coercion or duress and for substantial consideration, the sufficiency of which is hereby
acknowledged.
9.14 Exhibits. The following exhibits are attached to this Agreement and are
incorporated herein for all purposes:
Exhibit A Metes and Bounds Description of the Property
Exhibit B Final Plat
Exhibit C Landscaping & Irrigation Improvements – Opinion of Probable
Construction Cost
Exhibit D Landscaping & Irrigation Improvements – Project Location Map
[SIGNATURES PAGES AND EXHIBITS FOLLOW, REMAINDER OF THIS PAGE
INTENTIONALLY LEFT BLANK]
MEADOW VISTA PHASE 2 SUBDIVISION IMPROVMENT AGREEMENT PAGE 15
EXECUTED BY THE PARTIES TO BE EFFECTIVE ON THE EFFECTIVE DATE:
CITY OF ANNA
By:
Name: Ryan Henderson
Title: City Manager
Date:
STATE OF TEXAS §
§
COUNTY OF COLLIN §
This instrument was acknowledged before me on this __ day of _______________ 2025,
Nate Pike, Mayor of the City of Anna, Texas, on behalf of said City.
Notary Public, State of Texas
[SEAL]
MEADOW VISTA PHASE 2 SUBDIVISION IMPROVMENT AGREEMENT PAGE 16
DEVELOPER:
Bloomfield Homes, LP,
a Texas limited partnership
By:
By: _______________________
Name: Donald J. Dykstra
Title: President
THE STATE OF TEXAS §
§
COUNTY OF ___________ §
This instrument was acknowledged before me on the ___ day of ____________ 2025, by
_______________________, _______________ of Bloomfield Homes, a Texas Limited
Partnership.
Notary Public in and for the State of Texas
Exhibit A
METES AND BOUNDS DESCRIPTION OF THE PROPERTY
Exhibit A
METES AND BOUNDS DESCRIPTION OF THE PROPERTY
Exhibit A
METES AND BOUNDS DESCRIPTION OF THE PROPERTY
Exhibit A
METES AND BOUNDS DESCRIPTION OF THE PROPERTY
Exhibit A
METES AND BOUNDS DESCRIPTION OF THE PROPERTY
Exhibit A
METES AND BOUNDS DESCRIPTION OF THE PROPERTY
Exhibit B
FINAL PLAT
Exhibit C
PUBLIC IMPROVEMENTS – OPINION OF PROBABLE CONSTRUCTION COST
TOTAL PROJECT BUDGET: $350,000
Exhibit D
PROJECT LOCATION MAP
Exhibit D
PROJECT LOCATION MAP
Item No. 5.g.
City Council Agenda
Staff Report
Meeting Date: 4/8/2025
Staff Contact: Jeff Freeth
AGENDA ITEM:
Approve a Resolution authorizing the City Manager to execute a Performance
Agreement with Coffey Anderson to perform at the June 28, 2025 Boots and Booms
Independence Day celebration in the amount of $50,000. (Assistant Director of
Neighborhood Services Jeff Freeth)
SUMMARY:
This item is to approve an agreement for a performance agreement with Coffey
Anderson to perform at the June 28th, 2025 Boots and Booms Independence Day
celebration.
FINANCIAL IMPACT:
Funding for the performance is available in the FY2025 Neighborhood Services budget
from the Park Development Fund. The cost of the performance agreement is $50,000.
BACKGROUND:
The 5th Annual Boots and Booms Independence Day celebration will be held on
Saturday, June 28th, 2025 at Slayter Creek Park. The event features food trucks, a kids
zone, fireworks and live music. Each year the event features a headline band/performer
for the live music element. This performance agreement with Coffey Anderson would
fulfill this element.
Coffey Anderson will perform a 90-minute set from 8-9:30pm prior to the fireworks
show. As part of the agreement, Coffey Anderson will also provide a VIP/sponsor Meet
and Greet on the day of the show, an LED wall for the stage, and a personalized promo
video for the City to use on social media, city website, etc.
About Coffey Anderson (https://coffeyanderson.com/pages/coffey-anderson)
Hailing from Texas, Coffey Anderson has built an acclaimed country music career
defined by his tireless work ethic, deep sense of humility and undeniable country roots.
A 5-time Grand Ole Opry performer, CMA member, and proud ACM member, Coffey
has uplifted the nation, paid respect to our troops, and connected with millions of
listeners through his patriotic anthem Mr. Red White and Blue. While building his brand
as an entrepreneur and recording artist, Coffey continues to use his gift as an
entertainer. His presence thrives online, amassing a following of over a million people
between his Instagram and TikTok pages. His Facebook page is home to 748,000 likes,
he has over 500,000 YouTube subscribers and his Netflix original reality series,
“Country Ever After,” has been viewed by an estimated 50 million+ people. Despite his
ever-evolving career, Coffey retains his steadfast commitment to his initial goal through
his music—using his gift to spread positivity, kindness, and love. With his unwavering
dedication to his craft and an ever-expanding platform, Coffey Anderson continues to
captivate audiences with his authentic charm, heartfelt melodies, and compelling
storytelling. Whether on stage or on screen, Coffey's journey remains an inspiring
testament to the power of perseverance, passion, and staying true to oneself. As he
continues to evolve as an artist and a cultural influencer, one thing remains certain—his
legacy in country music is stamped and still growing.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Active, variety of social opportunities for neighbors and visitors.
ATTACHMENTS:
1. Resolution - Authorizing City Manager to Execute a Performance Agreement with
Coffey Anderson
2. Performance Agreement with Full Rider - Coffey Anderson 6-28-2025 (final)
CITY OF ANNA, TEXAS
RESOLUTION NO. _______________
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PERFORMANCE AGREEMENT WITH COFFEY
ANDERSON TO PERFORM AT THE JUNE 28, 2025, BOOTS AND BOOMS
INDEPENDENCE DAY CELEBRATION AT SLAYTER CREEK PARK.
WHEREAS, the City of Anna will host the 5th Annual Boots and Booms Independence
Day celebration on Saturday, June 28th at Slayter Creek Park; and,
WHEREAS, the celebration features food trucks, a kid’s zone, fireworks, live music; and
WHEREAS, Coffey Anderson, hailing from Texas, has built an acclaimed country music
career, is a 5-time Grand Ole Opry performer, CMA member, and proud ACM member,
has over a million people between his Instagram and TikTok pages, his Facebook page
is home to 748,000 likes, he has over 500,000 YouTube subscribers and his Netflix
original reality series, “Country Ever After,” has been viewed by an estimated 50 million+
people, has uplifted the nation, paid respect to our troops, and connected with millions of
listeners through his patriotic anthem Mr. Red White and Blue.
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 approve a
performance agreement with Coffey Anderson in the amount of $50,000 for a 90-minute
performance at the Boots and Booms Independence Day celebration on Saturday, June
28th, 2025 at Slayter Creek Park on behalf of the City of Anna, Texas.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 8th day
of April 2025.
ATTEST: APPROVED:
__________________________ __________________________
City Secretary, Carrie Land Mayor, Pete Cain
City of Anna, Texas Performance Agreement Page 1
dddddd CITY OF ANNA
PERFORMANCE AGREEMENT
THIS PERFORMANCE AGREEMENT (this “Agreement”) is made and entered into this 8th day
of April 2025, by and between the City of Anna, Texas (the “City”) and Coffey Anderson.
(Performer).
1.Date(s)/time of Engagement. One (1) 90-minute set to begin at approximately 8:00 p.m. on the 28th
day of June 2025. Artist Billing: Coffey Anderson.
2.Location of Performance. Slayter Creek Park, 425 West Rosamond Parkway, Anna, TX.
3.Performer. Name of performer: Coffey Anderson. Changes in or substitution of the Performer must
be approved by the city before engagement. Description of Performer (e.g., “Five-piece group
consisting of; lead vocal, guitar, bass guitar, drums and two (3) technical/management crew
members.”)
Description: Five-piece country music band.
4.Acknowledgment of Sole Ownership of Intellectual Property by Performer. The City hereby
acknowledges and agrees that Performer is the owner of trademarks and/or service marks including the
show name/names listed in paragraph 4, above, and is also the owner of all right, title, and interest to
all choreography, backing tracks, costumes, stage personas, and cast member aliases. The City hereby
expressly agrees that the City shall not duplicate nor substantially duplicate nor create any confusingly
similar trademarks, service marks, choreography, backing tracks, stage personas, or cast member
aliases to those referenced above. It is expressly agreed that in addition to all other remedies available
to the Performer, the Performer shall be entitled to seek injunctive relief against the City if the City
should violate the terms of this paragraph.
5.Performer’s Requirements. (a) This is an event that will be open to the public; (b) Performer shall
reasonably cooperate with the City and use its commercially reasonable efforts to conform to the
rules and policies established by the City in fulfilling the entertainment program.
6.Parties’ Relationship - Independent Contractor. The Performer executes and will perform this
Agreement as an independent contractor, not as an employee(s) of the City and all services by the
Performer under this Agreement shall be provided as an independent contractor. The City shall
not be responsible for payment of payroll taxes and charges under federal and local law. At no
time shall the City have any control over or charge of the Performer’s services under this
Agreement or related work or undertakings, nor the means, methods, techniques, sequences or
procedures utilized for the performance, or any work or other activity(ies) related to same. This
Agreement does not create a joint enterprise or venture between the City and the Performer. This
City of Anna, Texas Performance Agreement Page 2
section will survive the termination of this Agreement.
7.Price For Performance; Payment. The full not-to-exceed price for the Performance and all
services provided by Performer under this Agreement is $50,000. Unless otherwise specified, the
contract price is to be paid as follows: 50% DEPOSIT OF $25,000 due when contract is signed.
BALANCE OF $25,000 to be paid at the location of the performance on the date of the
performance.
8.Special Provisions: The City shall provide parking, sound, lighting, power, production, and hospitality
as listed in Exhibit A (“Full Band Concert Rider”) at the City’s expense. The performer shall provide
backline, a LED Wall, VIP/Sponsor Meet and Greet on day of show, a promo video for the City to use on
social media, city website, etc., and any other enhancements for the performance. The Performer shall
provide notice to the City in advance of any enhancements it plans to make part of the performance
including any additional lighting, props, pyrotechnics, etc. and the City shall have the right to decline
any such items being made part of the performance.
9.Recording Prohibited: The recording, reproduction, or transmission of any part of this production
is prohibited without prior written consent of Performer, except for the personal/internal use of the
City.
10.Performer shall be paid in full even if performance is cut short or cancelled due to rain or police
activity unless the police activity is due solely to misconduct or negligence on the part of the Performer.
Notwithstanding the foregoing, if the performance is cancelled due to weather, the Parties shall
cooperate to reschedule the performance for a different date within 6 months of the cancellation
under the same provisions herein.
11.Insurance. Performer shall acquire and maintain, during the period of time when Performer is
providing entertainment services on the property of the City: (a) workers compensation insurance in
the amount required by applicable law, if any; and (b) commercial general liability insurance including
personal injury liability, premises operations liability, and contractual liability, covering, but not limited
to, the liability assumed under any indemnification provisions of this Agreement, with limits of liability
for bodily injury, death and property damage of not less than $500,000. Such insurance shall also cover
any and all claims which might arise out of this Agreement, whether by Performer, a contractor,
subcontractor, material man, or otherwise. Coverage must be on a “per occurrence” basis. All such
insurance shall: (i) be issued by a carrier which is rated “A-1” or better by A.M. Best’s Key Rating Guide
and licensed to do business in the State of Texas; and (ii) name the “City of Anna, Texas” as an
additional insured and contain a waiver of subrogation endorsement in favor of the City.
12.Counterparts. This Agreement may be executed in any number of counterparts, each of which shall
be deemed an original and constitute one and the same instrument.
City of Anna, Texas Performance Agreement Page 3
13.The Performer acknowledges and confirms that its duly authorized representatives have read and
approve the terms and conditions set forth in this Agreement. Performer warrants and represents
that it: (i) is free to enter into and perform this Agreement and (ii) it will render all services under
this Agreement in a competent and professional manner.
14.Notice. All notices, demands or other communications required or provided hereunder shall be in
writing and shall be deemed to have been given on the earlier to occur of actual receipt or three (3)
days after the same are given by hand delivery or deposited in the United States mail, certified or
registered, postage prepaid, return receipt requested, addressed to the Parties at the addresses set
forth below or at such other addresses as such Parties may designate by written notice to the other
Parties in accordance with this notice provision.
If to the City: City of Anna
Attn: City Manager
120 W. 7th Street
Anna, TX 75409
If to Performer: __________________________
__________________________
__________________________
__________________________
15.Complete Agreement. This Agreement embodies the entire Agreement between the Parties and
cannot be varied or terminated except as set forth in this Agreement, or by written agreement of all
Parties expressly amending the terms of this Agreement.
16.Applicable Law and Venue. This Agreement shall be performable and all compensation payable in
Collin County, Texas. Venue and exclusive jurisdiction under this Agreement lies exclusively in a
court of competent jurisdiction in Collin County, Texas.
17.Severability. If any clause, paragraph, section or portion of this Agreement shall be found to be
illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement shall remain
in full force and effect and the unlawful provision shall be replaced with a provision as similar in
terms and effect to such unlawful provision as may be valid, legal and enforceable.
18.Representation. Each signatory executing this Agreement has been read by the party for which
this Agreement is executed, and such Party has had an opportunity to confer with its counsel.
19.Consideration. This Agreement is executed by the Parties hereto without coercion or duress and
for substantial consideration, the sufficiency of which is hereby acknowledged.
20.Waiver. Waiver by any Party or any breach of this Agreement, or the failure of any Party to
City of Anna, Texas Performance Agreement Page 4
enforce any of the provisions of this Agreement, at any time shall not in any way affect, limit or
waive such Party's right thereafter to enforce and compel strict compliance of the Agreement.
21.Miscellaneous Drafting Provisions. This Agreement was drafted equally by the Parties hereto. The
language of all parts of this Agreement shall be construed as a whole according to its fair meaning,
and any presumption or principle that the language herein is to be construed against any Party shall
not apply. Headings in this Agreement are for the convenience of the Parties and are not intended
to be used in construing this document.
22.No Other Beneficiaries. This Agreement is for the sole and exclusive benefit of the Parties hereto
and is not intended to and shall not confer any rights or benefits on any third party not a signatory
hereto.
SIGNATURES ON FOLLOWING PAGE(S):
City of Anna, Texas Performance Agreement Page 5
PRODUCER: _________________________
By: ________________________________ Date: ____________________
Printed name: ____________________
Title: ____________________
CITY OF ANNA, TEXAS
By: ________________________________ Date: _________________
Printed name: ______________________
Title: ______________________________
Full Band Concert Rider 2025
The following rider has been prepared by Coffey Anderson and Coffey
Global Management. This rider is attached to and hereby made part of
the contract between Coffey Anderson (ARTIST) and PURCHASER.
We have designed this contract rider to answer any questions that you
may have and to ensure a smooth performance. This will enable us to
perform at our best and every effort shall be made to make your event a
success. If you have any concerns about any of the requirements, please
contact us. We will try to be as flexible as possible to work out any
problems. This rider is part of the legally binding contract and no part of it
may be altered or deleted without the express consent of ARTIST /
MANAGEMENT.
EXHIBIT A
ARTIST:
Coffey Anderson
Coffey Global, LLC.
Coffey@CoffeyAnderson.com
CoffeyAnderson.com
ARTIST MANAGER:
Natalie Greer
Coffey Global, LLC.
Natalie@CoffeyAnderson.com
(214)799-6693
PERSONNEL:
There will be seven (7) personnel for this event. This includes band
members, technical / management crew.
Coffey Anderson - Artist
Damian Diaz – band, Music/Technical Director
Jason Young – band
David Cacy – band
Scarlett Deering – band
Brandon Jones – videographer/social media
Natalie Greer – Artist manager
PARKING:
PURCHASER shall provide parking for ARTIST’S tour bus and trailer
throughout load-in, performance and load-out.
Please communicate with the Technical Director the best spot for load
in before arrival.
MERCHANDISING:
The following is required for ARTIST merchandise
1.Two (2) eight-foot tables and 2 chairs near the stage and/or main
entrance of the venue.
2.No merchandise fees will be paid to the venue without prior
contractual agreement.
3.No other organization/company shall sell COFFEY ANDERSON
merchandise at the event unless previously agreed upon.
VIP MEET & GREETS AND AUTOGRAPH SIGNING:
1.The nature of all meet and greets must be discussed with and
approved in advance by MANAGEMENT.
2.Please do not commit the ARTIST to any event or appearance
without approval from MANAGEMENT.
3.Two (2) personnel to assist ARTIST in running the meet & greet.
PERFORMANCE ADVANCE:
1.You will be contacted by Damian Diaz to advance details pertaining
to this date.
2.Typically, this process starts 4-6 weeks out, but please make every
effort to send important information or updates via email
(Damian@CoffeyAnderson.com)
3.Submitting the following information by email in advance is helpful in
our planning process:
a.Advertised time for doors, and show start
b.Contact info for production and hospitality point people
c.Sound check times, Set lengths, backline info
d.Facility maps indicating load in and stage locations
e.Stage schedule
SOUND CHECK:
Sound check is mandatory; exact time to be mutually arranged between
PURCHASER and ARTIST. If not otherwise agreed upon, PURCHASER
agrees to provide sound check at least 2 hour prior to performance
SOUND REQUIREMENTS:
1.PURCHASER agrees to provide a professional audio system capable
of achieving up to 110 dBA undistorted peaks at the mix position,
and adequate full-range coverage for the entire venue. System must
be configured in Stereo (L/R).
2.Monitor Requirements
i)Six (6), stereo wireless in ear monitoring systems: Sennheiser G4,
Shure Psm1000 (To be advanced with Tech Director)
ii)Wedges should also be made available for center stage lead
vocalist
3.Stage Plot and Input List attached
LIGHTING REQUIREMENTS:
1.Upstage and downstage washes are required for key light and back
light
a.Lights must be focusable to stage positions
b.Sixteen (16) moving light wash fixtures for upstage and
downstage lighting
c.Eight (8) moving head CT wash fixtures for Key Lighting
d.Led Up lighting for the artist at center stage
2.One (1) quality haze machine using odorless fluid
VIDEO:
1.Video elements are a part of our Live show and we require an LED
wall behind the band as a backdrop. This should be in proportion to
the stage and in a 16:9 aspect ratio. In cases where cameras are
used, we ask that the center Screen can be separated from
Program.
2.ARTIST will provide a 1080 p HDMI or SDI video signal in cases
where video screens, walls, etc.
3.ARTIST maintains complete control overall video content, control,
and design.
INPUT LIST / STAGE PLOT:
Please confirm final input list and stage plot with TECHNICAL
DIRECTOR. Input list and stage plot are attached for reference.
POWER REQUIREMENTS:
1.IF ARTIST is providing the LED wall for the concert. Two (2)
dedicated 20-amp circuits are required to power the wall.
2.Each band member position on the stage plot will need a quad box
for power.
Stage Plot / Input List
Backline Requirements
CHANNEL
1 - Kick In
2 - Kick Out
3 - Snare Top
4 - Snare Bottom
5 - Rack Tom
6 - Floor Tom
7 - Overhead (L)
8 - Overhead (R)
9 – Hi Hat
10 - Click
11 - Guide
12 - Bass
13/14 - E. Guitar Stereo
15 - Fiddle
16 - Acoustic (Spare)
17 - Acoustic (Artist)
18 - Lead Vocal
19/20- Tracks L/R
21/22- Drum Pad L/R
23-Talkback
MICROPHONE
Shure Beta 91a or Sennheiser e901
Audix D6
Audix i5or Shure SM57
Shure Ksm 137 or Shure SM57
Audix D2
Audix D4
Shure KSM137 or SM81
Shure KSM137 or SM81
Shure KSM137 or SM81
DI Box (Back up)
DI Box (Back up)
DI Box
Stereo DI Box (Back up)
DI Box (Back up)
DI Box
DI Box
Wireless Shure KSM9
Stereo DI Box (Back up)
Stereo DI Box (Back up)
Shure SM 58 or Equivalent
Notes:
-Total of 6 stereo mixes and 1 wedge monitor mix(Artist). 2 wedges centerstage for the
Artist fed from 1 mono mix. Please Provide a Total of 6 IEM packs (5 for Band and 1 Extra
to mirror Artist mix)
-DI Boxes labeled “Back up” are in case of cable failure or ground noise. Please have
these on hand.
-Please have power drops as shown on stage plot
Hospitality Rider
HOSPITALITY AT VENUE:
Assorted cold beverages including Aquafina bottle water,
Dr.Pepper, Sprite, Gatorade, and Coke Zero
ON STAGE:
Two (2) cases of iced water
Towels
MEALS:
1 Lunch/Dinner Meal for members of the band and staff
**Please note Coffey Anderson has PEANUT and TOMATO allergy. **
This Hospitality Rider and a welcoming, helpful Purchaser and staff are all
an essential part of the Artist and band putting on the best show possible
for your patrons. We would like to thank you for inviting us to perform at
your venue.
For clarification or concerns, please contact:
Business Manager: Natalie Greer | 214-799-6693 |
Natalie@CoffeyAnderson.com
Item No. 5.h.
City Council Agenda
Staff Report
Meeting Date: 4/8/2025
Staff Contact: Dean Habel
AGENDA ITEM:
Approve an Ordinance amending Chapter 11 (Traffic and Vehicles) of the Anna Code of
Ordinances establishing safety requirements for aircraft, helicopters, and helistops.
(Police Chief Dean Habel)
SUMMARY:
Approve an ordinance amending Chapter 11 of the Anna Code of Ordinances
establishing safety requirements for aircraft, helicopters, and helistops. This adds Article
11.05 "Aircraft" to the current ordinance.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
Staff recommends the addition of "aircraft" to Chapter 11 (Traffic and Vehicles) of the
code of ordinances in order to specifically establish safety requirements for the
operation of helicopters within the city limits of Anna, in particular the takeoff and
landing from unapproved locations. This ordinance does not apply to unmanned aircraft
(drones), flights for law enforcement, public safety, or emergency fire or medical
purposes such as emergency patient transport.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Safe.
ATTACHMENTS:
1. Aircraft Ord C03029D20250403CR2 mc
City of Anna Ordinance No. _____________ Page 1
CITY OF ANNA, TEXAS
ORDINANCE NO. ________________
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE
CODE OF ORDINANCES, CITY OF ANNA, TEXAS BY AMENDING
CHAPTER 11 “TRAFFIC AND VEHICLES,” BY ADDING A NEW
ARTICLE 11.05, “AIRCRAFT”; ESTABLISHING SAFETY
REQUIREMENTS FOR AIRCRAFT, HELICOPTERS, HELIPADS, AND
HELISTOPS; PROVIDING FOR CERTAIN EXCEPTIONS APPLICABLE
TO EMERGENCIES AND PUBLIC SAFETY PERSONNEL, PROVIDING
FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS
CLAUSE; PROVIDING FOR A PENALTY CLAUSE; PROVIDING FOR AN
EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the City of Anna, Texas, a home-rule city possessing the full power of local
self-government pursuant to Article 11, Section 5 of the Texas Constitution, Section
51.072 of the Texas Local Government Code, and the City of Anna, Texas Home-Rule
Charter possesses authority to adopt and implement necessary and reasonable
ordinances in the best interest and safety of its citizenry; and
WHEREAS, the City Council determines that it is in the best interest of the citizens of the
City to amend the Code of Ordinances by adopting provisions addressing the safe
operation, landing, and take-off of helicopters within the corporate limits;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Findings Incorporated. The findings set forth above are incorporated into the
body of this ordinance as if fully set forth herein.
Section 2. Amendment to Code. Amendment to Chapter 11 (Traffic and Vehicles) to the
Anna City Code of Ordinances by adopting a new Article 11.05, entitled
“Aircraft” to read as follows:
City of Anna Ordinance No. _____________ Page 2
ARTICLE 11.05 AIRCRAFT
§ 11.05.001 Applicability; Definitions.
(a) This article does not apply to:
(1) drones or unmanned aircraft as defined below; or
(2) flights for law enforcement, public safety, or emergency fire or medical
purposes such as emergency patient transport.
(b) The following words, terms and phrases when used in this article, shall have
the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Aircraft means any person-carrying structure for navigation of the air, designed to
be supported either by the buoyancy of the structure or by the dynamic action of the air
against its surfaces, including but not limited to airplanes, propeller-driven and jets,
helicopters or lighter-than-air craft, such as balloons, dirigibles, and ultralights.
Drones or unmanned aircraft means an aircraft except that it is operated without
the possibility of direct human intervention from within or on the aircraft
Heliport means an area of land or water or a structural surface which is used, or
intended for use, for the landing and takeoff of helicopters, and any appurtenant areas
which are used, or intended for use, for heliport buildings and other heliport facilities.
Helistop means the same as a heliport, except that no refueling, maintenance,
repairs or storage of helicopters is permitted.
§ 11.05.002 Minimum altitude of operation of aircraft other than helicopters.
It shall be unlawful for any person to operate an aircraft, other than a helicopter,
under 1,000 feet in the city limits.
§ 11.05.003 Release of advertising pamphlets, etc.; general prohibition.
It shall be unlawful for any person to release or throw any object, advertising
pamphlet or any solid or liquid material from any flying aircraft in such a manner that
such material will fall within the city except when such actions are necessary in
emergencies as provided in section § 11.05.004.
§ 11.05.004 Exceptions to prohibitions; emergency matters; council approval.
The city council or city manager with the mayor’s consent may grant a special
permit to a party to release solid or liquid materials from a helicopter or other aircraft
and permit the aircraft to be operated at a height level below the minimum
requirements of this article when an emergency situation presents itself which calls for
immediate action to preserve the health, safety, and general welfare and morals of the
general public.
City of Anna Ordinance No. _____________ Page 3
§ 11.05.005 Use of loudspeaker for advertising.
It shall be unlawful to use a loudspeaker or other sound or noisemaking device in
an aircraft of any type, flying over the city for advertising.
§ 11.05.006 Minimum altitude of operation of helicopters; exception.
Except when necessary for takeoffs or landings, no person shall operate a
helicopter below 1,000 feet above ground level. This section shall not apply to flights
for law enforcement, emergency fire and medical purposes and other similar uses or to
flights over well-traveled corridors as long as a sufficient height is maintained that in
the event of a power failure, the pilot has sufficient room to make a safe and
autorotational landing.
§ 11.05.007 Takeoffs and landings—Restriction generally as to helicopters;
exceptions.
(a) It shall be unlawful to takeoff or land any helicopter at other than an approved
heliport or helistop approved by the city council in compliance with the city zoning
ordinance, building code, and regulations of the United States Federal Aviation
Administration except under the conditions and terms set out in § 11.05.008. This
section does not apply to landings or takeoffs for purposes of law enforcement,
emergency fire and medical purposes and other similar uses, including
governmental.
(b) It shall be unlawful to land any aircraft on publicly owned or held property without
permission from the requisite public entity except for governmental purposes.
§ 11.05.008 Same—Authorization for limited purposes; time.
On special and limited occasions and where there is a need, the city manager, or
his authorized representative, may issue a permit to operate, land and takeoff a
helicopter at a location that is not an approved heliport or helistop provided that the
applicant complies with the following terms and conditions:
(1) Sign application giving the following information:
a. Location.
b. Furnish plot plan showing the following:
1. General area.
2. Specific place where the helicopter is proposed to be utilized.
3. Show and indicate all safety measures to be used.
c. Type of helicopter.
d. Date and time.
e. Purpose of request.
f. Name of pilot.
City of Anna Ordinance No. _____________ Page 4
(2) Certify that the pilot is a licensed pilot operating under a license issued by the
Federal Aviation Administration of the United States.
(3) Certify that the helicopter has been rated or licensed by the Federal Aviation
Administration of the United States.
(4) Furnish a certificate, affidavit or letter from the United States Federal Aviation
Administration stating that the proposed site and plan meet all of the
requirements of the administration.
(5) Furnish a certificate of insurance in the amount of
$1,000,000.00/$3,000,000.00 to cover all risks anticipated in the proposed
operations, specifically covering the city as an entity and the general public.
(6) The applicant for the permit shall sign a hold harmless agreement
indemnifying and releasing the city from any damages, injuries or causes of
action that could arise from the operation of the helicopter that would
constitute a taking or damaging under the state or federal constitution, a
nuisance, either public or private, a trespass or as a result of an act of
negligence or from any other cause of action.
§ 11.05.009 Rating aircraft.
No helicopter which has not been rated or licensed by the Federal Aviation
Administration of the United States or its successors shall be flown from, taken-off
from, or landed at or upon any heliport or helistop in the city.
§ 11.05.010 Conformity with federal air regulations.
No person shall navigate any helicopter over, land upon or fly such helicopter
from, or service, maintain or repair any helicopter or conduct any helicopter operations
on or from a heliport or helistop within the city limits, otherwise than in conformity with
the requirements of the federal air regulations as established by the Federal Aviation
Administration, or its successors.
§ 11.05.011 Condition of aircraft; operation by unskilled or intoxicated persons.
No person shall knowingly operate any aircraft above the city or give any
exhibition of flying while such aircraft is in a defective condition which is likely to cause
any accident or injury to person or property, nor shall any person operate an aircraft
over the city at any time unless such person is fully capable of handling and controlling
the aircraft so operated, nor shall any person operate any aircraft while under the
influence of any drug or intoxicant of any nature so as to incapacitate such person from
safely operating any such aircraft.
§ 11.05.012 Location of ground vehicles on heliport premises.
Ground vehicles, other than those regularly employed in the service of helicopters
at a heliport, shall stay within the limits of parking spaces and drives and shall not enter
the landing area.
§ 11.05.013 Compliance with other regulations; additional requirements.
City of Anna Ordinance No. _____________ Page 5
(a) No heliport or helistop shall be constructed, operated or maintained unless such
heliport or helistop has been approved by the city council pursuant to the zoning
ordinance and building code, and conducted, operated and maintained in
accordance with all requirements of the Federal Aviation Administration, or its
successors.
(b) All persons desiring to operate and maintain a heliport or helistop within the city
limits must furnish certificates, affidavits or letters from regulatory federal
agencies, namely the Federal Aviation Administration and its successors, that the
proposed airport, heliport or helistop meets all of the requirements of these
agencies.
(c) All heliports or helistops must be properly marked with United States Federal
Aviation Administration's heliport day marker.
(d) Suitable ground cover must be provided over any dirt or exposed area outside of
the landing pad of a heliport or helistop in order to reduce dust.
(e) All elevated heliports or helistops shall provide clearly visible signs showing the
maximum helicopter gross weight for which it is designed.
(f) The operator or owner of any heliport or helistop shall furnish the city with
certificates of insurance that fully protect the general public and the city from any
damages that might be caused or arise from the operation and maintenance of the
heliport or helistop.
(g) The owner or operator of any heliport or helistop shall sign a hold harmless
agreement indemnifying and releasing the city from any damages, injuries or
causes of action that could arise from the operation of any heliport or helistop that
would constitute a taking or damaging under the state or federal constitution, a
nuisance, either public or private, a trespass or as the result of an act of
negligence or from any other cause of action.
(h) It shall be unlawful for the owner or operator of any heliport or helistop to operate
such areas in a manner that would create a public or private nuisance due to the
noise, odor, soot, dirt, engineer road, dust, gas fumes or vibration as the result of
the construction, operation and maintenance of a heliport or helistop.
§ 11.05.014 Penalty.
(a) Any person who shall violate any of the provisions of this article shall be deemed
guilty of a misdemeanor and, upon conviction thereof, shall be fined as provided in
forth in the Anna City Code of Ordinances, § 1.01.009. Any person who shall aid,
abet or assist in the violation of any of the provisions of this article shall be
deemed guilty of a misdemeanor.
(b) In a prosecution for violation of this article, it shall not be necessary for the
complaint to allege, or for proof to be made, that the act was knowingly done; nor
shall it be necessary for the complaint to negate any exception contained in this
article concerning any prohibited act.
City of Anna Ordinance No. _____________ Page 6
Section 3. Severability. Should any section, subsection, sentence, clause or phrase of
this ordinance be declared unconstitutional or invalid by a court of competent
jurisdiction, it is expressly provided that any and all remaining portions of this
ordinance shall remain in full force and effect. The City Council hereby
declares that it would have passed this ordinance, and each section,
subsection, clause or phrase thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses and phrases be declared
unconstitutional or invalid.
Section 4. Savings/Repealing Clause. All provisions of any ordinance in conflict with this
ordinance are hereby repealed to the extent they are in conflict; but such
repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the repeal prevent a prosecution from being commenced
for any violation if occurring prior to the repeal of the ordinance. Any remaining
portions of said ordinances shall remain in full force and effect.
Section 5. Penalty. Any person, firm or corporation violating any of the provisions of this
ordinance shall be subject to the penalty provisions set forth in the Anna City
Code of Ordinances, Section 1.01.009, and each and every day such violation
shall continue shall be deemed to constitute a separate offense.
Section 6. Caption Publication. The caption of this ordinance shall be published one time
in a newspaper having general circulation in the City of Anna following the
City Council’s adoption hereof as provided by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
ON THE ____ DAY OF APRIL 2025.
CITY OF ANNA, TEXAS
Pete Cain, Mayor
ATTESTED:
Carrie Land, City Secretary
Item No. 6.a.
City Council Agenda
Staff Report
Meeting Date: 4/8/2025
Staff Contact: Stephanie Scott-Sims
AGENDA ITEM:
Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to amend Article
9.04 (Zoning Ordinance regarding Cannabidiol (CBD) shops and smoking-related shops
land uses. (Director of Development Services Stephanie Scott-Sims)
SUMMARY:
The Planning & Zoning Commission recommended approval (6-1) with an amendment
to include 1,000-foot separation buffers from churches and schools.
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
Amendments to Article 9.04 of the Anna City Code of Ordinances regarding Cannabidiol
(CBD) shops and smoking-related shops land uses.
Upon request by the City Council in furtherance of promoting the public health, safety,
and welfare of the citizens of Anna, City Staff has initiated an amendment to the Zoning
Ordinance regulations pertaining to Cannabidiol (CBD) shops and other smoking-
related shops.
Overview of Proposed Text Amendments
1. Revised Section 9.04.081 Land Use Terms (definitions):
• Expanded and clarified definition of Cannabidiol (CBD) Shop.
• Added new definition for "Cigar Lounge"
• Added new definition for "Cigar Shop"
• Added new definition for "Smoke Shop"
2. Amended Table 19: Land Use Table, to include new terms (above), Use-Specific
Requirements, and Parking Standards:
• Deleted "Hookah Lounge" land use (which is now integrated within the new term,
"Smoke Shop").
• Changed the name "CBD Store" to "CBD Shop".
• Added new "Cigar Lounge" land use. Cigar Lounge land uses are permitted by
right in the Commercial-1 (C-1) and Commercial-2 (C-2) Zoning Districts and as
a Specific Use in the Mixed-Use (MU) and Downtown-Core (DT-CE) Zoning
Districts. Additionally, Use-Specific Standards were added for this land use (see
below). A Parking Standard of 4/1,000 sf was added.
• Added new "Cigar and Smoke Shops" land uses. These land uses are permitted
as a Specific Use in the Commercial-1 (C-1) and Commercial-2 (C-2) Zoning
Districts. Use-Specific Standards have been added (see below). A Parking
Standard of 2.5/1,000 sf was added.
Exhibit A provides a visual representation of the proposed changes to Table 19.
3. Use-Specific Standard:
To prevent the proliferation of CBD and smoking-related shops in proximity to one
another, Use-Specific Standards were added to Table 19. According to the proposed
Use Standards:
• CBD shops, cigar shops, cigar lounges, and smoke shops may not be located
within one thousand (1,000) feet of any existing CBD shop, cigar shop, cigar
lounge, or smoke shop.
To provide an understanding of what a 1,000-foot buffer looks like, Staff prepared
Exhibit B, which shows a 1,000-foot buffer around the existing smoking-related shops.
At its March 18, 2025, meeting, the Planning & Zoning Commission recommended the
addition of a 1,000-foot buffer around schools and churches. The recommended 1,000-
foot buffer around churches and schools has also been added to Exhibit B.
Per the advice of the City Attorney, Staff has included two alternative ordinances in this
packet for the City Council's consideration. Exhibit C is the Ordinance that Staff
recommended for approval to the Planning & Zoning Commission, without a 1,000-foot
buffer around schools and churches. Exhibit D is a revised Ordinance per the request of
the Planning & Zoning Commission, that includes a 1,000-foot buffer around schools
and churches.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Unique.
ATTACHMENTS:
1. EXHIBIT A_Revised Table 19
2. Exhibit B (Map with Buffers) - 9.04 Smoke Shop Text Amendment
3. Exhibit C - Original 9.04 Smoke Shop Ordinance
4. Exhibit D - 9.04 Smoke Shop Ordinance with 03182025 P&Z rec
EXHIBIT A
PROPOSED CHANGES TO LAND USE TABLE 19
Cannabidiol
(CBD) store
shop
S S §9.04.032
(?)
2.5/
1,000
sf
Cigar lounge S S S S § 9.04.032
(p)
4.0/
1,000
sf
Cigar and
Smoke shops
S S § 9.04.032
(p)
2.5/
1,000
sf
Hookah
Lounge
S S 3/
1,000
Additions in Blue
Deletions in strikethrough
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671ft
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690 ft
County Roa d 2 84
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H a m p to n S tS t in n e tS t728 ft
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StanleyFallsDrWestparkDrH e l m o k e n Falls Dr
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699 ft
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T a y l o r B l v d MesquiteLnPersimmonDrQuailCreekRunSCentralExpySCentralExpyOliveLnM u l b e r r y D r
BlackMapleDrBlackWillowTrlE l m S t
PacificAveLeslieLnB u r l Ln
C h e s t n u t S t
Ca r o l L n
WFosterC ro s s i n g R d
752 ft StateHighw
ay5NNPowel
l
PkwyC o llin S tR y a n S t
C u rtS tEla
mDrAxtonAveCountyRoad1106
H a rv ey Dr DumasDrBowenStGreymooreDrKyl
eSt
P a r k S t CountyRoad377S p o r tsm a n L n
ParkerDrH ear n L n
S c ar l et V wThousandOaksDrAshleyLn
B o nnie Ct
A a r o n S tG ar r e tt S tCedarviewLnBentCreekDrCountyRoad373
L a m o n tR d
B u tl er S t
Magnolia St
M i ll S t
749 ft
752 ft
Slayter
Cr
eekThrockmortonCreek NPowel
l
PkwyC oun ty R oad 3 7 1
Basi
l
AveW Rosam ond P k wy R os a m on d P k wy
W
Crossi
n
g
Bl
vdFal
l
CtH ar b or Oaks D rCountyRoad369MeadowLa r k L n
SkyviewDrM e a d o w V ie w L n
E m m a Dr
LiamDrNRigginsStMeadowDrC h ar les ton Dr
St
ef
ani
StBelle
Fo r e s t G l e n D r
Holc o m be D r
Cyrus
S
t
JeanineDrR o b in s o n D r TristonStCou nty Road 376
O r i o le Dr
W F e r n S t
B
erry
C
t
Ber r y Ct
E m e r s o n D r
AutumnTrlC o u n t y R o a d 3 7 0 E
722 ft
SlayterCreekSlayterCreekNPowellPkwySPowellPkwyWCrossingBlvdW H a c k b e r r y L nSalisburyDr
LaurenbrookeDrCopperSwitchDrA c a c i a Dr
SRigginsStHackb er r y Dr
Fulb
o
u
r
n
e
Dr
SInterurbanStL y n dhu r s t D r
E d i n bu r g Dr
W 4th S t
SFergusonPkwyBuffaloBillDrPembertonDrChatswor th Dr
W 3r d S t
LiveOakDrNRigginsStWestfieldDrEastbrookDrG l e n d a le D r
DogwoodDrW 2 n d S tKelvingtonDrSheldonDr
HazelsWayNJamesStSlaterCreekRdAme
n
d
u
n
i
LnTar
t
aneDrNFer
gus
onPkwyLidoLnPo
r
ti
naDrW W h i t e S t SSherleyAveA n n a
720 ft
S la y t e r C r e e k
SPowellPkwyZelkovaBlvdThayneDrRedwoodStAbigailLnCountyRoad423Road R u n n e r R d
B r o o k D rSFergusonPkwyW arn e r D r
P e n n S t
Peach Tree Ln
C h e r r y B l o s som St
CountyRoad 1036
SilverLeafLnT a t e L n
B e a r C reekD rRedFoxRdSandalwoodLnJuniper StAshStBridgeportDr
E F i n l e y B l v d
CainDrW F o s t er C r o s s i n g R d E Fo s t er C r o s s i n g Rd
748 ft
C o un t y R o a d 11 0 6
CountyRoad376Count
yRoad830WindhamDrCountyRoad426Grass h opp er Ln
712 ft
WhiteRockI n d i a n Cr k
C o u n t y R o a d 4 2 7
CountyRoad425Cou nty Roa d 3 76
OakCirLazyLnP u rd ueRdP a r k A v e
WolfRunE lm Gr v
Housto n S t
E 7 t h S t
SSmithDrE 2 nd S t
E 3r d S t
E 6t h S t
E F M 4 5 5NSherleyAve
E W h i t e S t
An na City Park
S her l ey Par k
724 ft
681 ft
CarolineStL e o n a r d A v e
LeonardAveHillrichSh a r p S t
E l i z a b e t h S t
M a v e r i c k S t
B r o o k l y n D rClarkSt
Tiana S tErrolStSunbeam Cv
R e n d y n S t
C o w b o y W ay
Penny S t
DeyaDrIndianola TrlNuehoffDrStarsDrJosiahDr IsaacDrD a v i d D r
SeanStE l i j a h D r
N a th a n L n
A n n a T o w n
S q u a r e
E Fo s t e r C r o s s i n g R d
7 Sins Vapor
Smoke Rings
Tobacco &
Vape ShopStrio Smoke
& Vape Cloud 9 Hookah
& Vape Shop
ETJ
City Limits
Parcels
Churches Buffer
Schools Buffer
Smoke Shops Buffer
Churches
Schools
Smoke Shops
Legend
0 ½1¼
Mile
Smoke Shop, School, and
Church Locations with
1000-Foot Buffers
Source: City of Anna GIS
Date: 4/1/2025
µ
City of Anna, Texas Ordinance No. ___________1
CITY OF ANNA, TEXAS
ORDINANCE NO. ________________
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY’S ZONING
ORDINANCE REGARDING DEFINITIONS OF USES INVOLVING CANNABIDIOL (CBD)
SHOPS, SMOKE AND CIGAR SHOPS, CIGAR LOUNGES AND OTHER SIMILAR
ESTABLISHMENTS; 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 zoning in the City, including the regulations set forth in the Anna City Code
of Ordinances Article 9.04; and
WHEREAS, the notices by publication and otherwise as applicable and required under state law
have been given for public hearings before the City of Anna Planning and Zoning Commission
and the City of Anna City Council (“City Council”) and said public hearings have been held as
required by law affording 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; and
WHEREAS, the City Council has received a final report and recommendation from the City of
Anna Planning and Zoning Commission and has concluded that certain parts of the text of the
Zoning Ordinance of the City should be amended as set forth below in furtherance of promoting
public health, safety, and welfare;
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. Text Amendment
(a) The Anna City Code of Ordinances (the “Anna Code”) is hereby amended by amending
the text of Article 9.04 of the Anna Code as shown below in this Section 2.
(b) Section 9.04.081(4)(F) of the Anna Code is hereby amended as follows:
City of Anna, Texas Ordinance No. ___________2
(F) Cannabidiol (CBD) shop and smoking-related shops and uses include the
following:
(i) CBD store. A retail store where consumers can purchase Cannabidiol
(CBD) oil. Cannabidiol (CBD) shop. An establishment for which more
than fifty percent (50%) of sales are derived from the retail sale of
products related to or derived from CBD (cannabidiol) oil or hemp. This
includes, but is not limited to, oils, vitamins, supplements, food, personal
care, and garments.
(ii) Cigar lounge. An establishment that may sell food or beverages for on-
site consumption, allows smoking by customers, and is cigar-themed and
focused, as evidenced by the following: (1) clearly states in its name and
marketing that it is a "cigar bar" or "cigar lounge," (2) derives at least
thirty-three (33) percent of its gross revenue from the on-site sale of
cigars and cigar products, (3) maintains an on-site walk-in humidor for
the intent of resale of cigar products; (4) posts outdoor signage notifying
the public that entry will result in exposure to secondhand tobacco
smoke, and (5) provides an independent ventilation system and must be
separated from any adjoining nonsmoking areas by an impermeable wall
and ceiling. For the purposes of this subsection and subsection (iii),
below, “cigar(s)” means a roll of tobacco which is wrapped in leaf
tobacco, or wrapped in a substance that contains tobacco, and which
does not include any separate filter as part of its design. For the
purposes of this subsection and subsection (iii), below, “cigar product(s)”
means products directly associated with cigars, and excludes all types of
cigarettes (tobacco or otherwise), cigarillos, electronic smoking devices,
vapes or vaping liquids, pipes, hookahs (or other shared pipes), or any
smoking products which do not contain tobacco (e.g., those containing
cloves, hemp, or other tobacco analog/substitute). The term "cigar
products" also includes cigar-related accessory items such as cigar
cutters and humidor boxes commonly associated with the smoking of
cigars, but excludes any item designed or marketed for the purpose of
repackaging the contents of any smoking product, including a tobacco
cigar, into another form or device for ignition, aerosolization, other means
of use (e.g., glass pipes which could be used to smoke tobacco removed
from a cigar). Items such as apparel, memorabilia or artwork do not
constitute cigar products.
(iii) Cigar shop. An establishment for which more than ninety percent (90%)
of sales are derived from the retail sale of cigar products in which cigars
are sold, stored, and/or consumed, except that the term “cigar shop”
does not include a cigar lounge.
(iv) Smoke Shop. An establishment that sells tobacco, cigarettes, electronic
cigarettes, vaping products, hookah products, nicotine-enriched products,
and/or associated paraphernalia, products and devices primarily for the
purpose of smoking or vaping in various forms. These establishments
City of Anna, Texas Ordinance No. ___________3
sometimes provide an on-site contained area with a separate ventilation
system for the purpose of smoking within the associated structure.
Smoke shops do not include: (1) establishments engaged in the sale of
tobacco products and/or smoking equipment as an incidental part of a
variety of retail sales such as gas stations, convenience stores, or drug
stores; (2) cigar shops; or (3) cigar lounges.
(c) Section 9.04.081(4)(R) of the Anna Code is hereby amended as follows:
Intentionally deleted (reserved). Hookah lounge. An establishment that sells
products and devices primarily for the purpose of smoking or vaping in various
forms. These establishments sometime provide a contained area with a separate
ventilation system for the purpose of smoking within the associated structure.
(d) Table 19 of § 9.04.028 of the Anna Code is hereby amended to change all instances of
“CBD Store” to “Cannabidiol (CBD) Shop” and to delete the entire row of text that begins
with the words “Hookah Lounge”.
(e) Table 19 of § 9.04.028 of the Anna Code is hereby further amended to add the following
text within new rows to be inserted within the “Commercial” part of said table in
alphabetical order as shown below (the amendment set forth in this subsection does not
delete or alter any of the existing rows, columns, text or other content of said Table 19):
Cannabidiol (CBD)
shop
S S §9.04.032
(p)
2.5/1,000 sf
Cigar Lounge S S S S §9.04.032
(p)
4.0/1,000 sf
Cigar and Smoke
Shops
S S §9.04.032
(p)
2.5/1,000 sf
City of Anna, Texas Ordinance No. ___________4
(f) Section 9.04.032 of the Anna Code is hereby amended by adding a new subsection (p)
as follows:
(p) Cannabidiol (CBD) shop, cigar lounge, cigar shop and smoke shops:
(1) A cannabidiol (CBD) shop, cigar lounge, cigar shop or smoke shop use shall not be
located within one thousand (1,000) feet of any existing cannabidiol (CBD) shop,
cigar lounge, cigar shop or smoke shop.
(2) For the purposes of this subsection (p) the term “existing” as relates to a cannabidiol
(CBD) shop, cigar lounge, cigar shop or a smoke shop means either that:
(A) a special use permit has been approved for the cannabidiol (CBD) shop, cigar
lounge, cigar lounge or smoke shop as applicable; or
(B) a cannabidiol (CBD) shop, cigar lounge, cigar shop or smoke shop is lawfully in
operation without a special use permit.
Section 3. 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 4. Penalty
Any violation of any of the terms of this ordinance, whether denominated in this ordinance as
unlawful or not, shall be deemed a Class C 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 5. Publication of the Caption and Effective Date
City of Anna, Texas Ordinance No. ___________5
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 ____ day of _______________ 2025.
ATTESTED: APPROVED:
________________________________ _________________________
Carrie L. Land, City Secretary Pete Cain, Mayor=
City of Anna, Texas Ordinance No. ___________1
CITY OF ANNA, TEXAS
ORDINANCE NO. ________________
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY’S ZONING
ORDINANCE REGARDING DEFINITIONS OF USES INVOLVING CANNABIDIOL (CBD)
SHOPS, SMOKE AND CIGAR SHOPS, CIGAR LOUNGES AND OTHER SIMILAR
ESTABLISHMENTS; 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 zoning in the City, including the regulations set forth in the Anna City Code
of Ordinances Article 9.04; and
WHEREAS, the notices by publication and otherwise as applicable and required under state law
have been given for public hearings before the City of Anna Planning and Zoning Commission
and the City of Anna City Council (“City Council”) and said public hearings have been held as
required by law affording 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; and
WHEREAS, the City Council has received a final report and recommendation from the City of
Anna Planning and Zoning Commission and has concluded that certain parts of the text of the
Zoning Ordinance of the City should be amended as set forth below in furtherance of promoting
public health, safety, and welfare;
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. Text Amendment
(a) The Anna City Code of Ordinances (the “Anna Code”) is hereby amended by amending
the text of Article 9.04 of the Anna Code as shown below in this Section 2.
(b) Section 9.04.081(4)(F) of the Anna Code is hereby amended as follows:
City of Anna, Texas Ordinance No. ___________2
(F) Cannabidiol (CBD) shop and smoking-related shops and uses include the
following:
(i) CBD store. A retail store where consumers can purchase Cannabidiol
(CBD) oil. Cannabidiol (CBD) shop. An establishment for which more
than fifty percent (50%) of sales are derived from the retail sale of
products related to or derived from CBD (cannabidiol) oil or hemp. This
includes, but is not limited to, oils, vitamins, supplements, food, personal
care, and garments.
(ii) Cigar lounge. An establishment that may sell food or beverages for on-
site consumption, allows smoking by customers, and is cigar-themed and
focused, as evidenced by the following: (1) clearly states in its name and
marketing that it is a "cigar bar" or "cigar lounge," (2) derives at least
thirty-three (33) percent of its gross revenue from the on-site sale of
cigars and cigar products, (3) maintains an on-site walk-in humidor for
the intent of resale of cigar products; (4) posts outdoor signage notifying
the public that entry will result in exposure to secondhand tobacco
smoke, and (5) provides an independent ventilation system and must be
separated from any adjoining nonsmoking areas by an impermeable wall
and ceiling. For the purposes of this subsection and subsection (iii),
below, “cigar(s)” means a roll of tobacco which is wrapped in leaf
tobacco, or wrapped in a substance that contains tobacco, and which
does not include any separate filter as part of its design. For the
purposes of this subsection and subsection (iii), below, “cigar product(s)”
means products directly associated with cigars, and excludes all types of
cigarettes (tobacco or otherwise), cigarillos, electronic smoking devices,
vapes or vaping liquids, pipes, hookahs (or other shared pipes), or any
smoking products which do not contain tobacco (e.g., those containing
cloves, hemp, or other tobacco analog/substitute). The term "cigar
products" also includes cigar-related accessory items such as cigar
cutters and humidor boxes commonly associated with the smoking of
cigars, but excludes any item designed or marketed for the purpose of
repackaging the contents of any smoking product, including a tobacco
cigar, into another form or device for ignition, aerosolization, other means
of use (e.g., glass pipes which could be used to smoke tobacco removed
from a cigar). Items such as apparel, memorabilia or artwork do not
constitute cigar products.
(iii) Cigar shop. An establishment for which more than ninety percent (90%)
of sales are derived from the retail sale of cigar products in which cigars
are sold, stored, and/or consumed, except that the term “cigar shop”
does not include a cigar lounge.
(iv) Smoke Shop. An establishment that sells tobacco, cigarettes, electronic
cigarettes, vaping products, hookah products, nicotine-enriched products,
and/or associated paraphernalia, products and devices primarily for the
purpose of smoking or vaping in various forms. These establishments
City of Anna, Texas Ordinance No. ___________3
sometimes provide an on-site contained area with a separate ventilation
system for the purpose of smoking within the associated structure.
Smoke shops do not include: (1) establishments engaged in the sale of
tobacco products and/or smoking equipment as an incidental part of a
variety of retail sales such as gas stations, convenience stores, or drug
stores; (2) cigar shops; or (3) cigar lounges.
(c) Section 9.04.081(4)(R) of the Anna Code is hereby amended as follows:
Intentionally deleted (reserved). Hookah lounge. An establishment that sells
products and devices primarily for the purpose of smoking or vaping in various
forms. These establishments sometime provide a contained area with a separate
ventilation system for the purpose of smoking within the associated structure.
(d) Table 19 of § 9.04.028 of the Anna Code is hereby amended to change all instances of
“CBD Store” to “Cannabidiol (CBD) Shop” and to delete the entire row of text that begins
with the words “Hookah Lounge”.
(e) Table 19 of § 9.04.028 of the Anna Code is hereby further amended to add the following
text within new rows to be inserted within the “Commercial” part of said table in
alphabetical order as shown below (the amendment set forth in this subsection does not
delete or alter any of the existing rows, columns, text or other content of said Table 19):
Cannabidiol (CBD)
shop
S S §9.04.032
(p)
2.5/1,000 sf
Cigar Lounge S S S S §9.04.032
(p)
4.0/1,000 sf
Cigar and Smoke
Shops
S S §9.04.032
(p)
2.5/1,000 sf
City of Anna, Texas Ordinance No. ___________4
(f) Section 9.04.032 of the Anna Code is hereby amended by adding a new subsection (p)
as follows:
(p) Cannabidiol (CBD) shop, cigar lounge, cigar shop and smoke shops:
(1) A cannabidiol (CBD) shop, cigar lounge, cigar shop or smoke shop use shall not be
located within one thousand (1,000) feet of any existing cannabidiol (CBD) shop,
cigar lounge, cigar shop or smoke shop.
(2) A cannabidiol (CBD) shop, cigar lounge, cigar shop or smoke shop use shall not be
located within one thousand (1,000) feet of any religious land use or school.
(2)(3)For the purposes of this subsection (p) the term “existing” as relates to a cannabidiol
(CBD) shop, cigar lounge, cigar shop or a smoke shop means either that:
(A) a special use permit has been approved for the cannabidiol (CBD) shop, cigar
lounge, cigar lounge or smoke shop as applicable; or
(B) a cannabidiol (CBD) shop, cigar lounge, cigar shop or smoke shop is lawfully in
operation without a special use permit.
Section 3. 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 4. Penalty
Any violation of any of the terms of this ordinance, whether denominated in this ordinance as
unlawful or not, shall be deemed a Class C 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.
City of Anna, Texas Ordinance No. ___________5
Section 5. 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 ____ day of _______________ 2025.
ATTESTED: APPROVED:
________________________________ _________________________
Carrie L. Land, City Secretary Pete Cain, Mayor=
Item No. 6.b.
City Council Agenda
Staff Report
Meeting Date: 4/8/2025
Staff Contact: Ryan Henderson
AGENDA ITEM:
Consider/Discuss/Action on a Resolution for the Purchase of 5.38 Acres from Tejas
Land Holdings for $1,425,000. (City Manager Ryan Henderson)
SUMMARY:
The purchase contract before the City Council is for 5.38 acres of land located adjacent
to the Public Works facility at the northern portion of the city limits for $1,450,000.
FINANCIAL IMPACT:
Funding for the acquisition of land for general facilities was appropriated in the FY2025
Community Investment Program budget in the amount of $10 million from the
Combination Tax and Revenue Certificates of Obligation, Series 2024. The estimated
cost of this land purchase is $1,425,000.
BACKGROUND:
At the August 13, 2024, City Council Meeting, the City Council adopted a resolution
authorizing the issuance and sale of up to $25,000,000 combination tax and revenue
certificates of obligation. Ten million of that total was marked for the acquisition of land
for a future police station and public works service center. The City has negotiated with
Tejas Land Holdings for the purchase of 5.38 acres west of the current Public Works
facility. The land will be used for a public works service center and expansion of fleet
services. As the city continues to grow, it is vital for the expansion of our critical
services. The land being purchased will allow the City to expand its public works
services and meet the needs of neighbors.
The purchase price of the land is $1,425,000.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Resilient.
ATTACHMENTS:
1. Tejas Land - Anna PSA
Real Estate Sales Contract Page 1 of 11
Real Estate Sales Contract
This Real Estate Sales Contract (this “Contract”) to buy and sell real property is between Seller and Buyer
as identified below and is effective on the date (“Effective Date”) being the date that the Title Company acknowledges
receipt of a this Contract fully executed by Seller and Buyer. Buyer must deliver the Earnest Money to Title Company
before the Earnest Money Deadline provided in section A.1. for this Contract to become effective.
Seller: Tejas Land Holdings, LLC
Address: 3204 Birkshire Ln
Richardson, Texas 75082-4978
Phone: _________________
Type of entity: a Texas Limited Liability Company
Buyer: City of Anna, Texas
Address: 120 W. 7th Street
Anna, TX 75409-0776
c/o Ryan Henderson
Phone: (469) 631-5131
Type of entity: Texas Home-Rule Municipality
Property: Tract 1 containing ± 2.30 acres of land and Tract 2 containing ± 3.10 acres of land
in the City of Anna, Collin County Texas, described in more detail on Exhibit “A”
attached hereto and incorporated here as if set forth in full (the “Property”) and all
improvements thereon.
Title Company: Capital Title of Texas, LLC
Attn: Tim McWilliams
Address: 2713 Virginia Pkwy, Suite 100, McKinney, Texas 75071
Phone: (972) 542-1251
Email: tim@mcwilliams.law
Underwriter: Title Company’s choice.
Purchase Price $1,425,000.00
Additional Consideration. None.
Earnest Money: $100,000.00
County for Performance: Collin County, Texas
A. Deadlines and Other Dates
If a deadline falls on a Saturday, Sunday, or national holiday, the deadline will be extended to the next day
that is not a Saturday, Sunday, or national holiday. A national holiday is a holiday designated by the federal
government. Time is of the essence.
1. Earnest Money Deadline: within three (3) days of the Effective Date.
2. Delivery of Title Commitment: twenty (20) days after the Effective Date.
Real Estate Sales Contract Page 2 of 11
3. Delivery of legible copies of instruments referenced in the Title Commitment: twenty (20) days after
the Effective Date.
4. Delivery of Title Objections: ten (10) days after the delivery of the Title Commitment, legible copies
of the instruments referenced in the Title Commitment, and the Survey.
5. Closing Date: a mutually agreeable date that is on or before: (1) the thirtieth (30th) day after the end
of the Feasibility Review Period if said period is not extended under A.8; or (2 ) the sixtieth (60th) day after the end
of the Feasibility Review Period if said period is extended under A.8. The Closing Date shall not be extended unless
extended under a mutually agreeable duly executed amendment to this Contract.
6. Delivery of Survey: twenty (20) days after the Effective Date.
7. Due Diligence Materials: within five (5) days of the Effective Date, Seller will deliver true, complete
and correct copies of any and all of the following types of documents that relate to all or any portion of the Property
and that are in Seller's possession or are obtainable by Seller through reasonable effort:
a. pending or proposed governmental matters including, without limitation, TxDot, county or
municipal notifications including without limitations any offers to purchase the Property or
any actions related in any manner to eminent domain having any effect on the Property and
any lis pendens, judgments, or abstracts of judgments concerning the Property;
b. existing Surveys;
c. existing final plats and/or preliminary plats as applicable; and
d. copies of all existing studies, plans, analyses, estimates, ordinances, resolutions, appraisals,
contracts, leases and other materials pertinent to the Property.
8. Feasibility Review Period: sixty (60) days after the Effective Date; provided, however, that Buyer
may extend this period for an additional thirty (30) days by depositing an additional $50,000.00 with the Title
Company and said amount shall be nonrefundable to Buyer but shall be applied to the Purchase Price at Closing.
B. Closing Documents
1. At closing, Seller will deliver the following items to the Title Company:
Special Warranty Deed, subject only to the Permitted Exceptions, in form attached hereto
as Exhibit C (the “Deed")
IRS Nonforeign Person Affidavit
Evidence of Seller’s authority to close this transaction
2. At closing, Buyer will deliver the following items to the Title Company:
Evidence of Buyer’s authority to consummate this transaction
The documents listed in this section B are collectively known as the “Closing Documents.”
C. Exhibits
Real Estate Sales Contract Page 3 of 11
The following exhibits are attached to and are a part of this Contract:
Exhibit A—Description of the Property
Exhibit B—Representations; Environmental Matters
Exhibit C—Deed
D. Purchase and Sale of Property
Seller agrees to sell and convey the Property to Buyer, and Buyer agrees to buy and pay Seller for the Property
in accordance with the terms of this Contract. The promises by Buyer and Seller stated in this Contract are the
consideration for the formation of this Contract.
E. Earnest Money
Buyer may direct Title Company to invest the Earnest Money in an interest-bearing account in a federally
insured financial institution by giving notice to Title Company and satisfying Title Company’s requirements for
investing the Earnest Money in an interest-bearing account. Any interest earned on the Earnest Money will be paid
to the party that becomes entitled to the Earnest Money. If Buyer fails to deposit the Earnest Money, in accordance
with A.1, with the Title Company, then Seller may, at Seller's option, terminate this Contract by delivering a written
termination notice to Buyer at any time until Buyer deposits the Earnest Money with the Title Company. The Earnest
Money shall be fully refundable to Buyer through the end of the Feasibility Period as may be extended under section
A.8.
F. Title, Feasibility Review Period, and Survey
1. Title Advice. The following statutory notice is provided to Buyer on behalf of the real estate licensees,
if any, involved in this transaction: Buyer is advised that it should either have the abstract covering the Property
examined by an attorney of Buyer’s own selection or be furnished with or obtain a policy of title insurance.
2. Title Commitment; Title Policy. “Title Commitment” means a Commitment for Issuance of an Owner
Policy of Title Insurance by Title Company, as agent for Underwriter, stating the condition of title to the Property.
The “effective date” stated in the Title Commitment must be after the Effective Date of this Contract. “Title Policy”
means an Owner Policy of Title Insurance issued by Title Company, as agent for Underwriter, in conformity with the
last Title Commitment delivered to and approved by Buyer.
3. Feasibility Review Period. Buyer shall have sixty (60) days (the “Feasibility Review Period”) after
the Effective Date in which to conduct environmental testing, geotechnical borings and other studies of the Property
and, in connection therewith, Buyer and its agents and contractors shall have the right of entry onto the Property for
such purposes and Buyer agrees to indemnify Seller for Buyer's on-site related Property activities and all costs
associated with such entry and tests made on the Property; this indemnity shall survive closing or termination of this
Contract. If Buyer determines, in Buyer’s sole and absolute discretion, that the Property is not suitable for Buyer’s
intended use or purpose, Buyer shall have the right upon written notice to Seller within the Feasibility Review Period,
as may be extended under section A.8., to terminate this Contract in which event the Earnest Money shall be fully
and completely refunded to Buyer.
4. Intentionally deleted.
5. Delivery of Title Commitment and Legible Copies. Seller must deliver the Title Commitment to
Buyer by the deadline stated in section A.2. and legible copies of the instruments referenced in the Title Commitment
Real Estate Sales Contract Page 4 of 11
by the deadline stated in section A.3.
6. Title Objections. Buyer has until the deadline stated in section A.4. (“Title Objection Deadline”) to
review the Title Commitment, legible copies of the title instruments referenced in it, and the Survey and notify Seller
of Buyer’s objections to any of them (“Title Objections”). Buyer will be deemed to have approved all matters reflected
by the Title Commitment to which Buyer has made no Title Objection by the Title Objection Deadline. The matters
that Buyer either approves or is deemed to have approved are “Permitted Exceptions.” If Buyer notifies Seller of any
Title Objections, Seller has ten (10) days from receipt of Buyer’s notice to notify Buyer whether Seller agrees to cure
the Title Objections before closing (“Cure Notice”). If Seller does not timely give its Cure Notice or timely gives its
Cure Notice but does not agree to cure all the Title Objections before closing, Buyer may, within ten (10) days after
the deadline for the giving of Seller’s Cure Notice, notify Seller that either this Contract is terminated (in which event
the Earnest Money shall be refunded to Buyer) or Buyer will proceed to close, subject to Seller’s obligations to
resolve the items listed in Schedule C of the Title Commitment, remove all liens affecting the Property, terminate all
leases affecting the Property, remove all exceptions that arise by, through, or under Seller after the Effective Date,
and cure only the Title Objections that Seller has agreed to cure in the Cure Notice. At or before closing, Seller must
resolve the items that are listed on Schedule C of the Title Commitment which are Seller’s responsibility to resolve,
remove all such liens, terminate all such leases, remove all exceptions that arise by, through, or under Seller after the
Effective Date of this Contract, and cure the Title Objections that Seller has agreed to cure.
7. Survey. Buyer, at Buyer's expense, will obtain a new survey of the Property and deliver a copy thereof
to Seller by the deadline specified in A6 above. The survey shall be a current on-the-ground survey of the Property
that substantially complies with the requirements of a Category 1A, Condition I or II (as applicable) survey in the
Manual of Practice for Land Surveying in the State of Texas promulgated by the Texas Board of Professional Land
Surveying and shall be adequate to enable the Title Company to delete the survey exception in the Title Policy (except
for “shortages in area”). Once the Survey has been completed, the legal description of the Property shown therein
shall be substituted for the legal description in Exhibit A and shall serve as the legal description of the Property in
the Deed.
G. Condition of the Property until Closing; Cooperation; No Recording of Contract; Lease
1. Maintenance and Operation. Until closing, Seller will (a) maintain the Property as it existed on the
Effective Date, except for reasonable wear and tear and casualty damage; (b) operate the Property in the same manner
as it was operated on the Effective Date; and (c) not further encumber the Property with liens, easements, restrictions
or any other matter affecting title to the Property, or modify the terms of any existing leases, contracts or
encumbrances, if any, without Buyer’s prior written consent, except that Seller shall terminate any leases without
Buyer’s consent.
2. Casualty Damage. Seller will notify Buyer promptly after discovery of any casualty damage to the
Property. Seller will have no obligation to repair or replace the Property if it is damaged by casualty before closing.
Buyer may terminate this Contract if the casualty damage that occurs before closing would materially affect Buyer’s
intended use of the Property, by giving notice to Seller within fifteen days after receipt of Seller’s notice of the
casualty, in which event the Earnest Money shall be refunded to Buyer. If Buyer does not terminate this Contract,
Seller will (a) convey the Property to Buyer in its damaged condition, (b) assign to Buyer all of Seller’s rights under
any property insurance policies covering the Property, (c) pay to Buyer the amount of the deductibles and coinsurance
provisions under any insurance policies covering the Property, but not in excess of the cost to repair the casualty
damage and less any amounts previously paid by Seller to repair the Property; and (d) assign any claims that Seller
may have had against any third party with respect to compensation for any such casualty damage. If Seller has not
insured the Property and Buyer does not elect to terminate this Contract in accordance with this section, the Purchase
Price will be reduced by the cost to repair the casualty damage.
3. Condemnation. Seller will notify Buyer promptly after Seller receives notice that any part of the
Real Estate Sales Contract Page 5 of 11
Property has been or is threatened to be condemned or otherwise taken by a governmental or quasi-governmental
authority. Buyer may terminate this Contract if the condemnation would materially affect Buyer’s intended use of
the Property by giving notice to Seller within fifteen days after receipt of Seller’s notice to Buyer (or before closing
if Seller’s notice is received less than fifteen days before closing), in which event the Earnest Money shall be refunded
to the Buyer. If Buyer does not terminate this Contract, (a) Buyer and Seller will each have the right to appear and
defend their respective interests in the Property in the condemnation proceedings, (b) any award in condemnation
will be assigned to Buyer, and (c) if the taking occurs before closing, the description of the Property will be revised
to delete the portion taken.
4. Claims; Hearings. Seller will notify Buyer promptly of any litigation or any claim or administrative
hearing that is threatened, filed, or initiated before closing that affects the Property.
5. Lease. Seller shall fully terminate any lease(s) of all or any portion of the Property and any and all tenants
shall be required to vacate the Property prior to closing.
H. Closing
1. Closing. This transaction will close at Title Company’s offices on the Closing Date. At closing, the
following will occur:
a. Closing Documents. The parties will execute and deliver the Closing Documents.
b. Payment of Purchase Price. Buyer will deliver the Purchase Price and other amounts or
documents that Buyer is obligated to pay or execute under this Contract to or by Title
Company in funds or documents acceptable to Title Company and Seller. The Earnest
Money will be applied to the Purchase Price.
c. Disbursement of Funds; Recording; Copies. Title Company will be instructed to disburse
the Purchase Price and other funds in accordance with this Contract, record the deed and any
other Closing Documents necessary to be recorded, and distribute copies of the Closing
Documents to each party.
d. Possession. Unless otherwise agreed, Seller will deliver possession of the Property to Buyer,
subject to the Permitted Exceptions existing at closing.
2. Transaction Costs
a. Seller’s Costs. Seller will pay for the costs to obtain, deliver, and record releases of all liens
to be released at closing; the costs to record all documents to cure Title Objections agreed to
be cured by Seller, and certificates or reports of ad valorem taxes; the costs to deliver copies
of the instruments described in section A.4.; and Seller’s expenses and attorney’s fees.
b. Buyer’s Costs. Buyer will pay the cost for the basic charge for the Title Policy; the cost to
prepare the deed; the cost for the new survey; the escrow fee charged by Title Company; the
costs to obtain, deliver, and record all documents other than those to be recorded at Seller’s
expense; the additional premium for the “survey/area and boundary deletion” in the Title
Policy, if the deletion is requested by Buyer; the costs of work required by Buyer to have the
survey reflect matters other than those required under this Contract; and Buyer’s expenses
and attorney’s fees.
c. Ad Valorem Taxes. As permitted under IRC 501c3 regulations for Buyer, ad valorem taxes
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for the Property for the calendar year of closing will be prorated between Buyer and Seller
as of the Closing Date. Seller’s portion of the prorated taxes will be paid to Buyer at closing
as an adjustment to the Purchase Price. If the assessment for the calendar year of closing is
not known at the Closing Date, the proration will be based on taxes for the previous tax year,
and Buyer and Seller will adjust the prorations in cash within thirty days of when the actual
assessment and taxes are known. Seller will promptly notify Buyer of all notices of proposed
or final tax valuations and assessments that Seller receives after the Effective Date and after
closing. All taxes due as of closing will be paid at closing. The parties’ obligations under
this paragraph shall survive the Closing.
d. Brokers’ Commissions and Disclosure. Buyer and Seller each represents and warrants to the
other that they have had no contact with any real estate broker, finder or other person who
might be entitled, or claim to be entitled, to a brokerage commission, finder’s fee or other
compensation in connection with this transaction other than CBRE, Inc., (“Buyer's Broker”).
In the event of Closing hereof, Seller shall pay a commission to the Buyer’s Broker equal to
the sum of three percent (3%) of the Purchase Price (the "Fees"). Buyer and Seller each
hereby indemnify and agree to defend and hold the other party harmless from and against
any and all claims, demands, liabilities, causes of action, costs or expenses (including
reasonable attorneys’ fees) caused by or arising out of any breach of its foregoing warranty.
The provisions of this paragraph shall survive the Closing or termination of this Contract
and shall not be subject to any limitation of liability otherwise set forth in this Contract.
3. Issuance of Title Policy. Seller will cause Title Company to issue the Title Policy to Buyer as soon
as practicable after closing.
I. Default and Remedies
1. Seller’s Default. If Seller fails to perform any of its obligations under this Contract (“Seller’s
Default”), Buyer’s sole and exclusive remedy is to either (i) enforce specific performance of Seller’s obligations
under this Contract, or (ii) terminate this Contract by written notice to Seller in which event the Earnest Money shall
be delivered to Buyer. If title to the Property is awarded to Buyer, the conveyance will be subject to the Permitted
Exceptions.
2. Buyer’s Default. If Buyer fails to perform any of its obligations under this Contract (“Buyer’s
Default”), Seller, as its sole and exclusive remedy, shall have the right to terminate this Contract by giving notice to
Buyer on or before the Closing Date and have the Earnest Money paid to Seller as liquidated damages (and not as a
penalty). Seller waives any remedy for damages.
3. Liquidated Damages. The parties agree that just compensation for the harm that would be caused by
a default by either party cannot be accurately estimated or would be very difficult to accurately estimate and that the
Earnest Money and the amounts provided above are reasonable forecasts of just compensation to the nondefaulting
party for the harm that would be caused by a default.
J. Miscellaneous Provisions
1. Notices. Any notice required by or permitted under this Contract must be in writing and will be
deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service,
postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown
in this Contract. Any address for notice may be changed by written notice delivered as provided herein. Copies of
each notice shall be addressed as follows:
Real Estate Sales Contract Page 7 of 11
If to Buyer:
City of Anna, Texas
Attn: City Manager
120 W. 7th Street
Anna, Texas 75409
With a copy to:
Clark McCoy
Wolfe, Tidwell & McCoy, LLP
2591 Dallas Parkway, Suite 300
Frisco, Texas 75034
If to Seller:
Tejas Land Holdings, LLC
Attn: Ruben Molinar
3204 Birkshire Ln
Richardson, Texas 75082-4978
2. Entire Contract. This Contract, together with its exhibits, and any Closing Documents delivered at
closing constitute the entire agreement of the parties concerning the sale of the Property by Seller to Buyer. There are
no oral representations, warranties, agreements, or promises pertaining to the sale of the Property by Seller to Buyer
not incorporated in writing in this Contract.
3. Amendment. This Contract may be amended only by an instrument in writing signed by the parties.
4. Assignment. This Contract will inure to the benefit of and be binding on the parties and their
respective successors and assigns. This Contract is fully assignable by Buyer provided: (a) such assignment must be
in writing and signed by Buyer and its assignee, (b) Buyer must send a copy of any assignment to Seller at least seven
(7) days prior to closing, and (c) such assignment shall not release Buyer from its obligations and liabilities under
this Contract. Upon compliance with the foregoing, the assignee(s) shall be entitled to enforce this Contract as against
Seller, including but not limited to, the remedy of specific performance.
5. Survival. The obligations of this Contract that cannot be performed before termination of this
Contract or before closing will survive termination of this Contract or closing, and the legal doctrine of merger will
not apply to these matters. If there is any conflict between the Closing Documents and this Contract, the Closing
Documents will control.
6. Choice of Law; Venue; Alternative Dispute Resolution. This Contract will be construed under the
laws of the state of Texas, without regard to choice-of-law rules of any jurisdiction. Venue is in Collin County, Texas.
Time permitting, the parties will submit in good faith to an alternative dispute resolution process before filing a suit
concerning this Contract.
7. Waiver of Default. It is not a waiver of default if the nondefaulting party fails to declare immediately
a default or delays taking any action with respect to the default.
8. No Third-Party Beneficiaries. There are no third-party beneficiaries of this Contract.
9. Severability. The provisions of this Contract are severable. If a court of competent jurisdiction finds
Real Estate Sales Contract Page 8 of 11
that any provision of this Contract is unenforceable, the remaining provisions will remain in effect without the
unenforceable parts.
10. Ambiguities Not to Be Construed against Party Who Drafted Contract. The rule of construction that
ambiguities in a document will be construed against the party who drafted it will not be applied in interpreting this
Contract.
11. No Special Relationship. The parties’ relationship is an ordinary commercial relationship, and they
do not intend to create the relationship of principal and agent, partnership, joint venture, or any other special
relationship.
12. Counterparts. If this Contract is executed in multiple counterparts, all counterparts taken together
will constitute this Contract.
13. Confidentiality. The parties will keep confidential this Contract, this transaction, and all information
learned in the course of this transaction, except to the extent disclosure is required by law or court order or to enable
third parties to advise or assist Buyer to investigate the Property or either party to close this transaction.
14. Additional Matters.
i. ) Seller agrees to cooperate with Buyer if, during the Feasibility Review Period, Buyer or the City
of Anna requires the Property to be preliminarily platted; provided, all costs of such plat shall be
borne by Buyer.
ii. ) To the best of Seller's current knowledge, but WITHOUT WARRANTY, water, sanitary sewer
and electric power line are available at the Property (excluding storm sewer).
iii. ) Buyer will secure at its own expense any necessary use permits, platting and signage
requirements and Seller agrees to cooperate as necessary to accomplish such.
15. Termination. If this Contract is terminated for any reason, the parties will have no further rights or
obligations under this Contract, except that: (1) Buyer shall pay the costs to repair any damage to the Property caused
by Buyer or Buyer's agents; (2) Buyer shall return to Seller any reports or documents delivered to Buyer by Seller;
and (3) each party shall perform any other obligations that, by the explicit provisions of this Contract, expressly
survive the termination of this Contract. The obligations of this Section 15 will survive the termination of this
Contract.
16. Attorneys' Fees. The prevailing party in any proceeding brought to enforce this Contract, or brought
relating to the transaction contemplated by this Contract, will be entitled to recover, from the non-prevailing party,
court costs, reasonable attorneys' fees and all other reasonable related expenses.
17. Exchange. Seller and Buyer shall cooperate with each other in connection with any tax deferred
exchange that either party may be initiating or completing in connection with Section 1031 or 1033 of the Internal
Revenue Code, so long as neither party will be required to pay any expenses related to the other party's exchange and
the closing is not delayed. Notwithstanding any other provision that may prohibit the assignment of this Contract,
either party may assign this Contract to a qualified intermediary or exchange accommodation title holder, if the
assignment is required in connection with the exchange. The parties agree to cooperate with each other, and sign any
reasonable documentation that may be required, to effectuate any such exchange.
18. Contract as Offer. The execution of this Contract by the first party to do so constitutes an offer to
purchase or sell the Property. If the other party does not accept that offer by signing this Contract and delivering a
fully executed copy to the first party within ten (10) days after the date this Contract is executed by the first party,
Real Estate Sales Contract Page 9 of 11
then the first party may withdraw that offer by delivering a written notice to the other party at any time before the
other party accepts that offer, in which case the Earnest Money, if any, will be returned to Buyer.
SELLER:
Tejas Land Holdings, LLC
By: ___________________________________________
Ruben Molinar, Jr., its Manager
Date: __________________
Real Estate Sales Contract Page 10 of 11
BUYER:
City of Anna, Texas
By: ___________________________________________
Printed Name: Pete Cain
Title: Mayor
Real Estate Sales Contract Page 11 of 11
Title Company Receipt
Title Company acknowledges receipt of Earnest Money in the amount of $100,000.00 and a copy of this
Contract executed by both Buyer and Seller.
CAPITAL TITLE OF TEXAS, LLC
By:
Tim McWilliams,
its Escrow Officer
Date:
EXHIBIT A
EXHIBIT A
Description of the Property
TRACT 1:
TRACT 2:
__________ __________
EXHIBIT B - Page 1 Initials Initials
EXHIBIT B
Representations; Environmental Matters
A. Seller’s Representations to Buyer
Seller represents to Buyer (to Seller’s actual knowledge, without duty of investigation) that the
following are true and correct as of the Effective Date and will be true and correct on the Closing Date.
1. Authority. Seller is a Texas limited liability company duly organized, validly existing, and
in good standing under the laws of the state of Texas with authority to convey the Property to Buyer. This
Contract is, and all documents required by this Contract to be executed and delivered to Buyer at closing
will be, duly authorized, executed, and delivered by Seller.
2. Litigation. There is no litigation pending or threatened against Seller that might affect the
Property or Seller’s ability to perform its obligations under this Contract except:
NONE
3. Violation of Laws. Seller has not received notice of violation of any law, ordinance,
regulation, or requirements affecting the Property or Seller’s use of the Property, except:
NONE
4. Lease. Seller promises to fully terminate any lease(s) and any and all tenants shall be required to
vacate the Property prior to closing.
5. Condemnation; Zoning; Land Use; Hazardous Materials. Seller has not received notice of
any condemnation, zoning, or land-use proceedings affecting the Property or any inquiries or notices by
any governmental authority or third party with respect to the presence of hazardous materials on the
Property or the migration of hazardous materials from the Property, except: NONE
6. No Other Obligation to Sell the Property or Restriction against Selling the Property.
Except for having granting a security interest in the Property (which security interest shall be released at
Closing) and the terms and conditions as stated therein, Seller has not obligated itself to sell the Property
to any party other than Buyer and Seller’s performance of this Contract will not cause a breach of any other
agreement or obligation to which Seller is a party or to which it is bound.
7. No Liens. On the Closing Date, the Property will be free and clear of all mechanic’s and
materialman’s liens and other liens and encumbrances of any nature except (a) the Permitted Exceptions
and (b) liens that will be paid from the proceeds of closing; no work or materials will have been furnished
to the Property that might give rise to mechanic’s, materialman’s, or other liens against the Property other
than work or materials to which Buyer has given its consent.
8. No Commitments. No commitments have been made by Seller to any governmental
authority, utility company, school board or church, or to any other religious body, or any other organization,
group or individual relating to any of the Property, which would impose an obligation upon Buyer or its
successors or assigns to make any contribution or dedication of money or land to construct, install or
__________ __________
EXHIBIT B - Page 2 Initials Initials
maintain any improvements of a public or private nature on or off any of the Property.
9. No Other Representation. Except as stated above, Seller makes no representation with
respect to the Property.
10. No Warranty. Seller has made no warranty in connection with this Contract.
Seller’s representations set forth in this Contract shall survive Closing for a period of twelve (12) months.
B. “As Is, Where Is”
THIS CONTRACT IS AN ARMS-LENGTH AGREEMENT BETWEEN THE PARTIES.
THE PURCHASE PRICE WAS BARGAINED ON THE BASIS OF AN “AS IS, WHERE IS”
TRANSACTION AND REFLECTS THE AGREEMENT OF THE PARTIES THAT THERE ARE
NO REPRESENTATIONS, DISCLOSURES, OR EXPRESS OR IMPLIED WARRANTIES,
EXCEPT FOR THE WARRANTY OF TITLE STATED IN THE CLOSING DOCUMENTS AND
SELLER’S REPRESENTATIONS TO BUYER SET FORTH IN SECTION A OF THIS EXHIBIT
B.
THE PROPERTY WILL BE CONVEYED TO BUYER IN AN “AS IS, WHERE IS”
CONDITION, WITH ALL FAULTS. SELLER MAKES NO WARRANTY OF CONDITION,
MERCHANTABILITY, OR SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE
WITH RESPECT TO THE PROPERTY. ALL WARRANTIES, EXCEPT THE WARRANTY OF
TITLE IN THE CLOSING DOCUMENTS, ARE DISCLAIMED.
BUYER HEREBY EXPRESSLY ACKNOWLEDGES THAT IT HAS OR WILL HAVE,
PRIOR TO THE END OF THE FEASIBILITY REVIEW PERIOD, THOROUGHLY INSPECTED
AND EXAMINED THE PROPERTY TO THE EXTENT DEEMED NECESSARY BY BUYER IN
ORDER TO ENABLE THE BUYER TO EVALUATE THE PURCHASE OF THE PROPERTY.
BUYER REPRESENTS THAT IT IS A KNOWLEDGEABLE BUYER OF LAND SUCH AS THE
PROPERTY AND THAT IT IS RELYING SOLELY ON ITS OWN EXPERTISE, AND THAT OF
BUYER'S CONSULTANTS, AND THAT BUYER WILL CONDUCT SUCH INSPECTIONS AND
INVESTIGATIONS OF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, THE
PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF, AND SHALL RELY UPON
SAME, AND, UPON CLOSING, SHALL ASSUME THE RISK OF ANY ADVERSE MATTERS,
INCLUDING, BUT NOT LIMITED TO, ADVERSE PHYSICAL AND ENVIRONMENTAL
CONDITIONS THAT MAY NOT HAVE BEEN REVEALED BY BUYER'S INSPECTIONS AND
INVESTIGATIONS. BUYER FURTHER ACKNOWLEDGES AND AGREES THAT BUYER IS
ACQUIRING THE PROPERTY ON AN "AS IS, WHERE IS" AND "WITH ALL FAULTS"
BASIS, WITHOUT REPRESENTATION, WARRANTIES OR COVENANTS, EXPRESS OR
IMPLIED, OF ANY KIND OR NATURE, EXCEPT FOR THE WARRANTY OF TITLE
EXPRESSLY PROVIDED IN THE DEED OR AS EXPRESSLY PROVIDED IN THIS
CONTRACT. BUYER HEREBY WAIVES AND RELINQUISHES ALL RIGHTS AND
PRIVILEGES ARISING OUT OF, OR WITH RESPECT OR IN RELATION TO, ANY
REPRESENTATIONS, WARRANTIES OR COVENANTS, WHETHER EXPRESS OR IMPLIED,
WHICH MAY HAVE BEEN MADE OR GIVEN, OR WHICH MAY HAVE BEEN DEEMED TO
HAVE BEEN MADE OR GIVEN BY SELLER, EXCEPT WITH RESPECT TO THE WARRANTY
OF TITLE EXPRESSLY PROVIDED IN THE CLOSING DOCUMENTS OR IN THIS
__________ __________
EXHIBIT B - Page 3 Initials Initials
CONTRACT. BUYER HEREBY ASSUMES ALL RISK AND LIABILITY (AND AGREES THAT
SELLER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT,
CONSEQUENTIAL OR OTHER DAMAGES) RESULTING OR ARISING FROM OR
RELATING TO THE OWNERSHIP, USE, CONDITION, LOCATION, MAINTENANCE,
REPAIR, OR OPERATION OF THE PROPERTY.
IT IS FURTHER UNDERSTOOD AND AGREED THAT SELLER IS NOT MAKING AND
SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND
OR CHARACTER, EXPRESS OR IMPLIED, AS TO (a) MATTERS OF TITLE, EXCEPT AS
EXPRESSLY PROVIDED IN THE CLOSING DOCUMENTS, (b) ZONING, (c) TAX
CONSEQUENCES, (d) PHYSICAL OR ENVIRONMENTAL CONDITIONS, (e) AVAILABILITY
OF ACCESS, INGRESS OR EGRESS, (f) OPERATING HISTORY OR PROJECTIONS, (g)
VALUATION, (h) GOVERNMENTAL APPRAISALS, (i) GOVERNMENTAL REGULATIONS
OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE PROPERTY,
INCLUDING, WITHOUT LIMITATION: (i) THE VALUE, CONDITION, MERCHANTABILITY,
MARKETABILITY, PROFITABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR
USE OR PURPOSE OF THE PROPERTY AND (ii) THE MANNER, QUALITY, STATE OF
REPAIR OR LACK OF REPAIR OF THE PROPERTY. BUYER FURTHER ACKNOWLEDGES
THAT SELLER HAS NOT WARRANTED, AND DOES NOT HEREBY WARRANT, THAT THE
PROPERTY NOW OR IN THE FUTURE WILL MEET OR COMPLY WITH THE
REQUIREMENTS OF ANY SAFETY CODE, ENVIRONMENTAL LAW OR REGULATION OF
THE STATE OF TEXAS, THE CITY OF ANNA, THE COUNTY OF COLLIN OR ANY OTHER
AUTHORITY OR JURISDICTION.
The provisions of this section B regarding the Property will be included in the deed and bill of sale
with appropriate modification of terms as the context requires.
C. Environmental Matters
AFTER CLOSING, AS BETWEEN BUYER AND SELLER, THE RISK OF LIABILITY OR
EXPENSE FOR ENVIRONMENTAL PROBLEMS, EVEN IF ARISING FROM EVENTS BEFORE
CLOSING, WILL BE THE SOLE RESPONSIBILITY OF BUYER, REGARDLESS OF WHETHER THE
ENVIRONMENTAL PROBLEMS WERE KNOWN OR UNKNOWN AT CLOSING. ONCE CLOSING
HAS OCCURRED, SUBJECT TO THE LAST SENTENCE OF THIS PARAGRAPH C., BUYER
INDEMNIFIES, HOLDS HARMLESS, AND RELEASES SELLER FROM LIABILITY FOR ANY
LATENT DEFECTS AND FROM ANY LIABILITY FOR ENVIRONMENTAL PROBLEMS
AFFECTING THE PROPERTY, INCLUDING LIABILITY UNDER THE COMPREHENSIVE
ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA), THE
RESOURCE CONSERVATION AND RECOVERY ACT (RCRA), THE TEXAS SOLID WASTE
DISPOSAL ACT, OR THE TEXAS WATER CODE. SUBJECT TO THE LAST SENTENCE OF THIS
PARAGRAPH C., BUYER INDEMNIFIES, HOLDS HARMLESS, AND RELEASES SELLER FROM
ANY LIABILITY FOR ENVIRONMENTAL PROBLEMS AFFECTING THE PROPERTY. SUBJECT
TO THE LAST SENTENCE OF THIS PARAGRAPH C., BUYER INDEMNIFIES, HOLDS
HARMLESS, AND RELEASES SELLER FROM ANY LIABILITY FOR ENVIRONMENTAL
PROBLEMS AFFECTING THE PROPERTY ARISING AS THE RESULT OF THEORIES OF
PRODUCTS LIABILITY AND STRICT LIABILITY, OR UNDER NEW LAWS OR CHANGES TO
EXISTING LAWS ENACTED AFTER THE EFFECTIVE DATE THAT WOULD OTHERWISE
IMPOSE ON SELLER IN THIS TYPE OF TRANSACTION NEW LIABILITIES FOR
__________ __________
EXHIBIT B - Page 4 Initials Initials
ENVIRONMENTAL PROBLEMS AFFECTING THE PROPERTY. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, BUYER’S INDEMNIFICATION AND
HOLD HARMLESS OBLIGATIONS UNDER THIS PARAGRAPH C. SHALL NOT APPLY TO ANY
CLAIMS OR LIABILITIES ARISING OUT OF ANY EVENTS THAT OCCURRED, OR ANY
CONDITIONS THAT WERE CREATED, DURING THE PERIOD OF SELLER’S OWNERSHIP OF
THE PROPERTY; AND PROVIDED FURTHER THAT BUYER AND EACH TRANSFEROR OF THE
PROPERTY (OR ANY PORTION THEREOF) SHALL UPON THE CONSUMMATION OF SUCH
TRANSFER BE RELIEVED OF ALL FURTHER LIABILITY FOR SUCH OBLIGATIONS EXCEPT
SUCH LIABILITY AS MAY HAVE ARISEN DURING THE PERIOD OF SUCH TRANSFEROR’S
OWNERSHIP OF THE PROPERTY (OR THE PORTION THEREOF SO CONVEYED) AND WHICH
REMAINS UNSATISFIED.
The provisions of the above paragraph C regarding the Property will be included in the deed and
bill of sale with appropriate modification of terms as the context requires.
[The remainder of this page is left blank intentionally.]
EXHIBIT C
Special Warranty Deed
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER.
Date: _____________, 2025
Grantor: Tejas Land Holdings, LLC, a Texas limited liability company
Grantor’s Mailing Address: 3204 Birkshire Ln, Richardson, Texas 75082-4978
Grantee: City of Anna, Texas – a Texas home-rule municipality
Grantee’s Mailing Address: 120 W. 7th Street 75409-0776
Consideration: $10.00 and other good and valuable consideration in hand received and adequacy
of which is acknowledged
Property (including any improvements): The real property described on Exhibit A, attached
hereto and incorporated herein by reference
Reservations from Conveyance: None
Exceptions to Conveyance and Warranty: The restrictions, easements, covenants, and other
matters described on Exhibit B, attached hereto and incorporated herein.
Grantor, for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property,
together with all and singular the rights and appurtenances thereto in any way belonging, to have
and to hold it to Grantee and Grantee’s heirs, successors, and assigns forever. Grantor binds
Grantor and Grantor’s heirs and successors to warrant and forever defend all and singular the
Property to Grantee and Grantee’s heirs, successors, and assigns against every person
whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under
Grantor, but not otherwise, except as to the Reservations from Conveyance and the Exceptions to
Conveyance and Warranty.
THIS SALE EVIDENCED BY THIS DEED IS AN ARMS-LENGTH AGREEMENT
BETWEEN THE PARTIES. THE PURCHASE PRICE WAS BARGAINED ON THE BASIS OF
AN “AS IS, WHERE IS” TRANSACTION AND REFLECTS THE AGREEMENT OF THE
PARTIES THAT THERE ARE NO REPRESENTATIONS, DISCLOSURES, OR EXPRESS OR
IMPLIED WARRANTIES, EXCEPT FOR THE WARRANTY OF TITLE STATED IN THE
CLOSING DOCUMENTS AND GRANTOR’S REPRESENTATIONS TO GRANTEE SET FORTH
IN THE CONTRACT BETWEEN THE PARTIES.
THE PROPERTY IS CONVEYED TO GRANTEE IN AN “AS IS, WHERE IS”
CONDITION, WITH ALL FAULTS. GRANTOR MAKES NO WARRANTY OF CONDITION,
MERCHANTABILITY, OR SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE
WITH RESPECT TO THE PROPERTY. ALL WARRANTIES, EXCEPT THE WARRANTY OF
TITLE IN THE CLOSING DOCUMENTS, ARE DISCLAIMED.
GRANTEE HEREBY EXPRESSLY ACKNOWLEDGES THAT IT HAS PRIOR TO THE
END OF THE FEASIBILITY REVIEW PERIOD, THOROUGHLY INSPECTED AND
EXAMINED THE PROPERTY TO THE EXTENT DEEMED NECESSARY BY THE GRANTEE
IN ORDER TO ENABLE THE GRANTEE TO EVALUATE THE PURCHASE OF THE
PROPERTY. GRANTEE REPRESENTS THAT IT IS A KNOWLEDGEABLE GRANTEE OF
LAND SUCH AS THE PROPERTY AND THAT IT IS RELYING SOLELY ON ITS OWN
EXPERTISE, AND THAT OF GRANTEE'S CONSULTANTS, AND THAT GRANTEE WILL
CONDUCT SUCH INSPECTIONS AND INVESTIGATIONS OF THE PROPERTY, INCLUDING,
BUT NOT LIMITED TO, THE PHYSICAL AND ENVIRONMENTAL CONDITIONS THEREOF,
AND SHALL RELY UPON SAME, AND, UPON CLOSING, SHALL ASSUME THE RISK OF ANY
ADVERSE MATTERS, INCLUDING, BUT NOT LIMITED TO, ADVERSE PHYSICAL AND
ENVIRONMENTAL CONDITIONS THAT MAY NOT HAVE BEEN REVEALED BY
GRANTEE'S INSPECTIONS AND INVESTIGATIONS. GRANTEE FURTHER
ACKNOWLEDGES AND AGREES THAT GRANTEE IS ACQUIRING THE PROPERTY ON AN
"AS IS, WHERE IS" AND "WITH ALL FAULTS" BASIS, WITHOUT REPRESENTATION,
WARRANTIES OR COVENANTS, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE,
EXCEPT FOR THE WARRANTY OF TITLE EXPRESSLY PROVIDED IN THIS DEED.
GRANTEE HEREBY WAIVES AND RELINQUISHES ALL RIGHTS AND PRIVILEGES
ARISING OUT OF, OR WITH RESPECT OR IN RELATION TO, ANY REPRESENTATIONS,
WARRANTIES OR COVENANTS, WHETHER EXPRESS OR IMPLIED, WHICH MAY HAVE
BEEN MADE OR GIVEN, OR WHICH MAY HAVE BEEN DEEMED TO HAVE BEEN MADE
OR GIVEN BY GRANTOR, EXCEPT WITH RESPECT TO THE WARRANTY OF TITLE
EXPRESSLY PROVIDED IN THE CLOSING DOCUMENTS OR IN THE CONTRACT
BETWEEN THE PARTIES. GRANTEE HEREBY ASSUMES ALL RISK AND LIABILITY (AND
AGREES THAT GRANTOR SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT,
INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES) RESULTING OR ARISING FROM OR
RELATING TO THE OWNERSHIP, USE, CONDITION, LOCATION, MAINTENANCE,
REPAIR, OR OPERATION OF THE PROPERTY.
IT IS FURTHER UNDERSTOOD AND AGREED THAT GRANTOR IS NOT MAKING AND
SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND
OR CHARACTER, EXPRESS OR IMPLIED, AS TO (a) MATTERS OF TITLE, EXCEPT AS
EXPRESSLY PROVIDED IN THE CLOSING DOCUMENTS, (b) ZONING, (c) TAX
CONSEQUENCES, (d) PHYSICAL OR ENVIRONMENTAL CONDITIONS, (e) AVAILABILITY
OF ACCESS, INGRESS OR EGRESS, (f) OPERATING HISTORY OR PROJECTIONS, (g)
VALUATION, (h) GOVERNMENTAL APPRAISALS, (i) GOVERNMENTAL REGULATIONS
OR ANY OTHER MATTER OR THING RELATING TO OR AFFECTING THE PROPERTY,
INCLUDING, WITHOUT LIMITATION: (i) THE VALUE, CONDITION, MERCHANTABILITY,
MARKETABILITY, PROFITABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR
USE OR PURPOSE OF THE PROPERTY AND (ii) THE MANNER, QUALITY, STATE OF
REPAIR OR LACK OF REPAIR OF THE PROPERTY. GRANTEE FURTHER
ACKNOWLEDGES THAT GRANTOR HAS NOT WARRANTED, AND DOES NOT HEREBY
WARRANT, THAT THE PROPERTY NOW OR IN THE FUTURE WILL MEET OR COMPLY
WITH THE REQUIREMENTS OF ANY SAFETY CODE, ENVIRONMENTAL LAW OR
REGULATION OF THE STATE OF TEXAS, THE CITY OF ANNA, THE COUNTY OF COLLIN
OR ANY OTHER AUTHORITY OR JURISDICTION.
THE RISK OF LIABILITY OR EXPENSE FOR ENVIRONMENTAL PROBLEMS,
EVEN IF ARISING FROM EVENTS BEFORE THE DATE HEREOF, WILL BE THE SOLE
RESPONSIBILITY OF GRANTEE, REGARDLESS OF WHETHER THE ENVIRONMENTAL
PROBLEMS WERE KNOWN OR UNKNOWN AS OF THE DATE HEREOF. GRANTEE
INDEMNIFIES, HOLDS HARMLESS, AND RELEASES GRANTOR FROM LIABILITY FOR
ANY LATENT DEFECTS AND FROM ANY LIABILITY FOR ENVIRONMENTAL
PROBLEMS AFFECTING THE PROPERTY, INCLUDING LIABILITY UNDER THE
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY
ACT (CERCLA), THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA), THE
TEXAS SOLID WASTE DISPOSAL ACT, OR THE TEXAS WATER CODE. SUBJECT TO
THE LAST SENTENCE OF THIS PARAGRAPH, GRANTEE INDEMNIFIES, HOLDS
HARMLESS, AND RELEASES GRANTOR FROM ANY LIABILITY FOR ENVIRONMENTAL
PROBLEMS AFFECTING THE PROPERTY. SUBJECT TO THE LAST SENTENCE OF THIS
PARAGRAPH, GRANTEE INDEMNIFIES, HOLDS HARMLESS, AND RELEASES GRANTOR
FROM ANY LIABILITY FOR ENVIRONMENTAL PROBLEMS AFFECTING THE
PROPERTY ARISING AS THE RESULT OF THEORIES OF PRODUCTS LIABILITY AND
STRICT LIABILITY, OR UNDER NEW LAWS OR CHANGES TO EXISTING LAWS
ENACTED AFTER THE EFFECTIVE DATE THAT WOULD OTHERWISE IMPOSE ON
GRANTOR IN THIS TYPE OF TRANSACTION NEW LIABILITIES FOR ENVIRONMENTAL
PROBLEMS AFFECTING THE PROPERTY. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, GRANTEE’S INDEMNIFICATION AND HOLD
HARMLESS OBLIGATIONS UNDER THIS PARAGRAPH SHALL NOT APPLY TO ANY
CLAIMS OR LIABILITIES ARISING OUT OF ANY EVENTS THAT OCCURRED, OR ANY
CONDITIONS THAT WERE CREATED, DURING THE PERIOD OF GRANTOR’S
OWNERSHIP OF THE PROPERTY; AND PROVIDED FURTHER THAT GRANTEE AND
EACH TRANSFEROR OF THE PROPERTY (OR ANY PORTION THEREOF) SHALL UPON
THE CONSUMMATION OF SUCH TRANSFER BE RELIEVED OF ALL FURTHER
LIABILITY FOR SUCH OBLIGATIONS EXCEPT SUCH LIABILITY AS MAY HAVE ARISEN
DURING THE PERIOD OF SUCH TRANSFEROR’S OWNERSHIP OF THE PROPERTY (OR
THE PORTION THEREOF SO CONVEYED) AND WHICH REMAINS UNSATISFIED.
When the context requires, singular nouns and pronouns include the plural.
Tejas Land Holdings, LLC
By: ____________________________________
Ruben Molinar, Jr., its Manager
STATE OF ______________________
COUNTY OF ____________________
This instrument was acknowledged before me on __________________, 2025, by Ruben
Molinar, Jr., Manager of Tejas Land Holdings, LLC. a Texas limited liability company, on
behalf of said company.
Notary Public, State of ________________
My commission expires:________________
(SEAL)
EXHIBIT A
(Attach legal description of the Property)
EXHIBIT B
(Attach title exceptions)
Item No. 6.c.
City Council Agenda
Staff Report
Meeting Date: 4/8/2025
Staff Contact:
AGENDA ITEM:
Consider/Discuss/Action on appointment to fill a vacancy on the Board of Adjustment.
(Interview Committee)
SUMMARY:
Cory Halley has resigned his seat effective immediately. The Interview Committee will
have a nomination for the City Council to vote on.
FINANCIAL IMPACT:
BACKGROUND:
STRATEGIC CONNECTIONS:
ATTACHMENTS:
Item No. 6.d.
City Council Agenda
Staff Report
Meeting Date: 4/8/2025
Staff Contact: Carrie Land
AGENDA ITEM:
Consider/Discuss/Action on appointment to fill a vacancy on the Neighbor Engagement
and Inclusions Commission. (Interview Committee)
SUMMARY:
Cory Halley has resigned his seat effective immediately. The Interview Committee will
have a nomination for the City Council to vote on.
FINANCIAL IMPACT:
BACKGROUND:
STRATEGIC CONNECTIONS:
ATTACHMENTS:
Item No. 6.e.
City Council Agenda
Staff Report
Meeting Date: 4/8/2025
Staff Contact: Carrie Land
AGENDA ITEM:
Consider/Discuss/Action on a Resolution appointing a Charter Review Commission.
(City Secretary Carrie Land)
SUMMARY:
The City Council will appoint 11 Charter Review Commissioners and 2 alternate Commissioners to
serve on the City Charter Review Commission.
Appointees are:
Jessica Walden, Chair
Bruce Norwood, Vice Chair
Theresa King-Bell
Gretchen Stewart
Susan Jones
Kate Swafford
Dr. Glenn Brown
Choy Morrison
Randy Sachs
Lynn Bryan
Justin Inesta
Alternates are:
Nathan Wilbur
Andy Torres
FINANCIAL IMPACT:
This item has no financial impact.
BACKGROUND:
In accordance with Section 11.07 of the Charter, the Commission is charged with the
following duties:
1. Inquire into the operation of the City government under the Charter and determine
whether any provisions of the Charter require revision;
2. Propose any recommendations it deems desirable to insure compliance with the
Charter of the City government; and
3. Report its findings and present its recommendations to the City Council.
STRATEGIC CONNECTIONS:
This item supports the City of Anna Strategic Plan, specifically advancing the strategic
outcome area: Neighborly.
ATTACHMENTS:
1. Res 2025 Charter Review Commission Creation
CITY OF ANNA, TEXAS
RESOLUTION NO. _______________
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPOINTING A CHARTER REVIEW
COMMISSION
WHEREAS, the City of Anna, Texas Home-Rule Charter (the “Charter”) was originally adopted
by the vote of the people of the City of Anna, Texas on May 7, 2005; and
WHEREAS, the Charter was amended on November 4, 2008, May 12, 2012, and May 5, 2018;
and
WHEREAS, Section 11.07 of the Charter states that the City Council of the City of Anna, Texas
(the “City Council”) must appoint a Charter Review Commission (the “Commission”) at least
once every six years and that said Commission must consist of at least ten citizens of the City;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Charter Commission Appointed
In accordance with Section 11.077 of the City of Anna, Texas Home-Rule Charter, the following
persons are hereby appointed to serve on the Charter Review Commission:
Jessica Walden
Bruce Norwood
Theresa King-Bell
Gretchen Stewart
Susan Jones
Kate Swafford
Dr. Glenn Brown
Choya Morrison
Randy Sachs
Lynn Bryan
Section 3. Appointment of Presiding Officers
Jessica Walden is hereby appointed to serve as the Charter Review Commission Chair, and
Bruce Norwood is hereby appointed to serve as the Vice Chair.
Section 4. Appointment of Alternate Members
Nathan Wilbur
Andy Torres
Section 5. Additional Appointees, Role
The City Manager, City Attorney, and City Secretary (the “City Council Appointees”) shall attend
all meetings of the Charter Review Commission and shall serve in an advisory capacity to the
Commission. The duties of the Council Appointees include assisting and advising the
Commission with regard to meeting schedules, meeting agendas, meeting procedures, and
legal operational matters related to Charter and City operations. City Council Appointees shall
participate in the deliberations of the Commission but shall not vote on the Commission’s final
report and recommendations to the City Council. The City Secretary shall keep the minutes of
the proceedings of all Commission meetings.
Section 6. Duties of the Commission
In accordance with Section 11.07 of the Charter, the Commission is charged with the following
duties:
1. Inquire into the operation of the City government under the Charter and determine
whether any provisions of the Charter require revision;
2. Propose any recommendations it deems desirable to ensure compliance with the
Charter of the City government; and
3. Report its findings and present its recommendations to the City Council.
Section 7. Term of Office
The term of office of the Commission shall be for not more than six months, at the end of which
time a report must be presented to the City Council and all records of the proceedings of the
Commission must be filed with the City Secretary and become a public record.
Section 8. Rules of Procedure
All meetings of the Commission shall be governed by the rules of procedure adopted by the
City Council in Resolution No. 2010-11-05, and shall further be conducted in accordance with
the Texas Open Meetings Act.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 8th day of
April, 2025.
ATTEST: APPROVED:
_____________________________ ______________________________
Carrie L. Land, City Secretary Mayor, Pete Cain
Item No. 7.d.
City Council Agenda
Staff Report
Meeting Date: 4/8/2025
Staff Contact:
AGENDA ITEM:
Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074).Charter Review
Commission
SUMMARY:
FINANCIAL IMPACT:
BACKGROUND:
STRATEGIC CONNECTIONS:
ATTACHMENTS: