HomeMy WebLinkAboutCCpkt2012-03-29Y{OIIR} HOMETOWN
CITY COUNCIL MEETING
SIGN IN SHEET
DATE: '
Please sign -in as a record of attendance. All persons desiring to address the council are
requested to sign below and fill out an Opinion/Speaker Registration Form. Please hand
the Opinion/Speaker Registration Form to the City Secretary prior to the start of the City
Council Meeting.
NAME
ADDRESS
Welcome to the oil Gouncil meeting.. ,. cur presence andparticl aorl are
appreciated. You may mak6 your opinfan known an are issue ancVor register to -
speak to the Mayor and Gi Council. Pfease � thfs form win at the sta taNe,to
be forwarded arded to the Mayor. Please step to the podFum as snare as you are
At
recognized by the Mayor and state your name and address before beginning, your
presentation, If you have Wri n notes or other mated I you wish to present to the
Mayer and GouncU, please furnish are extra c9py for the of rciai files_
Name:
6
Telephone; Number (a).
Regarding Agenda tfervif NoTLPbefy Council Meeting Date.
Far ��p ()Against
mrc�ents: ��se �ac� if neoessa�
�seit�i*%#***�#��rt*3�Fi�5Eatri�TeiiiF'k�fri^fist**iFief�Y�'k#�"haii�E�F#�t*£-�&�'*iaE*sF*�E�Et�ir�Eki-####:E�#*iitlt�c�lci�rt�##'k'�k'Sc7F��c#
� t�is� fo ad�fre�s tie �tta�ar and �f �o�tnGii.
(PLEASE UMIT COMMEN I S v 6 MINU I E:61
� � F do not wish to address the (Mayor and City Council, but do- wash €e re€gfster
MY Opinion.
GIGorne to the city counotl meeting.. dour presence and partfcfp�'nfon are
appre dated. TOU may matce your €�pineon known on an issue andfor register €
speak to the Mayor and �€i Council. Please to t €s form fn at the sta -tab[elfo
be Ifor aided td the Mayor. PCease step to tftepod ium as snarr as you are
recognized by the Mayor and state your name and address before beginning your
presentation, If you have written motes or other materfal you wish to present � the
Mayor and Counolff, please furn'(Sh are e ra copy for the official fifes.
qame: ?
Addrss:
d
City I State f Zip.
F�egard€ng Agenda itecn No. � Council Meeting Date:
for
m�en�s_ {� �ao� �f neoessa�
{ } 1 �0sF� fa addross tote ttrta�ar and P� Pvc^ttne4I.
do not wish to address the Mayor and Cif Councilr but do- sh fo register
MY Wnran.
Welcome to the city councP) meeting.. YGur a reseacG and participatia are
appreciated= .you may crake your €pinion known an an issue andfer €eq.f�ter to -
speak to tfie Mayer and City C�Unci{. ��ea��: � �iri� �� E� at.� e spa tabie to
be forwarded to theMayor. Please step to the pcdi'urn as s-con- as you are
recognized by the Mayor and state your name ctftd adds°s before beginning. Your
presentation, If you have Written notes or other material you w1sh to present to the
Mayer and Gouncff, please furn(sh are extra co p for the official files.
gatnew. %5 ) (, t )
0
Wress. gaom f 10 `° k�p
Cityf State I Zip- A
:Zegarding Agenda I erri No. Council g D+
Meetinate: / "- /�
� �ga�nst
�aciC if- necessat��
�Quncil.
t do not wish to address the Mayor and City CGuncilr but do- sh to register
t,qY Opinion.
Welcome to the city Gounoif meeting.. Your presence a€ d partici -add are
appreciated. You may make your € pfnfon known- on are issue anft.r register to -
speak to the Mayor and GEty Council. Ptease turn th€s form wn at the sta ,tabfe-to
be forwarded to the Mayor. Please step to the podifum as score as yau are
remgnLed by the Mayor and state your name aid address before beghn[ng, your
presentateon, If you have Written n notes er other mated I you wfsh, to present to the
Wayar and Gounoff€ pfease €urn(sh are extra c9py for the affoial fifes_ .
harrfa:
ddrs:
U%p
Q X 11c `� S
�Ffe���$,t:Li kiE'3c�4YSY�1�-kik:FB•#�ksc$��'i:'�icfr�t4'"#t°#mat-s`��usE�ikfx�k��•k+Y�.:k&sE��tx���'kaC'.�-k�s'.�-�'E��..^k•E�sFii�:��•k��`!•�#-���
Regarding Agenda Itervi No, Council Meeff Date.
3ubjeot:
t�trr�er€ts: �� �ao�€ i� �eoassa�
a
�.
(PLEASE LIMIT G4 MENTS TO 3MINUTES) .
I' do not wish to address the Mayor and City Council: but do, wish to register
welcome to the city council Meeting.. Your presence and partloi atfon are
apprecfated. You may Make your opinion known on an issue andfer register to -
speak to the Mayor and City Count. P#ea�e tuns this formIn- at the staff,table-to
be forwarded to the Mayor, Ptease step to the podt'um as snon as you are
recognized b the Mayor and state your name acid address before beg nrung your
3resentatfonr It you have gri n motes or ether mated I you wish to pre nt to the
Uayor and Gaunc4, please furnish art extra c9py for the official fifes.
Name. -n(KIKAV
Addresswm
) I/ � k 75 0
City State I ZIP:
+�qc
Telephone dumber (a) 2
! (�
Regarding Agenda #tee No. _ ounei# Meeting Date: � Z�
Subject.
t � for
nr�enfis. �� �ao#C if neoessa��
CO
fi
#�.
# do net wish to address the Mayor and City Council, but € o- ash €o reg€ster
ny opinion.
Y{OUR} HOMETOW N
CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP
March 29, 2012
6:30 p.m. —Anna City Hall Administration Building
The City Council of the City of Anna will meet in Workshop Session at 6:30 p.m., March
29, 2012, at the Anna City Hall Administration Building, located at 111 North Powell
Parkway (Hwy 5), regarding the following items.
1. Call to Order
2. Roll Ca11 and Establishment of Quorum.
3. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter
551, the City Council may enter into closed session to discuss any items
listed or referenced on this agenda under the following exceptions:
a. Consult with legal counsel regarding pending or contemplated litigation
and/or on matters in which the duty of the attorney to the governmental
body under the Texas Disciplinary Rules of Professional Conduct of the
State Bar of Texas clearly conflicts with Chapter 551 of the Government
Code (Tex. Gov't Code §551.071); Danielle Budow v. State of Texas,
Cause No. 296-04555-2011 in the 296th District Court of Collin County,
Texas; discussion regarding the 2010 CDBG Contract; discussion
regarding ballot propositions.
b. Personnel Matters: City Attorney Annual Evaluation. (Tex. Gov't Code
§551.074)0
c. Discuss or deliberate Economic Development Negotiations: (1) To
discuss or deliberate regarding commercial or financial information that
the Board of Directors has received from a business prospect that the
Board of Directors seeks to have locate, stay, or expand in or near the
territory of the City of Anna and with which the Board is conducting
economic development negotiations; or (2) To deliberate the offer of a
financial or other incentive to a business prospect described by subdivision
I. The Council may vote and/or act upon each of the items listed in 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 legallyjustified 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.
03-29-I2 CC Regular Meeting Agenda.doc 1 Posted 03-23-12
(1). (Tex. Gov't Code 9551.0O I) future development on FM 455 near
Ferguson Pkwy.
The council further reserves the right to enter into executive session at any
time throughout any duly noticed meeting under any applicable exception
to the Open Meetings Act.
4. Discussion regarding any item on the City Council's March 29, 2012
Regular Meeting Agenda Notice, which was posted at the same date, time and
place of this Workshop Agenda Notice.
5. Adjourn.
This is to certify that I, Natha Wilkison, City Secretary, posted this agenda
at a place readily accessible to the public at the Anna City Hall and on the
City Hall bulletin board at or before 5#00 p.m., March 23, 2012.
Natha Wilkison, City Secretary
1. The Council may vote and/or act upon each of the items listed in 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 Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 912 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
03-29-12 CC Regular Meeting Agenda.doc 2 Posted 03-23-12
A#
Y{OLTR} iiOMETOW N
CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING
March 29, 2012
7:30 p.m. —Anna City Hall Administration Building
The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., March
29, 2012, at the Anna City Hall Administration Building, located at 111 North Powell
Parkway (Hwy 5), to consider the following items.
Welcome to the City Coamcil Meeting. Please sign the Sign -In -Sheet as a record of
attendance. If you finish 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.
2. Invocation and Pledge of Allegiance.
3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is unable
to respond to or discuss any issues that are brought up during this section that
are not on the agenda, other than to make statements of specific factual
information in response to a citizen's inquiry or to recite existing policy in
response to the inquiry.
4. 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.
1. The Council may vote and/or act upon each of the items listed in 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 raider 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.
03-29-12 CC Regular Meeting Agenda.doc 3 Posted 03-23-12
5. Consent Items. These items consist of non -controversial or "housekeeping" items
required by law. Items may be considered individually by any Council member
making such request prior to a motion and vote on the Consent Items.
a. Approve City Council Minutes for February 28, 2012 Regular
Meeting.
b. Approving a Resolution regarding an Interlocal Agreement for Arson
Task Force. (Chief Roma)
c. Approve a Resolution to authorize the EDC to sign a waiver of rights
under the performance agreement with Image Vision Labs. (Jessica
Perkins)
d. Approve a Resolution to authorize the EDC to hire a facilitator to
conduct a strategic planning session. (Jessica Perkins)
e. Approve a Resolution to authorize the EDC to hire a CPA to complete
IRS form 990. (Jessica Perkins)
f. Approve a Resolution to authorize the CDC to hire a CPA to complete
IRS form 990. (Jessica Perkins)
g. Approve EDC Minutes for February 2, 2012 Regular Meeting and
EDC Minutes for December 1, 2011 Regular Meeting. (Jessica
Perkins)
h. Approve CDC Minutes for February 2, 2012 Regular Meeting. (Jessica
Perkins)
i. Authorize City Staff to solicit bids for the 2012 street rehabilitation
project. (James Parkman)
j. Authorize City Staff to solicit bids for the FM 455 utility relocation
project. (James Parkman)
k. Approve a Resolution authorizing payment and reimbursement for
Council Member travel and training expenses. (Natha Wilkison)
6. Presentation and approval of the 2011 Fiscal Year Audit. (Clayton Fulton)
Public Hearing: To consider public comment regarding an ordinance amending
the City's comprehensive plan, zoning map and zoning ordinance and changing
the zoning of certain property. Millenium TLC Enterprises LLC, owner(s) of
property, is requesting a zoning change to Planned Development (PD) zoning to
provide for Downtown Redevelopment District with a Specific Use Permit (SUP)
for apartments/condominiums above the first floor on the subject tract. The
property is currently zoned as Single Family Residential (SF) and Restricted
Commercial (Cl) zoning. The property is located at 205 N. Powell Pkwy.
(Maurice Schwanke)
(b) Consider/Discuss/Action adopting an Ordinance amending the City's
Comprehensive Plan, Zoning Map and Zoning Ordinance and changing the
1. The Council may vote and/or act upon each of the items listed in 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 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.
03-29-12 CC Regular Meeting Agenda.doc 4 Posted 03-23-12
zoning of certain property. The owners) is requesting a zoning change to
Planned Development (PD) zoning to provide for Downtown Redevelopment
District with a Specific Use Permit (SUP) for apartments/condominiums above
the first floor on the subject tract. The property is currently zoned as Single
Family Residential (SF) and Restricted Commercial (C1) zoning. The property is
located at 205 N. Powell Plcwy. (Maurice Schwanke)
8. Consider/Discuss/Action approving Agave Azul Plaza Site and Landscape
Plans.(Maurice Schwanke)
9. Consider/Discuss/Action regarding a Resolution appointing primary, secondary,
and administrative representatives on the TEX-21 coalition. (City Manager)
10. Consider/Discuss/Action approving a Resolution regarding funding for median
break and driveway improvements on FM 455. (City Manager)
11. Consider/Discuss/Action adopting a resolution authorizing and creating the FM
455 Median Break Public Improvement District and setting forth procedures and
methods and making provisions for notices relating to said District. (City
Manager)
12. Consider/Discuss/Action adopting an Ordinance regarding declaring an Official
newspaper of general circulation in the City. (City Manager)
13. Consider/Discuss/Action regarding an Ordinance amending Ordinance No. 514-
2010, regarding emergency management procedures and the Comprehensive
Emergency Management Plan. (Chief Roma)
14. 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); Danielle Budow v. State of Texas,
Cause No. 296-04555-2011 in the 296th District Court of Collin County,
Texas; discussion regarding the 2010 CDBG Contract; discussion
regarding ballot propositions.
b. Personnel Matters: City Attorney Annual Evaluation. (Tex. Gov't Code
§551.074).
1. The Council may vote and/or act upon each of the items listed in 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 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.
03-29-12 CC Regular Meeting Agenda.doc 5 Posted 03-2342
c. Discuss or deliberate Economic Development Negotiations: (1) To
discuss or deliberate regarding commercial or financial information that
the Board of Directors has received from a business prospect that the
Board of Directors seeks to have locate, stay, or expand in or near the
territory of the City of Anna and with which the Board 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) future development on FM 455 near
Ferguson Pkwy.
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,
15. Consider/Discuss/Action on any items listed on posted agenda for March 29, 2012
City of Anna Workshop Session or any closed session occurring during this
Regular Meeting, as necessary.
16. Adjourn.
This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at a
place readily accessible to the public at the Anna City all and on the City all
bulletin board at or before 5 *00 p.m., March 23, 2012.
Natha Wilkison, City Secretary
I. The Council may vote and/or act upon each of the items listed in 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 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.
03-29-12 CC Regular Meeting Agenda.doc 6 Posted 03-23-12
Council Meeting: March 29.2012
Account Code #: N/A
Budgeted Amount: N/A
AGENDA SUBJECT:
SUMMARY:
RECOMMENDATION:
Call to order.
Item No. I
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 3-22-12
Exhibits: ❑Yes ❑ No
HOMETOWN
Council Meeting: March 29, 2012
Account Code #: N/A
Budgeted Amount:
AGENDA SUBJECT
SUMMARY:
RECOMMENDATION:
N/A
Item No. 2
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 3-22a12
Exhibits: ❑Yes ❑ No
Invocation and Pledge of Allegiance.
Item No. 3
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
YiouatsioMcrowrr
Council Meeting: March 29, 20I2 Staff Contact: Philip Sanders
Account Code #: N/A Date Prepared: 3-22-12
Budgeted Amount: N/A Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Citizen Comments. Citizens are allowed 3 minutes to
speak. The Council is unable to respond to or discuss any issues that are brought up
during this section that are not on the agenda, other than to make statements of specific
factual information in response to a citizen's inquiry or to recite existing policy in
response to the inquiry.
RECOMMENDATION:
rw
Council Meeting: March 29.2012
Account Code #: N/A
Budgeted Amount: N/A
Item No. 4
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 3-22-12
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Receive reports from Staff or the City Council about items
of community interest. Items of commzmio} 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 abort 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.
SUMMARY:
RECOMMENDATION:
IiOMETOWN
Council Meeting: March 29 2012
Account Code #: N/A
Budgeted Amount:
Item No.S a - k
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 2-22-12
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consent Items. These items consist of non -controversial or
'housekeeping" items required by law. Items may be considered individually by any
Council member making such request prior to a motion and vote on the Consent Items.
a. Approve City Council Minutes for February 28, 2012 Regular
Meeting.
b. Approving a Resolution regarding an Interlocal Agreement for Arson
Task Force. (Chief Roma)
c. Approve a Resolution to authorize the EDC to sign a waiver of rights
under the performance agreement with Image Vision Labs. (Jessica
Perkins)
d. Approve a Resolution to authorize the EDC to hire a facilitator to
conduct a strategic planning session. (Jessica Perkins)
e. Approve a Resolution to authorize the EDC to hire a CPA to complete
IRS form 990. (Jessica Perkins)
£ Approve a Resolution to authorize the CDC to hire a CPA to complete
IRS form 990. (Jessica Perkins)
g. Approve EDC Minutes for February 2, 2012 Regular Meeting and
EDC Minutes for December 1, 2011 Regular Meeting. (Jessica
Perkins)
h. Approve CDC Minutes for February 2, 2012 Regular Meeting. (Jessica
Perkins)
i. Authorize City Staff to solicit bids for the 2012 street rehabilitation
project. (James Parlcman)
j. Authorize City Staff to solicit bids for the FM 455 utility relocation
project. (James Parkman)
k. Approve a Resolution authorizing payment and reimbursement for
Council Member travel and training expenses. (Natha Wilkison)
RECOMMENDATION: Staff recommends approval of the consent items.
MINUTES OF
CITY OF ANNA AGENDA NOTICE - CITY COUNCIL WORKSHOP
February 28, 2012
6:30 p.m. —Anna City Hall Administration Building
The City Council of the City of Anna met in Workshop Session at 6:30 p.m., February
28, 2012, at the Anna City Hall Administration Building, located at 111 North Powell
Parkway (Hwy 5), regarding the following items.
1. Call to Order.
Mayor Darren R. Driskell called the meeting to order at 6:30 pm.
2. Roll Call and Establishment of Quorum.
Mayor Darren R. Driskell and Council Members Milce Crist, Keith Green,
John Geeen and Becky Glover were present. Council Member Kevin
Anderson arrived at 6:32 pm. Council Member Marc Hendricks was
absent.
3. Presentation and Discussion regarding the Water and Wastewater
Capital Improvement Plan. (Gary Hendricks)
City Manager, Philip Sanders presented the item to council and introduced
Gary Hendricks. Mr. Hendricks gave a presentation regarding the Water
and Wastewater CIP and answered questions from Council Members.
4. Discussion regarding the 100 year anniversary of incorporation. (City
Manager)
No discussion at this time.
5. Discussion regarding City Council's March 13, 2012 regular meeting
date. (City Manager)
No discussion at this time.
Council did not enter closed session at this time.
6. 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
02-28-12 CC Regular Minutes I 02-28-12
Chapter 551 of the Government Code (Tex. Gov't Code 9551.071 6,
William Austin Gant and Paul Eugene Gant v. City of Anna, Cause
No. 380-02370m2011 in the 380t" District Court of Collin County,
Texas; Danielle Budow v. State of Texas, Cause No. 296-04555-2011 in
the 296th District Court of Collin County, Texas; Anna/Weston
boundary agreement; Anticipated litigation regarding nuisance
property condition at 323 East 7t" Street, Anna, Texas.
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.
6. Discussion regarding any item on the City Council's February 28,
2012 Regular Meeting Agenda Notice, which was posted at the same
date, time and place of this Workshop Agenda Notice.
No discussion at this time.
8. Adjourn.
Council Member Anderson made the motion to adjourn at 7:29 pm.
Council Member Green seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN
ATTEST: APPROVED:
City Secretary, Natha Willcison
Mayor, Darren R. Driskell
02-28-12 CC Regular Minutes 2 02-28-12
MINUTES OF
CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING
February 28, 2012
7:30 p.m. —Anna City Aall Administration Bung
The City Council of the City of Anna met in Regular Session at 7:30 p.m., February 285
2012, at the Anna City Hall Administration Building, located at 111 North Powell
Parkway (Hwy 5), to consider the following items.
Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as
attendance. If you wish to speak on an open -session agenda item please
Opinion/Speaker° Registration Form and turn it in to the City Secretary
1. Call to Order.
Mayor Darren R. Drislcell called the meeting to order at 7:30 pm.
2. Invocation and Pledge of Allegiance.
Mayor Drislcell gave the invocation.
bef
3. Citizen comments. Citizens are allowed 3 minurtes to speak. The Council is
unable to respond to or discuss any issues that are brought up during this
section that are not on the agenda, other than to make statements of specific
factual information in response to a citizen's inquiry or to recite existing policy
in response to the inquiry.
None
4. 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 ill the municipality that has arisen after the posting of the agenda.
City Manager, Philip Sanders mentioned that the 100t" year anniversary of
incorporation for the City of Anna is coming up next year and planning for the
event will begin soon.
02-28-12 CC Regular Minutes 3 02-28-12
5. Consent Items. These items consist of non -controversial in "housekeeping"
items required by law. Items may be considered individually by any Council
member making such request prior to a motion and vote on the Consent Items.
a. Approve City Council Minutes for February 14, 2012 Regular
Meeting.
Mayor Drislcell made the motion to approve the consent items. Council Member
Crist seconded the motion. Motion passes.
AYE 6
NAY 0
6. (a) Consider/Discuss/Action regarding a Resolution estimating the appraisal
value of taxable real property liable for assessment to the proposed FM 455
Median Break Public Improvement District. (City Manager)
City Manager, Philip Sanders presented the item to council and answered
questions. Council Member Geren made the motion to approve. Council Member
Crist seconded the motion. Motion passes.
NAY 0
(b) Public Hearing of the City Council of the City of Anna to consider the
advisability of the creation of a Public Improvement District to make certain
median break improvements over certain property on or near FM 455
located within the corporate limits of the City of Anna.
City Manager, Philip Sanders presented the item to Council. Mayor Drislcell
opened the public hearing at 7:39 pm. Matt Robinson spoke against the PID.
Nancy Underwood spoke in favor of the PID. Thomas Smith spoke for the PID.
Trey Sibley spoke against the PID. Mayor Driskell closed the public hearing at
8:03 pm.
(c) Consider/Discuss/Action regarding a Resolution making findings
regarding the proposed creation of FM 455 Median Break Public
Improvement District. (City Manager)
City Manager, Philip Sanders presented the item to council. Council Member
Crist made the motion to enter closed session at 8:06 pm. Mayor Drislcell
seconded the motion. Motion passes.
AYE 4 NAY 2 (CM Geren and CM Glover) ABSTAIN 0
Council Member Crist made the motion to return to open session at 8:14 pm.
Council Member Anderson seconded the motion. Motion passes.
02-28-12 CC Regular Minutes 4 02-28-12
AYE 6 NAY 0 ABSTAIN 0
Mayor Driskell made the motion to approve the resolution. Council Member Crist
seconded the motion. Motion passes.
AYE 6
NAY 0
ABSTAIN 0
7. Consider/Discuss/Action regarding a Resolution approving Membership in
TEX-21. (City Manager)
City Manager, Philip Sanders presented the item to council and answered
questions. Council Members discussed the pros and cons of joining the coalition.
Council Member Geren made the motion to approve. Council Member Green
seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
8. Consider/Discuss/Action regarding an Ordinance amending the Tree
Preservation Ordinance by removing tree preservation requirements within
the Downtown Redevelopment District. (Maurice Schwanke)
Maurice Schwanlce, Director of Planning and Development presented the item to
council and answered questions. Council Member Crist made the motion to
approve. Council Member Glover seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
9. Consider/Discuss/Action regarding a Resolution setting the dates and times
for public hearings and approving other matters related to the possible
annexation of property on FM 2862. (Maurice Schwanke)
Maurice Schwanlce, Director of Planning and Development presented the item to
council and answered questions. Council Member Green made the motion to
approve. Council Member Crist seconded the motion. Motion passes.
AYE 6
NAY 0
ABSTAIN 0
10. Discussion regarding proposed rules for itinerant vendors. (Maurice
Schwanlce)
Maurice Schwanke, Director of Planning and Development presented the item for
discussion and answered questions from council members. Staff and council
members discussed parameters and guidelines for itinerant vendors.
02-28-12 CC Regular Minutes 5 02-28-12
11. Discussion regarding required closing of First Street Rail crossing. (City
Manager)
City Manager, Philip Sanders presented the item to council and answered
questions.
Council Member Crist made the motion to enter closed session at 8:44 pm.
Council Member Green seconded the motion. Motion passes.
AYE 6
NAY 0
ABSTAIN 0
Council Member Anderson made the motion to return to open session at 9:52 pm.
Mayor Driskell seconded the motion. Motion passes.
NAY 0
12. Consider/Discuss/Action regarding resolution adopting Settlement
Agreement and Release related to suit styled William Austin Gant and Paul
Eugene Gant v. City of Anna, Cause No. 380-02370-2011 in the 380"' District
Court of Collin County, Texas. (City Attorney)
Council Member Crist made the motion to approve. Council Member Anderson
seconded the motion. Motion passes.
AYE 6
NAY 0
13. 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), William Austin Gant and Paul Eugene Gant v.
City of Anna, Cause No. 380-02370-2011 in the 380t" District Court of Collin
County, Texas; Danielle Budow v. State of Texas, Cause No. 296-04555-2011
in the 296t" District Court of Collin County, Texas; Anna/Weston Boundary
Agreement; Anticipated litigation regarding nuisance property condition at
323 East 7tt' Street, Anna, Texas.
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.
02-28-12 CC Regular Minutes 6 02-28-12
14. Consider/Discuss/Action on any items listed on posted agenda for February
289 2012 City of Anna Workshop Session or any closed session occurring
during this Regular Meeting, as necessary.
Council Members discussed City Council'3 at 13, 2012 regular meeting date.
The meeting falls during spring break and members discussed postponing the
meeting to their next meeting on March 29, 2012. Council Member Crist made
the motion to take no action. Council Member Glover seconded the motion.
Motion passes.
AYE 6 NAY 0 ABSTAIN 0
15. Adjourn.
Council Member Anderson made the motion to adjourn at 9:54 pm. Council
Member Crist seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
ATTEST: APPROVED:
Natha Wilkison, City Secretary
Darren R. Driskell, Mayor
02-28-12 CC Regular Minutes 7 02-28-12
Council Meeting: March 29I 2012
Account Code #:_
Budgeted Amount:
Item No. 5 (b)
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Chief Roma
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Approve a Resolution regarding the Collin County Fire and Arson Taslc
Force Interlocal Agreement
SUMMARY: The City of Anna may from time to time, have need for additional resources to
aide in the investigative and prosecutorial process in regard to suspected arson cases that might
occur in the City of Anna. Additionally, surrounding communities may have similar needs from
time to time. In response to these needs, the formation of the Collin County Fire and Arson Task
Force will allow for shared investigative and prosecutorial resources to be made available to
participating cities on an as needed basis. This interlocal Agreement details and outlines the
scope and mission of the Task Force.
RECOMMENDATION: Staff recommends approval of the attached Resolution and Interlocal
Agreement.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND ENTERING
INTO AN INTERLOCAL AGREEMENT WITH THE COUNTY OF COLLIN FOR USE
AND PARTICIPATION IN THE COLLIN COUNTY FIRE AND ARSON TASK FORCE.
WHEREAS, the City of Anna, Texas (the "City") desires to enter into an interlocal
agreement with the County of Collin to both participate in, and utilize the services of the
Collin County Arson Task Force (Arson Task Force) on March 29tn, 2012; and
WHEREAS, the City Council of the City of Anna, Texas (the "Council") finds that
entering into this interlocal agreement is in the best interest of the citizens of Anna;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
The Council hereby approves the interlocal agreement, attached hereto as EXHIBIT 1,
incorporated herein for all purposes and authorizes the City Manager to execute same
on its behalf.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 29fn
day of March 2012.
APPROVED:
Darren R. Driskell, Mayor
ATTEST:
Natha Wilkison, City Secretary
REs. 2012-03- ILA for Arson Task Force PAGE 1 OF1 03-29-12
COLLIN COUNTY FIRE AND ARSON TASK FORCE
INTERLOCAL AGREEMENT
STATE OF TEXAS
COUNTY OF COLLIN
This Agreement is entered into by and between Collin County,
Texas and the City of Anna, Texas(hereinafter referred to
collectively as the "Parties"). The Parties execute this
Agreement as hereinafter provided pursuant to the Interlocal
Agreement Act, Texas Government Code, section 791.011, et seq.,
and the Texas Local Government Code, section 362.002, et seq.,
and all other applicable statutes.
WHEREAS, there is a need for investigative and prosecutorial
cooperation in suspected arson cases in the City of Anna.
WHEREAS, the Parties hereto have determined that the best
possible method for attacking the arson problem within the City
of Anna is an agreement establishing such cooperation by way of a
Task Force; and
WHEREAS, the Parties desire to enter into this Agreement to
provide investigative and prosecutorial cooperation in connection
with arson and other criminal cases; and
WHEREAS, each party is authorized to perform the services
contemplated herein the Parties for the mutual consideration
hereinafter stated, agree and understand as follows;
NOW THEREFORE,
I.
The Parties execute this Agreement for the purpose of
providing arson and explosive detection, investigative, and
prosecutorial capabilities to each other as the need arises.
II.
The Collin County Fire Marshal's
coordinator of the Collin County Fire
created by this Agreement, and the Collin
Office will be the central repository of
counterparts of this Agreement.
Office will be the
and Arson Task Force
County Fire Marshal's
the Parties' executed
When requested by one party to this Agreement, another party
to this Agreement may provide available members of its fire and
explosive investigative unit to investigate and perform follow-
through prosecution duties regarding fires or explosions of
suspicious origin or unknown causes within the requesting
jurisdiction. While engaged in such activities, employees of the
responding party shall be under the rules of the requesting party
and the direction and supervision of the requesting party's
officer in charge of the investigation. The availability of a
party's officers shall be determined by the responding party.
While any responding party investigative officer is in the
service of the requesting party, he or she shall be considered an
investigative officer of the requesting member and be under the
command of the requesting party's department head or the
department head's designee, with all the powers of a regular
investigative officer of the requesting party, as fully as though
he or she were within the territorial limits of the governmental
entity where he or she is regularly employed and his or her
qualifications, respectively, in the job position for the local
governmental entity by which he or she is regularly employed,
shall constitute his or her qualifications for the position
within the territorial limits of the requesting member, and no
other oath, bond, or compensation need be made.
V.
In performing duties under this agreement, each party will
comply with all necessary federal, state and local laws,
regulations and ordinances, including those relating to disposal
of property acquired from grant funds.
VI.
The party regularly employing the investigative officer
shall pay all wages and disability payments, pension payments and
payments for damages to equipment and clothing of that officer
while he or she is involved in activities pursuant to this
Agreement the same as though the services had been rendered
within the jurisdiction wherein the investigative officer is
regularly employed. The requesting party shall have no
obligation to reimburse the responding party for such costs
unless reimbursement is required under the Local Government Code
§ 362. 003 (c) .
VII
Any request for assistance under this Agreement shall
include a statement of the amount and type of equipment and
number of personnel requested and shall specify the location to
which the equipment and personnel requested are to be dispatched,
but the amount and type of equipment and number of personnel to
be furnished shall be determined by the responding party's
department head or department head's designee.
VIII.
The department head of the responding party, or department
head's designee, in his or her sole discretion, may at any time
withdraw his or her personnel or equipment or discontinue
participation in any activity initiated pursuant to this
Agreement.
A party to this Agreement may unilaterally terminate its
participation in this Agreement only after providing not less
than ninety (90) days' written notice of termination to the other
parties. This Agreement may be terminated at any time by the
written mutual agreement of the Parties.
X.
In the event that any person performing services pursuant to
this Agreement shall be cited as a party to a state or federal
civil lawsuit arising out of the performance of those services,
that person shall be entitled to the same benefits that he or she
would be entitled to receive if such civil action had arisen out
of the performance of his or her duties as a member of the
department where he or she is regularly employed and in the
jurisdiction of the party by which that person is regularly
employed.
XI.
Each party to this Agreement expressly waives all claims
against every other party for compensation for any loss, damage,
personal injury, or death occurring as a consequence of the
performance of this Agreement.
KAGI
It is expressly understood and agreed that, in the execution
of this Agreement, no party waives, nor shall be deemed hereby to
waive, any immunity or defense that would otherwise be available
to it against claims arising in the exercise of governmental
powers and functions. Third party claims against members shall
be governed by the Texas Tort Claims Act or other appropriate
state statutes, municipal ordinances or laws of the State of
Texas or any political subdivision thereof.
XIII.
This agreement and any of its terms and provisions, as well
as the rights and duties of the parties hereto, shall be governed
by the laws of the State of Texas.
XIV.
In the event that any portion of this agreement shall be
found to be contrary to law, it is the intent of the parties
hereto that the remaining portions shall remain valid and in full
force and effect to the extent possible.
XV.
This Agreement may be amended or modified only by the mutual
agreement of the Parties hereto in writing to be attached to and
incorporated into this Agreement.
XVI.
This Agreement may be signed in multiple counterparts and
shall be binding on the Parties when duly authorized by the
governing bodies of such Parties and such Parties' duly
authorized representatives and delivered to the Collin County
Fire and Arson Task Force Coordinator.
XVII.
This Agreement contains all commitments and agreements of
the Parties, and oral or written commitments not contained herein
shall have no force or effect to alter any term or condition of
this Agreement.
XVIII.
The undersigned officers and/or agents of the Parties hereto
are the properly authorized officials and have all necessary
authority to execute this Agreement on behalf of the parties, and
each party hereby certifies to the other that any necessary
resolutions extending said authority have been duly passed and
are now in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have executed this
Agreement to be effective upon execution and dating by all of the
Parties.
COUNTY OF COLLINI TEXAS
Keith Self, County Judge
Date:
CITY OF ANNA, TEXAS
Philip Sanders, City Manager
City of Anna
Date:
APPROVED AS TO CONTENT:
Michael Smith, County Fire
Marshal
Date:
Item No. 5 c
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
CITY OP ANNA,TEXAS
Council Meeting: March 29, 2012 Staff Contact: Jessica Perkins
Account Code #: n/a
Budgeted Amount: n/a Exhibits: X Yes ❑ No
AGENDA SUBJECT: 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.
Approve a Resolution to authorize the EDC to sign a waiver of rights under the
performance agreement with Image Vision Labs. (Jessica Perkins)
SUMMARY: IVL is in need of the waiver in order to secure funding in the amount of
5.5 million dollars. This investment would allow them the funds needed to continue to
expand their businesses and add employment. Image Vision has already met the majority
of their performance measures and is on track to fulfilling their obligation by the 24
month performance deadline.
STAFF RECOMMENDATION: Staff recommends you approve the resolution.
CITY OF ANNA, TEXAS
RESOLUTION NO.
RESOLUTION AUTHORIZING THE ANNA ECONOMIC DEVELOPMENT
CORPORATION TO SIGN A WAIVER OF RIGHTS UNDER THE PERFORMANCE
AGREEMENT WITH IMAGE VISION LABS TO PROMOTE EXPANDED BUSINESS
DEVELOPMENT
WHEREAS, The City Council of the City of Anna supports the Anna Economic
Development Corporation's ("EDC") desire to promote and expand business
development; and
WHEREAS, The City Council of the City of Anna recognizes that the EDC has signed
and approved the attached waiver of rights; and
WHEREAS, The City Council of the City of Anna recognizes that the EDC has
determined that it is in the best interests of the EDC to waive rights under the
performance agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. The City Council of the City of Anna, Texas hereby authorizes the EDC to
enter into the Waiver Agreement, in substantially the same form as the document
attached hereto as Exhibit 1, and authorizes the EDC President to execute the Waiver
Agreement on its behalf.
PASSED by the City Council of the City of Anna, Texas, on this 29th day of March
2012.
ATTEST: APPROVED:
Natha Wilkison, City Secretary
Darren R. Driskell, Mayor
RES. 2012-3- EDC Waiver of rights -Image Vision Labs PAGE 1 OF 1 03-29-12
IMAGE VISION LABS, INC.
404 North Powell Parkway
City of Anna, TX 75409
March 08, 2012
Jessica Perkins
Chief Administrative Officer
Anna Economic Development Corporation
PO Box 776
Anna, TX 75409
Re: Waiver of Triggering Event
Dear Ms. Perkins:
Reference is made to the Economic Development Incentive Grant for Capital Investment
Performance Agreement ("Performance Agreement') between Image Vision Labs, Inc. ("Company")
and Anna Economic Development Corporation ("AEDC" ), executed on or about July 15, 2010.
The Company is in the process of closing an equity financing (the "Series B Preferred Stock
Financing") in which Series B Preferred Stock of the Company is to be purchased by existing investor
Walden Venture Capital VII, LP ("Walden"), new investor Javelin Venture Partners, and others
(collectively, the "Investors"), under the terms of a Series B Preferred Stock Purchase Agreement
("Purchase Agreement') to be entered into by the Company and the Investors on or before the V day of
July, 2012.
The terms of the Performance Agreement provide that, upon the occurrence of a "Triggering
Event ,AFDC would have certain rights, including but not limited to the right to demand and receive
repayment from the Company of the total amount of grant proceeds, with interest, previously received by
the Company under the Performance Agreement. A Triggering Event is defined in the Performance
Agreement to include any sale of the Company's capital stock that results in or causes a new "Controlling
Shareholder" of the Company (as such term is defined term in the Performance Agreement). The term
"Controlling Shareholder" is defined to include a shareholder of the Company who owns more shares
than any other shareholder.
Prior to the closing of the Series B Preferred Stock Financing (the "Closing"), the President and
CEO of the Company, Steven W. White, owns more shares of the Company than any other sharehoider,
and Walden owns more shares of the Company than anyone other than Mr. White. Following the
Closing, the purchase of Series B Preferred Stock by Walden would result in Walden owning more shares
of the Company than any other shareholder, including Mr. White.
Under the terms of the Purchase Agreement, it will be a condition to the Closing that AEDC
waive its rights to demand or receive repayment from the Company of grant proceeds with respect to any
Triggering Event otherwise resulting from the Series B Preferred Stock Financing. AEDC hereby
consents and agrees to the waiver of its right and option to treat the Series B Preferred Stock Financing,
including the entry into the Purchase Agreement, the sale and issuance of the Company's Series B
Preferred Stock, and the occurrence of a new Controlling Shareholder resulting upon the consummation
of such sale (collectively, the "Series B Financing Events"), as a Triggering Event under the
Anna Economic Development Corporation
Re: Waiver of Triggering Event
March _, 2012
Page 2
Performance Agreement, and accordingly consents and agrees to the waiver of its right and option that
would otherwise result from the Series B Financing Events, to demand or receive repayment from the
Company of grant proceeds. AEDC specifically preserves the right to receive written notice of the
Series B Financing Events to the extent required under the Performance Agreement. IVL agrees to
provide such written notice to AFDC to the extent so required. AFDC does not intend to waive and does
not waive any right(s), including the kinds of rights waived above, that it may now or in the future
possess with respect to any Triggering Event other than the Series B Financing Events.
]f AEDC is in agreement with the terms set forth in this letter, please sign this letter where
provided below. As always, we appreciate AEDC's and the City of Anna's support of the Company.
Sincerely
IMAGE VISION LABS, INC.
By:
Steven W.White
President and CEO
AGREED:
ANNA ECONOMIC DEVELOPMENT CORPORATION
Printed Name: r�'I /r
Title:
Date:
CITY OF ANNA, TEXAS
Council Meeting: March 29, 2012
Account Code #: n/a
Item No. 5 M
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Jessica Perkins
Budgeted Amount: n/a Exhibits: �C Yes ❑ No
AGENDA SUBJECT: Consent Items. These items consist of non -controversial or
'housekeeping" items required by laiv. Items may be considered individually by any
Council member making such request prior to a motion and vote on the Consent Items.
Approve a Resolution to authorize the EDC to hire a facilitator to conduct a
strategic planning session. (Jessica Perkins)
SUMMARY: EDC members believe it would be beneficial to have a third party come
into facilitate a planning and goal setting session. This will benefit the board members in
3 ways: 1. It will allow all board members (new and existing) to know what the EDC
does; 2. It will help with decision making; and 3. It will allow the EDC to better track its
progress and investment in the community.
STAFF RECOMMENDATION: Staff recommends you approve the resolution.
CITY OF ANIMA, TEXAS
RESOLUTION NO.
RESOLUTION AUTHORIZING THE ANNA ECONOMIC DEVELOPMENT
CORPORATION TO PROCURE PROFESSIONAL SERVICES FOR STRATEGIC
ECONOMIC DEVELOPMENT PLANNING AND MARKETING
WHEREAS, The City Council of the City of Anna supports the Anna Economic
Development Corporation's ("EDC") desire to authorize their Chief Administrative Officer
to procure the professional consulting services of Optimal Training Solutions and Nancy
Bartlett (Facilitator) for strategic economic development planning and marketing; and
WHEREAS, The City Council of the City of Anna recognizes that the EDC determined
that the above -referenced services are in the best interests of the EDC and will promote
economic development in the City of Anna; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. The City Council of the City of Anna, Texas hereby authorizes the EDC to
authorize the Chief Administrative Officer to execute, on behalf of the EDC, and subject
to approval of the form and content by the EDC's legal counsel, a contract with Optimal
Training Solutions and Nancy Bartlett (Facilitator) for professional consulting services
not to exceed $2,000 without further approval, said authority to include execution of all
necessary documents to consummate the business relationship with said consultant.
PASSED by the City Council of the City of Anna, Texas, on this 29th day of March 2012.
ATTEST: APPROVED:
Natha Wilkison, City Secretary
Darren R. Driskell, Mayor
RES. 2012-03- EDC facilitator PAGE 1 OF 1 03-29-12
Item No. 5 e
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
CITY of ANNA, TEXAS
Council Meeting: March 29, 2012 Staff Contact: Jessica Perkins
Account Code #: n/a
Budgeted Amount: n/a Exhibits: X Yes ❑ No
AGENDA SUBJECT: 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.
Approve a Resolution to authorize the EDC to hire a CPA to complete IRS form
990. (Jessica Perkins)
SUMMARY: The EDC tax designation as a 501 c 3 requires the EDC to file an IRS
form 990. This should be completed by a tax professional. The City's auditor's office
has experience completing the 990 form. Attached is the letter of engagement with
LaFollett CPA's.
STAFF RECOMMENDATION: Staff recommends you approve the resolution.
CITY OF ANNA, TEXAS
RESOLUTION NO.
RESOLUTION AUTHORIZING THE ANNA ECONOMIC DEVELOPMENT
CORPORATION TO EXECTUTE A CONTRACT FOR CONSULTING SERVICES TO
ASSIST WITH IRS FORM 990
WHEREAS, The City Council of the City of Anna supports the Anna Economic
Development Corporation's ("EDC") desire to authorize their Chief Administrative Officer
to procure the professional consulting services of La Follett and Company PLLC
Certified Public Accounts for assistance with completing and filing IRS Form 990; and
WHEREAS, The City Council of the City of Anna recognizes that the EDC determined
that the above -referenced services are in the best interests of the EDC and the City of
Anna; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. The City Council of the City of Anna, Texas hereby authorizes the EDC to
authorize the Chief Administrative Officer to execute, on behalf of the EDC, and subject
to approval of the form and content by the EDC's legal counsel and final approval by the
City of Anna City Council, a contract with LaFollett and Company PLLC for professional
tax services not to exceed $1250 without further Board approval, said authority to
include execution of all necessary documents to consummate the business relationship
with said consultant.
PASSED by the City Council of the City of Anna, Texas, on this _29t" day of March
2012.
ATTEST: APPROVED:
Natha Wilkison, City Secretary
Darren R. Driskell, Mayor
RES. 2012-03- EDC hire CPA -Form 990 IRS PAGE 1 OF 1 03-29-12
Rw
CITY OE ANNA, TEXAS
Council Meeting:
Account Code
Budgeted Amount
March 29, 2012
n/a
n/a
em ItNo. S�f _
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Jessica Perkins
Exhibits: �C Yes ❑ No
AGENDA SUBJECT: Consent Items. These items consist of non -controversial or
'housekeeping" items required by lane. Items may be considered individually by any
Council member making such request prior to a motion and vote on the Consent Items.
Approve a Resolution to authorize the CDC to hire a CPA to complete IRS form
990. (Jessica Perkins)
SUMMARY: The CDC tax designation as a 501 c 3 requires the CDC to file an IRS
form 990. This should be completed by a tax professional. The City's auditor's office
has experience completing the 990 form. Attached is the letter of engagement with
LaFollett CPA's.
STAFF RECOMMENDATION: Staff recommends you approve the resolution.
CITY OF ANNA, TEXAS
RESOLUTION NO.
RESOLUTION AUTHORIZING THE ANNA COMMUNITY DEVELOPMENT
CORPORATION TO EXECTUTE A CONTRACT FOR CONSULTING SERVICES TO
ASSIST WITH IRS FORM 990
WHEREAS, The City Council of the City of Anna supports the Anna Community
Development Corporation's ("CDC") desire to authorize their Chief Administrative Officer
to procure the professional consulting services of LaFollett and Company PLLC
Certified Public Accounts for assistance with completing and filing IRS Form 990; and
WHEREAS, The City Council of the City of Anna recognizes that the CDC determined
that the above -referenced services are in the best interests of the CDC and the City of
Anna; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. The City Council of the City of Anna, Texas hereby authorizes the CDC to
authorize the Chief Administrative Officer to execute, on behalf of the CDC, and subject
to approval of the form and content by the CDC's legal counsel and final approval by the
City of Anna City Council, a contract with LaFollett and Company PLLC for professional
tax services not to exceed $1250 without further Board approval, said authority to
include execution of all necessary documents to consummate the business relationship
with said consultant.
PASSED by the City Council of the City of Anna, Texas, on this 29th day of March 2012.
ATTEST: APPROVED:
Natha Wilkison, City Secretary
Darren R. Driskell, Mayor
RES. 2012-03-CDC Hire CPA For Form 990 PAGE 1 OF 1 03-29-12
i
CITY OF ANNA, TEXAS
Council Meeting: March 29, 2012
Account Code #. n/a
Budgeted Amount
n/a
Item No. D Lg)_
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Jessica Perkins
Exhibits: �C Yes ❑ No
AGENDA SUBJECT: Consent Items. These items consist of non-conh•oveisial or•
'housekeeping" items required by latin. Items may be considered individually by any
Council member making such request prior to a motion and vote on the Consent Items.
Approve EDC Minutes for Regular Meetings of February 2, 2012 and
December 1, 2011.
SUMMARY: n/a
STAFF RECOMMENDATION: Staff recommends you approve the minutes.
MINUTES OF MEETING OF THE
ECONOMIC DEVELOPMENT CORPORATION
Thursday, December 1, 2011
The Economic Development Corporation {"EDC") of the City of Anna met at 5:04 p.m.,
Thursday, December 1, 2011, at the Anna City Hall Administration Building, 111 North
Powell Parkway (Hwy. 5), Anna, Texas.
1. Call to Order
Connie Stump, President of EDC, called the meeting to order and the following
items were presented to the Board for its consideration after roll call and the
establishment of a quorum.
2. Roll Call and Establishment of Quorum.
Directors in attendance were: Jason Focht, Connie Stump, Sherilyn Godfrey, and
John Houcek.
Directors absent were: Gene Bowles, Duane Hayes and Jason Schilli.
A quorum was declared present and the floor was open for business.
Others in attendance were: Jessica Perkins, Chief Administrative Officer; and
David Overcash, substituting for Clark McCoy, Attorney for EDC.
3. Consider/Discuss/Action regarding adopting a resolution approving a
Design/Build Firm for renovation of property located at 312 North Powell
Parkway and authorizing the Chief Administrative Office to execute an
agreement for same.
Jessica Perkins explained to the Directors that a bid for adesign/build firm for the
design and renovation of 312 North Powell Parkway (the old post office) was
placed on the website and in the newspaper. The only firm to respond was Level
5 Design along with J. Houser Construction. Level 5 Design meet the minimum
qualifications the board was seeking. Following Jessica Perkins' presentation, a
telephone conference was held with Justin Gilmore of Level 5 Design who
answered the Directors' questions. A plus in hiring a design/build firm is that it
saves time in bidding out each phase of the work to be done. The architect
partners with a builder, which in this case, is Houser Construction, a general
contractor. No formal study has yet been done by Justin Gilmore, in exactly how
much time is saved in hiring a design/builder vs. hiring a designer and soliciting
bids for sub -contractors to do the work. But in this particular case, 4-8 weeks
has saved in the bidding process. Design preparation by Justin Gilmore is
limited to approx. two weeks. There is no cost to the EDC in preparing of the
1. The Corporation may vote and/or act anon each ol'the items listed in this agenda,
Corporation reserves the right to retire into executive session concerning any 01' the items listed on this agenda,
whenever• it is considered necessary arul legally justiticd under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the
City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
12-01-2011 Regular EDC Minutes.doc 1
4.
design. Justin Gilmore will prepare the design and give the EDC a guaranteed
price for the work. No money exchanges hand until the design and cost for work
is finalized.
Following the discussion, Jason Focht made a motion to adopt the resolution of
the Anna EDC approving Level 5 Design as the design/build firm for the
renovation of the property located at 312 North Powell Parkway subject to the
approval as to form by legal counsel for the EDC, final content by EDC Chief
Administrative Officer, and approval by the City Council. John Houcek seconded
the motion. Motion carried.
Review of bills and fiscal year 2011-2012 budget.
There were no bills to review or budget breakdown.
5. Consider/Discuss/Action regarding approving the special meeting minutes
from October 10, 2011.
Not available.
Adjourn.
Jason Focht made a motion to adjourn the meeting. Sherilyn Godfrey seconded
the motion. Motion carried and the meeting adjourned at 5:47 p.m.
APPROVED:
Constance Ann Stump
President of EDC
�herilyn Goc
Secretary of
I. The Corporation may vote and/or act upon cash of the items listed in this agenda.
2.'l'hc Corporation reserves the right to retire into executive session concerning any ol'the items listed on this agenda,
whenever it is considered necessary and legally justified under the Opcn Mccting Act.
,persons with a disability who want to attend this meeting who may need assistance should contact the olrce of the
City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can he made.
12-01-2011 Regular EDC Minutes.doc 2
MINUTES OF REGULAR MEETING OF THE
` ANNA ECONOMIC DEVELOPMENT CORPORATION
A
t5
Thursday, February 2, 2012
The Economic Development Corporation of the City of Anna met at 6:04 p.m.,
Thursday, February 2, 2012, at the Anna City Hall Administration Building, 111 North
Powell Parkway (Hwy. 5), Anna, Texas,
1. Call to Order
Constance Stump, President of EDC, called the meeting to order and the
fallowing items were presented to the Board for its consideration.
2. Roll Cal! and Establishment of Quorum.
Directors in attendance were: Duane Hayes, John Houcek, Sherilyn Godfrey,
Connie Stump, Sherilyn Godfrey, and Jason Focht.
Director Gene Bowles was absent.
A quorum was declared present and the floor was open for business.
Others in attendance were: Philip Sanders, City Manager; Maurice Schwanke,
City Planner; Jessica Perkins, Chief Administrative Officer; and Clark McCoy,
Attorney for EDC.
Justin Gilmore, of t_eve15 Design and Josh Houser with J. Houser Constructrion
were present to speak to the Board with respect to Item No. 4 on the agenda.
3. ConsiderlDiscuss/Action regarding accepting Jason Schilli's
resignation from the Board,
Jason Schilli, due to the growth of his business, cannot continue to serve on the
EDC board. Therefore, he submitted his resignation to Jessica Perkins on
January 9, 2012. Sherilyn Godfrey made a motion to accept his resignation.
John Houcek seconded the motion. Motion carried.
4. Consider/Discuss/Action regarding adopting a resolution approving the
interior design layout and exterior design and nat to exceed amount from
Level 5 Design for the property located at 312 North Powell Parkway.
Justin Gilmore presented to the Board Level 5 Design's plan for the renovation of
the Old Post Office which included a Budget Costs Summary for Commercial
Construction and drawings (not for construction or permitting purposes) showing
a floor plan, demolition plan, a side and front view of the property as well as a
.The Corporation may vote and/or act upon each of the items listed in this agenda.
2. The Corporation 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 Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the office orthe
City Secretary at 972 9241 3325 two working days prior to the meeting so that appropriate arrangements can be made.
02-02-2012 Regular EDC Minutes.doc 1
drawing showing the landscaping. The Budget Costs Summary for Commercial
Construction was broken down into 33 divisions. The Budget Costs Summary,
included, but is not limited to, divisions for concrete, masonry, metals, thermal
and moisture protection, openings, fire suppression and finishes. The project
may be eligible for Oncor's grant program.
John Houcek made a motion to adopt the resolution approving the interior and
exterior design for the renovation of property located at 312 North Powell
Parkway (Old Post Office), as well as authorizing the EDC Chief Administrative
Officer to sign and execute an agreement with Level 5 Design for the renovation
of said property, not -to -exceed the amount of $205,870,00, subject to approval
as to form by legal counsel for EDC, final content by the EDC Chief
Administrative Officer and approval by the City Council. Sherilyn Godfrey
seconded the motion. Motion carried.
5. Consider/Discuss/Action regarding creating a design sub -committee for
the renovations for property located at 312 North Powell Parkway.
A sub -committee was formed consisting of Jessica Perkins, Maurice Schwanke
and John Houcek,
6. Discussion about a fiscal year strategic plan and annual report.
Jessica Perkins presented the idea to hire athird-party to conduct ayear-end
review and to create a new strategic plan for the coming fiscal year. This would
assist in decision -making and allow the board to better track its progress and
investment in the community.
7. HOLD CLOSED SESSION OF THE BOARD OF DIRECTORS UNDER
SECTIONS 551.072 AND 551.087 OF TEXAS GOVERNMENT CODE TO
DISCUSS.
a. Deliberation regarding the purchase, exchange, lease or value of real property.
(Tex. Gov't Code §551.072);
b. Consult with legal counsel 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 w071); and,
c. Discuss or deliberate Economic Development Negotiations:
(1) To discuss or deliberate regarding commercial or financial information that the
Board of Directors has received from a business prospect that the Board of
Directors seeks to have locate, stay, or expand in or near the territory of the City
of Anna and with which the Board 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).
1. The Corporation may vote and/or act upon each of the items listed in this agenda.
2. The Corporation 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 Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the
City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
02-024012 Regular EDC Minutes.doc 2
Not Necessary.
8. Review of bills and fiscal year 2011-2012 budget.
A proposed budget, dated September 6, 2011, was attached to the meeting
packet as well as EDC Financial Report of Holding Account, a chart showing
deposits and expenditures from October 1, 2011, to January 1, 2012. There were
no bills for the Board to review.
9. Consider/Discuss/Action regarding approving the special meeting minutes
from October 20, 2011, and special meeting minutes from November 8,
2011.
John Houcek moved to approve the special minutes as written. Jason Focht
seconded the motion. Motion carried.
10. Adjourn.
Jason Focht made a motion to adjourn that was seconded by John Houcek.
Motion carried. The meeting was adjourned at 7:11 p.m.
APPROVED:
� 1
Constance Ann Stump
President of EDC
ATTESTED:
She�ilyn t
Secretary
1. 'fhe Corporation may vote aiidlor act upon cnch of the items listed in this agenda.
2. The Corporation reserves the right to retire into executive session concerning tmy ofthe items listed on this agenda,
whenever it is considered necessary and legally justified under the Open Meeting Act.
.persons with a disability who want to attend this meeting who may need assistance should contact the of ice of the
City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
02-02-2012 Regular EDC Minutes.doc 3
Item No. 5 (h)
City Secretary's use only
i
City of Anna
City Council Agenda
Staff Report
CITY OF ANNA, TEXAS
Council Meeting: March 29, 2012 Staff Contact: Jessica Perkins
Account Code #: n/a
Budgeted Amount: n/a Exhibits: X Yes ❑ No
AGENDA SUBJECT: Consent Items. These ite�us 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.
Approve CDC Minutes for February 2,2012 Regular Meeting.
SUMMARY: n/a
STAFF RECOMMENDATION: Staff recommends you approve the minutes.
f
MINUTES OF REGULAR MEETING OF THE
�t7tf1 COMMUNITY DEVELOPMENT CORPORATION
Thursday, February 2, 2012
The Community Development Corporation ("CDC") of the City of Anna met at 5:04 p.m.,
Thursday, February 2, 2012, at the Anna City Hall Administration Building, 111 North
Powell Parkway (Hwy. 5), Anna, Texas.
1. Call to Order
Duane Hayes, Treasurer, called the meeting to order and the following items
were presented to the Board for its consideration after roll call and the
establishment of a quorum.
2. Roll Call and Establishment of Quorum.
Directors in attendance were: Duane Hayes, John Houcek, Sherilyn Godfrey,
Connie Stump, and Jason Focht.
Director Gene Bowles was absent.
A quorum was declared present and the floor was open for business.
Others in attendance were: Philip Sanders, City Manager; Maurice Schwanke, ;
Jessica Perkins, Chief Administrative %Jfficer; and Clark McCoy, Attorney for
CDC.
3. Invocation and Pledge
Duane Hayes gave the Invocation and led the Board in the Pledge of Allegiance.
4. Consider/Discuss/Action regarding accepting Jason Schil[i's
resignation from the Board.
Jason Schilli, due to the growth of his business, cannot continue to serve on the
CDC board. Therefore, he submitted his resignation to Jessica Perkins on
January 9, 2012. John Houck made a motion to accept his resignation. Connie
Stump seconded the motion. Motion carried.
1. The Corporation may vote and/or act upon each of the items listed in this agenda.
2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it is considered necessary and Icgttlly justified under the Open Meeting Act.
.Persons with a disability who want to attend this meeting who may need assistance should contact the office ot'the
City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
02-02-2012 Regular CDC Minutes.doc 1
S. Consider/DiscusslAction regarding appointing a new president.
The floor was opened for nominations. Jason Focht volunteered to serve
as president. The floor for nominations was closed and Connie Stump
made a motion to appoint Jason Focht as president of CDC. Sherilyn
Godfrey seconded the motion. Motion carried. Once Jason Focht was
appointed as President, he conducted the rest of the meeting.
6. Discussion regarding a grant application by the city to Texas Parks
and Wildlife for trail construction (Maurice Schwanke).
The City applied for and received a grant in the approximate amount of
$196,000. This grant will cover eighty percent (80%) of the cost to build a
park area with trails. To be eligible for this grant, the City will have to
match the funds in the estimated amount of $49,200 (20%). The trail will
foHow Throckmorton Creek, west of Creekside subdivision, on land
already owned by the City. Eventually, this trail will be connected to the
rest of the trail system.
7. AGENDA SUBJECT: CLOSED SESSION (exceptions):
a. Deliberation regarding the purchase, exchange, lease or value of real
property. (Tex. Gov't Code §551.072);
b. Consult with legal counsel 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), and,
c. Discuss or deliberate Economic Development Negotiations:
(1) To discuss or deliberate regarding commercial or financial information
that the Board of Directors has received from a business prospect that the
Board of Directors seeks to have locate, stay, or expand in or near the
territory of the City of Anna and with which the Boats 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).
Jason Focht read the foregoing into the record. Sherilyn Godfrey made a motion
to enter closed session at 5:25 p.m. Connie Stump seconded the motion.
Motion carried. After the business at hand was discussed, the Board returned to
open session, at 6:00 p.m., after Connie Stump made a motion that was
seconded by Sherilyn Godfrey.
I. The Corporation may vote and/or act upon each of the items listed in this agenda
2. The Corporation reserves the right to retire into executive session concerning any ofthe 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 office of the
City Secretary at 972 924=3325 two working days prior to the meeting so that appropriate arrangements can be made.
02-02-2012 Regular CDC Minutes.doc 2
8. Review of bills and fiscal year 2011-12 budget.
There were no bills to review. A chart prepared by Jessica Perkins outlined the
revenues and expenses from October 1, 2011, through January 25, 2012.
9. Considerscuss/Action regarding approving the regular meeting minutes
from October 10, 2011, and November 8, 2011.
Duane made a motion to approve the minutes as amended (a mistake in
numbering in October 10, 2011 minutes). John Houcek seconded the motion.
Motion carried.
10, Adjourn.
Connie Stump made a motion to adjourn the meeting. Sherilyn Godfrey
seconded the motion. Motion carried and the meeting adjourned at 6:03 p.m.
APPROVED:
Jason Focht
President of CDC
ATT STED:
Sherilyn Gd0frey
Secretary of CDC
1. The Corporation may vote and/or act upon each of the items listed in this agenda.
2. The Corporation 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 Meeting Act,
3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the
City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
02-02-2012 Regular CDC Minutes.doc 3
X{OUii} HOMETOWN
Council Meeting: March 29, 2012
Account Code #:
Budgeted Amount:
Item No. 5 (i)
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: James Parkman
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Authorization to solicit bids for the 2012 Street Improvement Program.
SUMMARY: Staff is requesting that the City Council authorize the solicitation of competitive
bids for the 2012 Street Improvement Program. This year's program includes the reconstruction
of Hackberry Lane from Highway 5 (Powell Pkwy.) east to Riggins Street, and Interurban Street
from Hackberry Lane south to First Street. It is estimated that the project will cost $83,000 plus
engineering fees.
RECOMMENDATION: Staff recommends approval of this request.
Y{OUR} iIONtETOW 1V
Council Meeting: March 29, 2012
Account Code #:_
Budgeted Amount:
Item No. (IL
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: James Parlcman
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Authorization to solicit bids for the FM 455 Utility Relocation Project
SUMMARY: Staff is requesting that the City Council authorize the solicitation of competitive
bids for the FM 455 Utility Relocation Project. This project will include the relocation of water
and sewer lines along FM 455 in preparation for TxDOT's planned reconstruction of this
roadway. The project engineer is nearing completion of the construction plans, and staff would
like to start the project as soon as TxDOT has finished acquiring all the necessary right-of-way.
Preliminary estimates from the project engineer indicate that the construction cost will be around
$1.6 million, just over half of which should be reimbursed to the City by TxDOT. Collin County
has also agreed to fund a portion of the project up to $800,000.
RECOMMENDATION: Staff recommends approval of this request.
Council Meeting: March 29I 2012
Account Code #: N/A
Budgeted Amount: N/A
Item No. 5 (k)
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Natha Willcison
Date Prepared: 3-22-12
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution
authorizing payment and reimbursement for Council Member travel and training
expenses. (Natha Willcison)
SUMMARY: The Collin County Chambers of Commerce are sponsoring Collin County
Day 2012, March 27, 2012. The event helps officials to: understand the most significant
issues facing North Texas businesses; gain insight into Texas government and the
legislative process; and connect with local elected officials and business leaders. The cost
associated with the event is a registration fee of $50. Reimbursement will be in
accordance with the Council's previously adopted travel reimbursement policy.
The attached Resolution authorizes the payment and reimbursement of expenses incurred
by Mayor Driskell who has expressed a desire to attend this event.
RECOMMENDATION: Staff recommends approval of this Resolution.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING PAYMENT
AND REIMBURSEMENT FOR COUNCIL MEMBER TRAVEL AND TRAINING
EXPENSES.
WHEREAS, the Collin County Chambers of Commerce are sponsoring Collin County
Day 2012, March 27, 2012; and
WHEREAS, Collin County Day 2012 will provide an opportunity for the officials in
Northern Collin County cities to participate in sessions designed understand the most
significant issues facing North Texas businesses; gain insight into Texas government and
the legislative process; and to connect with local elected officials and business leaders;
and
WHEREAS, The Council has previously adopted a Travel and Training Policy for Anna
City Council Members (the "Policy"); and
WHEREAS, the City of Anna, Texas Home -Rule Charter (the "Charter") provides that
Council members are entitled to reimbursement for actual expenses incurred in the
performance of their official duties with the approval of the City Council at a public
meeting; and
WHEREAS, the Council finds that Council members who are authorized to attend Collin
County Day 2012 are entitled to payment of or reimbursement for actual expenses
incurred in connection with their participation in this event;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ANNA, TEXAS THAT:
Sectionl. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Authorization of Payment and/or Reimbursement of Expenses
The Council hereby authorizes the payment and/or reimbursement of expenses incurred
by Mayor Darren R. Drislcell to attend Collin County Day 2012 in McKinney on March
27, 2012. All payments and/or reimbursements of the Mayor's expenses shall be in
accordance with the Travel and Training Policy for Anna City Council Members adopted
under Resolution 2009-10-05.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 29th
day March, 2012.
Res. 2012-03- CC Travel and Training Collin County Day 2012 1 03-29-12
Natha Willcison, City Secretary
Darren R. DriskellI Mayor
Res. 2012-03- CC Travel and Training Collin County Day 2012 2 03-29-12
Item No. 6
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: March 29, 2012 Staff Contact: Clayton Fulton
Account Code #: N/A Date Prepared: 3/22//2011__
Budgeted Amount: N/A Exhibits: QYes ❑No
AGENDA SUBJECT: Presentation and approval and the 2011 Fiscal Year Audit
SUMMARY: Last fall the City Council authorized LaFollett &Company PLLC to perform the
City's annual audit. Representatives of the firm will present the FY 2011 Audit and will be
available to answer questions.
RECOMMENTDATION: Staff recommends that the City Council approve the FY 2011
Audit.
and Company PLLC
Certified Public Accountants
March 293 2012
To the City Council and Management
of the City of Anna, Texas
Subject: Management Letter
In planning and performing our audit of the financial statements of the City of Anna, Texas (the City), for
the year ended September 30, 2011, in accordance with auditing standards generally accepted in the
United States of America, we considered the City's internal control over financial reporting (internal
control) as basis for designing our auditing procedures for the purpose of expressing our opinion on the
financial statements and not for the purpose of expressing an opinion on the effectiveness of the City's
internal control.
However, during our audit we became aware of a matter that is an opportunity for strengthening internal
controls and operating efficiency. The memorandum that accompanies this letter summarizes our
comments and suggestions regarding this matter. This letter does not affect our report dated March 29,
2012, on the financial statements of the City. The recommendation should in no way be construed as
derogatory towards management.
We will review the status of this comment during our next audit engagement. We have already discussed
this comment and suggestion with management, and we will be pleased to discuss it in further detail at
your convenience, to perform any additional study of the matter, or to assist you in implementing the
recommendation.
LaFollett and Company, PLLC
r
LaFollett &Company PLLC
PO Box 717 •Tom Bean, TX • 75489
903-546-6975 • www.lafollettcpa.com
Management Letter Point
Current Year Recommendations
• We recommend the City begin periodically reconciling the accounts payables ("a/p")
sub4edgers to the system balances.
Due to no reconciliation process in place for accounts payable, the Water Fund alp
balance was overstated by $208,612 and the General Fund alp was overstated by $40,482.
and Company PLLC
Certified Public Accountants
March 29, 2012
To the City Council of the
City of Anna, Texas
We have audited the financial statements of the City of Anna, Texas (the "City") for the year
ended September 30, 2011, and have issued our report thereon dated March 29, 2012.
Professional standards require that we provide you with information about our responsibilities
under generally accepted auditing standards, and Government Auditing Standards, as well as
certain information related to the planned scope and timing of our audit. We have cominunicated
such information in our engagement letter to you dated June 24, 2011. Professional standards
also require that we communicate to you the following information related to our audit.
Significant Audit Findings
Qualitative Aspects ofAccounting Practices
Management is responsible for the selection and use of appropriate accounting policies. The
significant accounting policies used by the City are described in Note A to the financial
statements. The City adopted accounting policies during fiscal year 2011 to conform to
Governmental Auditing Standards Board (GASB) Standard 54 — Fund Balance Reporting in
Governmental Type Funds. We noted no transactions entered into by the City during the year for
which there is a lack of authoritative guidance or consensus. All significant transactions have
been recognized in the financial statements in the proper period.
Certain financial statement disclosures are particularly sensitive because of their significance to
financial statement users. The most sensitive disclosure affecting the financial statements was:
The disclosure of long-term debt in Note F to the financial statements. This disclosure
provides detail of debt terms, future payments, interest rates, and other information for
each debt.
Difftculties Encountered in Performing the Audit
We encountered no significant difficulties in dealing with management and performing and
completing our audit.
LaFoliett &Company PLLC
PO Box 717 a Tom Bean, TX a 75489
903-546-6975 www.lafollettcpa.com
Corrected and Uncorrected Misstatements
Professional standards require us to accumulate all known and likely misstatements identified
during the audit, other than those that are trivial, and communicate them to the appropriate level
of management. Management has corrected all such misstatements. The following misstatements
detected as a result of audit procedures were corrected by management: See separate listing of
audit adjustments.
Disagreements with Management
For purposes of this letter, professional standards define a disagreement with management as a
financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction,
that could be significant to the financial statements or the auditor's report. We are pleased to
report that no such disagreements arose during the course of our audit.
Management Representations
We have requested certain representations from management that are included in the
management representation letter dated March 29, 2012.
Management Conszrltations with Other Independent Accountants
In some cases, management may decide to consult with other accountants about auditing and
accounting matters, similar to obtaining a "second opinion" on certain situations. If a
consultation involves application of an accounting principle to the City's financial statements or
a determination of the type of auditor's opinion that may be expressed on those statements, our
professional standards require the consulting accountant to check with us to determine that the
consultant has all the relevant facts. To our knowledge, there were no such consultations with
Aber accountants.
Other• Audit Findings or Isszres
We generally discuss a variety of matters, including the application of accounting principles and
auditing standards, with management each year prior to retention as the City's auditors.
However, these discussions occurred in the normal course of our professional relationship and
our responses were not a condition to our retention.
Other Information in Documents Containing Audited Financial Statements
With respect to the supplementary information accompanying the financial statements, we nnade
certain inquiries of management and evaluated the form, content, and methods of preparing the
information to determine that the information complies with U.S. generally accepted accounting
principles, the method of preparing it has not changed from the prior period, and the information
is appropriate and complete in relation to our audit of the financial statements. We compared and
reconciled the supplementary information to the underlying accounting records used to prepare
the financial statements or to the financial statements themselves.
This information is intended solely for the use of the City Council and management of the City
of Anna, Texas is not intended to be and should not be used by anyone other than these specified
parties.
fi�
CITY OF ANNA, TEXAS
ANNUAL FINANCIAL REPORT
FOR THE YEAR ENDED
SEPTEMBER 30, 2011
CITY OF ANNA, TEXAS
ANNUAL FINANCIAL REPORT
FOR THE YEAR ENDED SEPTEMBER 30, 2011
Table of Contents
FINANCIAL SECTION
Page
Independent Auditor's Report.............................................................. 1-2
Required Sup�lementar�Information:
Management's Discussion and Analysis .............................................. 3-8
Basic Financial Statements
Government -wide Financial Statements
Statement of Net Assets............................................................. 9-10
Statement of Activities. . 4 * 6 # 4 V 9 . V 6 0 6 4 * 4 V 9 . 0 9 * V 9 V 4 1 * 9 0 0 # 0 * 6 6 6 V % 9 0 P V 4 q * 0 0 6 0 0 V * * V * 6 V * *.* I I
Fund Financial Statements
Reconciliation of the Governmental Fund Balance Sheet to the Statement
ofNet Assets........................................................................ 13
Statement of Revenues, Expenditures, and Changes in Fund Balances —
Governmental Funds. . * * S 6 0 * 9 * 4 0 9 0 a a a k a 0 & of 0 * 4 4 1 a W a 0 9 4 9 * 0 0 6 a 4 6 6 * t . . . 9 a * P 0 & . a 6 6 4 q a 0 $ 14
Reconciliation of the Governmental Funds Statement of Revenues,
Expenditures, and Changes in Fund Balances to the Statement of Activities 15
Statement of Net Assets —Proprietary Fund ..................................... 16
Statement of Revenues, Expenses and Changes in Fund Net Assets —
Proprietary Fund................................................................... 17
Statement of Cash Flows — Proprietary Fund .............................. 18
Notes to Basic Financial Statements....................... 19-33
Required Supplementary Information:
Budgetary Comparison Schedule —General Fund .................................. 34
Pension Funding Data.................................................................. 35-37
COMPLIANCE AND INTERNAL CONTROLS SECTION
Report on Compliance and on Internal Control Over Financial Reporting Based
on an Audit of Financial Statements Performed in Accordance with Go>>enznient
Auditing Stwidnrds............................................................... 38-39
FINANCIAL SECTION
aIna Company PLLC
Certified Public Mo ntants
INDEPENDENT AUDITOR'S REPORT
To the City Council of the
City of Anna, Texas
We have audited the accompanying financial statements of the governmental activities, the
business -type activity, the discretely presented component units, each major fiend, and the
aggregate remaining fund information of the City of Anna, Texas (the City), as of and for the
year ended September 30, 2011, which collectively comprise the City's basic financial
statements as listed in the table of contents. These financial statements are the responsibility of
the City's management. Our responsibility is to express opinions on these financial statements
based on our audit.
We conducted our audit in accordance with auditing standards generally accepted in the United
States of America and Government Auditing Standards, issued by the Comptroller General of the
United States. Those standards require that we plan and perform the audit to obtain reasonable
assurance about whether the financial statements are free of material misstatement. An audit
includes examining, on a test basis, evidence supporting the amounts and disclosures in the
financial statements. An audit also includes assessing the accounting principles used and
significant estimates made by management, as well as evaluating the overall financial statement
presentation. We believe that our audit provides a reasonable basis for our opinions.
In our opinion, the financial statements referred to above present fairly, in all material respects,
the respective financial position of the governmental activities, the business -type activity, the
discretely presented component units, each major fund, and the aggregate remaining fiind
information of the City of Anna as of September 30, 2011, and the changes in financial position
for the year then ended, in conformity with accounting principles generally accepted in the
United States of America.
In accordance with Government Aasditing Standards, we have issued a report dated March 29,
2012 on our consideration of the City's internal control over financial reporting and ot>r tests of
compliance with certain provisions of laws, regulations, contracts and grants. The purpose of that
report is to describe the scope of testing of internal control over financial reporting and
compliance and the results of that testing, and not to provide an opinion on the internal control
over financial reporting or on compliance. The report is an integral part of an audit performed in
accordance with Govermnent Auditing Standards and should be considered in assessing the
results of our audit.
La Follett &Company PLLC
PO Box 717 •Tom Bean, TX a 75489
903-546-6975 www.lafollettcpa.com
Accounting principles generally accepted in the United States of America require that the
management's discussion and analysis and budgetary comparison information on pages 3
through 10 and page 36 be presented to supplement the basic financial statements. Such
information, although not a part of the basic financial statements, is required by the
Governmental Accounting Standards Board, who considers it to be an essential part of financial
reporting for placing the basic financial statements in an appropriate operational, economic, or
historical context. The retirement system funding information on pages 37 through 39 is also not
a required part of the basic financial statements but is supplementary information required by
accounting principles generally accepted in the United States of America. We have applied
certain limited procedures to the required supplementary information in accordance with auditing
standards generally accepted in the United States of America, which consisted of inquiries of
management about the methods of preparing the information and comparing the information for
consistency with management's responses to our inquiries, the basic financial statements, and
other knowledge we obtained during our audit of the basic financial statements. We do not
express an opinion or provide any assurance on the information because the limited procedures
do not provide us with sufficient evidence to express an opinion or provide any assurance.
LaFollett &Company, PLLC
Tom Bean, Texas
March 29, 2012
2
CITY OF ANNA
MANAGEMENT'S DISCUSSION AND ANALYSIS
Our discussion and analysis of City of Anna's (the City) financial performance provides an overview of the
City's financial activities for the fiscal year ended September 30, 2011. Please read it in conjunction with the
City's financial statements, which begin on page 11.
FINANCIAL HIGHLIGHTS
• The assets of the City exceeded its liabilities at the close of FYI 1 by $30,111,G52. This is an increase of
$1,501,346 over FYI O's net asset value of $28,610,306. Unrestricted net assets at the close of FY 11 are
$3,988,760 and may be used to meet the City's ongoing obligations to citizens and creditors. This is an
increase of $642,095 over FY10's unrestricted net asset value of $3,346,665.
• The City's total net assets increased by $1,501,346, or 5.2%, as a result of $1,874,902 of street, drainage,
and other capital contributions. Net assets decreased by $373,556 when these non -operating contributions
are excluded from 2011 results.
• The City's governmental funds reported on page 12 have an ending fund balance of $2,621,810, which is
an increase of $116,875 in comparison with FYI ending fund balances of $2,504,935. $2,097,832 of the
fund balance is classified as "unassigned" and available for spending at the City's discretion and in
compliance with the City's financial policies.
USING THIS ANNUAL REPORT
This annual report consists of a series of financial statements. The government -wide financial statements
include the Statement of Net Assets and the Statement of Activities (on pages 9-11). These provide information
about the activities of the City as a whole and present a long-term view of the City's financial condition. They
reflect the flow of total economic resources in a manner similar to the financial reports of a business enterprise.
Fund financial statements (starting on page 12) report the City's operations in more detail than the government -
wide statements by providing information about the City's most significant funds. Governmental fund
statements tell how services were financed in short-term, as well as what resources remain for future spending.
They reflect the flow of current financial resources, and supply the basis for funding requests and the
appropriations from the State. Proprietary fund financial statements report activity for the City's water, sewer,
and sanitation operations.
The notes to the financial statements (starting on page 19) provide narrative explanations or additional data
needed for full disclosures for the government -wide statements and the fund financial statements.
Reporting the City as a Whole —Government-Wide Financial Statements
The Statement of Net Assets and the Statement of Activities
Government -wide financial statements, which provide an analysis of the City's overall financial condition and
operation, begin on page 9. The primary objective of these statements is to show whether the City's financial
condition has improved or deteriorated as a result of the year's activities.
The statement of Net Assets includes all the City's assets and liabilities (including long-term items) while the
Statement of Activities includes all the revenue and expenses generated by the City's operations during the
year. Government -wide statements utilize the accrual basis of accounting, which is the same method used by
most private sector companies.
c
All of the current year's revenue and expenses are taken into account regardless of when cash is received or
paid. The City's revenue is divided into the following categories: 1) charges for services, 2) operating grants
and contributions, 3) capital grants and contributions, 4) general revenues not associated with any specific
program function. All of the City's assets are reported whether they serve the current or future years.
Liabilities are also reported regardless of whether they must be paid in the current or future years.
These two statements report the City's net assets and changes in them. The City's net assets (the difference
between assets and liabilities) provide one measure of the City's financial health or financial position. Over
time, increases or decreases in the City's net assets are one indicator of whether its financial health is improving
or deteriorating. To fully assess the overall health of the City, you should consider non -financial factors as
well, such as changes in the City's request for services from citizens and the condition of the City's facilities.
In the Statement of Net Assets and the Statement of Activities, the City has two kinds of activities:
Governmental Type Activities —City services such as police and fire protection, street maintenance, and city
administration are reported here. City property taxes finance most of these activities.
Business -Type Activities -The City uses proprietary (business -type) finds to account for its water, sewer,
and sanitation operations. The services are supported by monthly charges to citizens.
Reporting the City's Most Significant Funds
Fund Financial Statements
The fund financial statements begin on page 12 and provide detailed information about the most significant
fimds. The City's two kinds of funds -governmental and proprietary — use different accounting approaches.
Governmental Funds —The City reports most of its basic services in governmental fimds. Governmental
funds use the modified accrual basis of accounting (a method that measures the receipt and disbursement of
cash and other financial assets that can be readily converted to cash) and they report balances that are available
for future spending. Governmental fund statements provide a detailed short-term view of the City's general
operations and the basic services it provides. We describe the accounting differences between governmental
activities (reported in the Statement of Net Assets and the Statement of Activities) and governmental funds in
reconciliation schedules found on pages 13 and 15.
Proprietary Funds —The City uses proprietary (business -type) funds to account for its water, sewer, and
sanitation operations. The full -accrual basis of accounting is used for all proprietary type funds.
GOVERNMENT -WIDE FINANCIAL ANALYSIS
Seventy-five percent (75%) of the City's net assets are invested in capital assets; land, buildings, vehicles and
electronic equipment, less any outstanding debt used to acquire these assets. The City uses capital assets to
provide services to the citizens they serve; consequently, these assets are not available for future spending.
The following tables stnntnarize the Statement of Net Assets and Changes in Net Assets for the year ended
September 30, 2011:
Current and other assets
Capital assets
Total assets
Long-term liabilities outstanding
Other liabilities
Total liabilities
Net assets:
hnvested in capital assets, net of
related debt
Restricted
Unrestricted
Total net assets
Revenues:
Program Revenues:
Charges for services
Operating grants and contributions
Capital grants and contributions
General Revenues:
Property taxes
Other taxes and franchise fees
Other
Expenses:
General government
Parks
Public safety
Streets
Debt service - interest
Development/Inspections
Water/Sewer/Sanitation
Excess (deficiency) of revenues
over expenditures before n•ansfers
Transfers In (Out)
Increase in net assets
Net assets - October I (beginning)
Net assets - September 30 (ending)
Governmental Activities
FYI FY10
$ 3,101,078 It
16,026,492
1 % 127,570
4,944,345
341,955
5,286,300
11,048,398
156,274
2,636,598
$ 13,841,270
2999203
I518390661
18,838,864
4,89%828
140,535
5,040,363
10,939,833
206,256
21652,412
$ 13,798,501
Governmental Activities
FYll FY10
$ 471,048
52,548
648,296
2,418,445
871,480
162,002
4,623,819
899,628
264,779
1,882,199
853,980
208,551
412,775
$ 267,108
182,847
889,152
Business -type Activities Total
FY11 FY10 FY11 FY10
$ 5,81 11315
31,234,383
37,045,698
19577,132 ,
It 198,184
20,775,316
t 1,657,252
3,2609968
1,352,162
$ 16,270,382
5
$ ,322,5 18
3019534045
36,275,230
1 %960$621
115029804
21,463,425
10,992,423
3,125,129
694,253
$ 14,811,805
Business -type Activities
FY11 FY10
$ 4,329,000
1,233,569
2,407,914 -
796,803 -
72,010 236,935
015,834 51799,504
Oil
1,386 -
200,431 -
1,643,698
8W894
220,033 -
274,589
- - 4,40005
4,521,912 4,231,031 41400,065
101,907
(59,138)
42,769
13,798,501
13,841,270
$
384,803 1,399,439
(366,799) .59,138
18,004 1,458,577
13,780,497 14, 8111805
$ 13,798,501 $ 16,270,382
$ 8,912,393
47,2604875
56,173,268
24,521,477
1,540,139
26,061,616
22,705,650
3A 17,242
3,988,760
$ 30,1 I I ,652
Total
$ 8,321,388
46,792,706
55,114,094
24,860,449
11643,339
26,503,788
21,932,256
3,331,385
3,346,665
$ 28,610,306
FYll FY1U
$ 3,653,989 $ 4,800,048
- 52,548
1,881,865
- 2,418,445
- 87 I ,480
137,322 398,937
3,791,311 10,423,323
- 899,628
- 264,779
1,882,199
853,980
208,551
412,775
4,261,246 4*400,065
45261,246 8,921,977
(4697935) 1,501>346
366,799 -
(103,136) 1,501,346
14,9147941 28,610,306
$ 10117805 $ 30,1 11452
$ 3,921,097
182,847
88% 152
2,407,9 14
796,803
209,332
8,407,145
1,011,386
200,431
1,643,698
88Q,894
220,033
274,589
4,261,246
8,492,277
(85,132)
(85,132 j
28,695,438
$ MUM
5
FINANCIAL ANALYSIS OF THE GOVERNMENT -WIDE STATEMENTS
Net assets of the City's governmental activities increased from $13,798,501 to $13,841,270. Unrestricted net
assets — the part of net assets that can be used to finance day-to-day operations without constraints established
by debt covenants, enabling legislation, or other legal requirements is $2,636,598 for governmental activities.
FINANCIAL ANALYSIS OF THE CITY'air UNDS
The City's governmental funds (as presented in the balance sheet on page 12) reported a combined fund balance
of $2,621,810 compared to $2,504,935 in FY10. This represents an increase of $116,975. The City has capital
projects and debt service funds to properly account for governmental asset construction that is financed by
borrowed funds.
Revenues and other financing sources for the City's general fund were $3,540,011, while total expenses and
other financing uses were $3,497,240. This resulted in an excess of revenues over expenditures of $42,771
from current operations (see page 14). Last year's result was an excess of revenues over expenditures of
$257,945. The largest increases in FYI] general fund expenditures came from the fire and development
departments. The largest increase in FYI general fund revenues came from development fees and sales taxes.
Revenues for the City's Utility Fund were $4,565,944, while total expenses were $4,400,065. This resulted in
income before contributions and transfers of $165,880. (see page 17) This is an improvement over 2010's loss
before contributions and transfers of $469,936. The main reason for the improvement was a $459,432 increase
in water revenues for 2011 0
CAPITAL ASSET AND DEBT ADMINISTRATION
Captital Assets
The City's investment in capital assets for all activities as of September 30, 2011 amounts to $47,260,878
compared to $46,614,781 (net of accumulated depreciation) at September 30, 2010. This investment in capital
assets includes land, buildings and improvements, street improvements, water and sewer systems, equipment
and vehicles. The total increase in the City's net investment in capital assets for the current fiscal year was
$646,097. Major capital asset purchases during 2011 related to the on -going improvements to the water and
sewer system financed through the Greater Texoma Utility Authority, a new fire truck, and other improvements.
The City also received $1,874,902 of street, drainage, and other capital contributions.
Long-term Debt
At year-end, the City had total notes, bonds and contractual obligations outstanding of $24,683,687. The City
issued one new $360,000 tax certificate of obligation during 20I 1 to finance new equipment. The City made all
required bond, note, and contractual obligation principal payments for 2011 which totaled $668,880.
The City also has two capital leases for equipment with a total year-end payable balance of $59,055. No new
capital lease agreements were created during the year. Capital lease principal payments totaled $36,797 and all
payments were made when due.
At the end of FYI 1, the City's total long-term commitments for governmental activities were $4,944,345 and
total long-term commitments for the Utility Fund are $19,577,132. Total long-term commitments for the City
decreased by $338,973 from 2010 to 2011.
6
ECONOMIC FACTORS AND NEXT YEAR'S BUDGETS AND RATES
During the last decade, when the City of Anna was faced with a decision of how to respond to the growth
pressures in the region, the city made a conscious choice to welcome and accommodate that growth. Part of that
choice involved significant financial investments in public safety, parks, and utility infrastructure so that the
City could accommodate and serve a rapidly growing population. Just over four years ago, the growth of the
national and local economy began to slow significantly. The number of new homes constructed in the City fell
from over five -hundred in 2006 to only seven in 2009.
This dramatic decline in growth has challenged the city's ability to fund the programs and infrastructure that we
have invested in so heavily over the past decade. Approximately 60% of our General Find revenue is derived
from property taxes. Since 2008, the value of existing properties has declined an average of over 3% per year.
That equates to a loss of over $43 million in value based on a year to year comparison. Even with $22 million
in new buildings and property added to the tax roll since 2008, the value of the 2011 tax roll is 5.5% lower than
the 2008 tax roll, and just under I % lower than the 2010 certified tax roll.
While we have not yet received the 2011-2012 certified tax roll, we are hopeful that property values will remain
stable during the next few years. We expect little or no increase in the value of existing properties, and it is still
possible that we may even see a modest decrease in the value of existing properties again next year.
Over the next few years, we expect that any increase in the city's overall property tax base will come from new
properties added to the tax roll. We have seen a notable increase in new residential construction for 2010 and
MI I where the city issued 26 and 92 single family building permits, respectively. This increase over the past
two years is a positive sign that the local economy may be improving; however, uncertainty surrounding
employment, housing prices, and our national economy continues to effect on our local economy here in Anna.
In spite of these challenges, the city has been able to maintain its commitment to building a safe, sustainable,
and connected community. Even with limited resources, the City of Anna continues to make modest
improvements. In 2009, the City started the annual Street Improvement Program which funds a major street
construction project each year. Last year the City budget included, for the first time, personnel for the Parks
program and full year funding for the Anna Fire Department which became a City department in July of 2010.
In order to Rind the FY 2012 budget, the city adopted a tax rate of $0.650332 per $100 valuation which is
identical to the tax rate adopted in FY 2011 and slightly less than the effective tax rate of $0.668035. The
effective tax rate is a calculated rate that would provide the city with about the same amount of revenue it
received last year on properties taxed in both years. Because of the decline in property values, the effective tax
rate is slightly more than the FY 2011 tax rate of $0,650332 per $100 valuation. With the adopted tax rate of
$0.650332, the owner of the average residential homestead in Anna will pay $728.37 in property taxes this year
which is $20.39 less than the FY 2011 tax levy. When compared with other cities in our area, the City of Anna
has one of lowest per -capita and average residential homestead property tax burdens. The adopted tax rate will
actually reduce the total tax levy on prior existing properties.
hl order to accommodate existing and projected growth, the city invested about $20 million over the last decade
to upgrade the water and sewer system. Up until two years ago, the city was able to pay about two-thirds of the
outstanding water and sewer debt with impact fees that are paid by a home builder when a new home is
constructed. As residential construction has declined, the resulting revenue from impact fees has fallen
dramatically. On October 1, 2010, the base rate for residential water customers increased from $18 to $22 per
month and the base rate for residential sewer customers increased from $18 to $22 per month. On January 1,
2012, an additional customer charge of $0.15 per 1000 gallons of water used was adopted to pay for the water
production fees now being charged by the North Texas Groundwater Conservation District.
7
While no additional rate increases have been proposed for FY 2012, the City is actively reviewing its existing
water and sewer rates. This evaluation is necessary to ensure that the City is able to meets its outstanding debt
obligations and prepare for future capital improvements that will be necessary to maintain utility service to our
community. In addition to reviewing our water and sewer rates, the city is actively managing its outstanding
debt. We have a series of planned debt refundings that will allow us to take advantage of low rates and develop
a more level and modest repayment structure.
Although the city has some challenges, there are many positive things happening in our community. The City
continues to see consistent increases in the amount of sales tax revenue collected each year, which is a
testament to the health of our local business climate. The sales tax revenue collected in 2010 was up 15.8% over
the sales tax revenue in 2009 and up again by over 10% in 2011 over 2010. While we expect these kinds of
dramatic increases to level off, we do not anticipate a decrease in sales tax revenue over the next year.
The City's Economic Development Corporation has taken a very proactive approach in encouraging new
businesses to locate in Anna and City staff continues to respond to a consistent stream of inquiries about
business and development opportunities in Anna. The City also continues to be very successful in receiving
grant funds to supplement local financial resources.
As Anna continues to grow, the City remains committed to the hometown ideal outlined in its strategic vision.
The FY 2012 budget is designed to preserve the quality of existing services. It reflects a continuing commitment
to improve the appearance and quality of community facilities, and a continuing investment in developing and
maintaining a quality workforce.
CONTACTING THE CITY'S FINANCIAL MANAGEMENT
This financial report is designed to provide our citizens, taxpayers, customers, and creditors with a general
overview of the City's finances and to show the City's accountability for the money it receives. If you have
questions about this report or need additional financial information, contact City Hall, at I 1 I North Powell
Parkway, P.O. Box 776, Anna, Texas 75409-0776 or (972) 924-3325.
0
�'
>~
LL
O
o�
V
O
Q
U
O
O cn CON
O 04�
N
69
o
Olt
cn
lf3
i
CO
M
O
M
00
'n
M
M
00
DD
�O
In
[�
N
00
c�
N
N
N
N
O\
mt
�t
�D
t`
O
�t
N
h
0)
a,
00
to
00
O\
O
cn
O
to
+�
N
�
�
k
d�
Nt
cn
-�
b9
N
00
O
O
N
cn
tr)00
' cn
'n
t`
00
a
00
CN
O
CIO0
to
00
00
co
cn
VJ
�n
O
00
o0
I n
O
l n
oo
O
t�
N
N
O
V
vi
rr
et
WN
rt
O\
t�
fn
O
N
IN
O
O
N
O
00
O�
O
kn
in
O1
O,
O
00
V'
M
01
cn
cn
O
t�
v
•
ti
Q
fn
w
'
'
'
'
`�°
rn
00
Obi
�
00
00
f)
in
U)
'n
\to
O
�t
N
d IN
O\4h
kn
ON
'�Y
N
IOC
00
kn
cn
00
a\
O
�o
00
ON
kn
Vl
V
C
d
N
kn
dm
�1
O
G
N
_ V
N
Q h y v � CCS N
-�Cri A
CA
U N c ,Y Own `� rA V
Cl
N O bA V a�d� fo
y y ate-+ 'b V V C O, Lf) > O
C) • O
ti C C .o "O ,u 04
'O .O .O ,9 O y .O j:, pro � QN yvp� 'O � N
�1 0 ' a c� a 3 m a fn
Qvz�4a.w P4z Q h
O
N
4
W
,c
N
�
•U
¢
O
0
00
o
t�
rr
d
oo
N
o0
d
N
mot'
rn
cn
n
�O
d'
t
N
�O
•
'ct
C7
-O
o0
00
cn
D
cn
r�
p!
Fr'7
ti
O
� = N
Q. ; C
cn
a¢�¢u
M
^-'
M
d'
O
a1
rn
N
M
Mcq
�t
cn
O
N
O
M
N
�
N
Mrn�ro
0o
O
N
l�
O
Vl
�
CO
an
m
rn
�O
0�
C+1
cn
fV
N
cc
rr)
�i-
�t
rn
N
O
00
�t
vi
N
M
F°+
U
A,
N
>
V
7
m
N
NILI
>
V
Q
O
c7
ti
V
�
Oa
,..
A
❑
�
U
O
W
y,
N
V•
U
40.A
F
�
s
�
U
f�
�
M
00
N
M
N
Vl
00
O\
N
V)
v,
th
O
v)
<t
N
0�
O\
rh
O1
N
00
00
.-.
`.
00
.-.
o
N
65
69
7
n
00
Vim
=
�O
m
00
N
M
N
G,
In
oo
ON
N
M
't
tV
h
00
�
O
O
O
vl
SO
�..
M
�
�O
d'
N N
v; o
In ~
O
O
O
h
ohO
N
ON
N
h
O
00
od
O\
\
CM
O\
h
00
N
N
ON
t
h�
h�
in
N
M
O)
M
O`
N
V
GO
rn
r7
�o
h
O
\O
C)
d,n
-
w
00
b9
N
N
h
N
N
N
N
M
ri
N
N
� I ,
N
�n
O
O
h
N
Cj'
f�
0`
O
O
N
OItt
O4 , M , ,
h v) h 0 oho ono
N1 M CO
�! N �o
N N N
ss
V) t!^i ln o � op, roo �
M N fV `O O1
oc N h O°\i Ohs C1
v N N M d-
ss
h O\ N V) O Cal
d' fr1 Vl h O h d' O V)
Vl D; 00 Q\ h oY 00 N) (f) �O
00
M r7 h O ^+ O< 00 O
N M
69
,n 7 rn
h rn h oo h o 00
O V < W M
h I In �
^'� N <t CC N of
r
U
60q E
Cd
�
n d' (O 00 coo i O 00 cr�00 Oo ^ CD In
v)
Ct1
00 h00�U
ct W)i m N IN 7 a\ l re� 00
N M M M
co
N
W
O
Cd
C1
on
w
N
O O
� C)
L
7N O\ U
C y 03
cn
n 0U
> O
ej cA 01)
cri
au
y X d O w. n C
U C ❑ U tC
V U Wj w R7 .� vUi y O
y > ? U
cz r zz
� M O
c1 vi
�l C�
tsj
ti
U
cl V
E v ou ej °on >
° C> .di 0
8
VI 0
ec o w) u m E o
4 y
v a u C a x? a o a c
> oA O o L 'u
6Qwc7c°U c�¢a �N pH
a` U
City of Anna, Texas
Balance Sheet - Governmental Type Funds
September 30, 2011
Assets
Current assets:
Cash and cash equivalents
Accounts receivable - net
Due from other funds
Total current assets
Liabilities
Current liabilities:
Accounts payable
Accrued liabilities
Due to other funds
Deferred tax and court revenue
Total current liabilities
Fund Balances
Restricted
Assigned -Fire Station Improvements
Unassigned
Total fund balances
Total liabilities and fund balances
Governmental Fund Types Total
Capital Debt Governmental
General Projects Service Funds
$ 2,227,612 $ 282,562 $ 48,697 $ 2,558,870
254,200 - 115448 265,648
202,080 - - 202,080
2,683,891 282,562 605145 3,0261598
197,337 - - 197,337
111,844 - - 111,844
- 17,999 - 175999
%221 - 91387 775608
377,402 17,999 %387 404,788
156,274 264,563 50,758 471,595
52,383 - - 52,383
2,0971832 - - 2,097,832
2,306,489 2643563 50,758 2,621,810
$ 2,683,891 $ 2821562 $ 60,145 $ 3,026,598
The accompanying notes are an integral part of these financial statements.
12
City of Anna, Texas
Reconciliation of the Govet nmental Funds Balance Sheet
to the Statement of Net Assets
For the Year Ended September 30, 2011
Fund balances of governmental funds
Amounts reported for governmental activities in the statement of net assets
(page 12) are different because:
Capital assets used in governmental activities are not financial resources and,
therefore, are not reported in the funds.
Accrued interest payable does not require the use of current financial
resources and, therefore, are not reported in the governmental funds.
Prepaid debt issuance costs are not financial resources and, therefore, are not
reported in the funds.
Long-term liabilities, including bonds payable, are not due and payable in the
current period and, therefore, are not reported in the funds.
Property taxes and court revenue not received at year-end are shown as
deferred income on the fund financial statements, but the amount sliould not
be shown as a liability on the statement of net assets.
Net assets of governmental activities
$ 2,621,810
] 6,026,492
(32,774}
92,480
(4,944,345)
77,607
$ 13,841,270
The accompanying notes are an integral part of these financial statements.
13
City, of Anna, Texas
Statement of Revenues, Expenditures, and Changes in Fund Balances -Governmental Funds
For the Year Ended September 30, 2011
Revenues
Taxes:
Property
Sales
Franchise
Development fees and permits
Intergovernmental
Court
Fire
Other revenue
Investment earnings
Police
Parks
Grants
Total revenues
Expenditures
Current:
Police
Administrative and general
Development
Fire
Streets
Ambulance
Court
Parks
Capital outlays
Debt service:
Principal retirement
Interest expense
Total expenditures
Excess of revenues over (water) expenditures
Other financing sources (uses)
Certificate of obligation proceeds
Transfers in
Transfers (out)
Total other financing sources(uses)
Net changes in find balances
Fund balances - beginning (General Fund restated)
Fund balances - ending
Governmental Fluid Types
Total
General Capital Projects Debt Service Governmental
$ 2,049,025 $ - $ 355,772 $ 2,404,798
5375544 - - 5373544
333,936 - - 333,936
278,051 - - 278,051
91,400 - - 915400
87,877 - - 87,877
625028 - - 62,028
44,119 - - 44,119
23,107 2,202 1,175 26,484
225106 - - 22,106
95798 - - 91798
11020 289,888 - 290,908
355407011 292,090 356,947 411893048
1,096,547 - - 1,096,547
8563762 19,880 900 677,542
411,206 - - 4115206
4135469 - - 413,469
1553894 - - 155,894
1023793 - - 102,793
79,479 - - 79,479
1013444 - - 101,444
212,205 398,649 - 610,853
61,682 - 262,055 323,737
5,761 - 194,311 200,071
3,4975240 4183529 457,266 4,3733035
423771 (1265439) (100,319) (183,987)
- 360,000 - 360,000
- - 107,636 107,636
(166,774) - (I66,774)
- 193,226 1075636 3007862
423771 66,787 7,317 1163875
232635718 197,776 41440 1504.935
The accompanying notes are an integral plti of these financial statements.
l4
City of Anna, Texas
Reconciliation of the Statement of Revenues,
Expenditures, and Changes in Fund Balances of Governmental Funds
To the Statement of Activities
For the Year Ended September 30, 2011
Amounts reported for governmental activities in the statement of activities (page lG) are
different because:
Net change in fund balances -total governmental funds (page 16)
Governmental fwtds report capital outlays as expenditures. However, in the statement of
activities the cost of those assets is allocated over their estimated useful lives and
reported as depreciation expense. This is the amount by which depreciation exceeded
capital outlays in the current period.
Non -cash capital contributions and other contributions not received within sixty days after year-end
are not reported as income in the governmental funds.
The increase in accrued interest does not require the use of cun•ent financial resources and, therefore
is not reported as an expenditure in the governmental funds.
Principal payments on long-term debt are an expenditure for the governmental funds, but this
expenditure is removed for the government -wide financial statements.
Prior year park grant revenues were not recorded as a receivable on the prior year fund financial
statements, but were accrued for the government -wide financials in the prior year. This revenue
recognized as 2011 revenue for the fund financial statements is removed for the government wide
financial statements.
Various other reclassifications and eliminations are necessary to convert from the modified accrual
basis of accounting to accrual Uasis of accounting. These include recognizing the change in deferred
revenue and various other items. The net effect of these reclassifications is to increase net assets.
Governmental funds report new certificates of obligations as a source of income from financing, but
this income source is removed for the government -wide financial statements.
Change in net assets of governmental activities (page 13)
$ 116,875
(49 I ,854)
641,343
(8,480)
323,737
(231,407)
52,555
(360,000)
$ 42,769
The accompanying notes are an integral part of these financial statements.
15
City of Anna, Texas
Statement of Net Assets - Proprietary Fund (Utility Fund)
September 30, 2011
Assets 2011
Current assets:
Cash and cash equivalents $ 11805,085
Accounts receivable - net 424,891
Inventory 104,700
Due from other finds 17,999
Total current assets 253525674
Noncurrent assets:
Restricted assets:
Cash held by GTUA 13907,883
Cash restricted for capital improvements 15353,085
Total restricted assets 3,2%968
Deferred charges -prepaid bond issue costs 399,752
Capital assets (non -depreciable):
Land 3505793
Construction in progress 923285
Capital assets (net of depreciation):
Plants, machinery, and equipment 30,7915306
Total capital assets 31,234,384
Total noncurrent assets 34,895,103
Total assets $ 375247,778
Liabilities
Current liabilities:
Accounts payable $ 62,111
Other liabilities 34,583
Bond interest payable 627,506
Due to General Fund 202,080
Customer deposits 473,984
Current portion of long-term debt 4045857
Total current liabilities 1,805,120
Noncurrent liabilities:
Bonds and notes payable 19,1725275
Total liabilities 201977,396
Net Assets
Investment in capital assets, net of related debt 11,657,252
Restricted - GTUA deposits 15907,883
Restricted - water and sewer improvements 15353,085
Unrestricted 113 52,162
Total net assets $ 16,270,382
The accompanying notes are an integral part of these financial statemernts.
16
City of Anna, Texas
Statement of Revenues, Expenses, and Changes in
Net Assets - Proprietary Fund (Utility Fund)
For the Year Ended September 30, 2011
2011
Operating revenues:
Water income $ 2,282,901
Sewer income 13327,044
Sanitation income 573,248
Developer and impact fees 11 %775
Water customer late fees 107,723
Connect, install, and tap fees 385085
Miscellaneous revenue 653794
Total operating revenues 45514,569
Operating expenses:
Water service 13545,960
Sewer service 504,581
Sanitation service 4975075
Depreciation 1,048,110
Total operating expenses 33595,725
Operating income 918,844
Non -operating revenues (expenses):
Interest income 51,375
Interest expense (782,175)
Bond amortization (22,165)
Total non -operating revenues (expenses) (752,964)
Income before contributions and transfers 1655880
Contributed capital assets 1,233,559
Transfers in 59,138
Transfers out
Changes in net assets 1,4583577
Total net assets - beginning (restated) 145811,805
Total net assets - ending $ 16,2703382
The accompanying notes are an integral part of these financial statements.
17
City of Anna, Texas
Statement of Cash Flows - Proprietary Fund (Utility Fund)
For the Year Ended September 30, 2011
Operating Activities:
Receipts from customers and users
Payments to suppliers
Payments to employees
Net cash provided (used) by operating activities
Capital and Related Financing Activities:
Cash paid for acquisition and construction of capital assets
Interest paid on capital debt
Principal payments on capital debt
Net cash provided (used) by capital and related financing activities
Non -capital and Related Financing Activities
Net cash provided (used) by non -capital and related financing activities
Investing Activities:
Interest received
Net cash provided (used) by investing activities
Net increase (decrease) in cash and cash equivalents
Cash and cash equivalents, October 1
Cash and cash equivalents, September 30
Reconciliation of Operating Income to Net Cash Pt•ovided
(Used) by Operating Activities:
Operating income (loss)
Adjustments to reconcile operating income to net cash provided (used)
by operating activities:
Depreciation and amortization expense
Decrease (increase) in accounts receivable
Decrease (increase) in inventory
Decrease (increase) in other assets
Increase (decrease) in accounts payable
Increase (decrease) in other liabilities
Increase (decrease) in customer deposits
Net cash provided by operating activities
Non -cash capital activities:
Transfer of capital assets from the capital projects fund
Contributions of capital assets
2011
$ 4,356,906
(230153775)
(541,258)
1,79%873
(186,824)
(900,100)
(3 83,490)
(I 5470,415)
51,375
51,375
380,834
114243251
$ 138057085
$ 918,844
1,070,275
(92,001)
(101,700)
(7,930)
(9,418)
4,881
19,922
$ 1,799,873
$ 59,138
$ 1,233,559
The accompanying notes are an integral part of these financial statements.
18
CITY OF A
NOTES TO FINANCIAL STATEMENTS
FOR THE YEAR ENDED SEPTEMBER 30, 2011
NOTE A -SUMMARY OF ACCOUNTING POLICIES
The City of Anna, Texas (the yHome Rule Charter city that operates under aCouncil-Manager
form of government. The City provides the following services: public safety, ambulance, streets, sanitation,
planning and zoning, and general administrative services. Other services include water, sewer, and
sanitation operations.
The financial statements of the City of Anna are prepared in accordance with Generally Accepted
Accounting Principles (GAAP). The City's reporting entity applies all relevant Governmental Accounting
Standards Board (GASB) pronouncements. Proprietary funds and similar component units apply Financial
Accounting Standards Board (FASB) pronouncements. The following is a summary of the more significant
policies:
1. The Reporting Entity
The accompanying financial statements present all finds relevant to the operations of the City and its
component units, entities for which the City is considered to be financially accountable. The component
units presented are those of separately administered organizations that are controlled by or dependent on the
City. Control or dependence is determined on the basis of budget adoption, taxing authority, funding, and
appointment of the respective governing board. Each component unit is reported in a separate column in the
government wide financial statements to emphasis that it is legally separate from the City.
Based on the criterion stated above, the Anna Community Development Corporation ("CDC") and the Anna
Economic Development Corporation ( EDC") are component units of the City. The CDC and EDC are
nonprofit organizations established to act on behalf of the City of Anna under the Development Corporation
Act of 1979, section 4B and 4A, respectively.
2. Government
The statement of activities demonstrates the degree to which direct expenses of a given function or segmerii
is offset by program revenues. Direct expenses are those that are clearly identifiable with a specific fiulction
or segment. Program revenues include: 1) charges to customers or applicants who purchase, use, or directly
benefit from goods, services, or privileges provided by a given function or segment, and 2) grants and
contributions that are restricted to meeting the operational or capital requirements of a particular function or
segment. Taxes or other items not properly included among program revenues are reported instead as
general revenues.
19
NOTES TO THE FINANCIAL STATEMENTS (CONTINUED)
Separate financial statements are provided for governmental_ _funds and proprietary funds. Major individual
governmental funds are reported as separate columns in the fiend financial statements.
3. Measurement Focus Basis o%AcUUIJA 1161 and Financial Statement Presentation
The government -wide financial statements are reported using the econornic resources rneasarrement focus
and the accrual basis of accounting, as are the proprietary fund financial statements. Revenues are
recognized when earned and expenses are recognized when a liability is incurred, regardless of the timing of
related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants
and similar items are recognized as revenue when all of the eligibility requirements imposed by the provider
have been met.
Governmental fund financial statements are reported using the current frnancial resources rneasurernent
focus and the modified accrual basis of accounting. Revenues are recognized when they become both
measurable and available as net current assets. Revenues are considered to be available when they are
collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this
purpose, the City considers revenues to be available if they are collected within 60 days of the end of the
current fiscal year. Gross receipts and sales taxes are considered measurable when in the hands of
intermediary collecting government and are recognized as revenue at that time. Expenditures are generally
recognized under the modified accrual basis of accounting when the related fund liability is incurred.
Exceptions to this general rule include; (1) accumulated unpaid vacation, sick pay, and other employee
amounts which are not accrued; and (2) principal and interest on general long-term debt which are
recognized when due.
Proprietary fiords distinguish operating revenues and expenses from non -operating items. Operating
revenues and expenses generally result from providing services and producing and delivering goods in
connection with a proprietary fimd's principal ongoing operations. All revenues not meeting this definition
are reported as non -operating revenues and expenses. All proprietary funds are accounted for using the
accrual basis of accounting. Their revenues are recognized when they are earned, and their expenses are
recognized when they are incurred. Unbilled utility services receivables related to water, wastewater, and
salutation services are recorded at year-end.
When both restricted and unrestricted resources are available for use, it is the City's policy to use restricted
funds first, then unrestricted resources as they are needed.
4, Fund Accounting
The accounts of the City are organized on the basis of fiords, each of which is considered to be a separate
accounting entity. The operations of each fluid are accounted for by providing a separate set of
self -balancing accounts, which are comprised of each fund's assets, liabilities, fiind equity, revenues and
expenditures or expenses, as appropriate. Government resources are allocated to and for individual funds
based on the purposes for which they are to be spent and the means by which spending activities are
controlled. The City, for financial purposes, includes all of the funds relevant to the operations of the City of
Anna. The various funds are grouped, in the financial statements in this report, into two fund categories as
follows:
20
NOTES TO THE FINANCIAL STATEMENTS (CONTINUED)
GOVERNMENTAL FUND TYPES
General Fund
The General Fund is the general operating fund of the City. It is used to account for all financial resources
except those required to be accounted for in another fund.
Debt Service Fund
Accounts for the resources accumulated and payments made for principal and interest on long-term general
obligation debt of governmental funds.
Capital Projects Fund
Accounts for the acquisition and construction of governmental type assets from expenditures of debt
proceeds, capital grants, or other sources restricted for governmental type asset acquisition.
PROPRIETARY FUND TYPES
Utility Fund
Account for operations (a) that are financed and operated in a manner similar to private business
enterprises -where the intent of the governing body is that the costs (expenses, including depreciation) of
providing goods or services to the general public on a continuing basis be financed or recovered primarily
through user charges or (b) where the governing body has decided that periodic determination of revenues
earned, expenses incurred, and/or net income is appropriate for capital maintenance, public policy,
management control, accountability, or other purposes. The Utility Fund accounts for the water, sewer, and
sanitation services provided by the City.
5. Cash and Cash Equivalents
For purposes of the statement of cash flows, the City considers all highly liquid investments available for
current use with an initial maturity of three months or less to be cash equivalents. Other deposits with longer
maturities are classified as investments.
G. Capital Assets
Property, plant and equipment used in governmental fiord type operations are shown on the statement of net
assets, rather than governmental fiends. General fixed assets including land, buildings, equipment, roads,
bridges, streets and sidewalks.
All property, plant and equipment are valued at historical cost or estimated historical cost if actual historical
cost is not available. Donated property, plant and equipment are valued at their estimated fair value on the
date donated. Depreciation is provided in the enterprise funds in amounts sufficient to relate the cost of the
depreciable assets to operations over their estimated service lives on the straight-line basis.
21
NOTES TO THE FINANCIAL STATEMENTS (CONTINUED)
The service lives by type of asset are follows:
Depreciable
Asset Category Life in Years
Buildings 20
Water & Sewer System infrastructure 35.
Equipment 3-10
Streets 20
7. Long Term Liabilities
Long-term liabilities expected to be financed from governmental find types are shown on the statement of
net assets, rather than governmental funds. Principal payments for this debt are expensed on the fund
financial statement, but this expense is removed for the government -wide statement of activities.
8. Due To and From Funds
Outstanding balances between funds at the end of the fiscal year are referred to as either "due to/from other
funds". Any residual balances between the governmental activities and business -type activities are reported
in the government -wide financial statements as "internal balances".
9. Compensated Absences
It is the City's policy to permit employees to accumulate earned but unused vacation and sick pay benefits.
There is no liability for unpaid accumulated sick leave since the City will not pay any unused amounts when
employees separate from service with the City. Vacation pay is accrued in the government -wide and
proprietary financial statements.
10. Fund Balances
The Governmental Accounting Standards Board (GASB) has issued Statement No. S4, Fund Balance
Reporting crud Governmental Fund Type Definitions (GASB 54). This Statement defines the different types
of find balances that a governmental entity must use for financial reporting purposes in the fiend financial
statements for governmental type finds. It does not apply for the government -wide financial statements or
proprietary type funds.
GASB 54 requires the fund balance amounts to be properly reported within one of the following fund
balance categories:
Nonspendable -such as fund balance associated with inventories, prepaids, long-term loans and notes
receivable, and property held for resale (unless the proceeds are restricted, conunitted, or assigned)
Restricted -find balance category includes amounts that can be spent only for the specific purposes
stipulated by constitution, external resource providers, or tluough enabling legislation, .
Committed -find balance classification includes amounts that can be used only for the specific purposes
determined by a formal action of the Board of Directors (the district's highest level of decision -malting
authority),
22
NOTES TO THE FINANCIAL STATEMENTS (CONTINUED)
Assigned - hind balance classification are intended to be used by the government for specific purposes but
do not meet the criteria to be classified as restricted or committed, and
Unassigned - fund balance is the residual classification for the government's general fiord and includes all
spendable amounts not contained in the other classifications, and other fields that have total negative find
balances.
11. Budget and BudPetary Accorultin�
The official city budget is prepared for adoption for the Governmental Fund Type and the Proprietary Fund
Type during the month of September.
12. Revenue Recognition — Propert ty axes
Property taxes attach as an enforceable lien on property as of January 1. Taxes are levied on October 1 and
are due and payable at that time. All unpaid taxes levied October 1 become delinquent February 1 of the
following year. Property tax revenues are recognized when they become available. Available includes those
property tax receivables expected to be collected within sixty days after year-end.
NOTE B -CASH, CASH EQUIVALENTS, AND INVESTMENTS
As of September 30, 201 1, the City maintains banking accounts at Texas Star Bank, Independent Banlc, and
the state -operated Texpool system. The City's investments are limited to demand deposits and certificates of
deposits in financial institutions that are members of the FDIC.
At September 30, 2011, City's deposits held in its depository banks totaled $5,714,440 with $1,205,017
insured by the Federal Deposit Insurance Corporation. Securities have been pledged by the depository banks
to collateralize 100% of all remaining deposits.
Summary of deposits with financial institutions:
Primary government cash and cash equivalents
Restricted cash (non GTUA)
Less: petty cash
Deposits with financial institutions
Add: petty cash
Restricted deposits held by GTUA
Total primary government cash gird other deposits
NOTE C —PROPERTY TAX REVENUE
$ 4,207,681
1,509,359
(1,300)
5,715,740
1,300
1,907,883
$ 7,6243923
Property and personal taxes are billed and collected by the Collin County Tax Assessor/Collector. The total
property tax levy for the 2010/2011 tax year is $2,373,675. At September 30, 2011, $2,330,562 of the tax
has been collected, which is 98.2%.
23
NOTES TO THE FINANCIAL STATEMENTS (CONTINUED)
Ad valorem taxes are levied from valuations assessed as of January 1 and recognized as revenue on the date
of the levy on October 1. Property tax receivables are recognized when the City has an enforceable claim
against the property owner. In the govermnental funds, property tax revenue is recognized in the fiscal
period for which the taxes are levied, provided that they become available.
Available means collected within the current period, or expected to be collected soon enough thereafter, to
be used to pay current liabilities. The City's availability period is sixty days. Taxes collected prior to the
levy date to which they apply are recorded as deferred revenues and recognized as revenue of the period to
Witch they apply.
Current taxes are levied by October 1 and become delinquent if unpaid on February 1. Taxes unpaid as of
Tebruary 1 are subject to penalty and interest as the City Council provides by ordinance. The penalty is 6%
for the first month, and increased 1 % per month up to a 12% maximum. Under state law, property taxes
levied on real property constitutes a lien on the real property which cannot be forgiven without specific
approval of the state legislature.
NOTE D -RECEIVABLES
Receivables at September 30, 2011, consisted of the following:
Primary Goveniment Component Units
Economic Community
Debt Service Proprietary Development Development
General Fund Fund Fund Corporation Corporation
Property tax $ 667038 $ 11,448 $ - $ - $ -
Sales tax 943624 - - 47,312 47,312
Franchise tax and other 72,573 - - 147
Court fines 306,373 - - -
Loans (long-term) - - - - 995900
Utility bills - - 4553754 - -
Gross receivables 539,608 115448 4553754 47,459 147,212
Less: Allowance for
uncollectibles (2855408) - (30,863) - -
Net receivables $ 254,200 $ 115448 $ 424,891 $ 47,459 $ 1475212
NOTES TO THE FINANCIAL STATEMENTS (CONTINUED)
NOTE E -CAPITAL ASSETS
GOVERNMENTAL FUND TYPE ACTIVITIES
Governmental fund type capital asset activity for the year ended September 30, 2011 was as follows:
Beginning Retirements,
Beginning Balance Transfers, and
Balance Restatements Additions Reclassifications Ending Balance
Nondepreciable assets:
Land $ 132231676 $ 34,761 $ - $ - $ 1,258,437
Construction in progress - - 45,959 - 455959
Depreciable assets:
Park improvements 2,8503373 - - - 238505373
Buildings 9773423 16,128 - - 993,551
Furniture and fixtures 1033101 - - - 1033101
Streets and drainage 13,602,327 - 7891835 - 14,392,162
Machinery and equipment 13365,603 267,813 4413014 (48,048) 25026,382
Totals at historical cost 20J22,503 318,702 1,276,808 (48,048) 21,66%965
Less: Accumulated depreciation (414599016) (142,548) (1)1023707) 60,800 (556435471)
Governmental fund type capital
assets, net $ 151663,487 $ 176,154 $ 174,101 $ 12,752 $ 16,0263494
PROPRIETARYFUND TYPE ACTIVITIES
Proprietary fund type capital asset activity for the year ended September 30, 2011 was as follows:
Beginning Retirements,
Beginning Balance Transfers, and
Balance Restatements Additions Reclassifications Ending Balance
Nondepreciable assets:
Land $ 143,883 $ 206,910 $ - $ - $ 350,793
Construction in progress 9575989 (205,159) - (6%545) 92,285
Depreciable assets:
Furniture 5,620 - - - 5,620
Buildings and improvements 583737 - 427,507 - 486,244
Equipment 5721353 - 27,854 (71886) 5921321
Water treatment system 61856,136 - - 65856,136
Water and sewer system 27,236,472 886,840 6605545 283783,857
Totals at historical cost 35,831,190 1,751 1,342,201 (7,886) 37,167,256
Less: Accumulated depreciation (478795896) - (1,048,110) (45866) (559323872)
Proprietary fund type activities
capital assets, net $ 30,9511294 $ 1,751 $ 294,091 $ (12,752) $ 31,234,384
NOTES TO THE FINANCIAL STATEMENTS (CONTINUED)
Component unit capital asset activity for the year ended September 30, 2011 was as follows:
Beginning
Balance Additions Retirements Ending Balance
"DC component unit:
Nondepreciable assets:
Land $ 459,176 $ - $ - $ 4595176
Component unit capital assets,
net $ 45%176 $ - $ - $ 459,176
Depreciation for general fixed assets is included as an expense for goverrunental activities on the statement
of activities. Depreciation for proprietary type fluids are included in both the fund financial statements and
on the statement of activities.
Depreciation expense was charged to fimctions/programs of the primary government as follows:
Goveynr�zental activities:
Streets
Parks
Police
General government
Fire
Inspections
Total depreciation expense - governmental activities
Bz�srness-tyke activities:
Water and sewer
Total depreciation expense - business -type activities
NOTE F -LONG-TERM DEBT
$ 700,687
1635335
1285627
55,459
53,030
1,569
$ 1,102,707
$ 1,048,110
$ 1,048,110
The City has outstanding general obligation bonds, revenue bonds, notes payable, capital leases, and
certificates of obligation for the acquisition of capital assets and the construction of major capital facilities.
26
NOTES TO THE FINANCIAL STATEMENTS (CONTINUED}
The following is a schedule of future debt service requirements to maturity:
Total Governmental Activities Business -Type Activities
Fiscal Year
Ended Principal Interest Principal Interest Principal Interest
2012 731,981 1,048,041 327,124 204,551 404,857 843,490
2013 735,710 1,031,446 2895431 184,767 446,279 846,679
2014 8165902 11021,635 270,906 173,866 545,996 847,769
2015 1,233,000 998,604 2735000 162,642 960,000 835,962
2016 1,282,750 965,310 289,000 151,382 9935750 813,928
2017-2021 6,439,500 5,523,424 1,282,000 151683932 5,157,500 4,354,492
2022-2026 7,7073500 3,682,228 15790,000 680,946 55917,500 37001,282
2027-2031 3,2115250 15129,662 335,000 57,376 2,8761250 1,0725286
2032-2036 1,508,750 441,702 - - 1,508,750 441,702
2037-2041 766,250 114,690 - - 766,250 114,690
2042-2046
$ 24,433,592 $ 15,9561742 $ 45856,460 $ 2,784,462 $ 1 %577,132 $ 13,1723280
The following is a summary of the terms of the City's long-term debt at September 30, 2011:
Governmental Actn�ities:
2005 Combination Tax and Limited
Surplus Revenue Certificates of
Obligation
2007 Certificate of Obligation
2007 Revenue Bond
Capital lease for fire trick
Capital lease for Groundmaster
Fire truck note
2011 Tax Revenue Certificates of
Obligation
2009 Tax and Revenue Certificate of
Obligation
Fire rescue truck note
Police car #8 note
Compensated absences
Total Governmental Activities
Balance
Original Year of Final September 3Q Due Within
Amount Issue Maturity Interest Rate 2011 One Year
$ 2,480,000 2005 2/15/2026 3.5%-5.25% $ 2,080,000 $ 105,000
1,420,000 2007 2/IS/2027 3.9504to IS% 1,135,000 80,000
370,000 2007 2/15/2027 3.95%to 15% 290,000 20,000
161,017 2003 3/15/2012 5.35% 211651 211651
70,758 2010 2013 5.38% 37,404 16,979
170,000 2005 2012 5.625% 24,496 24,496
3%000 2011 2/15/2026 3.34% 360,000 -
9WON 2009 2/15/2026 4.28% (to 15% 8%000 35)000
on 02/15/2018)
55,000 2009 2/3/2014 5.00% 345615 10,974
37,988 2009 2/3/2012 5.00% 13,294 13,294
87,885 87,885
$ 41944,345 $ 415,279
27
NOTES TO THE FINANCIAL STATEMENTS (CONTINUED)
Business -Type Activities:
Balance
Original Year of Final September 30, Due Within
_ Purpose Amount Issue Maturity Interest Rate 2011 One Year
1976 Junior Lien Waterworks and
SeNver System Revenue Bonds $ 95,000 1976 9/30/2014 5% $ 15,000 $ 500
1976 General Obligation Water Bonds 100,000 1976 9/30/2016 5% 24,500 4,500
2005 GTUA contract 2,8855000 2005 5/1/2028 4.42% 2,180,000 -
Series 2006 GTUA contract revenue
bonds (12&15) 2,125,000 2006 6/l/2026 2.95%-3.75% 1,730,000 90,000
Series 2007 GTUA contract revenue
bonds 7605000 2007 5/1/2027 3.07%-5.57% 680,000 30,000
2007 GTUA contract 11105,000 2007 5/l/2027 3.07%-5.57% 15000,000 40,000
2007 GTUA contract 2,325,000 2007 6/1/2028 2.95%4.1% 200,000 85,000
2007 GTUA contract 3,365,000 2007 5/l/2032 3.07%-5.62% 3,285,000 25,000
2008 GTUA contract 540,000 2008 9/30/2027 2.29%-5.74% 480,000 20,000
CGMA Pipeline Project Phase I 700,000 2008 10/1/2028 2.29%-5.74% 581,250 21,250
CGMA Pipeline Project Phase II 25168,750 2008 9/30/2040 5.68%-5.83 2,1685750 -
CGMA Pipeline Project Phase III 1,250,000 2008 10/1/2036 2.67%-5.62% 1,1913250 413250
2009 combination tax and revenue 4.28% (to 15%
refunding bond 451655000 2009 2/15/2026 on 02/15/2018) 4,115,000 25,000
Backhoe note 875344 2009 2/2/2014 5% 465382 17,857
Total Business -Type Activities 193577,132 4043857
Total general debt (Governmental Type and Business -Type Activities) $ 24,521,477 $ 820,136
Comm�mity Developnaerrt Corporation (CDC)
Balance
Original Year of Final September 30, Due Within
Purpose Amount Issue Maturity Interest Rate 2011 One Year
Note payable 629,000 2008 8/1/2018 Federal fixed $ 438,214 $ 665603
rate plus 3 /o
Economic
Development Corportatiorr (EDC)
Note payable
Original Year of Final
Purpose Amount Issue Maturity hrterest Rate
4105400 2008
2018 5%
Balance
September 30, Due Within
2011 One Year
$ 3135230 $ 33,476
28
NOTES TO THE FINANCIAL STATEMENTS (CONTINUED)
Long-term debt activity for the year ended September 30, 2011 is as follows:
Beginning Due Within
Balance Additions Reductions Ending Balance One Year
Governmental activities:
2005 Combination Tax and Limited Surplus
Revenue Certificates of Obligation It 2,18Q000 $ - It (100,000) $ 2,080,000 $ 105,000
2007 Certificate of Obligation 11210,000 - (75,000) 13135,000 803000
2007 Revenue Bond 3105000 - (20,000) 290,000 205000
2011 Tax Revenue Certificates of Obligation - 3605000 - 360,000 -
Capital lease for fire truck 415739 (20,088) 21,651 21,651
Capital lease for Groundmaster 54,113 - (16,709) 37,404 16,979
Fire truck note 47,649 - (23,154) 24,495 241496
Police car note 14,140 - (14,140) -
2009 Tax and Revenue Certificate of Obligation
890,000 - (30,000) 860,000 35,000
Fire rescue truck note 45,060 (10,444) 34,616 10,974
Police car #8 note 255946 (12,652) 13,294 13,294
Other liabilities 81,181 61704 - 87,885 873885
Total Governmental activity long term liabilities $ 4,8993828 $ 366,704 $ (322,187) $ 4,944,345 $ 415,279
Beginning Due Within
Balance Additions Reductions Ending Balance One Year
Business activities:
1976 Junior Lien Waterworks and Sewer System
Revenue Bonds $ 1%500 $ - $ (45500) $ 15,000 $ 55000
1976 General Obligation Water Bonds 2%000 - (4,500) 24,500 41500
2005 GTUA contract 211805000 - 2,1805000 -
Series 2006 GTUA contract revenue bonds
(12&15) 1,8155000 - (857000) 1,730,000 9000
Series 2007 GTUA contract revenue bonds 705,000 - (25,000) 6803000 30,000
2007 GTUA contract 1,040,000 - (405000) 1,000,000 40,000
2007 GTUA contract 2,165,000 - (85,000) 230805000 853000
2007 GTUA contract 3,310,000 - (257000) 3,2853000 25,000
2008 GTUA contract 500,000 - (20,000) 480,000 20,000
CGMA Pipeline Project Phase I 601,250 - (20,000) 5815250 215250
CGMA Pipeline Project Phase II 25168,750 - - 25168,750 -
CGMA Pipeline Project Phase III 152235750 - (32,500) 1,191,250 41,250
2009 combination tax and revenue refunding
bond 4,140,000 - (255000) 41115,000 25,000
Backhoe note 63,372 - (165990) 46,382 17,857
Totals $ 1%9601622 $ $ (383,490) $ 19,577,132 $ 404,857
CONTRACTUAL OBLIGATIONS WITH GREATER TEXOMA UTILITYAUTHORITY
Under the terms of long term water supply and sewer service contracts between the City and Greater
Texoma Utility Authority (GTUA), the city recognizes that GTUA has an undivided ownership interest in
the City's water system and sewer collection and treatment facility equivalent to the percentage of the total
cost of the facility provided by GTUA through the issuance of GTUA bonds.
NOTES TO THE FINANCIAL STATEMENTS (CONTINUED)
The City has a contractual obligation to make payments specified by the contract to GTUA to pay the
principal and interest on the bonds, maintain a Reserve Fund for the security and payment of bonds similarly
secured, pay the administrative and overhead expenses of GTUA directly attributable to the bonds, and pay
any extraordinary expenses incurred by GTUA in connection with the bonds. Under terms of the contracts
the City's obligation to make payments to GTUA, as well as GTUA's ownership interest in the facilities
terminates, when all of GTUA's bonds issued in connection with construction of the facilities have been
paid in full, are retired, and are no longer outstanding.
Collin Grayson Municipal Alliance Transmission Water Pipeline
In 2004, the City, along with the City of Van Alstyne, Howe, and Melissa, formed a group called the Collin
Grayson Municipal Alliance ("CGMA"). CGMA entered into a long-term contractual obligation with GTUA
for the purpose of providing funds for the construction of a transmission water pipeline that will provide
water to CGMA cities. The cost of the pipeline is being funded in four phases.
Each CMGA city was required to make payments to GTUA in an amount equivalent to 25% of the total
obligation to cover their portion of the cost of the obligation until the pipeline project was completed. As
water continues to flow to each CGMA city, the City shall be charged it's percentage or fraction share of
debt service on the obligation based upon: the amount of water to be paid by the City under its water
contract (i.e. the greater of its minimums take -or -pay amount or the actual amount of water taken) divided by
the total amount of water to be paid by all CGMA cities. The sum of the four (4) fractional amounts shall
always equal 100% of the debt service on the contractual obligation with GTUA. The billing rates for each
City will be calculated to provide funds necessary to cover the contractual obligation, interest, repairs,
maintenance, and production costs.
At the end of the contractual obligation with GTUA, the City will own an undivided interest in the
transmission water pipeline based on the percentage of water it utilized and paid for during the contract
term. The contract will expire and the transfer of ownership will occur during the fiscal year ended
September 30, 2040, as long as no new debt is issued.
Component Unit Debt
Connmrnity Development Corpornlimt (CDC) Beginning Due Within
Balance Additions Reductions Ending Balance One Year
FY08 Bank note payable - Fed fixed rate plus
3% a.p.r. - Matures 2018 - Original amount was
$6293000 $ 50207 $ - $ (64,473) $ 438,214 $ 66,603
Economic Development Corporfa[ion (EDC) Beginning Due Within
Balance Additions Reductions Ending Balance One Year
FY08 Bank note payable - 5% a.p.r. -Matures
2018 -Original amount was $410,400
30
NOTES TO THE FINANCIAL STATEMENTS (CONTINUED)
NOTE G — LEASES
The City has entered into capital lease agreements for the purchase of vehicles and equipment. The
following is a schedule of the fixture minimum lease payments:
Year Ending
September 30,
2012
2013
Future minimum lease payments
Less: amount representing interest
Present value of minimum lease payments
Cost of equipment
Governmental Activities
Fire Truck Groundmaster
22,352 1 %904
- 19,904
22,352 39,808
(701) (2,404)
$ 215651 $ 37,404
$ 169,230 $ 70,758
NOTE H —FUND BALANCES AND RESTRICTED NET ASSETS
Governmental -Type Fund Balances
The City authorized the City Administrator to designate certain fund balances as assigned. Excluding
unassigned fiend balances, the following describes the City's fluid balance classifications at September 30,
2011:
Restricted Fund Balances
All fiend balances for the Capital Projects and Debt Service fields are restricted for the intended purpose of
these fields. Restricted Fund Balances of $161,025 for the General Fund represents assets restricted by law
or by agreements with third parties.
The following describes the various fund balance restrictions for the General Fund:
Impact fees for park improvements
Fire Department improvements
Eastside Park improvements
State Seizure funds held in trust
Municipal court building security
Court bond fluids held in trust
Sweetwater Crossing funds held in tr�rst
Impact fees for street improvements
Municipal court technology
Law enforcement officer training fluid
$ 66,094
32,546
28,804
10,545
7,669
5,130
2,327
1,500
1,067
516
Child safety programs 74
$ 156,274
31
NOTES TO THE FINANCIAL STATEMENTS (CONTINUED)
Assigned in Balances
The City assigned $52,383 of General Fund fiend balances to make future fire department improvements.
Proprietary Fund Net Assets
Net assets are reported as restricted when there are limitations imposed on their use either through the
enabling legislation adopted by the City or through external restrictions imposed by creditors, grantors or
laws or regulations of other govermnents.
At September 30, 2011, the City's net assets were restricted for the following purposes:
• The Utility Fund has restricted cash held by GTUA in the amount of $1,907,883 that will be used for
water and sewer system capital improvements and repayment of contractual obligations.
• The Utility Fund has restricted net assets in the form of cash deposits totaling $1,353,085 that will be
used for water and sewer system capital improvements and debt service related to such improvements.
NOTE I — INTERFUND RECEIVABLES, PAYABLES, AND TRANSFERS
Interfund balances at September 30, 2011 are as follows:
Due tolfrom other funds:
Receivable Fund
General
Water and sewer
Net internal balances:
NOTE J —RISK MANAGEMENT
Payable Fund
Water and Sewer
General
Amount
$ 202,080
17,999
$ 1845081
The City is exposed to various risks of loss related to litigation, theft, property damage, errors and
omissions, injuries, and nahiral disasters. The City's insurance is by membership in the Texas Municipal
League, a public entity risk pool operated by the Texas Municipal League Board for the benefit of
governmental units in Texas. Insurance in effect at September 30, 2011 is summarized as follows: Workers
compensation, general liability, automobile liability, personal property, law enforcement liability, and errors
and omissions. There were no significant reductions in insurance coverage from the prior year. Settled
claims for risks have not exceeded insurance coverage for the past four years.
32
NOTES TO THE FINANCIAL STATEMENTS (CONTINUED)
NOTE K —PRIOR PERIOD ADJUSTMENTS
Both the General Fund fund balance and Utility Fund net assets were restated at September 30, 2010 as
follows:
Governmental Fund Types
Gove�•nfnent-�vic�e effects
Net Assets - beginning
Prior period adjustment for overstated payables
Prior period adjustments for misstated capital assets
Net Assets - beginning as adjusted
Proprietary Fund Types
Net Assets - beginning
Prior period adjustment for overstated payables
Prior period adjustments for misstated capital assets
Net Assets - beginning as adjusted
NOTE L —SUBSEQUENT EVENTS
General Fund
Governmental
Activities
$ 13,5815845
40,482
1765174
$ 131798,501
Utility Fund
$ 14,601,442
208,612
1.751
$ 14,811,805
Subsequent events have been evaluated through the date of issuance which is the date of the auditor's report,
and there are no subsequent events to disclose.
33
REQUIRED SUPPLEMENTARY INFORMATION
��
City of Anna, Texas
Statement of Revenues, Expenditures, and Changes in Fund Balances
Budget and Actual - General Fund
For the Year Ended September 30, 2011
Revenues
Taxes:
Property
Sales
Franchise
Development/Building permits
Intergovernmental
Court
Fire
Grants and other revenue
Investment earnings
Police
Parks
Total revenues
Expenditures
Current:
Police
Administrative and general
Fire
Development
Streets
Ambulance
Parks
Court
Capital outlay:
Streets, parks, and other
Debt service:
Principal retirement
hrterest expense
Total expenditures
Excess of revenues over (under) expenditures
Other financing sources (uses)
Transfers in (out)
Total other financing sources(uses)
Net changes in find balance
Fund balance - beginning (restated)
Fund balances - ending
Variance with
Amended
Budget -
Original Amended Actual Positive
Budget Budget Amounts (Negative)
$ 2,023,585 $ 2,023,585 $ 2,049,025 $ 25,440
428,700 4735700 537,544 635844
340,000 3405000 333,936 (6,065)
945300 943300 278,051 183,751
90,750 90,750 911400 650
1563025 156,025 875877 (68,148)
83,500 83,500 625028 (215472)
15,000 15,000 45,139 305139
5,400 51400 23,107 17,707
55249 5,249 22,106 167857
175300 17,300 9,798 (7,502)
332593809 3,3041809 3,5401011 235,202
1,122,046 1,132,946 1,096,547 36,399
805,570 8575070 856,762 308
355,620 371,820 413,469 (41,649)
348,391 3485391 411,206 (62,815)
159,400 139,400 155,894 (16)494)
105,877 1055877 102,791 3,086
1145479 114,479 101,444 13,035
77,577 77,577 79,479 (1)902)
143,400 240,400 212,205 28,195
59,569 59,569 61,682 (2,113)
7,875 7,875 5,7G1 2,114
3329%804 3,4555404 3,497,240 (41,836)
(3%995) (150,595) 42,771 193,366
(39,995) (150,595) 42,771 1933366
2,263,718 2,263,718 2,263,718 -
$ 23223,723 $ 21113,123 $ 2,306,489 $ 1937366
See independent auditor's report.
34
CITY OF ANNA, TEXAS
REQUIRED SUPPLEMENTARY INFORMATION
SEPTEMBER 30, 2011
RETIREMENT SYSTEM —PENSION FUNDING DATA
The City provides pension benefits for all of its fiill-time employees through a nontraditional, joint
contributory, hybrid defined benefit plan in the statewide, Texas Municipal Retirement System (TMRS),
an agent inultiple-employer public employee retirement system. TMRS issues stand-alone financial
reports annually and these can be obtained by request at the following address: TMRS, P.O. Box 149153,
Austin, Texas 78714-9153.
Benefits depend upon the sum of the employee's contributions to the plan, with interest, and the financed monetary monetary credits, with interest. At the date the plan began the City granted monetary credits for
service rendered before the plan began of a theoretical amount equal to two times what would have been
contributed by the employee, with interest, prior to establishment of the plan. Monetary credits for
service since the plan began are a percent (100%, 150% or 200%) of the employee's accumulated
contributions. In addition the City can grant as often as annually another type of monetary credit referred
to as an updated service credit which is a theoretical amount which, when added to the employer's
accumulated contributions and the monetary credits for service since the plan began, would be the total
monetary credits and employee contributions accumulated with interest if the current employee
contribution rate and City matching percent had always been in existence and if the employee's salary
had always been the average of his/her salary in the last three years that are one year before the effective
date. At retirement, the benefit is calculated as if the sum of the employee's accumulated contributions
with interest and the employer -financed monetary credits with interest were used to purchase an annuity.
The plan provisions are adopted by the governing body of the City within options available in the statutes
governing TMRS and within the actuarial constraints also in the statutes. Plan provisions for the City
were as follows:
Deposit Rate:
Contributions
7%
Under the state law governing TMRS, the actuary annually determines the City contribution rate. This
rate consists of the normal cost contribution rate and the prior service cost contribution rate, both of
which are calculated to be a level percent of payroll from year to year. The normal cost contribution rate
finances the currently accruing monetary credits due to the City matching percent, which are the
obligation of the City as of an employee's retirement date, not at the tinge the employee's contributions
are made. The normal cost contribution rate is the actuarially determined percent of payroll necessary to
satisfy the obligation of the City to each employee at the time his/her retirement becomes effective. The
prior service contribution rate amortizes the tuifiinded (overfunded) actuarial liability (asset) over the
remainder of the plan's 25-year amortization period. The unit credit actuarial cost method is used for
determining the City contribution rate. Both the employees and the City make contributions monthly.
Since the City needs to know its contribution rate in advance for budgetary purposes, there is a one-year
delay between the actuarial valuation that serves as the basis for the rate and the calendar year when the
rate goes into effect. (i.e. December 31, 2010 valuation is effective for rates beginning January 1, 2011).
35
CITY OF ANNA, TEXAS
REQUIRED SUPPLEMENTARY INFORMATION
SEPTEMBER 309 2011
RETIREMENT SYSTEM — PENSION FUNDING DATA (continued)
Funding Status and Pro rg ess
Even though the substance of the City's plan is not to provide a defined benefit in some form, additional
disclosure is appropriate due to the nontraditional nature of the defined contribution plan which had an
initial unfunded pension benefit obligation to the monetary credits granted by the City for services
rendered before the plan began and which can have additions to the unfunded pension benefit obligation
through the periodic adoption of increases in benefit credits and benefits. Statement No. 5 of the
Governmental Accounting Standards Board (GASB 5) defines pension benefit obligation as a
standardized disclosure measure of the actuarial present value of pension benefits, adjusted for the effects
of projected salary increases, estimated to be payable in the future as a result of employee service to date.
The measure is intended to help users assess the funding status of public employee pension plans, assess
programs made in accumulating sufficient assets to pay benefits when due and make comparisons among
public employee pension plans.
The pension benefit obligation shown below is similar in nature to the standardized disclosure measure
required by GASB 5 for defined benefit plans except that there is no need to project salary increases since
the benefit credits earned for service to date are not dependent upon future salaries. The calculations were
made as part of the actuarial valuation as of December 31, 2010.
Schedule of Actuarial Liabilities and Funding Progress (in thousands)
Actuarial Valuation Date 12/31/2010 12/31/2009 12/31/2008
Value of Assets $ 15362 $ 908 $ 622
Accrued Liability
(Unfunded) Accrued Liability
Percentage Funded
Annual Covered Payroll
Ratio of Unfunded to Annual
Covered Payroll
Financial Year Ended September 30,
Contributions Made
21557
53.3%
11829
$ (921)
49.6%
1,467
$ (845)
42.4%
$ 13982 $ 15655 $ 15607
60.3% 55.6% 52.6%
2010 2010 2009
$ 247 $ 203 $ 156
12/31/2007
$ 407
1,029
$ (622)
39.6%
$ 1,283
48.5%
2008
36
CITY OF ANNA, TEXAS
REQUIRED SUPPLEMENTARY INFORMATION
SEPTEMBER 30, 2011
RETIREMENT SYSTEM —PENSION FUNDING DATA kcontinued)
Actuarial Information (December 31, 2010)
Actuarial Cost Method
Amortization Method
Remaining Amortization Period
Asset Valuation Method
Investment Rate of Return
Projected Salary Increase
Includes Inflation At
Cost -of -Living -Adjustments
City -specific Assumptions.
Payroll growth assumption
Supplemental Death Benefits Fund (SDBF)
Projected Unit Credit
Level Percent of Payroll
27.3 Years — Closed Period
10-year smoothed market
Varies by Age and Service
2.1%
The City contributes to the SDBF at a contractually required rate as determined by an annual actuarial
valuation. The rate is equal to the cost of providing one-year term life insurance. The funding policy for
the SDBF program is to assure that adequate resources are available to meet all death benefit payments
for the upcoming year, the intent is not to pre -fund retiree term life insurance during employees' entire
careers.
The City's conhibutions to the TMRS SDBF for the years 2011, 2010, 2009, and 2008 were $2,807,
$2,8143 $21571, and $2,052 respectively, which equaled the required contributions each year.
COMPLIANCE AND INTERNAL CONTROLS SECTION
and Company PLLC
Certified Public Ac 0 ntants
REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON
COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL
STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING
STANDARDS
March 29, 2012
To the City Council of the
City of Anna, Texas
We have audited the financial statements of the City of Anna, Texas (the "City") as of and for
the year ended September 30, 2011, and have issued our report thereon dated March 29, 2012.
We conducted our audit in accordance with auditing standards generally accepted in the United
States of America and the standards applicable to financial audits contained in Government
Auditing Standards, issued by the Comptroller General of the United States.
Internal Control Over Financial Reportin>;
In planning and performing our audit, we considered the City's internal control over financial
reporting as a basis for designing our auditing procedures for the purpose of expressing our
opinion on the financial statements, but not for the purpose of expressing an opinion on the
effectiveness of the City's internal control over financial reporting. Accordingly, we do not
express an opinion on the effectiveness of the City's internal control over financial reporting.
A deficiency in internal control exists when the design or operation of a control does not allow
management or employees, in the normal course of performing their assigned functions, to
prevent, or detect and correct misstatements on a timely basis. A material weakness is a
deficiency, or a combination of deficiencies, in internal control such that there is a reasonable
possibility that a material misstatement of the entity's financial statements will not be prevented,
or detected and corrected on a timely basis.
Our consideration of the internal control over financial reporting was for the limited purpose
described in the first paragraph of this section and was not designed to identify all deficiencies in
internal control over financial reporting that might be deficiencies, significant deficiencies, or
material weaknesses. We did not identify any deficiencies in internal control over financial
reporting that we consider to be material weaknesses, as defined above. However, we identified a
deficiency in internal control over financial reporting that we consider to be a significant
deficiency in internal control over financial reporting. A significant deficiency is a deficiency, or
a combination of deficiencies, in internal control that is less severe than a material weakness, yet
important enough to merit attention by those charged with governance.
38
La Follett &Company PLLC
PO Box 717 •Tom Bean, TX • 75489
903-546-6975 www.lafollettcpa.com
Preparation of Financial Statements
The City does not prepare its own full -disclosure financial statements as required by generally
accepted accounting principles. This could impact the City's ability to report financial data
reliably such that there is more than a remote likelihood that a misstatement of the City's
financial statements that is more than inconsequential will not be prevented or detected.
Compliance acid Other Matters
As part of obtaining reasonable assurance about whether the City's financial statements are free
of material misstatement, we performed tests of its compliance with certain provisions of laws,
regulations, contracts, and grant agreements, noncompliance with which could have a direct and
material effect on the determination of financial statement amounts. However, providing an
opinion on compliance with those provisions was not an objective of our audit, and accordingly,
we do not express such an opinion. The results of our tests disclosed no instances of
noncompliance or other matters that are required to be reported under Government Auditing
Standards.
This report is intended solely for the information and use of management, the City Council,
others within the entity, and appropriate state and federal agencies, and is not intended to be and
should not be used by anyone other than these specified parties.
Tom Bean, Texas
March 295 2012
39
FFOMETOWN
Council Meeting: March 29, 2012
Account Code #: N/A
Budgeted Amount: N/A
Item No. 7 (a — b)
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanlce
Date Prepared: 03/22/1
Exhibits: ■Yes ❑ No
AGENDA SUBJECT: (a) Public Hearing: To consider public comment regarding an
ordinance amending the City's comprehensive plan, zoning map and zoning ordinance
and changing the zoning of certain property. Millenium TLC Enterprises LLC, owner(s)
of property, is requesting a zoning change to Planned Development (PD) zoning to
provide for Downtown Redevelopment District with a Specific Use Permit (SUP) for
apartments/condominiums above the first floor on the subject tract. The property is
currently zoned as Single Family Residential (SF) and Restricted Commercial (C1)
zoni
ng. The property is located at 205 N. Powell Pkwy.
(b) Consider/Discuss/Action adopting an Ordinance amending the City's Comprehensive
Plan, Zoning Map and Zoning Ordinance and changing the zoning of certain property.
The owner(s) is requesting a zoning change to Planned Development (PD) zoning to
provide for Downtown Redevelopment District with a Specific Use Permit (SUP) for
apartments/condominiums above the first floor on the subject tract. The property is
currently zoned as Single Family Residential (SF) and Restricted Commercial (C1)
zoning. The property is located at 205 N. Powell Pkwy.
SUMMARY: The City has received an application for a zoning change on 0.717 Acres
of land located at the northwest corner of Third Street and North Powell Parkway. The
City staff has been working on a Downtown Redevelopment Ordinance that implements
the overall strategy developed in the Comprehensive Plan that will make development in
the Downtown more conducive for redevelopment such as reduced setback, reduced
parking requirement and the ability to utilize public right-of-ways for public
improvements. This request fits with that vision. The proposed zoning and Specific Use
Permit (SUP) will allow uses that are appropriate for development within the Anna's
"downtown" area. The proposed structure for the site will contain approximately 23,894
square feet of restaurant, bakery, office and apartments. The apartments are confined to
the second floor. It is anticipated that the restaurant will have outdoor seating adjacent to
North Powell Parkway utilizing the front setback while installing other amenities
adjacent to or within North Powell Parkway's right-of-way such as sidewalks and
landscaping. Additionally, head in parking improvements are anticipated in the Third
Street right-of-way which is also encouraged. The proposed zoning is in keeping with
Anna's Comprehensive Plan by meeting the goal to make the downtown more sustainable
by providing places to work, live and play in close proximity. It is anticipated that this
development as well as others that are planned will be a catalyst for other developments
Item No. 7 (a — b)
City Secretary's use only
in the area. Additionally, this project is anticipated to change the nature of Anna's
downtown area. It is also anticipated that more traffic will be generated in the area due to
the nature of the proposal. If the building was not in what we call our downtown area
and if other parking facilities were not in the immediate area and if other downtown
workers could not walk to the facility then a problem might exist. However south of the
property City Hall exists and when overflow parking is needed City Hall parking is
empty such as Friday night, Saturday and Sunday. The nature of a downtown area should
be to share parking. As more businesses develop and people come to the downtown area
we do not want each building to maximize the amount of parking to sustain each. This
allows people to park and then walk to multiple locations.
Having apartments upstairs provides the area with more sustainability by having
additional residents in the downtown area. Apartments upstairs is not a new concept for
Anna. We have two other facilities in the Downtown area that embraces the concept.
The developer of the project anticipated for the property plans on having several of his
employees that will live in the units. The upstairs apartments require the approval of a
SUP. The staff is recommending approval of this request for a change of zoning and
approval of the SUP.
PLANNING AND ZONING ACTION: At the Planning and Zoning meeting the
commission heard testimony that the new building was going to change the nature of the
area and that there does not appear to be enough parking to accommodate the uses
proposed. Additionally, the commission received 3 letters from citizens that were in
opposition to the development. The letters have been included. The Planning and Zoning
Commission after discussion recommended approval of the zoning request at their special
meeting March 20, 2012. The vote was unanimous.
RECOMMENDED ACTION: Approval of zoning request and approval of the SUP for
apartments upstairs.
Please publish the attached in the legal section of the newspaper at the
earliest possible date. Please send tear sheet, publisher's affidavit, and bill
to the City of Anna.
CITY OF ANNA
PUBLIC HEARINGS ON ZONING CHANGES
A public hearing will be conducted by the City Council of the City of Anna on Thursday,
March 29, 2012 at 7:30 p.m. at the Community Room of the Anna City Hall
Administration Building located at 111 North Powell Pkwy (Hwy 5) Anna, Texas, to hear
public comment regarding amendments to the City's Comprehensive Plan, the City's
zoning map, and the City's Zoning Ordinance. The public hearing will respectively
concern the City Council's consideration of an ordinance described as follows:
• AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S
COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND
CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN,
PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES,
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE
NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY
LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF. The property is currently zoned as Single Family Residential
(SF1) and Restricted Commercial (Cl) zoning. The owner is requesting a zoning
change to Planned Development (PD) zoning to provide for Downtown
Redevelopment District with Specific Use Permit (SUP) for
apartments/condominiums above the first floor on the subject tract. The property
is located at 205 N Powell Parkway.
Copies of the rezoning request, including a map of the property generally described
above, are available for review during regular office hours at the office of the City
Secretary, Anna City Hall, at 111 N. Powell Parkway, Anna, Texas. Written comments
on the zoning requests/changes are welcomed and will be accepted until the time of the
public hearings and may be presented at the hearings. Speakers at the hearings will be
heard according to their order on a listing to be established for such purpose by the City
Secretary.
i:r_MOLDIMIANAM
FOURTH STREET
W w
W w
z STREET CO
Q w
z
w �
z
STREET
FIFTH STREET
PROPERTY OWNER RESPONSE rumivi
Concerning proposed Zoning for, 2,06 Al 1'()9)8LL UsZy�� f ,%/A4VA � � 1
❑ (favor the proposed zoning change.
l� 1 oppose the proposed zoning change,
60 1 have no opinion regarding the proposed zoning change.
Sfgnafure
Address: �'
bate
Please return form #o: (ar bring form to public hearinc�tmeetina time and place attached;
City of Anna
Planning and Development Department
P4B 776
Anna, TX 75409
i<rIAItCH 15, 2012 [ we oppose the construction of proposed property listed belowi Thank you for Elie
opporhinity to express our opinion on the new construction of said property 205 N POWELL STREET,
GR04VTH IS INEVITABLE, tiVE LIKE IT, BUT LETS FIND A SOLUTION TO A PROBLEM THAT
HAS BEEN PROLONG, THINKING IT WOULD EVENTUALLY GET INKED,
FIRST OF ALL IF SUCH PROPERTYAT 205 N POWELL STREET IS BUILT, YOU WILL HAVE TO
LEVEL AND GRADE THE PROPERTY SO THAT DRAINAGE IS PROPERLY DISPERSED.
QUESTION: WHERE WII L THE RAIN WATER RUN?
ANSWER; I KNOW WHERE IT WILL RUN, IT WILL RUN RIGHT IN OUR YARD WHERE ALL
THE RAIN WATER FROM THE NORTH END OF MAMES & POWELL STREET RUNS SOUTH AND
ACCUMATES RIGHT INTO OUR YARD, BECAUSE THERE IS NO DRAIN CULVERT GOING
SOUTH.
ONLY ONE DRAIN CULVERT THAT DISPERES ALL TIC WATER FROM THE NORTH. THE
ONLY DRAINAGE CULVERT IS AT THE CORNER OF OUR PROPERTY, AT THIS POINT THE
CULVERT GOES WEST. INSTEAD OF A CULVERT BEING PLACED ACROSS 4'n STREET
GOING SOUTH, THE CULVERT GOES WEST, 'THEREFORE RAIN WATER STALLS AND ALL
TTIE RAIN WATER ACCUMALATES IN OUR YARD,
EVERYONE CAN SEE THAT Tim LAND SLOPES TO THE SOUTI-I. BUT THERE IS NO CULVERT
THAT GOES SOUTH..
THIS ALL BEGAIN WHEN THE CITY OF ANNA CHANGED THE COURSE OF THE RAIN WATER
WHEN THEY HAD 4TH7 & JANIES STREET RAISED 18" TO 24". BEFORE THIS HAPPENED
RAIN WATER WOULD FLOW OVER THE STREET DOWN THE DITCHES TO THE SOUTH, INTO
THE CREEK,
WE NEED TO GET THIS ISSUE FLYED BEFORE ANY OTHER STRUCTURE IS BUILT, WE HAVE
ALREADY HAD TO LEVEL OUR BUILDINGS AND HOUSE SEVERAL'i'IlVIES,AFTER THE CITY
PUT ASPHALT ON THEIR PROPERTY MORE WATER RUSHES TOWARD OUR PROPERTY,
THEY DUG A SMALL TRENCH AROUND OUR PROPERTY BUT HAS NOT HELPED THAT
MUCH. THE SOIL ON OUR PROPERTY IS DISSAPEARNG NOT ONLY IN THE FRONT YARD
BUT IN BACK YARD AS WELL. OUR SIDE WALKS ARE ALSO ERUPTING DUE TO WATER
COMING THROUGH OUR YARD,
4VE DO NOT HAVE 'TIC MONEY NOR RESOURSES TO HAVE ESCAVATION,DIRT WORK ,SIDE
WALKS, DRIVE WAY REPAIl2ED. EVEN IF WE HAD THE RESOURSES TO FIX ALL THAT IT
WOULD BE USELESS UNTIL THE RAIN WATER FLOW IS FIXED.
OUR FRONT PORCH HAS PROGRESSED SO MUCH IT IS ALMOST LEANING ON OUR GAS
METER.
WHEN IT DOES RAIN, IT IS BECOMING MORE AND MORE HAZAI2DI0US FOR US TO
lYiONOViER FROM OUR CARS INTO OUR HOitiiE BECAUSE OF THE RAIN WATER PLEASE
PUT YOURSELF IN OUR SITUATION, WHAT WOULD YOU DO?
'WHEN IT RAINS, THERE IS SO MUCH WATER THAT WE HAVE NO WHERETO PARK AND
HAVE TO bVALK. THROUH WATER TO GET INTO OUR HOIv1E. AS WE AGE IT IS BECOMING
IviORE AND MORE HAZARDIOUS FOR US,
THIS HAS BEEN GOING ON SINCE THE CITY RAISED THE STREET ON 4TH & JAMES ,
ENHANSED AGAIN BY THE PAVEMENT INSTALLED ON THE CITY PROPERTY,
WE FEEL WE HAVE BEEN SILENT TOO LONG & REALLY NEED TO HAVE A SOLUTION TO
OUR PROBLEM BEFORE IT GET WORSE.
BOTH FORMER AND PRESENT CITY MANAGERS HAVE BEEN AWARE OF THIS SITUATION
FOR SEVERAL YEARS!!
PROPERTY OWNER RESPONSE FORM
Concerning proposed Zoning for:
Printed Name:
Address:
1 favor the proposed zoning change.
1 oppose the proposed zoning change.
C1 1 have no opinion regarding the proposed zoning change.
t
Please return form to; (Or brinclform to public hearing (meetin. tq_ime and place attachedl.
City of Anna
Planning and Development Department
PO0 776
Anna, TX 75409
Concerning proposed Zoning for:
Sfgnafure
Printed Name
Address:
❑ !favor the proposed zoning change.
l,//,oppose the proposed zoning change.
❑ I have no opinion regarding the proposed zoning change.
S �G
Dafe
Please return form to: (Or bring form to public hearing (meeting time and place aEtached).
City of Anna
Planning and Development Department Received
3O13 776 City of Anna
Anna, TX 75409 1
MAR 2
0 2J12
CITY OF ANNA, TEXAS
ORDINANCE NO.
Agave Azul Plaza Zoning
"Planned Development" ("PD")
205 North Powell Parkway
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S
COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND
CHANGING THE ZONING OF CERTAIN PROPERTIES AS DESCRIBED HEREIN;
PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE
NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY
LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the owner of the property described in Exhibit A attached hereto has requested a
certain zoning for said property; and
WHEREAS, this property is within and considered as part of the Downtown Redevelopment
District; and
WHEREAS, the Planning and Zoning Commission of the City of Anna and the City Council of
the City of Anna have given the requisite notices by publication and otherwise and have held the
public hearings as required by law and afforded a full and fair hearing to all property owners
generally and to all persons interested in and situated in the affected area and in the vicinity
thereof, the City Council of the City of Anna has concluded that the Zoning Ordinance of the
City of Anna should be amended as follows:
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
Section 1. The Comprehensive Zoning Ordinance of the City of Anna, Texas, is amended by
changing the zoning on the all described in Exhibit A from "SF-1" and "C-1" to "PD —
Downtown Redevelopment District". The Planned Development shall include the following
elements:
1 Permitted Uses
(a) SALES AND SERVICES.
(1) Antique Store
(2) Art Supply Shop
(3) Bakery Shop
(5) Barber Shop
(7) Bicycle sales and repairs
(8) Beauty shop
(9) Book store
(10) Computer and computer supply sales
(11) Copy services
(12) Day spa and salon
(13) Delicatessen
(14) Department store
(15) Drug store
(16) Dry-cleaning/Laundry establishments
(17) Fitness/work out gym
(18) Firearms & Accessories, retail sales
(19) Florist
(20) Food markets, grocery / convenience store
(21) Gift shop
(22) Health food store
(23) Hobby shop
(24) Ice cream & candy store
(25) Internet or Cyber Cafe
(26) Jewelry Shop / Sales
(27) Magazine and news stores
(28) Music and video stores
(29) Night Club
(30) Office supply stores
(31) Pet & Supply stores
(32) Photographic stores / studio / supply
(33) Radio and Broadcasting Studios
(34) Restaurant
(35) Shoe sales / repair shop
(36) Sporting goods stores
(37) Stationery stores
(38) Tailors
(39) Travel agencies
(40) Tobacco / Smoke shop
(41) Toy stores
(42) Variety stores
(43) Watch and clock sales and services
(b) SERVICES PERSONAL AND PUBLIC
(1) Bank
(2) Banquet Hall
(3) Business school
(4) Credit union
(5) Library
(6) Lodge, club, and fraternal organizations
(7) Massage Therapy Services
(8) Martial arts instruction
(9) Municipal Buildings or Facilities
(10) Offices.
a. Administrative
b. Business
c. General
d. Medical
(11) Incidental storage and office uses, provided such uses are clearly incidental to the
retail sale of products on the premises.
(12) Radio and TV broadcasting studios and offices
(13) Reading room
(14) Financial services and title companies
(15) Meeting halls.
(c) CULTURAL USES
(1) Art supply stores and galleries
(2) Artist, music and dance studios
(3) Performing arts theater
(d) RESIDENTIAL
(3) Multi -family Apartments and Condominiums
(e) Any use not specifically listed above shall be allowed subject to determination by the
Director of Planning and Development.
2 Specific Permitted Uses
(a) RESIDENTIAL
(1) Mixed Use projects. Residential units above first floor retail/office/restaurant.
(2) Additional uses requiring a Specific Use Permit shall be allowed subject to
determination by the Director of Planning and Development.
3 Property Development Standards
The following property development standards shall apply to all land and structures in this "PD"
Planned Development District.
(a) LOT AREA. No minimum area.
(b) LOT DIMENSIONS. No minimum dimensions.
(c) POPULATION DENSITY. None.
(d) BUILDING HEIGHT. Newly constructed buildings will be a minimum of 2 stories, or 20
feet in height, whichever is the greater height.
(e) YARDS. None required.
(f) SPACE BETWEEN BUILDINGS. No requirements.
(g) LOT COVERAGE. Up to 100% of the lot area may be developed.
(h) FENCES, HEDGES, AND WALLS. Fencing to be wrought iron or tubular steel,
alternate materials may be approved by the Development Director. No chain linked fencing will
be allowed.
(i) Utilization of Outdoor Area in Conjunction with a Restaurant
(1) General Requirements
a. An outdoor dining area shall be associated with a restaurant, as defined by
the Anna Code and shall be located adjacent to the main structure in which
the restaurant is established. The hours of operation for the proposed
outdoor dining facility shall be consistent with those of the associated
main establishment.
b. The outdoor dining area may be equal to 50% of the gross floor area or
3,000 square feet in total area, whichever is the lesser of the allowable
space. The outdoor dining area will be calculated based upon the gross
building area.
c. When a barrier delineates an outdoor dining area, the confined area will be
subject to the International Building Code occupancy load standards,
d. An outdoor dining area may be located within the public right -of --way. An
encroachment permit with the Department of Public Works will be
required if the proposed outdoor dining area intrudes into the public right-
of-way.
e. The proposed outdoor dining facility must comply with all applicable City
of Anna, American with Disabilities Act (ADA), and adopted
International Building Code requirements.
(2) Design Guidelines
a. Barriers:
1. A barrier delineating the outdoor dining area will be required in the
following scenarios:
a. If alcohol is served at the main establishment (pursuant to
State of Texas, Alcohol Beverage Control requirements).
2. There shall be a forty-eight inch (48") clear path maintained at all
times to accommodate ADA standards. This clear path will be
measured from the face of curb toward the building face and will
not include vehicular overhang for perpendicular and angular
parking when present.
3. The defining perimeter barrier shall be a minimum of three (3) feet
and maximum of four (4) feet in height.
4. Barrier color, material and architectural theme shall be
complementary to the associated main structure.
5. Landscape architecture (i.e. potted plants, planter boxes, hedges,
etc.) may be considered on a case -by -case basis as an acceptable
barrier.
6. Barriers shall be arranged to allow adequate ingress and egress in
accordance with the American Disability Act (ADA), Anna Code
and building code requirements.
7. Barriers shall not impose any damage to the public sidewalk. Any
damage which occurs during construction shall be repaired in
accordance with City of Anna Public Works Standards, at the
owners/applicant's expense.
8. When the outdoor dining area is being utilized for sales, service
and consumption of alcoholic beverages, the designated area shall
be under continuous supervision at all times.
9. Latticework cannot substitute for a barrier if one is so required.
However, a trellis supporting column or some other form of
latticework may be used in conjunction with other materials in
order to satisfy requirements concerning barriers.
10. Latticework materials and construction shall be architecturally
compatible with the associated establishment as determined by the
physical attributes of the built environment.
11. Awnings shall be architecturally compatible with the main
building, as determined by the physical attributes of the built
environment.
b. Patio Furniture
1. Tables and chairs shall be removable unless otherwise approved by
the Director of the Planning and Development Department.
2. Space heaters and/or heat lanterns may be provided so long as the
use and operation of any such heater is in compliance with all
applicable building and fire codes and does not present a threat to
the health, safety, and welfare of the public.
3. Umbrellas shall be removable and spaced appropriately to provide
for adequate pedestrian access.
4. Signs, if proposed, shall comply with the City's Sign Ordinance.
5. Trash or storage areas shall not be located within the outdoor
dining area or adjacent to the public right-of-way.
c. Decorative Framing and Overhead Latticework
1. The outdoor dining area shall be open on three (3) sides and
maintain ninety (90%) percent transparency to the outdoor
elements.
a. If 90% transparency on any of the three sides of the
decorative framing or overhead latticework cannot be met,
the framing or trellis will be considered a structure under
the Anna Code and subject to all applicable requirements
including, but not limited to, parking, setbacks, lot
coverage, etc.
b. For the purpose of calculating the allowable outdoor dining
area, installation of materials such as louvers, screening, air
or heat which changes the climate will not be considered
part of the main structure.
2. Latticework materials and construction shall be architecturally
compatible with the main establishment associated, as determined
by the physical attributes of the built environment.
4 Design Characteristics &Urban Form
The following additional property development standards shall apply to all structures and
projects in the "PD" Planned Development District.
(a) Design Expectations
(1) Design expectations are established to create and achieve a vibrant, livable,
walkable, economically viable and sustainable community. Through these design
expectations the city's physical form is shaped, giving it personality and
enhancing its character. The design expectations have been built upon best
practices and industry standards for contextual design.
(2) No structure shall be built or altered, including exterior changes in color,
materials, and signage except upon approval of the Planning and Development
Department.
(3) All businesses, services, and other primary activities shall be conducted within a
completely enclosed structure, except for parking and loading spaces. Rooftop
restaurants with outdoor dining are the exception.
(4) For new construction the building frontage must occupy 80% of the length of the
primary lot line, with a maximum front set back of 5', except if it is served by
features such as outdoor eating area, plazas, arcades, etc.
(5) The area between 2' to 8' of the primary building frontage shall consist of a
minimum of 50% transparent elements.
(6) A primary building entrance shall be maintained on the ground floor of the
primary building frontage or facade.
(7) An unobstructed view at street intersections is necessary for the safety of
pedestrian and approaching vehicles traveling on City streets. The unobstructed
view corridor may be modified based upon the existing condition of a specific
location condition as determined by the Director of Planning and Development
and the Public Works Director.
(8) Other design features:
a. Marquees over entrances or covered entrance canopies not more than ten
feet in width may extend from entrances to the abutting sidewalk.
b. Pedestrian oriented signage as determined by the Director of Planning and
Development.
c. Outdoor pedestrian level lighting on building frontages.
d. Sidewalk — Maintain minimum width along the pedestrian right -of --way,
including meeting minimum ADA standards.
(9) Maximum Residential Units per Acre; Multi-Family/Condominium.
a. Density may be up to 32 units per acre if:
(1) Non-residential uses comprise a minimum of 10% of the gross
floor area of the development or
(2) Non-residential uses are contained on 100% of the first floor street
frontage of the same structure with residential uses.
b. If residential portions are constructed prior to the non-residential
components of the development, a maximum of 24 units per acre shall be
constructed prior to construction of the non-residential component.
(10) Schedule FAA; i m Square Footage for Residential Uses
Table 1
6 Feel
P4�
O
1 E
U
�
�
Minimum
900 sq. ft.
750 average
Living
per unit
minimum sq. ft.
Area
(11) Building Materials. Standards shall apply to both Residential and Non-residential
buildings.
a. Exterior: Brick, stone, cast stone, Exterior Insulation and Finish System
(EIFS - but not less than 15 feet above grade), stucco, and architectural
(not construction grade).
b. Roofing: Flat roofs shall be concealed with parapets. Pitch roofs, if
provided, shall have a minimum pitch of 9/12. Gable roofs, if provided,
shall have a minimum pitch of 6/12. Asphalt shingles, industry approved
synthetic shingles, standing seam metal or tile roofs are allowed
(12) Trash &Mechanical Equipment. The provisions of Part III C Section 40 of the
Anna Code, Screening of Mechanical Equipment shall apply.
(13) Awnings and Overhanging Eaves. May be permitted to project into the public
right-of-way along the street frontage, provided the following conditions are met:
a. Awnings or overhanging eaves shall not project closer than 4 feet from the
face of the curb.
b. Awnings or overhanging eaves shall provide a minimum of 9 feet
clearance above grade and comply with building code requirements
(Figure 1).
c. No poles or supporting columns are allowed within the street right -of --way.
d. The following materials are approved for the construction of awnings and
overhanging eaves: industry accepted metal, canvas and woven vinyl.
FIGURE I
(14) Landscape and Screening Standards.
The landscaping and screening standards as described in Part III-E, Landscape
Regulations, shall apply with the following exceptions:
a. Minimum Width of Landscape Setback. Minimum Width of Landscape
Setback, shall not apply.
b. Street Trees. Street trees shall be required along all public street
frontages.
(1) A minimum 12 feet streetscape from the back of curb shall be
required. If the required right -of --way dedication is less than 12 feet
from the back of curb to the property line, the additional area shall
be provided on private property through a landscape easement.
(2) Streetscape shall include a minimum 4 feet wide strip for street
trees or planters and a minimum 8 feet wide sidewalk(Figure 2). If
trees are planted adjacent to the street at the back of the curb, a
vertical root barrier is required to keep pavement from cracking.
(3) Street trees shall be a minimum 7 feet in height and 34nch
caliper at time of planting.
(4) Street trees shall be limited to the following species:
Live Oak Quercus fusiformis
Cedar Elm Ulmus crassifolia
Chinese Pistachio Pistacia chmensis
Chinquapin Oak Quecus muhlenbergii
Winged Elm Ulmus alata
Lacebark Ulmus parvifolia
Shumard Oak Quercus shumardii
(5) When the trees are established (usually after three years of
planting), those located in or adjacent to the sidewalk shall be
trimmed so that there is a minimum clearance of 8 feet between the
sidewalk and the lowest branches.
(6) Street trees shall generally be spaced at 30 feet on center, but in no
case greater than 40 feet apart.
q--q—
FIGURE 2
milt. d`-9" wide,
syxItmd h0waon
25 Io 20'
CUPCf
ier,
stn
nttn. w€de,
spaced botween
26' 4a W
CUi�}
min.
3IE1G6°lALK
trey s4rip,
� b�ievn
5 Access and Parking Requirements
(a) OFF-STREET PARKING
(1) a. Anna Code Part III C Section 38, Parking Space Regulations shall not
apply. Instead, the following Schedule of Off-street Parking Standards shall
apply.
Schedule of Off -Street Parkin
Number of
A.
RESIDENTIAL
parking
Required for Each
Spaces
Apartment.
1
Dwelling Unit
B.
NON-RESIDENTIAL
The non-residential parking standard shall be
one-third of the standard required by Anna
Code Part III C Section 38.
b. When parking is provided, required parking spaces for the disabled shall
be provided for in accordance with TDLR regulations.
c. Parking can be built as a private improvement in public right-o&way.
(2) Vehicular access shall be provided from any frontage other than the primary
frontage, where available.
(3) Driveways located on the same project site shall be a minimum of 200 linear feet
apart from each other (cross -access easements or shared parking facilities may be
necessary).
Section 2. All provisions of the City of Anna Zoning Ordinance not in conflict with the
provisions of this ordinance shall pertain to the property described herein.
Section 3. The official Zoning Map of the City of Anna shall be corrected to reflect the change
in zoning described herein.
Section 4. All ordinances of the City of Anna in conflict with the provisions of this ordinance
aI e repealed to the extent of that conflict.
Section 5. This Ordinance shall take effect immediately from and after its passage and the
publication of the caption of said ordinance as the law in such case provides.
PASSED by the City Council of the City of Anna, Texas, this day of
ATTESTED:
City Secretary, Natha Wilkison
APPROVED:
Mayor, Darren Driskell
2012.
EXHIBIT A
Legal Description
"SF-1" & "C-1" to Planned Development
Being a tract of land, situated in the Henry Brantley Survey, Abstract No. 71, in the City of
Anna, Collin County, Texas and being all of that tract of land described by deed to Leon O'Neal
and Linda O'neal, as recorded under County Clerk's File No. 95-0026290, of the Deed Records
of Collin County, Texas (D.R.C.C.T.), said tract being more particularly described as follows:
BEGINNING at a 1/2" iron rod with a yellow plastic cap stamped "RPLS 5686" set (hereinafter
referred to as a 1/2" iron rod set) for corner, said corner being in the westerly monumented line
of State Highway No. 5, same being the northeasterly corner of said O'Neal tract and also being
the southeasterly corner of a tract of land described by deed to Mary Joyce Compton, as recorded
in Volume 1673, Page 166, D.R.C.C.T.,
THENCE South O1°54'00" West, along said westerly monument line of State Highway No. 5, a
distance of 125.00' to a 1/2" iron rod set at the southeasterly corner of said O'Neal tract, same
being at the intersection of said westerly monumented line of said State Highway No. 5 and the
northerly monumented line of Third Street;
THENCE North 88°10'S0" West, along the northerly line of said Third Street, a distance of
250.02' to a 1/2" iron rod set at the southwesterly corner of said O'Neal tract, same being at the
intersection of the northerly line of Third Street and the easterly monumented line of James
Street;
THENCE North O1 °54100" East, along the easterly monumented line of said James Street, a
distance of 125.00 to a 1/2" iron rod set at the northwesterly corner of said O'Neal tract, same
being the southwesterly corner of a tract of land described by deed to Robert Dale Lounsbury
and Dorothy Ann Lounsbury, as recorded under County Clerk's File No. 20080618000739250,
D.R.C.C.T.,
THENCE South 88°10'50" East, partially along the southerly line of said Lounsbury tract and
also partially along the southerly line of the aforementioned Compton tract, a distance of 250.02'
to the POINT OF BEGINNING and containing 0.717 of one acre of land, more or less.
I
1
t
A�
"1.
..u�..... ..,., �.r< .. .�...r
r�!
I
IN
i
1
F JAI
I
r
I
u N I
—� •. _.. x..
I
NA
EXHIBIT B
(Concept Plan)
'i
a
q1
�F
y
J
I
9
:
a .}
THIRD
STREET
EXHIBIT B
J
(Concept Plan)
.1.AME5 STREET
c.
}
r,
s*
STATE HGHAAY N0.5
O\YNER /DESIGNER
DISTINCTNE SERGIO A. ZAMARRON
2404 S. EXPRESSWAY 83 SUITE # D '.
IL DRAFTING & DESIGN HARI.INGENTX'7040
oFFICE:(956) 4zs-7o4o
FAX:(956) 425-7714
PROJECT
".e��� �
DATE-:2-14-12 PLAN_1100T/Aa'..
DISTINCTIVE DRAFTING & DESIGN HEREBY RESERVES ITS COMMON COPYRIGHT LAW &OTHER PROPERTY RIGHTS IN THESE
ORM OR MANNER WHATSOEVER,PLANS &DESIGNS. THESE PLANS ARE NOT TO BE REPRODUCED, CHANGED OR COPIED IN ANY F
OR ARE THEY TO BE ASSIGNED TO ANY THB2D PARTY, WITHOUT FIRST OBTAINING THE EXPRESS\VRTTTEN PERMISSION FROM
DISTINCTIVE DRAFTING &DESIGN. DISTINCTIVE DRAFTING &DESIGN TAKES NO RESPONSIBILITY FOR THF. CONSTRUCTION
OF THE RESIDENCE OR BUILDING.
Council Meeting: March 29, 2012
Account Code #: N/A
Budgeted Amount: N/A
Item No. 8
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanke
Date Prepared: 03/22/12
Exhibits: ■Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action approving Agave Azul Plaza Site and
Landscape Plans.
SUMMARY: A site plan and landscape plan for the Agave Azul Plaza located at the
northwest corner of Third Street and North Powell Parkway has been submitted. The
proposed two story structure for the site will contain approximately 23,894 square feet of
restaurant, bakery, office, retail and apartments. The apartments are confined to the
second floor. It is anticipated that the restaurant will have outdoor seating adjacent to
North Powell Parkway utilizing the front setback while installing other amenities
adjacent to or within North Powell Parkway's right -of --way such as sidewalks and
landscaping. Additionally, head in parking improvements are anticipated in the Third
Street right -of --way which is also encouraged. These plans meet with the Planned
Development Zoning submitted for approval. Water and wastewater services are
available to the site.
PLANNING AND ZONING ACTION: The Planning and Zoning Commission
recommended approval at a special meeting on March 20, 2012 with the conditions that
at least two more trees are planted on the western side of the property adjacent to James
Street. The vote was unanimous.
RECOMMENDED ACTION:
The developer of this site has indicated that he has no problem with the additional trees.
The staff is in support of this request and recommends approval if the Planned
Development and SUP of item 7of this agenda are approved.
I ��
EXHIBIT B
(Concept Plan)
It
s
A
Tl+.IRFJ STftEE-
EXHIBIT B
(Concept Plan)
i .lANE5 STREET
5
11 i144
y -
1J
j
4�
-- I
.I
,.I
5TATE HIGHWAY N0.5
FROM
DISTINCTIVE SERGIO A. ZAMARRON
2404 S. EXPRESS�YAY 83 SUITE ii D ���-�' ���
HARLINGEN,TX.78552
DRAFTING &DESIGN OFFAX(956)425.7714� WE:2-14-12 PLAN#0027-12_
CHANGED OR COPIED IN ANY
[STINGTP✓E DRAFTING &DESIGN HEREBY RESERVES ITS COMMON COPYRIGHT LAW &OTHER PROPERTY RIGHTS IN THESE
OR ARE THEY TO BEIASSIGNED O ANY THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS<VRITTEN PER,3rIISSION
I
ISTINCTIVE DRAFTING & DESIGN. DISTINCTIVE DRAT LING &DESIGN TAKES NO RESPONSIBILITY FOR THE CONSTRUCTION
f THE RESIDENCE OR BUILDINO.---
5TATE HIGHWAY N0.5
FROM
DISTINCTIVE SERGIO A. ZAMARRON
2404 S. EXPRESS�YAY 83 SUITE ii D ���-�' ���
HARLINGEN,TX.78552
DRAFTING &DESIGN OFFAX(956)425.7714� WE:2-14-12 PLAN#0027-12_
CHANGED OR COPIED IN ANY
[STINGTP✓E DRAFTING &DESIGN HEREBY RESERVES ITS COMMON COPYRIGHT LAW &OTHER PROPERTY RIGHTS IN THESE
OR ARE THEY TO BEIASSIGNED O ANY THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS<VRITTEN PER,3rIISSION
I
ISTINCTIVE DRAFTING & DESIGN. DISTINCTIVE DRAT LING &DESIGN TAKES NO RESPONSIBILITY FOR THE CONSTRUCTION
f THE RESIDENCE OR BUILDINO.---
i
X{UTJR} I�OMETOW N
Council Meeting: March 29, 2012
Item No. 9
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Account Code #:
Budgeted Amount: Exhibits: ❑ Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution appointing primary,
secondary, and administrative representatives on the TEX-21 coalition
SUMMARY: On February 28, 2012 the City Council voted to approve membership in TEX-21.
The City has been asked to name primary, secondary, and administrative officials that will
represent the city at coalition events. The Primary Member Representative is the individual
designated by the TEX-21 Member to act on the Member's behalf and is entitled to cast one vote
for that Member on all TEX-21 business. The Secondary Member Representative is an
individual designated by the TEX-21 Member to represent the Member and to cast votes through
a proxy should the primary member be unable to attend a TEX-21 meeting. An Administrative
Member Representative is any individual of the Member's staff designated to participate, attend,
and represent a Member at various TEX-21 meetings and in committees and task forces.
RECOMMENDATION: Staff recommends that the Council approve the attached Resolution
and consider designating the officials who serve as Mayor, Mayor Pro-tem, and City Manager to
be respectively the primary, secondary, and administrative representatives.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPOINTING PRIMARY,
SECONDARY, AND ADMINISTRATIVE REPRESENTATIVES FOR THE TEX-21
COALITION.
WHEREAS, TEX-21 is a coalition of local governments and elected officials that work to
support enhanced multi -modal transportation across Texas and Arkansas; and
WHEREAS, on February 28, 2012 the City Council of the City of Anna, Texas ("the City
Council) voted to approve membership in TEX-21; and
WHEREAS, the City has been asked to name primary, secondary, and administrative
officials that will represent the city at coalition events;
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. Designation of Primary, Secondary, and Administrative
Representatives
The Council hereby designates the following to service as the City's Primary,
Secondary, and Administrative representatives:
as Primary Representative
as Secondary Representative
as Administrative Representative
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 29tn
day of March 2012.
Darren R. Driskell, Mayor
ATTEST:
Natha Wilkison, City Secretary
RES. 2012-03- TEX-21 appointing representatives PAGE 1 OF 1 03-29-12
TEX=2
Trarrsportat�d�1 E)(ce rm
for the 21 sit CmWry
20i2 VOTING MEhIRERs:
ADDISON * Kimberly Lay
ALICEDoreila Elizondo
ALLEN' Peter Vargas
ATOKA, OK' Charles McCall, III
BOWIE COUNTY' John Addington
COLON COUNTY' Keith Self
COPPELL' Karen Hunt
CROCKETT' Wayne Mask
DALLAS' Tennell Atkins
DALLAS AREA RAPID TRANSIT' John Danish
DALLAS COUNTY' Elba Garcia
DALLAS COUNTY UTILITY & RECLAMATION
DISTRICT' Jacky Knox
DECATUR' Joe Lambert
DENISON' Robert Brady
DENTON' Pete Kamp
DURANT, OK' Representative Pending
EL PASO' John Cook
FOREST HILL' Jo Pirtle
FORNEY' Brian Brooks
FRISCO' Maher Maso
GARLAND' Ronald Jones
GRANSURY' Mickey Parson
GRAYSON COUNTY' Drue Bynum
IRVING' Rick Stopfer
KILLEEN' George Lueck
LONE STAR HIGHSPEED RAIL, LLC
SETH MOULTON I TRAVIS KELLY
MANSFIELD' Stephen Lindsey
MCKINNEY' Brian Loughmiller
MOUNTVERNON' Margaret Sears
NORTN LITTLE ROCK' Pat Hays
NORTH RICHLAND HILLS' Oscar Trevino
PHARR'Aden Farias
RHOME' Mark Lorance
ROCKWALL' Representative Pending
ROCKWALL COUNTY' David Magness
ROWLETr' Lynda Humble
SHER.1Ai' Bill Magers
SOUTHLAKE' Pamela Muller
TARRANT COUNTY' Gary Fickes
TEMPLE' David Blackburn
TEXAS AIRPORTS COUNCIL' John Happ
TITUS COUNTY' Brian Lee
WAXAHACHIE' Paul Stevens
WisE COUNTY' Bill McElhaney
WYLIE' Mindy Manson
2012 ASSOCIATE MEM1I9ER$
AAA TEXAS' Anne O'Ryan
HARRISON, WALKER, &HARPER, L.P
Chip Harper
PARTS EDC' Slove Gilbert
2012 RESOURCE AGENCIES:
ARK-TEX COUNCIL OF GOVERNMENTS
L.D. Williamson
SW ARKANSAS PLANNING 8 DEVELOPMENT
DISTRICT' Renee Dycus
TEXAMERICAS CENTER' BILL CORK
TEXAS SOUTHERN UNIVERSITY
Carroll Robinson
TEXAS TRANSPORTATION INSTITUTE
Dennis Christiansen
TRANSPORTATION EXCELLENCE FOR THE 21 ST CENTURY
BETTER MOBILITY THROUGH BETTER POLICY
2012 TEX=21 OFFICERS
RICK STOPFER, CHAIR PATRICK HAYS, SECRETARY Tim WELCH, TREASURER
Irving Mayor Pro Tern North Little Rock, AR Mayor North Richland Hills Councilmember
JOHN ADDINGTONI VICE CHAIR
JOHN COOKVICE CHAIR
TEX-21 MEMBER REPRESENTATIVE DESCRIPTIONS
The Primary Member Representative is the individual designated by the TEX-21 Member to act
on the Member's behalf and is entitled to cast one vote for that Member on all TEX-21 business. The
Primary Representative of every TEX-21 Member shall be listed on TEX-21 letterhead and any other
materials unless otherwise directed by the Member.
The Secondary Member Representative is an individual designated by the TEX-21 Member to
represent the Member and to cast votes through a proxy should the primary member be unable to
attend a TEX-21 meeting. The Secondary Representative is welcome to attend all events, and is
entitled to a vote only if the Primary Representative is unable to participate in a particular meeting
and a proxy is given to the Secondary Representative in compliance with the TEX-21 Bylaws and
Articles of Incorporation.
An Administrative Member Representative is any individual of the Member's staff designated to
participate, attend, and represent a Member at various TEX-21 meetings and in committees and task
forces. Unless authorized by the Primary Representative, this individual is only able to participate in
general and committee meetings on behalf of the Member, but is not entitled to vote on TEX-21
business.
An Associate Member may have a Primary, Secondary, and Administrative representative that
participates, attends, and represents the Associate Member at various TEX-21 meetings and on
committees and task forces. However, in accordance with the TEX-21 Bylaws, these representatives
are not entitled to cast a vote on official TEX-21 business.
A Resource Agency may have a Primacy, Secondary, and Administrative representative that
participates, attends and represents said Resource Agency at various TEX-21 meetings and on
committees and task forces. However, in accordance }Pith the TEX-21 Bylaivs, these representatives
are not entitled to cast a vote on official TEX-21 business.
Each of these representatives will receive communications from the TEX-21 consultants.
DEAN INTERNATIONAL, INC.
PUBLIC POLICY CONSULTANTS
8080 PARK LANE, SUITE 600 • DALLAS, TEXAS 75231
Phone (214) 750-0123 •Fax (214) 750-0124
www.TEX21.net
x{ouR� xon�c�rowzv
Council Meeting: March 29, 2012
Account Code #:_
Budgeted Amount:
Item No. 10
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action approving a Resolution regarding funding for
driveway improvements on FM 455. (City Manager).
SUMMARY: When FM 455 is reconstructed, a raised median will be constructed down the
middle separating the east and west bound traffic lanes. Median breaks are being constructed at
most of the public road intersections and several locations that align with private driveways.
Both Bronco Mfg. and Texas Star Bank have expressed a desire maintain their access drives that
will allow east bound traffic to turn left into their businesses. TxDOT will not allow a median
break to align with both driveways since they are so close together. We have been working with
Bronco Mfg., Texas Star Bank, TxDOT, Collin County and the project engineer over the past 18
months to find a solution that will allow east bound traffic to access their business locations.
Last year, the project engineer proposed, and all parties agreed on a design that would replace the
two existing driveways with a single common driveway located between the existing drives. A
median break would be constructed to align with the new common driveway. The property
owners (Bronco Mfg. and Texas Star Bank) have agreed to share the cost of a single shared
median break, but stipulated that TxDOT should pay for the cost of connecting the two parking
areas with the new common driveway. From their perspective, they feel like they have already
incurred the cost of building a driveway to their respective parking areas (which they would
prefer to keep), and that these additional costs are the result of TxDOT's push to consolidate the
two existing driveway's into one. The project engineer initially felt like this was a reasonable
compromise and that TxDOT would likely cover the additional costs since they would only have
to build one driveway instead of two.
TxDOT has recently advised the project engineer and Collin County that the common driveway
and parking lot connection improvements can be included in the construction contract, but that
TxDOT funds cannot be used to pay for improvements located outside of the TxDOT right-of-
way. The Collin County Engineer (who is managing the engineering contract) has asked the
County Commissioner's Court to fund the additional off -site construction work which is
estimated at $60K. The Commissioner's Court is willing to help cover the estimated $60K in
additional funds required to connect the Bronco and Bank parking areas to the new driveway,
but, since the project is located in the City of Anna, they would like to see the City contribute
something (around 50%) to the overall cost. They have indicated that they would accept a
proposal similar to what was agreed upon to cover city participation in paving the County roads.
Item No. 10
City Secretary's use only
The attached Resolution authorizes Collin County to allocate approximately $30K in County
bond funds reserved for City of Anna roadway projects to fund the off -site construction work
that is necessary to tie the two existing parking areas into the new common driveway between
Bronco Mfg. and Texas Star Bank,
RECOMMENDATION: Staff recommends approval of the attached Resolution
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING COLLIN COUNTY
TO ALLOCATE A PORTION OF THE 2007 COUNTY BOND PROCEEDS FOR
IMPROVEMENTS ON FM 455
WHEREAS, the Texas Department of Transportation (TxDOT) plans to reconstruct FM
455 between U.S. 75 and S.H. 5 with a divided raised median; and
WHEREAS, Both Bronco Mfg. and Texas Star Bank have expressed a desire to
maintain their access drives that will allow east bound traffic to turn left into their
businesses; and
WHEREAS, TxDOT will not allow a median break to align with both driveways due to
their close proximity to each other; and
WHERERAS, the City of Anna, Texas (the City) has been working with Bronco Mfg.,
Texas Star Bank, TxDOT, Collin County and the project engineer to find a solution that
will allow east bound traffic to access these two business locations; and
WHEREAS, TxDOT has agreed to construct a single median break and common
driveway located between Bronco Mfg. and Texas Star Bank if the two businesses
agree to pay for the median break and abandon the two driveways in closest proximity
to each other; and
WHEREAS, Bronco Mfg. and Texas Star Bank have agreed to pay for the median break
and share a common driveway with the stipulation that TxDOT pay for the cost of
connecting their two existing parking areas with the new common driveway; and
WHEREAS, TxDOT has recently advised the project engineer and Collin County that
the common driveway and parking lot connection improvements can be included in the
construction contract, but that TxDOT funds cannot be used to pay for improvements
located outside of the TxDOT right -of --way (the Off -Site Improvements); and
WHEREAS, the project engineer and TxDOT have estimated the cost of the Off -Site
Improvements at $60,000; and
WHEREAS, The Collin County Commissioner's Court is willing to pay for the Off -Site
Improvements provide the City contribute something to toward the overall cost of said
Improvements;
WHEREAS, failure to reach an agreement on funding for the Off -Site Improvements
could increase the overall cost of the roadway project and delay the project letting date;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
RES, 2012-03- Funding FM 455 median break PAGE 1 OF 2 03-29-12
Section I Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. City Contribution to help fund Off -Site Improvements
The City Council of the City of Anna, Texas hereby authorizes Collin County to allocate
approximately $30,000 in County bond funds reserved for City of Anna roadway
projects fund one-half of the Off -Site Improvements, with the stipulation and
understanding that Collin County will pay TOOT for full cost of the Off -Site
Improvements.
t"
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 29
day of March 2012.
APPROVED: ATTEST:
Darren R. Driskell, Mayor
Natha Wilkison, City Secretary
RES. 2012-03- Funding FM 455 median break PAGE 2 OF 2 03-29-12
Y{OUR} HOMETOW N
Council Meeting: March 29I 2012
Account Code #:_
Budgeted Amount:
Item No. 11
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action adopting a Resolution authorizing and creating
the FM 455 Median Break Public Improvement District and setting forth procedures and
methods and making provisions for notices relating to said District.
SUMMARY: The attached Resolution authorizes the creation of the FM 455 Public
Improvement District which will fund the construction of a median break in front of the Anna
Market Center shopping center. The Resolution also sets a public hearing for April 24th at which
property owners will be given an opportunity to comment on the proposed assessment schedule.
At the public hearing the Council must "hear and pass" on any objections made to the
assessments. The Council will then adopt an ordinance levying the assessments.
RECOMMENDATION: Staff recommends approval of the attached Resolution
CITY OF ANNA, TEXAS
RESOLUTION NO. 2012-03-01
A RESOLUTION CREATING FM 455 MEDIAN BREAK PUBLIC IMPROVEMENT DISTRICT
AUTHORIZING AND ORDERING PUBLIC IMPROVEMENTS FOR THE BENEFIT OF SAID
DISTRICT; PROVIDING FOR NOTICE OF PUBLIC HEARING ON ASSESSMENTS;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, on January 23, 2012 there was presented to the City of Anna, Texas (the "City") a
petition (the "Petition"), which described the public improvements proposed to be made within
the proposed public improvement district (the "District") and sought authorization to create the
District and to make improvements including a median break on or near FM 455 in the
corporate limits of Anna, Texas; and
WHEREAS, notice of a public hearing was published on February 10, 2012 in a newspaper of
general circulation within the City and was mailed to the owners, as reflected on the tax rolls,
of property subject to assessment in the District, giving interested persons the opportunity to
appear and be heard; and
WHEREAS, before conducting said public hearing on
Council
WHEREAS, the City Council opened the public hearing on February 28, 2012, in order to hear
testimony and public comment regarding the creation and authorization of the District and the
proposed public improvements; and
WHEREAS, all owners of property located within the proposed District and all other interested
persons were given the opportunity at said public hearing to speak for or against the creation
of the District and the proposed public improvements; and
WHEREAS, after the close of said public hearing, the City Council adopted a resolution
making certain findings regarding the advisability of creating the District; and
WHEREAS, the City Council by this resolution desires to create the District and to
authorize and order the public improvements to benefit the District as set forth in this
resolution;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS, THAT:
Section 1. Recitals Incorporated.
The City Council hereby approves the statements contained in the preamble of this resolution
and finds that all statements are true and correct and incorporates the same in the body of this
resolution as if set forth in full for all purposes.
Res. 2012-03-01 Creating FM 455 Median Break PID Page 1 03-29-12
Section 2. Findings of the Council.
The City Council, after considering the Petition and the evidence, any testimony and
comments presented at the public hearing, and information presented by City staff hereby
finds and determines that:
(a) the Petition was duly filed with the City Secretary and was signed by owners of taxable
real property representing more than 50 percent of the appraised value of taxable real
property liable for assessment under the proposal, as determined by the current
appraisal roll of the appraisal district in which the property is located, and by the record
owners of real property liable for assessment under the proposal who own taxable real
property that constitutes more than 50 percent of the area of all real property that is
liable for assessment under the proposal;
(b) the proposed public improvements described in the Petition are of the nature of the
public improvements described in Section 372.003 of Texas Local Gov't Code, as
amended, and are advisable and desirable improvements for the proposed District in
that the proposed public improvements will provide additional access via a median
break on Farm to Market Road 455 for the properties within the proposed District and
that, due to the area's close proximity to U.S. Highway 75 and North Powell Parkway
(Hwy 5), and a projected increase in traffic volume in the area and the potential number
of residents and businesses in the District, such additional access will enhance the
health and safety of all residents of the District and will provide necessary and/or
enhanced public access to properties within the proposed District;
(c) the proposed public improvements will promote the interests of the City and are of the
nature that will confer a special benefit on all property within the District by enhancing
the value of such property located within the District;
AN
the nature of the proposed improvements and estimated costs thereof are set forth and
described in Exhibit A attached hereto and made a part hereof for all purposes;
(e) the boundaries of the District include all of the property that is set forth and described in
Exhibit B attached hereto and made a part hereof for all purposes;
(f) the method of assessment of costs of the proposed improvements will be levied in a
manner that results in imposing equal shares of the costs on property similarly
benefitted;
(g) the method of assessment is such that the owners of property in the District located on
the north side of FM 455 shall be responsible for one-half of the total cost of the
improvements with each such owner being assessed a portion based on the percentage
land area within the District located on the north side of FM 455 owned by each property
owner and the owners of property in the District located on the south side of FM 455
shall be responsible for one-half of the total cost of the improvements with each such
owner being assessed a portion based on the percentage land area within the District
located on the south side of FM 455 owned by each property owner;
(h) the costs of the improvements shall be apportioned between the District and City such
that all such costs are paid from the assessments levied on the property within the
Res. 2012-03-01 Creating FM 455 Median Break PID Page 2 03-29-12
District and no costs are paid by the City;
(1) the District shall be managed without the creation of an advisory body; and
(j) the making of the improvements by the creation of the District is advisable.
Section 3. Authorization and Creation of the FM 455 Median Break PID.
Based on the foregoing, the FM 455 Median Break Public Improvement District is hereby
authorized, created, and established and the public improvements as described in Exhibit A
are authorized and ordered to be made subject to the time period and conditions set forth in
Texas Local Government Code § 372.010(c).
Section 4. Direction for Publication of Notice of Authorization.
After adoption of this resolution, the City Secretary is authorized and directed to cause
newspaper publication of notice of this authorization in the form attached to this resolution as
Exhibit C.
Section 5. Proposed Service Plan, Assessment Plan, and Assessment Role.
The City Council by this resolution acknowledges the proposed service plan, assessment plan,
and assessment role attached hereto as Exhibit D. Said exhibit, including Exhibits D-1, D-2,
and D-3, attached thereto, are incorporated herein by reference as if set forth in full and said
plans and roles shall be filed in the office of the City Secretary for public inspection.
Section 6. Direction for Publication and Mailing of Notice of Public Hearing on
Assessments.
A public hearing is hereby called for the 24th day of April, 2012, at 7:30 p.m. at the Anna City
Hall Administration Building, 111 N. Powell Parkway, Anna, Texas, for the purpose of levying
assessments against the benefitted property within the District for the cost of the public
improvements to be made within said District and the expenses incurred in establishment of
the District and related costs incident to same.
At such time and place the City Council will hear testimony regarding the proposed
assessments. All written or oral objections to the assessments will be considered at the
hearing. The costs of the acquisition, installation and construction of such improvements is
approximately $72,136.49 for construction costs and $3,000 in administrative and legal costs
over the life of the District.
After adoption of this resolution, the City Secretary is authorized and directed to cause
newspaper publication of notice of this authorization in the form attached to this resolution as
Exhibit E.
The proposed assessment roll attached hereto as Exhibit D, and including Exhibit D-1, D-2,
and D-3 shall be filed with the City Secretary and shall be open for public inspection upon and
after the adoption of this resolution, providing for the costs of said improvements to be
Res. 2012-03-01 Creating FM 455 Median Break PID Page 3 03-29-12
assessed, levied, and apportioned against acreage within the District and the real and true
owner or owners of said acreage.
The City Secretary shall publish a notice of the public hearing in accordance with the
applicable provisions of Texas Local Gov't Code Chapter 372 and shall mail a copy of said
notice to the owners of property within the District liable for assessment as required by law.
Section 7. Severability.
It is hereby declared to be the intention of the City, that sections, paragraphs, clauses,
sentences and phrases of this resolution are severable, and if any section, paragraph, clause,
sentence or phrase of this resolution shall be declared unconstitutional or illegal by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality or illegality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of
this resolution since the same would have been enacted by the City without the incorporation
in this resolution of any such unconstitutional or illegal section, paragraph, clause, sentence or
phrase.
Section 8. Passage.
The authorization of the District pursuant to this resolution shall take effect upon publication of
the authorization as provided above.
PASSED AND APPROVED by the City Council of the City of Anna, Texas this the 29t" day of
March, 2012.
ATTESTED:
City Secretary, Natha Wilkison
APPROVED:
Mayor, Darren R. Driskell
Res. 2012-03-01 Creating FM 455 Median Break PID Page 4 03-29-12
EXHIBIT A
PROPOSED IMPROVEMENTS AND ESTIMATED COSTS
Improvements —Design and construction of a median break on Farm to Market Road 455
within the District.
Estimated Costs of Improvements —The estimated costs of the improvements, including
financing, total $72,136.49 for construction and $3,000 in administrative and legal costs over
the life of the District, which amounts may be modified to conform to actual expenses. A total
A 100% of such actual costs of the improvements shall be paid by assessment of the property
owners within the District. The City will initially fund the total costs of the improvements, with
said costs being reimbursed to the City through the assessments levied on the owners in the
District.
BOUNDARIES OF THE PUBLIC IMPROVEMENT DISTRICT
South side of West White Street (FM 455):
Lot 1 Block A, Anna Market Center, Document Number 20080618010002250 - 6.010
Acres;
Lot 2 Block A, Anna Market Center, Document Number 20080618010002250 — 1.289
Acres;
Lot 3 Block A, Anna Market Center, Document Number 20080618010002250 — 1.184
Acres;
Lot 4 Block A, Anna Market Center, Document Number 20080618010002250 — 0.991
Acres;
Lot 5 Block A, Anna Market Center, Document Number 20080618010002250 — 1.382
Acres; and:
Lot 6 Block A, Anna Market Center, Document Number 20080618010002250 — 1.977
Acres; and
The section of FM 455 between the south side described above and the north side described below;
and:
North side of West White Street (FM 455):
Lot 1 Block A, Summer Hill Addition, Document Number 20110124010000170 — 0.63
Acres;
Tract 1, Part of Deed Document Number 20071205001623100 -10.70 Acres; Being a
tract of land situated in the F.T. Duffau Survey, Abstract Number 288, in the City of
Anna, Collin County, Texas, and being part of that 20 acre tract of land described by
deed to Anna 455 Commercial, LP. as recorded under Document Number
20071205001623100, Deed Records, of Collin County Texas; said tract being more
particularly described by the metes and bounds as follows:
COMMENCING from the southeasterly corner of said 20 acre tract, same being in the
northerly line of West White Street at a point;
THENCE North 86 degrees 48 minutes 33 seconds West a distance of 67.12 feet to a
point for corner;
THENCE North 88 degrees 43 minutes 33 seconds West a distance of 1.31 feet to a
point for corner;
THENCE North 01 degrees 16 minutes 27 seconds East a distance of 237.0 feet to a
point for corner;
THENCE North 88 degrees 43 minutes 33 seconds West a distance of 126.5 feet to a
point for corner;
THENCE South 01 degrees 16 minutes 27 seconds West a distance of 237.0 feet to a
point for corner;
THENCE North 88 degrees 43 minutes 33 seconds West a distance of 483.04 feet to a
point for corner;
THENCE North 01 degrees 06 minutes 52 seconds East a distance of 727.04 feet to a
point for corner;
THENCE South 88 degrees 53 minutes 08 seconds East a distance of 680.21 feet to a
point for corner;
THENCE South 00 degrees 47 minutes 01 seconds West a distance of 554.40 feet to a
point for corner;
THENCE South 02 degrees 53 minutes 27 seconds West a distance of 176.87 feet to
the POINT OF BEGINNING and containing 10.70 acres of Land More or less; and
Tract 2, Part of the remainder of 157.844 Acres in Vol. 3346, Pg. 764 Described in Vol.
736, Pg 589 — 9.15 Acres; Being a tract of land situated in the F.T. Duffau Survey,
Abstract Number 288, in the City of Anna, Collin County, Texas, and being part of
157.844 acre tract of land conveyed to Rudman Partnership, by deed as recorded in
Volume 3346, Page 764, Deed Records, of Collin County Texas; said tract being more
particularly described by the metes and bounds as follows:
COMMENCING from a point that bears South 00 degrees 45 minutes 31 seconds West
a distance of 24.78 feet from the southwest corner of lot 32 block A of the Settlers' Way
Addition in the city of Anna according to the plat recorded in Cabinet "P", Page 967 of
the Official Public Records of Collin County Texas to the POINT OF BEGINNING;
THENCE North 87 degrees 23 minutes 30 seconds West a distance of 329.73 feet to a
point for corner;
THENCE North 01 degrees 05 minutes 29 seconds East a distance of 220.49 feet to a
point for corner;
THENCE South 78 degrees 01 minutes 29 seconds West a distance of 154.18 feet to a
point for corner;
THENCE South 03 degrees 07 minutes 29 seconds West a distance of 180.84 feet to a
point for corner;
THENCE North 86 degrees 48 minutes 33 seconds West a distance of 99.72 feet to a
point for corner;
THENCE North 02 degrees 53 minutes 27 seconds East a distance of 176.87 feet to a
point for corner;
THENCE North 00 degrees 47 minutes 01 seconds East a distance of 554.40 feet to a
point for corner;
THENCE South 88 degrees 53 minutes 08 seconds East a distance of 578.95 feet to a
point for corner;
THENCE South 00 degrees 45 minutes 31 seconds West a distance of 748.24 feet to
the POINT OF BEGINNING and containing 9.15 acres of Land More or less.
EXHIBIT C
NOTICE OF AUTHORIZATION AND CREATION OF FM 455 MEDIAN BREAK PUBLIC
IMPROVEMENT DISTRICT BY CITY OF ANNA, TEXAS
The City Council of the City of Anna, Texas, by majority vote of all members on March 291
2012, authorized, established, and created the FM 455 Median Break Public Improvement
District ("District") by Resolution No. 2012-03-01 to take effect on the date this notice is
published. The District may not provide any services or improvements until at least 20 days
after authorization of the District takes effect and may not begin if during this 20-day period
written protests signed by at least two-thirds of the owners of record of property within the
District or by the owners of record of property comprising at least two-thirds of the total area of
the District are filed with the City Secretary.
-f a
FM 455 MEDIAN BREAK PUBLIC IMPROVEMENT DISTRICT
SERVICE PLAN, ASSESSMENT PLAN, AND ASSESSMENT ROLL
Chapter 372 of the Local Government Code of the State %J Texas, known as the "Public
Improvement District Assessment Act" (the "Act"), authorizes and defines formation of a Public
Improvement District within the State of Texas.
By action taken by the City Council of the City of Anna, Texas ("City Council"), on March 29,
2012, the City of Anna, Texas (the "City") authorized by resolution the establishment of FM 455
MEDIAN BREAK PUBLIC IMPROVEMENT DISTRICT (the "District") within the boundaries set forth in
Exhibit D=1, attached hereto.
In compliance with requirements outlined in various sections of the Act, the Service and
Assessment Plan for the District is defined herein.
Section 1. Improvements to be Provided to the District.
After analyzing the improvements authorized by the Act, the City, acting through the District,
determined that the construction and/or acquisition of the improvements as set forth in Exhibit D-2,
attached hereto, and described in part as "[d]esign and construction of a median break on Farm to
Market Road 455 within the District" (the "Improvements"), which are allowed by the Act, should be
provided within the District and will be of special benefit to the property within the District.
After completion of the Improvements, the City will operate and maintain the Improvements at
its expense.
Section 2. Assessment Plan.
After analyzing the assessment methods allowed by the Act, the City has determined that costs
of the Improvements apportioned against the acreage within the District and the real and true owner or
owners thereof is such that the owners of property in the District located on the north side of FM 455
shall be responsible for one-half of the total cost of the improvements with each such owner being
assessed a portion based on the percentage land area within the District located on the north side of
FM 455 owned by each property owner and the owners of property in the District located on the south
side of FM 455 shall be responsible for one-half of the total cost of the improvements with each such
owner being assessed a portion based on the percentage land area within the District located on the
south side of FM 455 owned by each property owner.
Section 3. Assessment Roll.
The Assessment Roll is described as being those properties more specifically described in
Exhibit D-3, and shall be revised as necessary to reflect any parcels sold, given, dedicated or
otherwise conveyed.
Section 4. Costs.
The estimated total costs of the improvements is $72,136.49 for construction and $3,000 in
administrative and legal costs over the life of the District, which may be modified to conform to actual
expenses. The Improvement Costs shall be paid by assessment of the property owners within the
District.
Section 5 Maintenance Costs of Improvements to be Paid by City.
In accordance with the Act, and in accordance with all applicable local, state, and federal laws
and regulations, the City and/or an agency of the state will provide for the ongoing annual maintenance,
operation, and repair of the Improvements from the date of completion and acceptance of the
Improvements.
Section 6 Ownership of Improvements.
Upon completion and acceptance of the Improvements, title to the Improvements and all land,
easements and right-of-way related thereto shall vest in the City or the state.
Section 7. Levy of Assessments.
There shall be levied by the City the special assessments set forth in Exhibit D-3 attached
hereto (collectively, the "Assessments") to pay the Improvement Costs. Any real property conveyed to
the City in connection with the Improvements or real property owned by the State of Texas shall not be
assessed.
Each Assessment, in the amount set forth in Exhibit D-3, shall be due and payable upon
issuance of the first invoice for payment of assessment sent by the City to the property or property
owner assessed.
If assessed property within the District is transferred to a party that is exempt from payment of
the Assessment under applicable law, or if an owner causes assessed property or a portion thereof to
become non-benefitted property, the owner thereof shall pay to the City the full amount of the
Assessment, plus accrued interest thereon, for such property prior to any such transfer or act.
Section 8 Prepayment of Assessments for Each Year.
Pursuant to the provisions of Section 372.018 of the Act, an Assessment may be paid in whole
at any time by paying the unpaid amount of the Assessment plus the interest accrued or penalties that
have been imposed prior to the date of payment of the Assessment.
Section 9 Interest and Penalties on Delinquent Assessments.
A delinquent Assessment will accrue interest, penalties, and attorneys fees in the same manner
as delinquent ad valorem taxes, as set forth in Section 33.01 et seq. of the Texas Tax Code.
Section 10 No Discounts or Split Payments.
There will be no partial payment of an Assessment or discount for the early payment of an
Assessment.
Section 11. Lien for Collection of Assessments.
Assessments together with interest, penalties, and expense of collection and reasonable
attorneys fees, as permitted by the Act and the Texas Tax Code shall be a first and prior lien against
the property assessed, superior to all other liens and claims, except liens or claims for state, county,
school district, or municipal ad valorem taxes, and shall be a personal liability of and charge against the
owner of the property regardless of whether the owners are named. The lien for Assessments thereof
and penalties and interest is effective from the date of the ordinance levying the Assessments until the
Assessment is paid, and shall be enforced by the City in the manner provided by the Texas Tax Code
for collecting ad valorem taxes on real property.
Section 12. Applicability of Texas Tax Code.
To the extent not inconsistent with the ordinance levying Assessments (the "Assessment
Ordinance"), and not inconsistent with Chapter 372 of the Act or the other laws governing public
improvement districts, the provisions of the Texas Tax Code shall be applicable to the imposition and
collection of Assessments by the City.
Section 13. Lien Survives Foreclosure.
Any sale of property for nonpayment of an Assessment shall be subject to the lien established
for the remaining unpaid Assessment against such property and such property may again be sold at a
judicial foreclosure sale if the purchaser thereof fails to make timely payment of the nondelinquent
Assessment or installment portion thereof against such property as it becomes due and payable
pursuant to the terms of the Assessment Ordinance.
Section 14. Reassessments.
Pursuant to Section 372.020, Texas Local Government Code, the City Council may make a
reassessment of a parcel of land if: (1) a court of competent jurisdiction sets aside an Assessment
against the parcel; (2) the City Council determines the original Assessment is excessive; or (3) on the
written advice of counsel, the City Council determines that the original Assessment is invalid.
Section 15. Service Plan.
In accordance with the requirements of the Act, the five-year service plan for the District projects
I total of $72,136.49 for construction costs and $3,000 in administrative and legal costs over the life of
the District is as follows:
Year
Annual Protected Costs
Annual Projected Indebtedness
1
$75,136649
$0.00
2
$0.00
$0.00
3
$0.00
$0.00
4
$0.00
$0.00
5
1$0.00
$0.00
Total
$75,136.49
$0.00
EXHIBIT D-1
Boundaries
South side of West White Street (FM 455):
Lot 1 Block A, Anna Market Center, Document Number 20080618010002250 - 6.010
Acres;
Lot 2 Block A, Anna Market Center, Document Number 20080618010002250 — 1.289
Acres;
Lot 3 Block A, Anna Market Center, Document Number 20080618010002250 — 1.184
Acres;
Lot 4 Block A, Anna Market Center, Document Number 20080618010002250 — 0.991
Acres;
Lot 5 Block A, Anna Market Center, Document Number 20080618010002250 — 1.382
Acres; and:
Lot 6 Block A, Anna Market Center, Document Number 20080618010002250 — 1.977
Acres; and
The section of FM 455 between the south side described above and the north side described
below; and:
North side of West White Street (FM 455):
Lot 1 Block A, Summer Hill Addition, Document Number 20110124010000170 — 0.63
Acres;
Tract 1, Part of Deed Document Number 20071205001623100 -10.70 Acres; Being a
tract of land situated in the F.T. Duffau Survey, Abstract Number 288, in the City of
Anna, Collin County, Texas, and being part of that 20 acre tract of land described by
deed to Anna 455 Commercial, LP. as recorded under Document Number
20071205001623100, Deed Records, of Collin County Texas; said tract being more
particularly described by the metes and bounds as follows:
COMMENCING from the southeasterly corner of said 20 acre tract, same being in the
northerly line of West White Street at a point;
THENCE North 86 degrees 48 minutes 33 seconds West a distance of 67.12 feet to a
point for corner;
THENCE North 88 degrees 43 minutes 33 seconds West a distance of 1.31 feet to a
point for corner;
THENCE North 01 degrees 16 minutes 27 seconds East a distance of 237.0 feet to a
point for corner;
THENCE North 88 degrees 43 minutes 33 seconds West a distance of 126.5 feet to a
point for corner;
THENCE South 01 degrees 16 minutes 27 seconds West a distance of 237.0 feet to a
point for corner;
THENCE North 88 degrees 43 minutes 33 seconds West a distance of 483.04 feet to a
point for corner;
THENCE North 01 degrees 06 minutes 52 seconds East a distance of 727.04 feet to a
point for corner;
THENCE South 88 degrees 53 minutes 08 seconds East a distance of 680.21 feet to a
point for corner;
THENCE South 00 degrees 47 minutes 01 seconds West a distance of 554.40 feet to a
point for corner;
THENCE South 02 degrees 53 minutes 27 seconds West a distance of 176.87 feet to
the POINT OF BEGINNING and containing 10.70 acres of Land More or less; and
Tract 2, Part of the remainder of 157.844 Acres in Vol. 3346, Pg. 764 Described in Vol.
736, Pg 589 — 9.15 Acres; Being a tract of land situated in the F.T. Duffau Survey,
Abstract Number 288, in the City of Anna, Collin County, Texas, and being part of
157.844 acre tract of land conveyed to Rudman Partnership, by deed as recorded in
Volume 3346, Page 764, Deed Records, of Collin County Texas; said tract being more
particularly described by the metes and bounds as follows:
COMMENCING from a point that bears South 00 degrees 45 minutes 31 seconds West
a distance of 24.78 feet from the southwest corner of lot 32 block A of the Settlers' Way
Addition in the city of Anna according to the plat recorded in Cabinet "P", Page 967 of
the Official Public Records of Collin County Texas to the POINT OF BEGINNING;
THENCE North 87 degrees 23 minutes 30 seconds West a distance of 329.73 feet to a
point for corner;
THENCE North 01 degrees 05 minutes 29 seconds East a distance of 220.49 feet to a
point for corner;
THENCE South 78 degrees 01 minutes 29 seconds West a distance of 154.18 feet to a
point for corner;
THENCE South 03 degrees 07 minutes 29 seconds West a distance of 180.84 feet to a
point for corner;
THENCE North 86 degrees 48 minutes 33 seconds West a distance of 99.72 feet to a
point for corner;
THENCE North 02 degrees 53 minutes 27 seconds East a distance of 176.87 feet to a
point for corner;
THENCE North 00 degrees 47 minutes 01 seconds East a distance of 554.40 feet to a
point for corner;
THENCE South 88 degrees 53 minutes 08 seconds East a distance of 578.95 feet to a
point for corner;
THENCE South 00 degrees 45 minutes 31 seconds West a distance of 748.24 feet to
the POINT OF BEGINNING and containing 9.15 acres of Land More or less.
Exhibit D-2
FM 455 Median Break Public Improvement District ("District")
Improvements —Design and construction of a median break on Farm to Market Road 455 within
the District.
Estimated Costs of Improvements —The estimated costs of the improvements, including
financing, if any, total $72,136.49 for construction and $3,000 in administrative and legal costs
over the life of the District, which amounts may be modified to conform to actual expenses. A
total of 100% of such actual costs of the improvements shall be paid by assessment of the
property owners within the proposed Public Improvement District. The City will initially fund the
total costs of the improvements, with said costs being reimbursed to the City through the
assessments levied on the owners in the District.
Exhibit D-3
Initial Assessment Roll - FM 455 Median Break Public Improvement District
District properties, south of FM 455:
Property
Owner
Acreage
Description
Lots 3, 5, 6, Block A,
Assessment
$13,302.92
Anna Market
4.543
Center, Ltd.
(1977893.08
Anna Market Center
sq. ft.)
Addition
Independent
1.289
Lot 2, Block A, Anna
$3,771085
Bank
(56,148084
Market Center Addition
sq. ft.)
Brookshire
6.01
Lot 1, Block, A, Anna
$17,593021
Grocery
(261,795.60
Market Center Addition
Company
sq. ft.)
0.991
LBS Partners,
(43,167.96
Lot 4, Block A, Anna
$2,900.27
Inc.
sq ft)
Market Center Addition
District properties, north side of FM 455:
Property
Owner
Acrea e
Description
Lot 1, Block A, Summer
Assessment
$11157.10
Kwik Kar
0.63
(27,442680
Hill Addition
sq. ft.)
Anna 455
10.7 (466,092
Tract 1
$19,629041
Commercial
sq. ft.)
The Rudman
9.15 (398,574
Tract 2
$16,781.73
Partners
(sq. ft.)
EXHIBIT E
NOTICE OF PUBLIC HEARING AND INTENTION TO CONSIDER
PROPOSED ASSESSMENTS FOR FM 455 MEDIAN BREAK PUBLIC
IMPROVEMENT DISTRICT BY CITY OF ANNA, TEXAS
On April 24, 2012 at 7:30 p.m. at the Anna City Hall Administration Bung, 111 N.
Powell Parkway, Anna, Texas, the City Council of the City of Anna, Texas, shall conduct
a public hearing to consider levying assessments on the property within the FM 455
Median Break Public Improvement District ("District") for design and construction of a
median break on FM 455 to benefit the District at the estimated total construction cost of
$70,874.84 and $3,000 in administrative/legal expenses. Written and oral objections will
be considered at the hearing. Legal Description of District:
South side of West White Street (FM 455):
Lot 1 Block A, Anna Market Center, Document Number 20080618010002250 - 6.010
Acres;
Lot 2 Block A, Anna Market Center, Document Number 20080618010002250 — 1.289
Acres;
Lot 3 Block A, Anna Market Center, Document Number 20080618010002250 — 1.184
Acres;
Lot 4 Block A, Anna Market Center, Document Number 20080618010002250 — 0.991
Acres;
Lot 5 Block A, Anna Market Center, Document Number 20080618010002250 — 1.382
Acres; and:
Lot 6 Block A, Anna Market Center, Document Number 20080618010002250 — 1.977
Acres; and
The section of FM 455 between the south side described above and the north side
described below; and:
North side of West White Street (FM 455):
Lot 1 Block A, Summer Hill Addition, Document Number 20110124010000170 — 0.63
Acres;
Tract 1, Part of Deed Document Number 20071205001623100.10.70 Acres; Being a
tract of land situated in the F.T. Duffau Survey, Abstract Number 288, in the City of
Anna, Collin County, Texas, and being part of that 20 acre tract of land described by
deed to Anna 455 Commercial, LP. as recorded under Document Number
20071205001623100, Deed Records, of Collin County Texas; said tract being more
particularly described by the metes and bounds as follows:
COMMENCING from the southeasterly corner of said 20 acre tract, same being in the
northerly line of West White Street at a point;
THENCE North 86 degrees 48 minutes 33 seconds West a distance of 67.12 feet to a
point for corner;
THENCE North 88 degrees 43 minutes 33 seconds West a distance of 1.31 feet to a
point for corner;
THENCE North 01 degrees 16 minutes 27 seconds East a distance of 237.0 feet to a
point for corner;
THENCE North 88 degrees 43 minutes 33 seconds West a distance of 126.5 feet to a
point for corner;
THENCE South 01 degrees 16 minutes 27 seconds West a distance of 237.0 feet to a
point for corner;
THENCE North 88 degrees 43 minutes 33 seconds West a distance of 483.04 feet to a
point for corner;
THENCE North 01 degrees 06 minutes 52 seconds East a distance of 727.04 feet to a
point for corner;
THENCE South 88 degrees 53 minutes 08 seconds East a distance of 680.21 feet to a
point for corner;
THENCE South 00 degrees 47 minutes 01 seconds West a distance of 554.40 feet to a
point for corner;
THENCE South 02 degrees 53 minutes 27 seconds West a distance of 176.87 feet to
the POINT OF BEGINNING and containing 10.70 acres of Land More or less; and
Tract 2, Part of the remainder of 157.844 Acres in Vol. 3346, Pg. 764 Described in Vol.
736, Pg 589 — 9.15 Acres; Being a tract of land situated in the F.T. Duffau Survey,
Abstract Number 288, in the City of Anna, Collin County, Texas, and being part of
157,844 acre tract of land conveyed to Rudman Partnership, by deed as recorded in
Volume 3346, Page 764, Deed Records, of Collin County Texas; said tract being more
particularly described by the metes and bounds as follows:
COMMENCING from a point that bears South 00 degrees 45 minutes 31 seconds West
a distance of 24.78 feet from the southwest corner of lot 32 block A of the Settlers' Way
Addition in the city of Anna according to the plat recorded in Cabinet "P", Page 967 of
the Official Public Records of Collin County Texas to the POINT OF BEGINNING;
THENCE North 87 degrees 23 minutes 30 seconds West a distance of 329.73 feet to a
point for corner;
THENCE North 01 degrees 05 minutes 29 seconds East a distance of 220.49 feet to a
point for corner;
THENCE South 78 degrees 01 minutes 29 seconds West a distance of 154.18 feet to a
point for corner;
THENCE South 03 degrees 07 minutes 29 seconds West a distance of 180.84 feet to a
point for corner;
THENCE North 86 degrees 48 minutes 33 seconds West a distance of 99.72 feet to a
point for corner;
THENCE North 02 degrees 53 minutes 27 seconds East a distance of 176.87 feet to a
point for corner;
THENCE North 00 degrees 47 minutes 01 seconds East a distance of 554.40 feet to a
point for corner;
THENCE South 88 degrees 53 minutes 08 seconds East a distance of 578.95 feet to a
point for corner;
THENCE South 00 degrees 45 minutes 31 seconds West a distance of 748.24 feet to
the POINT OF BEGINNING and containing 9.15 acres of Land More or less.
xtoua} xomE'rowrr
Council Meeting: March 29, 2012
Account Code #:_
Budgeted Amount:
Item No. 12
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Phili
Exhibits: ❑Yes
Sanders
❑ No
AGENDA SUBJECT: Consider/Discuss/Action adopting an Ordinance regarding declaring an
Official newspaper of general circulation in the City.
SUMMARY: Section 11.02 of the Charter requires the City Council to designate an official
newspaper of general circulation in the City in which the city must all publish ordinances,
notices, and other matters required by the City charter, City ordinance, or state or federal law to
be published. In 2001 and again in 2007 the City Council designated the McKinney Courier
Gazette as the official newspaper. The Gazette has advised us that they are now only publishing
two days per week. With this development, the Anna Melissa Tribune has asked that we
consider making the Tribune the city's official newspaper. The Tribune is published once per
week on Thursday.
RECOMMENDATION: Given the Gazette's reduction of available publication dates, and
limited circulation in Anna, the City Council may want to consider changing the official
newspaper to the Anna Melissa Tribune. Staff recommends approval of the attached Ordinance.
CITY OF ANNA, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS PROVIDING FOR THE
DESIGNATION OF THE OFFICIAL NEWSPAPER BY THE CITY OF ANNA, TEXAS.
WHEREAS, pursuant to Section 11.02 of the City of Anna, Texas Home Rule Charter,
the City Council must designate an official newspaper for publishing ordinances,
notices, or other matters required by law or ordinance to be published for the City of
Anna, Texas;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Designation of Official Newspaper
The City Council of the City of Anne
Tribune as the official newspaper o
ordinances, notices, and other matters
state or federal law to be published.
Section 3. Revocation
Texas hereby designates the Anna Melissa
the City of Anna, Texas for publishing all
required by the City charter, City ordinance, or
This Ordinance shall remain in effect unless and until such time as the City Council of
the City of Anna shall repeal the same by ordinance.
Section 4. Conflicts
All ordinances and provisions of the City of Anna, Texas that are in conflict with this
Ordinance shall be and the same are hereby repealed, and all ordinances and provision
of ordinances of said City not so repealed are hereby retained in full force and effect.
Section 5. Severability
It is the intent of the City Council that each paragraph, sentence, subdivision, clause,
phrase or section of this Ordinance be deemed severable and, should any such
paragraph, sentence, subdivision, clause, phrase, or section be declared invalid or
unconstitutional for any reason, such declaration of invalidity or unconstitutionality shall
not be construed to affect the validity of those provisions of this Ordinance left standing.
Ord. -2012 Official Newspaper
PAGE 1 OF 2
03-29-12
Section 6. Effective Date
This Ordinance will be effective upon adoption by the City Council of the City of Anna,
Texas and publication to the extent required by law.
ADOPTED by the City Council of the City of Anna, Texas on this ZZI day of March
2012.
APPROVED:
ATTEST:
Darren R. Driskell, Mayor Natha Wilkison, City Secretary
Ord. -2012 Official Newspaper PAGE 2 OF 2 03-29-12
xcaux� somuarowN
Council Meeting: March 29, 2012
Account Code #:_
Budgeted Amount:
Item No. 13
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Chief Roma
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding an Ordinance amending Ordinance
No. 514-2010, regarding emergency management procedures and the Comprehensive
Emergency Management Plan,
SUMMARY: In October of 2010 the City Council adopted Ordinance No. 514-2010 which
established certain emergency management procedures and adopted a Comprehensive
Emergency Management Plan. Staff recently enlisted the Collin County Homeland Security
Department to help us review our emergency management plan. After completing our review of
the ordinance and management plan, Staff is recommending some amendments to the ordinance
and management plan that will improve our organizational response to a local emergency.
There are two primary changes to the attached ordinance. First, the Fire Chief is designated as
the Emergency Management Coordinator who will have primary responsibility to oversee the
city's operational response to a local emergency. Second, the Comprehensive Emergency
Management Plan has been amended to include the Collin County Emergency Operations Plan.
The inclusion of the County's Plan was recommended by the Collin County Homeland Security
Department and will help ensure that our plan follows the standards and criteria established by
the State Division of Emergency and Disaster Management. The City's Emergency
Management Plan (Exhibit B) has been amended to be consistent with these two changes.
RECOMMENDATION: Staff recommends approval of the attached Ordinance.
CITY OF ANNA, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING ORDINANCE NO.
514=2010, CREATING AN OFFICE OF EMERGENCY AND DISASTER
MANAGEMENT, DIRECTOR OF DISASTER AND EMERGENCY SERVICES, AND
OTHER OFFICES; PROVIDING FOR AN EMERGENCY MANAGEMENT PLAN,
PROVIDING DEFINITIONS; PROVIDING FOR A DECLARATION OF A DISASTER
PROCLAMATION; PROVIDING FOR SUSPENSION OF LAWS AND THE POWERS
OF THE MAYOR AND OTHER OFFICERS DURING AN EMERGENCY/DISASTER;
PROVIDING FOR PENALTIES IN AMOUNTS NOT TO EXCEED $2,000 FOR
VIOLATIONS; PROVIDING FOR CONSTRUCTION AND SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Anna, Texas finds that the identification of
potential hazards and the prevention or mitigation of their effects must be an ongoing
concern of the City if the lives and property of the populace are to be protected; and
WHEREAS, the City Council hereby declares that the preparation of a Comprehensive
Emergency Management plan, and the means for its implementation, for the protection
of lives and property of lives and property in the City of Anna from natural or manmade
disasters or threat thereof is immediately essential; and
WHEREAS, the City Council further finds that in times of disasters which may imperil
the safety of the inhabitants of the City, or their property, it becomes necessary to
effectuate and place into operation the preconceived plans and preparations with a
minimum of delay; and
WHEREAS, on October 12, 2010, the City Council adopted Ordinance No. 514-2010
which adopted a Comprehensive Emergency Management Plan and outlined certain
emergency management responsibilities and procedures;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA,TEXAS
Section 1. Recitals Incorporated
All matters stated in the preamble of this ordinance are found to be true and correct and
are incorporated into the body of this ordinance as if copied in their entirety.
Section 2. Amendments to Ordinance No. 514-2010.
2.01 Ordinance No. 514-2010, Sections 2-22 are, to the extent set forth below, hereby
amended as follows:
Section 2. Purpose.
CITY OF ANNA, TEXAS ORDINANCE NO._ Page 1 of 16
The purpose of this ordinance is to provide the necessary organization, powers,
and authority to provide the timely and effective use of all City resources to
prepare for, respond to and recover from disasters and or emergencies, natural or
manmade, that are likely to affect the health, security, safety, welfare or property
of the City and its residents, whether the events occur within or without the
corporate limits of the City. This ordinance is enacted to provide the city, its
officers and employees, with the broadest power permitted by the City Code, City
Charter, state and federal law to plan for and respond to disasters and
emergencies. This ordinance shall apply to all executive, legislative and judicial
branches, powers and functions conferred upon the City, its officers, employees,
and authorized agents.
Section 3. Definitions
For the purposes of this ordinance the following terms, phrases, words and their
derivations shall have the meaning given herein. When not inconsistent with the
context, words used in the present tense include the future, words in the plural
number include the singular and words in the singular number include the plural.
The word "shall' is always mandatory and not merely directory.
Chief Executive means the City Manager or the Deputy City Manager in his or her
absence or incapacity or the next City employee in succession who may be
available in the absence or incapacity of the Deputy City Manager.
City means the City of Anna, Collin County, Texas.
Civil Emergency means, without limitation, any condition of unrest, riot, civil
disobedience, affray, unlawful assembly, hostile, military or paramilitary action,
war, terrorism or sabotage.
Critical Infrastructure means all public or private assets, systems, and functions
vital to the security, governance, public health and safety, economy, or morale of
the City.
Curfew means the period during which no person other than expressly authorized
officials of the City, county, state or federal government may be present in or
upon public streets, sidewalks, parks or other Public Places or on private property
without the consent of the owner or tenant thereof or at any other place where
such person has no right or authority to be during such a period.
Dangerous Product means any material or product which could reasonably be
expected to be used as a tool of arson or terrorism, explosive or weapon,
including but not limited to: gasoline and other liquid flammable and combustible
products; dynamite and other explosives; firearms and ammunition; and knives
and other dangerous weapons.
CITY OF ANNA, TEXAS ORDINANCE NO._ Page 2 of 16
Disaster, whether natural or manmade, means, without limitation, the occurrence
or imminent threat of widespread or severe damage, injury, or loss of life or
property resulting from flood, fire, cyclone, tornado, earthquake, severe high or
low temperatures, water contamination or pollution, land contamination or
pollution, air pollution, blizzard, landslide, mudslide, hurricane, volcanic activity,
building or structural collapse, high water table, pandemic disease, epidemic, riot,
blight, drought, infestation, wind, storm, wave action, hazardous substance spills
or releases, chemical spills or releases, petroleum spills or releases, air
contamination, biological matter spills or releases, radiation releases or
exposures, infestation, explosions, sabotage, mass transportation accidents or
public health emergencies, computer failure or other electronic or technological
failures that threaten the public health, safety and welfare, hostile military or
paramilitary action or terrorist attack, or any other public calamity requiring
emergency action or a utility or energy emergency.
Emergency means the imminent threat or occurrence of a disaster, Civil
Emergency or utility or energy emergency affecting the City and its residents and
inhabitants where the Emergency Management Director determines that the
exercise or discharge of emergency or disaster powers is necessary to save lives,
protect property, to protect the public health and safety, or to lessen or to avert
the threat of a catastrophe or calamity within the City.
Emergency Management Coordinator means the Fire Chief or other person
designated by the Chief Executive to serve as the Emergency Management
Coordinator.
Emergency Management Director means the Mayor.
Emergency Management Plan means the plan attached to this ordinance as
Exhibit AB, as same may be amended or supplemented from time to time.
Homeland Security Activity means any activity related to the prevention or
discovery of, response to, or recovery from a terrorist attack, natural or man-
made disaster, hostile military or paramilitary action, or extraordinary law
enforcement emergency.
Mayor means the Mayor of the City or the Mayor Pro Tem in his or her absence
or incapacity or the next council member in succession who may be available in
the absence or incapacity of the Mayor Pro Tem.
Public Place means any public road, street, alley or other right-of-way within the
City or immediately adjacent thereto, any property owned or leased by the City or
under its control or any store, building or place at which people are assembled or
to which people commonly resort for purposes of business, amusement or
education.
CITY OF ANNA, TEXAS ORDINANCE NO._ Page 3 of 16
Utility Emergency means, without limitation, conditions which endanger or
threaten to endanger the safety, potability, availability, transmission, distribution,
treatment, or storage of water, natural gas, gas fuel, electricity, communication,
solid waste or sewage.
The term "energy emergency" and other terms not speccally defined herein
shall be defined in accordance with the definitions set forth in applicable
provisions of the state and federal law. All other terms not defined herein or in
applicable state or federal law shall be construed in their common and usual
meaning unless the contrary is clearly indicated.
Section 4. Organization.
The operational disaster and emergency services organization of the City shall
consist of the municipal officers and employees set forth in this ordinance and
those who may be designated by the Mayor (Emergency Management Director)
and Chief Executive —(Emergency Management 'na+^r`. Plans of
organization shall substantially conform to recommendations of the federal
government and the State Division of Emergency Management of the State of
Texas or any similar or successor agencies. The functions and duties of the
organization shall be distributed to the officers and employees of the City in
accordance with the terms of the emergency management program or plan.
Section 5. Emergency Management Plan.
The Emergency Management Coordinator shall develop and maintain and
recommend for adoption by the City Council any changes to the Emergency
Management Plan, as amended. The plan shall set forth the form of the
organization, establish and designate divisions and functions, assign
responsibilities, tasks, duties and powers and designate officers and employees
to carry out the provisions of this ordinance. As provided by state law, the plan
shall follow the standards and criteria established by the State Division of
Emergency or Disaster Management or any successor agency. Insofar as
possible, the form of organization, titles and terminology shall conform to the
recommendations of the State Division of Emergency Management. When
approved, it shall be the duty of all departments and agencies to perform the
functions assigned by the plan and to maintain their portion of the plan in a
current state of readiness at all times. The Emergency Management Plan shall be
considered supplementary to this ordinance and have the effect of law during the
time of a disaster or Emergency. The Emergency Management Coordinator
s+rester shall make continuing studies of the Emergency Management Plan or
program.
Section 6. Comprehensive Emergency Management Plan
CITY OF ANNA, TEXAS ORDINANCE NO._ Page 4 of 16
By adoption of this ordinance, the City further adopts the Collin County
Emergency Operations Plan attached to this ordinance as Exhibit A, and
incorporated herein for all purposes as if set forth in full; and the Emergency
Management Plan of the City of Anna, Texas, attached to this ordinance as
Exhibit B, and incorporated herein for all purposes as if set forth in full. The
substance of this ordinance, as amended, in combination with the Collin County
Emergency Operations Plan as amended, and the Emergency Management
Plan, as amended, shall be the City's Comprehensive Emergency Management
Plan. To the extent of any conflict between any of the provisions of this ordinance
and any of the provisions of the Collin County Emergency Operations Plan, or the
Emergency Management Plan, the provisions that provide the City with the
greater authority and ability to effectively respond in the event of an Emergency
shall govern.
Section 7. General Powers and duties of Emergency Management
Coordinator.
The duties and responsibilities of the Emergency Management Coordinator shall
include, without limitation, the following:
(a) Conduct an on -going survey of actual or potential hazards which
threaten life and property within the City and an on -going program
of identifying and requiring or recommending the implementation of
measures which would tend to prevent the occurrence or reduce the
impact of such hazards if a disaster did occur;
(b) Supervision of the continuing development the Emergency
Management Plan and recommendations for adoption of the City
Council all mutual aid arrangements deemed necessary for the
implementation of same;
(c) Direction and control of the operations of the City emergency and
disaster management organization, as well as the training of
emergency management personnel;
(d) Determination of all questions of authority and responsibility that
may arise within the emergency management organization of the
City;
(e) Maintenance of liaison with other municipal, county, district, state,
regional or federal emergency management organizations;
(f) Mar#afl+TMarshaling of all necessary personnel, equipment or
supplies from any department of the City and delegation of duties
and tasks to personnel and volunteers to aid in carrying out the
provisions of the Emergency Management Plan;
CITY OF ANNA, TEXAS ORDINANCE NO._ Page 5 of 16
(g) Supervision of the drafting and execution of mutual aid agreements
in cooperation with the representatives of the state and other local
political subdivisions of the state, and the drafting and execution, if
deemed desirable, of an agreement with the county in which the
City is located and with other municipalities within the county, for the
county -wide coordination of emergency management efforts;
(h) Supervision of the procurement of all
necessary supplies and equipment, including acceptance of private
contributions that may be offered for the purpose of improving
emergency management within the City;
(i) Authorizing agreements, after approval by the Chief Executive and
City Attorney, for use of private property for public shelter and other
purposes;
Q) Surveying the availability of existing personnel, equipment, supplies
and services which could be used during a disaster, as provided for
under this ordinance;
(k) Assisting the Chief Executive and the Emergency Management
Director in his or her exercise of emergency powers as set forth in
the Comprehensive Emergency Management Plan. The Emergency
Management Coordinator shall consult with the Chief Executive and
City Attorney and other appropriate City personnel in the planning
and exercise of emergency measures;
(I) Coordinate with the state and federal government, the Department
of Homeland Security and any successor agency and other
governmental agencies as may be necessary to plan and implement
a joint jurisdiction emergency planning and disaster services plan
and mutual aid arrangements;
(m) Request the Emergency Management Director when appropriate to
declare a state of disaster or Emergency;
(n) Control and direct emergency training activities;
(o) Marshal and direct, after the declaration of a state of disaster or
Emergency, the operational disaster and emergency services
organization of the City, including all necessary personnel
equipment and supplies from any department of the City to aid in
carrying out the Comprehensive Emergency Management Plan;
are under the direction of the Chi
CITY OF ANNA, TEXAS ORDINANCE NO._ Page 6 of 16
Management Director and in consultation with the City Attorney, all
necessary emergency proclamations, rules, and orders;
(q) Serve as an operations officer for any joint or mutual emergency
operations administration;
(r) Exercise any other process or duties as may be assigned by the
Chief Executive or City Council and as may be specified in all
applicable state and federal laws, or any successor statute and any
other applicable local, state or federal laws;
(s) Consult with the Chief Executive and City Attorney as necessary in
the planning and exercise of emergency powers.
Section 8. Declaration of State of Disaster.
The Emergency Management Director is hereby authorized to declare by
proclamation a state of disaster and to take any action authorized under the
Comprehensive Emergency Management Plan deemed necessary to provide
adequate control over persons and conditions during such periods of impending
or actual public Emergency or disaster, and it is the intent of the City Council to
provide the means whereby the Emergency Management Director may take steps
to protect lives and property and maintain the operation of the government, until
the City Council or the Governor of the state shall further act.
Section 9. Filing and Notice of Declaration and Regulation.
Any proclamation or declaration of disaster or Emergency and emergency
regulations issued by the Emergency Services Director shall be promptly filed
with the City Secretary and the public shall be promptly notified through general
publicity of said declaration in the official newspaper of the City or by local radio
or television or by posting said declaration and regulations on the City's website
or by circulating notice or by posting signs at conspicuous places within the
affected area or by any combination of such methods or as otherwise may be
required by law.
Section 10. Term of Declaration.
The declaration of a local disaster or Emergency shall be in effect immediately
upon issuance and shall remain in effect for a period of up to two days or the
maximum period allowed by law. This period may be extended by the Emergency
Management Director only upon approval of the City Council or by the Governor.
Section 11. Powers and Duties of Emergency Management Director During
Emergency or Disaster.
CITY OF ANNA, TEXAS ORDINANCE NO._ Page 7 of 16
Subject to all restrictions set forth in the City's Home -Rule Charter, and in
consultation with the Chief Executive and Emergency Management Coordinator,
and —to the extent possible in consultation with the Policy Group members set
forth in the Emergency Management Plan —the Emergency Management Director
is authorized, if he or she finds that the City or any part thereof is suffering or is in
imminent danger of suffering an Emergency, to declare a local disaster and
issue orders exercising all emergency powers including without limitation, all of
the following:
(a) Temporarily suspend, limit, cancel, convene, reschedule, postpone,
continue, or relocate all meetings of the City Council, and any City
committee, commission, board, authority, or other City body as
deemed appropriate by the Emergency Management Director.
(b) Suspend or limit the sale, distribution, dispensing or transportation
of alcoholic beverages, firearms, explosives, and other combustible
products and require the closing of those businesses or parts of
businesses insofar as the sale, distribution, dispensing, or
transportation of these items are concerned.
(c) Establish a curfew during such hours of the days or nights and
affecting such categories of persons as may be designated.
(d) Require closing of business establishments.
(e) Prohibit the sale or distribution within the City of any products which
could be employed in a manner which would constitute a danger to
public safety.
(f) Temporarily close any and all streets, alleys, sidewalks, bike paths,
public parks or public ways.
(g) Temporarily suspend or modify, for not more than four days, any
regulation or ordinance of the City, including but not limited to, those
regarding health, safety, and zoning. This period may be extended
upon approval of the City Council.
(h) Suspend or limit the use of the City's water resources or other
infrastructure.
(i) Control, restrict, allocate, or regulate the use, sale, production, or
distribution of food, water, fuel, clothing, and/or other commodities,
materials, goods, services, and resources including the
establishment of wage, rent, and price controls and other economic
stabilization methods necessary to preserve economic stability.
CITY OF ANNA, TEXAS ORDINANCE NO._ Page 8 of 16
(j) Suspend or limit burning of any items or property within the City
limits and up to five miles outside the corporate limits.
(k) Authorize the Chief Executive
to require emergency services of any City officer or employee. If
regular City forces are determined to be inadequate, then to acquire
the services of such other personnel as the Emergency
Management Director can obtain that are available, including citizen
volunteers. All duly authorized persons rendering emergency
services shall be entitled to the privileges and immunities as are
provided by state law to other registered and identified disaster
emergency workers.
(I) Authorize the Chief Executive
to utilize all available resources of the City as reasonably necessary
to manage the disaster or Emergency.
(m) Direct and compel the evacuation of all or part of the population
from any stricken or threatened areas within the City if the
Emergency Management Director deems this action is necessary
for the preservation of life, property, or other disaster or emergency
mitigation, response or recovery and to prescribe routes, modes of
transportation and destination in connection with an evacuation.
(n) Authorize the Chief Executive
to purchase or lease materials, supplies, or equipment during the
local disaster or Emergency, and to authorize any or all agencies or
City officials to directly purchase or lease those materials, supplies,
or equipment essential to continue the work of the City without the
advertisement of bids or other regulations during the pendency of
the Emergency.
(o) Authorize the Chief Executive
to hire and contract for construction, engineering, architectural,
building, electrical, plumbing, and repair of public improvements
and/or other professional or construction services essential to
continue the work of the City without the advertisement of bids when
the delay of advertising and public bidding might cause serious
injury or loss.
(p) Make application for local, state, or federal assistance.
(q) Authorize the Emergency Management Coordinator to establish and
control routes of transportation, ingress or egress.
(r) Authorize the Emergency Management Coordinator to control
CITY OF ANNA, TEXAS ORDINANCE NO._ Page 9 of 16
ingress and egress from any designated disaster or emergency
area or home, building or structures located therein.
(s) Authorize the Emergency Management Coordinator to utilize private
property as necessary to cope with emergency or disaster
conditions, subject to any requirements established by law for
compensation and in accordance with this ordinance.
(t) Authorize the Chief Executive
to appropriate and expend funds, exclude contracts, authorize the
obtaining and acquisition of property, equipment, services, supplies,
and materials without strict compliance with procurement
regulations or procedures.
(u) Authorize the Chief Executive
to transfer the direction, personnel, or functions of City departments
and agencies for the purpose of performing or facilitating
emergency or disaster services.
(v) Authorize the Emergency Management Coordinator to accept
services, gifts, grants, loans, equipment, supplies, and/or materials
whether from private, nonprofit, or governmental sources.
(w) Authorize the Emergency Management Coordinator to terminate or
suspend any process, operation, machine, device, or event that is
or may negatively impact the health, safety, and welfare of persons
or property within the City.
(x) Authorize the Chief Executive
to delegate authority to such City officials as the Chief Executive
determines reasonably
necessary, convenient, or expedient.
(y) Authorize the Emergency Management Coordinator to require the
continuation, termination, disconnection, or suspension of natural
gas, electrical power, water, sewer, communication or other public
utilities or infrastructure.
(z) Authorize the Emergency Management Coordinator to close or
cancel the use of any municipally owned or operated building or
other public facility.
(aa) Authorize the Emergency Management Coordinator to disinfect,
abate, demolish, remove or clean up any building, structure, site,
wreckage, or debris.
CITY OF ANNA, TEXAS ORDINANCE NO._ Page 10 of 16
(bb) Authorize the Emergency Management Coordinator to declare,
issue, enforce, modify and terminate orders for quarantine and
isolation of persons or animals posing a threat to public health.
(cc) Authorize the Chief Executive
to exercise such powers and functions in light of the exigencies of
Emergency or disaster including the waiving of compliance with any
time consuming procedures and formalities, including notices, as
may be prescribed by law.
(dd) Authorize the Chief Executive and Emergency Management
Coordinator to issue any and all such other orders or undertake
such other functions and activities as the Emergency Management
Director reasonably believes is required to protect the health, safety,
and welfare of persons or property within the City or otherwise
preserve the public peace or abate, clean up, or mitigate the effects
of any Emergency or disaster.
(ee) Exercise the full power and authority to provide by proclamation all
regulations reasonably necessary to protect the health, security,
welfare, safety, peace, life and property of the City and the
inhabitants during the time of such crisis.
(ff) Delegate, to the extent allowed by law, any or all of these powers
and duties to the Emergency Management Coordinator.
(gg) Petition the Governor to apply to the Federal Government for
financial assistance and for aid to local families and individuals
adversely affected by the disaster or Emergency.
Section 12. Mutual Aid Agreements.
(a) The Chief Executive Gw,orivonn„ con,;noc rn„rr1�n�+nr may, subject
to approval of the City Council, enter into reciprocal aid, mutual aid,
joint powers agreements, intergovernmental assistance
agreements, or other compacts, plans, or agreements with other
governmental entities for the protection of life and property. Such
agreements may include the furnishing or exchange of supplies,
equipment, facilities, personnel, and/or services and authorize
employment by the county and other cities and governmental
entities within the county with the Director as area coordinator for
mutual aid.
(b) The City Council or any of its committees, boards, commissions, or
authorities may exercise such powers and functions in light of the
exigencies of the Emergency or disaster and may waive compliance
CITY OF ANNA, TEXAS ORDINANCE NO._ Page 11 of 16
with time consuming procedures and formalities. prescribed by law.
(c) The Chief Executive shall
recommend for adoption by the City Council mutual aid plans and
agreements which are deemed essential for the Emergency
Management Plan.
(d) The Emergency Management co�TCoordinator is authorized to
join with other city, county, state and federal officials to form joint
Emergency Management Plans and programs and in the
appointment of a joint emergency management coordinator and to
participate in county -wide, regional and state-wide programs of
emergency and disaster management and to present any such
plans or programs for the approval of the City Council.
Section 13. Emergency Procurements.
(a) Notwithstanding any provision of this ordinance, The Anna City
Code of Ordinances, applicable state or federal law to the contrary,
the Emergency Management Director, upon declaration of a state of
emergency by proclamation as provided under this ordinance, may
authorize the Chief Executive
or the Chief Executive's EmergeRGY Management Coordinator's
designees to procure by purchase or lease, such goods and
services as are deemed necessary for the City's emergency
response effort. This emergency procurement of goods or services
may be made in the open market without filing a requisition or
estimate and without advertisement for immediate delivery or
furnishing. A full written account of all emergency procurements
made during an Emergency, together with a requisition for the
required materials, supplies, equipment, or services, shall be
submitted to or provided by the Chief Executive err,
within 30 days after their procurement,
and shall be open to public inspection for a period of at least one
year subsequent to the date of the emergency purchases. The Chief
Executive EFneFgeRGY MaRagemeRt Goerdina shall, within three
months of the conclusion of the Emergency, formally communicate
these emergency expenditures in a full written account to the City
Council.
(b) All payments or compensation for personal services must be
approved by City Council unless otherwise authorized by law.
Section 14. Suspension of Existing Regulations.
At all times when the orders, rules and regulations made and promulgated
CITY OF ANNA, TEXAS ORDINANCE NO._ Page 12 of 16
pursuant to this ordinance shall
override all existing ordinances,
may be inconsistent therewith
inconsistency.
be in effect, they shall suspend, supersede and
orders, rules and regulations insofar as the latter
but only to the extent of any such conflict or
Section 15. Prohibited Conduct.
During the period an actual or impending local disaster or Emergency has been
declared, it shall be unlawful for any person to:
(a) Enter or remain upon the premises of any establishment not open
for business to the public, unless such person is the owner or agent
of the establishment.
(b) Violate any of the orders or regulations duly issued by the
Emergency Management Director or authorized personnel.
(c) Willfully obstruct, hinder, or delay any duly authorized peace officer
or any member of the emergency management organization in the
enforcement of the provisions of this ordinance, or any order or
regulation issued under authority provided for in this ordinance or to
do any act forbidden by any rule or regulation issued pursuant to the
authority contained in this ordinance.
(d) To wear, carry or display any emblem, insignia or any other means
of identification as a member of the emergency management
organization of the City, unless authority to do so has been granted
to such person by the proper officials.
(e) To operate a siren or other device so as to simulate a warning
signal or the termination of a warning, unless authority to do so has
been granted to such person by the proper officials.
Section 16. Commitment of Funds.
No person shall have the right to expend any public funds of the City in carrying
out any emergency management activity authorized by this ordinance without
prior approval by the City Council except in accordance with the approved City
budgets or as authorized by this ordinance and other applicable law. No person
shall have any right to bind the City by contract, agreement or otherwise without
prior and specific approval of the City Council, unless during a declared disaster.
During a declared disaster, the Emergency Management Director may authorize
the Chief Executive EmergeRGY Management GeeFdin to commit public funds
of the City when deemed prudent and necessary for the protection of health,
safety, welfare, life or property in accordance with this ordinance.
CITY OF ANNA, TEXAS ORDINANCE NO._ Page 13 of 16
Section 17. Location of Meetings.
(a) Whenever an Emergency or disaster makes it imprudent or
impossible to conduct the affairs of the City at its regular locations,
the City Council may meet at any place, inside or outside the City
limits. Any temporary disaster meeting location for the City Council
shall continue until a new location is established or until the
Emergency or disaster is terminated and the City Council is able to
return to its normal location.
(b) Whenever an Emergency or disaster makes it imprudent or
impossible to conduct the affairs of any department of the City at its
regular location, such department may conduct its business at any
place, inside or outside the City limits, and may remain at the
temporary location until the Emergency or disaster is declared
ended or until the department is able to return to its normal location.
(c) Any official act or meeting required to be performed at any regular
location of the City Council or of its departments shall be valid when
performed at any temporary location established under this section.
Section 18. Authority to Enter Property.
During the period of a declared Emergency or disaster, a City officer or employee
or authorized agent may enter onto or upon private property if the officer,
employee or authorized agent has reasonable grounds to believe that there is a
true Emergency or disaster and an immediate need for assistance for the
protection of life or property, and that entering onto the private land will allow the
employee or authorized agent to take such steps to alleviate or minimize the
Emergency or disaster or to prevent or minimize risk or danger to lives or property
from the declared Emergency or disaster.
Section 19. Property Taken or Commandeered.
Any person making a claim for property taken, used or commandeered during the
Emergency or disaster shall follow the procedure set forth and be compensated in
accordance with the requirements and restrictions of applicable provisions of
state and federal laws.
Section 20. Immunity.
(a) This ordinance is an exercise by the City of its governmental
functions for the protection of the public peace, health, safety, and
welfare and neither the City, the agents and representatives of the
City nor any individual, receiver, firm, partnership, corporation,
association or trustee nor any of the agents thereof, in good faith
CITY OF ANNA, TEXAS ORDINANCE NO._ Page 14 of 16
carrying out, complying with or attempting to comply with any order,
rule or regulation promulgated pursuant to the provisions of this
ordinance, shall be liable for any damages sustained to persons as
the result of the activity. Any person owning or controlling real
estate or other premises who voluntarily and without compensation
grants to the City a license or privilege or otherwise permits the City
to inspect, designate and use the whole or any part of such real
estate or premises for the purpose of sheltering persons during an
actual, impending or practice enemy attack or natural or manmade
disaster shall, together with his successors in interest, if any, not be
civilly liable for the death of or injury to any person on or about such
real estate or premises under such license, privilege or other
permission or for loss of or damage to the property of such person.
(b) Any officer, employee, or volunteer of the City performing a
Homeland Security Activity or other emergency activity under this
ordinance shall also be entitled to the protection of the limitations
on liability contained in Chapters 418 and 421 of the Texas Local
Government Code or any successor statute or any other applicable
law.
Section 21. Authority for Enforcement.
The members of the police force of the City and other law enforcement agencies
have jurisdiction or as otherwise authorized by the Emergency Management
Director, the public health department, the fire department, or such other persons
as authorized by the Emergency Management Director, are hereby authorized
and directed to enforce the orders, rules, and regulations made or issued
pursuant to this ordinance.
Section 22. Penalties.
(a) Any person violating any of the provisions of this ordinance shall,
upon conviction of any provision that governs fire safety, zoning or
public health and sanitation, be fined a sum not exceeding $2,000
dollars and upon conviction of a violation of any other provision of
this ordinance, be fined a sum not exceeding $500 dollars or the
maximum amount allowed by law.
(b) Any person violating a proclamation of Emergency or disaster, a
subsequent proclamation exercising emergency or disaster powers,
a rule, regulation or order, which rule, regulation or order issued
pursuant to this ordinance, or who violates any order or directive of
emergency services personnel pursuant to this ordinance shall,
upon conviction of any proclamation, rule, regulation, order or
directive that governs fire safety, zoning or public health and
CITY OF ANNA, TEXAS ORDINANCE NO._ Page 15 of 16
sanitation, be fined a sum not exceeding $2,000 dollars.
(c) Each and every day that the provisions of this ordinance or any
proclamation, rule, regulation, order or directive issued under this
ordinance are violated shall constitute a separate and distinct
offense.
(e) All penalties in this ordinance are in addition to and cumulative of
any other remedies that may be available at law and in equity,
including, without limitation, injunctive relief.
Section 3. Savings, Severability and Repealing Clauses
All ordinances of the City in conflict with the provisions of this ordinance are repealed to
the extent of that conflict. If any provision of this ordinance shall be held to be invalid or
unconstitutional, the remainder of such ordinance shall continue in full force and effect
the same as if such invalid or unconstitutional provision had never been a part hereof.
The City declares that it would have passed this ordinance, and each section,
subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses, and phrases be declared
unconstitutional or invalid.
Section 4. Publication of the Caption Hereof and Effective Date
This ordinance shall be in full force and effective from and after its passage and upon
the posting and/or publication, if required by law, of its caption and the City Secretary is
hereby directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, this 29th day of 2012.
ATTESTED:
City Secretary, Natha Wilkison
APPROVED:
Mayor, Darren R. Driskell
CITY OF ANNA, TEXAS ORDINANCE NO._ Page 16 of 16
EXHIBIT B - EMERGENCY MANAGEMENT PLAN
The City of Anna, Texas
PART I. EMERGENCY MANAGEMENT OVERVIEW
A. INTRODUCTION
The 'r a 5 '` " v ^"ay + p' ^ Emergency Management Plan (EMP)
of the City of Anna, Texas defines the planned response to extraordinary emergency
situations associated with natural and man-made disasters, technological incidents, and
national security emergencies in or affecting the Anna area. The G MP EMP
accomplishes the following:
• Establishes the emergency management organization required to mitigate
any significant emergency or disaster affecting the City of Anna;
• Identifies the policies, responsibilities and procedures required to protect the
health, welfare and safety of the community at large and both public and
private property; and
• Establishes the operating concepts and procedures associated with field
response to emergencies, the Emergency Operations Center (EOC) activities
and the recovery process. (The EOC is located in the Anna Police Department
building at 101 S Powell Parkway unless otherwise indicated.)
Emergency Management Plan as amended and the substance of the City's emergency
management ordinance shall be the Uty's Comprehensive Emerr=,ency Management
Plan.
The EMP establishes a flexible framework to implement an emergency management
response during an emergency situation in Anna. It is intended to facilitate multi -agency
and multi jurisdictional coordination, particularly between the City of Anna, The County
of Collin, the City of Melissa, the City of Van Alstyne, the State of Texas and the Federal
emergency response agencies. The cooperation between the agencies during emergency
operations will be in compliance with the National Incident Management System
(NIMS).
The EMP is intended to remove all barriers, making all departments, agencies, and
volunteer/private organizations part of a single process to prepare for, respond to, and
recover from domestic incidents regardless of cause, size or complexity.
The EMP both defines operations and serves as a planning reference. The EMP will be
used in conjunction with the Collin Coun Emer�enc�O�eration Plan the Inter-
0
nlr4n4inno� T%a„fi,a1 AM A arP.P.ment hetween the Citv of Anna. and Collin County, the
1
EXHIBIT B - EMERGENCY MANAGEMENT PLAN
The City of Anna, Texas
National Incident Management System and the National Response Plan. The EMP is
designed to guide the reader or user through each phase of an emergency: preparedness,
response, recovery, and mitigation. It is divided into the following parts:
Part I -- focuses on the preparedness phase and is an overview of the structure of the
City of Anna's emergency services, their responsibilities and operational concepts for
multi -hazard emergency preparedness, response and recovery.
Part EMMENIMENS
II -- focuses on initial emergency response. It is the initial operations guide. It
includes a series of hazard -specific checklists designed to provide field -level responders
with the basic considerations and actions necessary for effective emergency response. It
provides fieldmlevel responders with the framework to implement incident command.
Part II is primarily concerned with street level, traditional emergency response.
Part IV -- addresses recovery activities. It describes procedures to coordinate recovery
operations within the City of Anna, procedures to mgate future events, and procedures
for obtaining state and federal disaster assistance funds for damage restoration and
mitigation projects.
B. AUTHORITIES
The following cites emergency authorities for conducting and/or supporting emergency
operations:
1. Federal
• Federal Civil Defense Act of 1950 (Public Law 920, as amended). (50
USC App 2251)
• Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974
'Anti
2. State
3. Local
EXHIBIT B - EMERGENCY MANAGEMENT PLAN
The City of Anna, Texas
(Public Law 93-288, as amended). (42 USC 5121 ET seq).
• Homeland Security Act of 2002. (6 U.S.0 101)
• Homeland Security Presidential Directive HSPD-5, Management of
Domestic Incidents, February 28, 2003
• Homeland Security Presidential Directive HSPD —8, National
Preparedness, December 17, 2003
• National Incident Management System, March 1, 2004
• National Response Plan, June 30, 2004
• Texas Government Code, 418.042 (Acts 1987, 70th Leg., ch. 147, 1, eff.
Sept. 1, 1987. Amended by Acts 2007, 80th Leg., R.S., Ch 258, 7.01, eff.
Sept. 1, 2007)
• Texas Local Government Code, 51.001 (Acts 1987, 70th Leg., 149, 1, eff.
Sept. 1, 1987
• Texas Local Government Code, 51.012 (Acts 1987, 70th Leg., 149, 1, eff.
Sept. 1, 1987
C. EMERGENCY MANAGEMENT ORGANIZATION
In Texas, Mayors and County Judges have responsibility for emergency preparedness and
response within their jurisdictions and are the official Emergency Management Directors.
These officials may appoint an Emergency Management Coordinator (EMC) to manage
day-to-day program activities. The Mayor of the City of Anna, a Council -Manager form
of Government, appoints the f`;*�T Fire Chief as the EMC.
Local emergency management and homeland security programs include threat
identification and prevention activities, emergency planning, providing or arranging
training for local officials and emergency responders, planning and conducting drills and
exercises, carrying out public education relating to known hazards, designing and
implementing hazard mitigation programs, coordinating emergency response operations
during incidents and disasters, and carrying out recovery activities in the aftermath of a
3
EXHIBIT B - EMERGENCY MANAGEMENT PLAN
The City of Anna, Texas
disaster.
The direction and control of major disaster preparation, response and recovery is centered
on two groups generally located at the Emergency Operations Center,
1. POLICY GROUP: The Policy Group consists of the:
• The Mayor (City Council representative);
• The City Manager;
• The Chief of Fire Department
• The Chief of the Police Department
• The Finance Director
• The Director of Public Works
• The City Attorney
• Additional department directors, elected officials or technical advisors as
designated by the City Manager.
The head of the Policy Group is the Emergency Management Coordinator, who is
responsible for the prompt, efficient execution of the CEMP, or so much as is necessary
to:
• Reduce the vulnerability of the people of the City of Anna. to loss of life,
personal injury, and damage to or loss of property
• Prepare for and execute rescue, care and treatment of persons victimized
or threatened by disaster
• Provide a setting conducive to the rapid and orderly start of restoration
and rehabilitation of persons and property affected by a disaster
2. OPERATIONS GROUP: The Operations Group a:.,:a^d in E,v,o.•,.^„^y S,,,,„ort
eeeveFy operations. The Operations is responsible for carrying out the directions
and policies established by the Policy Group and for the coordination of efforts to
• • • • • • • �e�srsa�_:�sErsrrser���e�r,
0
EXHIBIT B - EMERGENCY MANAGEMENT PLAN
The City of Anna, Texas
.,
1 CONCEPT OF OPERATIONS
1. General
The CEMP addresses the entire spectrum of contingencies, ranging from relatively minor
incidents to large-scale disasters, such as catastrophic weather or an act of terrorism.
Some emergencies will be precipitated by a buildup or warning period, providing
sufficient time for appropriate officials to warn the public and implement mitigation
measures. Other emergencies occur with little or no advance warning, thus requiring
immediate activation of the CEMP as well as an efficient and coordinated mobilization
and deployment of resources. All Emergency Support Functions of the City of Anna must
be prepared to respond promptly and effectively to any foreseeable emergency, taking all
appropriate actions, including requesting and providing assistance.
2. Emergency Phases
Emergency management activities
often are associated with the
Management Agency (FEMA):
• Preparedness
• Response
• Recovery
d
uring peacetime and national security emergencies
hree phases utilized by the Federal Emergency
3. Preparedness Phase
The preparedness phase involves activities undertaken in advance of an emergency or
disaster. Preparedness involves an integrated combination of planning, training,
exercises, personnel qualification and certification standards and publication management
processes and activities. These activities develop operational capabilities and effective
responses to a disaster. Preparedness activities fall into the two basic areas of readiness
and capability.
a. Readiness activities shape the framework and create the basis of knowledge
necessary to complete a task or mission. Readiness efforts also include reducing
or eliminating the impact of hazards that exist within the City of Anna. Readiness
activities include:
• Hazard analyses
• Developing and maintaining emergency plans and procedures
• Conducting general and specialized training
E
EXHIBIT B - EMERGENCY MANAGEMENT PLAN
The City of Anna, Texas
• Conducting exercises
• Developing mutual aid agreements
• Improving emergency public education and warning systems
• Amending local ordinances and statutes, such as zoning ordinances,
building codes, and other enforcement codes
• Initiating structural retrofitting measures
• Assessing tax levies or abatements
• Providing public education and awareness
• Reviewing and altering land use planning
b. Capability activities assess the ability of the government to respond to
emergencies and disasters. Capability activities include:
• Assessment of City of Anna resources
• Comparison and analysis of anticipated resource requirements and actual
resources; and
• Identification of local sources to meet anticipated resource "shortfall"
4. Response Phase
The response phase includes increased readiness, initial response and extended response
activities. Upon receipt of a warning or the observation that an emergency situation is
imminent or likely to occur, the City of Anna will initiate actions to increase its
readiness.
Events that may trigger increased readiness activities include:
• Issuance of a credible disaster prediction
• Receipt of a severe storm, flood advisory or other special weather
statement
• An expansive hazardous materials incident
C�
Ann
EXHIBIT B - EMERGENCY MANAGEMENT PLAN
The City of Anna, Texas
• Information or circumstances indicating the potential for acts of violence
or civil disturbance
• An international situation that could lead to an attack upon the United
States and warrants a heightened state of alert
a. Increased readiness activities include:
• Briefing the City Manager, Mayor, and other key officials or employees
of the City of Anna
• Reviewing and updating the CEMP
• Increasing public information efforts
• Accelerating training efforts
• Inspecting critical facilities and equipment, including testing warning and
communications systems
• Recruiting additional staff and volunteers
• Warning threatened elements of the population;
• Conducting precautionary evacuations in the potentially impacted areas)
• Mobilizing personnel and pre -positioning resources and equipment
• Contacting state and federal agencies that may be involved in field
activities
b. Initial response activities are primarily performed at the field response
level. Emphasis is placed on minimizing the effects of the emergency or
disaster.
Part II Initial Response Operations, provides hazard -specific guidance to
the Emergency Support Functions that are responsible for initial response
operations.
Examples of initial response activities include:
7
EXHIBIT B - EMERGENCY MANAGEMENT PLAN
The City of Anna, Texas
• Making all necessary notifications, including Emergency Support
Function personnel, other political subdivisions within the Greater City of
Anna, and the Collin County/NCTCOG Emergency Management group
• Disseminating warnings, emergency public information and instructions
to the citizens of the City of Anna
• Conducting evacuations and/or rescue operations
• Caring for displaced persons and heating the injured
• Conducting initial damage assessments and surveys
• Assessing the need for mutual aid assistance
• Blockading/Reshicting traffic and unnecessary access to affected areas
• Developing and implementing Action Plans
• Implementing acommunity-wide curfew in the affected areas
• Limiting the use of public utilities in the affected area
• Providing 24-hour security presence in the affected area
c. Extended response activities are primarily conducted in the Emergency
Operations Center (EOC), in this case is a mobile vehicle provided upon request
by Collin County. Extended response activities involve the coordination and
management of personnel and resources to mitigate an emergency and facilitate
the transition to recovery operations.
Part III Extended Response, provides specific guidance for the conduct of
extended operations, including those functions performed by the EOC
staff.
Examples of extended response activities include:
• Preparing detailed damage assessments
• Operating mass care facilities
• Conducting coroner operations
I
EXHIBIT B - EMERGENCY MANAGEMENT PLAN
The City of Anna, Texas
• Procuring required resources to sustain operations
• Sometimes there are persons who would seek to take advantage
of a disaster by increasing prices on necessities such as gasoline,
food, shelter, etc. The City of Anna Mayor has the authority to
act to prevent price gouging by persons operating within the Anna
area under the authority of the Ordinance adopting this plan and
may order such persons to discontinue operations and face
prosecution and penalties for same.
• Documenting situation status
• Protecting, controlling and allocating vital resources
• Restoring vital utility services
• Tracking resource allocation
• Conducting advance planning activities
• Documenting expenditures
• Developing and implementing Action Plans for extended
operations
• Disseminating emergency public information
• Declaring a Local Disaster Emergency; and
• Coordinating with state and federal agencies working within the
county.
5. Recovery Phase
Recovery activities involve the restoration of services to the public and returning the
affected area to pre -emergency conditions. Recovery activities may be both short-term
and long-term, ranging from restoration of essential utilities such as water and power to
mitigation measures designed to prevent future occurrences of a given threat.
Part IV Recovery Operations, describes in detail the roles and responsibilities of
each level of government following a disaster. Part IV addresses the procedures
9
11 n
EXHIBIT B - EMERGENCY MANAGEMENT PLAN
The City of Anna, Texas
for accessing federal and state programs available for individual, business and
public assistance after a disaster.
Examples of recovery activities include:
• Restoring utilities
• Applying for state and federal assistance programs
• Conducting hazard mitigation analyses
• Identifying residual hazards
• Determining and recovering costs associated with response and recovery
E. Incident Command System (ICS)
1. General
The Incident Command System (ICS) is a management system designed to enable
effective and efficient domestic incident management by integrating a
combination of facilities, equipment, personnel, procedures, and communications
while operating within a common organizational structure. ICS is a nationally
used, standardized on -scene emergency management concept. It is specifically
designed to organize its user to address single or multiple incidents without being
hindered by jurisdictional boundaries
2. Functions
The five functions of the ICS organization are:
• Command -directing, ordering, and/or controlling resources by virtue of
explicit legal, agency or delegated authority.
• Open°ations the coordinated tactical response of all field operations
directly applicable to or in support of the mission in accordance with the
Incident Action Plan.
• Planning -the collection, evaluation, documentation, and use of
information about the development of the incident.
• Logistics -providing facilities, services, personnel, equipment, and
tracking the status of resources and materials in suppoii of the incident.
I�1
Anna
EXHIBIT B - EMERGENCY MANAGEMENT PLAN
The City of Anna, Texas
• Finance/Administration -all financial and analytical aspects of the
incident and administrative tasks not handled by other functions.
3. Concepts and Principles
The ICS principles require the system to provide the following operations,
including single jurisdictional/agency involvement, single jurisdictional
responsibility with multiple agency involvement, and multiple jurisdictional
responsibilities with multiple agency involvement. The system's organizational
structure adapts to any emergency or incident to which emergency response
agencies would expect to respond. The system will be applicable and acceptable
to all user agencies. The system is readily adaptable to new technology. The
system expands in a rapid and logical manner from an initial response to a major
incident and contracts just as rapidly as organizational needs or the situation
decrease.
4. Management Characteristics
ICS is based on proven management characteristics. Each contributes to the
strength and efficiency of the overall system.
• Common terminology
• Modular organization
• Management by Objectives
• Reliance on Incident Action Plans
• Manageable span -of -control
• Pre -designated Incident Location and Facilities
• Comprehensive resource management
• Integrated communications
• Establishment and Transfer of Command
• Chain of Command and Unity of Command
• Unified command structure
11
I
EXHIBIT B - EMERGENCY MANAGEMENT PLAN
The City of Anna, Texas
• Accountability
• Deployment
• Information and Intelligence Management
a. Common terminology ICS establishes common terminology that
allows diverse incident management and support entities to work together
across a wide variety of incident management functions and hazard
scenarios. This common terminology includes: organizational functions,
resource descriptions, and incident facilities.
b. Modular organization refers to the method by which the ICS
organizational structure develops based upon the type and size of an
incident. The organization's staff assembles from the top down as the
incident grows, with responsibility and performance initially placed with
the Incident Commander.
c. Management by Objectives represents an approach communicated
throughout the ICS organization. This includes establishing overreaching
policies, developing and issuing assignments, plans and procedures,
establishing specific measurable objectives, and documenting results.
d. Reliance on Incident Action Plans provides a clear way to
communicate the overall incident objectives of the operation.
e. Manageable span -of -control within ICS is a limitation on the number of
emergency response personnel who effectively can be supervised or
directed by an individual supervisor. The type of incident, the nature of the
response or task, distance, and safety will influence the span -of -control
range. The ordinary span -of -control range is between three and seven
personnel.
£ Pre -designated incident facilities are established in the vicinity of the
incident to accomplish a variety of purposes, such as decontamination,
donated goods processing, mass care, and evacuation. The facilities and
locations will be selected based upon the requirements of the situation.
g. Unified command structure refers to a unified team effort which
allows all agencies with responsibility for the incident, either geographical
or functional, to manage an incident by establishing a common set of
incident objectives and strategies. This is accomplished without losing or
12
EXHIBIT B - EMERGENCY MANAGEMENT PLAN
The City of Anna, Texas
abdicating agency authority, autonomy, responsibility or accountability.
h. Comprehensive resource management is maintaining an accurate and
timely picture of resources that are available for assignment in support of
incident management and emergency response activities.
i. Integrated communications are managed through the use of a common
communications plan and an incident -based communications center
established for the use of tactical and support resources assigned to the
incident.
j. Establishment and Transfer of Command allows for the identified
individual with command to transfer command to another individual while
capturing all the essential information to ensure a continued safe and
effective operation.
k. Chain of Command and Unity of Command refers to the orderly line
of authority within the ranks of the organization. Each individual has a
designated supervisor, which clarifies reporting relationships and
eliminates confusion caused by multiple, conflicting directives.
1. Unified Command is necessary in incidents involving multiple
jurisdictions or a single jurisdiction with multi -agency involvement.
Unified command allows agencies with different legal, geographic and
functional responsibilities to work together effectively without affecting
individual agency authority, accountability or responsibility.
m. Accountability is essential at all function levels during an operation.
This includes check in of responders, incident action plans, unity of
command, span of control and resource tracking.
n. Deployment involves the dispatching of only properly equipped
personnel and equipment by the appropriate agency.
o. Information and Intelligence Management is critical for establishing
a process for gathering, sharing and managing incident related
information.
1. General
T� � � ^�' �^*^�*�^� i,^��•ds A General Risk Analysis is tke a basic component of
13
i
Ann '
EXHIBIT B - EMERGENCY MANAGEMENT PLAN
The City of Anna, Texas
any community s eepApreneasive emergency management plan. Consideration oft e
community's geography, demographics and land use trends is essential to minimize loss
of life, human suffering and damage to property associated with major natural or man-
made emergencies or disasters. This data helps emergency managers identify potential
hazards and prepare an organized response to an emergency.
The-��risk analysis involves identification and evaluations of hazards that may
occur in the City of Anna and those individuals and property at risk from a particular
hazard. This analysis assists in determining whether present capabilities are adequate in
preparing for, mitigating and responding to an emergency. If capabilities are found to be
inadequate, the emergency managers then may identify procedures needed to upgrade
these capabilities.
2. The City of Anna is: 57 square miles within the City limits and the City's
Extraterritorial Jurisdiction (ETJ).
3. Highways and Roads
A total of three major highways (US 75, S11 D. SH 121) and one major connector road
(FM 455) traverse the City of Anna.
4. Railroads
One railroad line within the City: Owned by Dallas Area Rapid Transit (DART) and used
by the Dallas, Garland, Northeastern (DGNO) Railroad Company.
5. Pipelines
A major natural gas transmission line passes through the jurisdiction, east to west, along
CR 371/CR 376.
A natural gas distribution line is located from the Westside of FM 455 east to West
Crossing Boulevard.
6. Airports
Three airports within 30 miles service the area: The Collin County Regional Airport @
McKinney; North Texas Regional Airport (The Grayson County Airport) in Denison; and
the Sherman Municipal Airport (southeast edge of Sherman).
7. Hospitals
Six (6) hospitals are within 35 miles of Anna: Medical Center
Hospital of McKinney; Presbyterian Hospital Allen; Wilson and
Texoma Medical Center (Denison); Presbyterian Hospital Plano.
8. Hazard Impacts
McKinney; Ba'Y1or
Jones in Sherman;
14
EXHIBIT B - EMERGENCY MANAGEMENT PLAN
The City of Anna, Texas
manna
The Greater Anna area is subject to a wide variety of negative impacts from various
hazards and threats. The three broad categories of hazards are natural, technological and
domestic security threats.
Natural Hazards
• Tornadoes (primarily March -July but have occurred in all months)
• Floods
• Winter Ice Storms
• Extreme Heat
• Drought
• Wildland Tres
Technological Hazards
• Hazardous Materials
• Transportation Emergencies
• Train accident
• Major truck accident
• Airplane crash
• Utility Failure
Domestic Security Threats
* Civil Unrest
* Terrorism
G. HAZARDS AND THREATS
1. Severe Weather and Floods
The City of Anna has experienced damage associated with severe thunderstorms,
15
EXHIBIT B - EMERGENCY MANAGEMENT PLAN
The City of Anna, Texas
tornadoes, straight-line winds, hail, flooding, blizzards, and severe winter storms. Severe
weather can cause residential and business structural damage, property damage, power
loss, street blockages, and flooding, and the disruption of freshwater and wastewater
systems.
2. Hazardous Materials
Based on historical data, most serious hazardous materials incidents in the Greater Anna
area occur on Highways or at fixed facilities near those highways. There are three truck
stops at the US 75 and FM 455 interchange that regularly cater to trucks carrying
hazardous materials. Though not currently in use for hazardous materials, future Rail
carriers will routinely transport hazardous substances through the jurisdiction, including
the old downtown area.
Two underground natural gas pipelines transport products across the north side of Anna,
one traversing east and west along a corridor parallel to CR 371 and the other traverses
the Anna/Van Alstyne boundary line, running east and west along County Line Road.
3. Aircraft Accidents
Over flights of the Anna area are everyday occurrences with most DFW bound flights
using the flyways above Collin County to make approach to DFW airport
4. Utility Failures
Power failures are a possibility, especially if severe weather causes widespread failwe of
power lines. GCEC and Encore Energy provide electrical service to Anna. Overhead
distribution and transmission wires traverse the City providing commercial and
residential customers throughout the Greater Anna area.
5. Domestic Security Threats
Although all populated areas may be subject to civil unrest, the likelihood that prolonged
civil unrest from Anna residents is minimal. An incident bringing regional or national
attention to the City of Anna might be more of a possibility.
The City of Anna has not experienced direct incidents of terrorism. More likely than any
other act of terrorism is some form of bio-terrorism. The public health community and
the North Central Texas Council of Governments, Homeland Security Division, are
developing a separate plan to respond to bio-terrorism.
A possible target for terrorism might include the freshwater and wastewater systems of
the City. The City operates Critical Infrastructure including groundwater wells (currently
numbering five) at locations in and around Anna. Destruction or contamination of these
wells would have a disastrous affect on our citizenry by cutting their freshwater supply.
These wells are located at.
I
EXHIBIT B - EMERGENCY MANAGEMENT PLAN
The City of Anna, Texas
• 100 Blk East Sth Street
• 800 Blk N Powell Pkwy
• 100 Blk County Rd 370
• 400 Blk E 6th Street
• 3300 Blk N Powell Pkwy
Terrorists could target wastewater operations as well. The main wastewater treatment
facility is located in the 1400 Blk of Roadrunner Rd. Further, the City has wastewater lift
stations at the following locations:
• 200 Bllc Jenkins
• 700 Blk Elm Grove
• 1300 Blk Ferguson Pkwy
• 2000 Blk County Rd 367
• 2400 Blk County Rd 367
• 700 Blk Central Expressway
• 700 Blk County Rd 286
H. CONTINUITY OF GOVERNMENT
1. Introduction
A major disaster could result in the death or injury of key Anna government officials and
the destruction of public and private records essential to continued operations of
government. Government at all levels is responsible for providing continuity of effective
leadership and authority, direction of emergency operations, and management of recovery
operations. To this end, the City of Anna Charter disaster clause covers the reconstruction
of the local government system.
2. Executive Succession
In case of disaster when a legal quorum of the City Council cannot otherwise be
assembled due to multiple deaths or injuries, the surviving persons of the City Council, or
highest surviving City official if no elected official remains, must within 24 hours of such
disaster, request the highest surviving officers of the local Chamber of Commerce and the
Board of Trustees of the local school district, and the County Judge of Collin County to
appoint a commission to act during the emergency and call a City election within 15 days
of such disaster, or as provided in the Texas Election Code, for election of a required
quorum, if for good reasons it is known a quorum of the present City Council will never
again meet. cr�mrnr�r �� n� n Clause Anna City Char"
17
I
EXHIBIT B - EMERGENCY MANAGEMENT PLAN
The City of Anna, Texas
I. EMERGENCY MANAGEMENT PLAN MAINTENANCE
The City of Anna's-GEMP-EMP will be reviewed and revised by the City Manager or his
designee at least once every 18 months. The GEMP EMP may be modified as a result of
post -incident analysis or post -exercise critiques at any time necessary and it may be
further modified if responsibilities, procedures, laws, rules, or regulations pertaining to
emergency management and operations change.
AA►. ;
EXHIBIT B - EMERGENCY MANAGEMENT PLAN
The City of Anna, Texas
PART IL INITIAL RESPONSE OPERATIONS
A. CONCEPT OF OPERATIONS
Initial response operations will be accomplished by city and county agencies and
segments of the private sector. During initial response operations, the field responders of
the City of Anna and County agencies will place emphasis on saving lives, property, and
the environment, controlling the situation, and minimizing the effects of the emergency.
The Incident Command System will be used to manage and control the response
operations. The disaster event may be controlled solely by emergency responders or with
other agencies through mutual aid or support agreements. If the resources available at the
field response level are not sufficient to mitigate the situation, the Incident Commander
may request that an Emergency Operations Center be activated to support the field
operations.
B. ALERTING AND WARNINGS POLICY
Alerting and warning involves notifying emergency response personnel as well as
notifying the affected public. The City of Anna can utilize a number of ways to alert and
activate its emergency response personnel.
The on -duty emergency services-��sens personnel have the primary responsibility in
alerting and warning the public. Alerting and warning the public may be accomplished
through the outdoor warning siren system, the use of the telephone notification system
known as "Code Red," special media broadcasts, or simply driving up and down the
streets using a public address system.
The following procedures will be utilized in determining who can activate the emergency
notification systems and what criteria are used to determine if the use of the systems are
appropriate:
Warning Sltens/CODERED Emergency Telephone Notification System:
The following personnel have the authority to activate the storm sirens and
Telephone Eme+°gency Notification System:
1. The highesta°anking sworn Police Department Officer on duty at the time of
the incident; or
2. The highest-ranking member of the Fire Department on dz+ty at the time of
the incident; or
3. The highest-ranking member ^rf+,„ Giol ^f'''"'^^ City official.
19
EXHIBIT B - EMERGENCY MANAGEMENT PLAN
The City of Anna, Texas
The approved criteria to activate storm sirens inclardes ":
1. When a tornado warning has been issued by the National Weather
Service for• the greater Anna area; or
2. When a funnel cloard is spotted in proximity to the City of Anna by any
storm spotters, emergency responders, or city officials; or
3. When the weather service issues a severe thunderstorm warning and
predicts that winds could reach more than 73 mph; or
4. When the City of Anna is in the projected path of a storm where a tornado,
high winds, or damaging hail 2 " in diameter or larger have caused
demonstrable damage in an adjacent city or in the county.
S. When there has been a hazar•dorrs materials spill, a biological terrorist
attack or where other similar circumstances exist that would create a
potential risk to the citizens who should take shelter indoors.
*NOTE.• The City of Anna offers CODERED Weather, an automated service
by the Emergency Communications Network that citizens can opt into.
They receive automated severe weather notifications, based on NWS
warnings, directly to the phone they have entered into the system.
The CodeRed Telephone Notification System may also be Zrsed as a
notification to citizens of
1. Missing persons in or around the Anna area:
2. Water shortages, pump failures, or any utility information useful to
citizens;
3. Traffic detours because of accident, incident, or other;
�l. Any information believed to be of importance by the ranking member
of City Staff.
Speed and accuracy of weather warnings is critical! When in doubt, err on the
side of caution and activate the storm sirens.
C. FIELD RESPONSE
1. Introduction
20
EXHIBIT B - EMERGENCY MANAGEMENT PLAN
The City of Anna, Texas
Within the City of Anna, the Incident Command System will be used on all incidents.
When the City of Anna has jurisdiction over a multiple -agency incident, emergency
responders will organize the field response using the Incident Command System (ICS).
Additionally, the principles of ICS will be used even for those incidents that begin as a
single discipline response (i.e., all fire or all law enforcement). Any single discipline
incident could expand to a multi -discipline incident, which demands the use of ICS.
During multi -agency incidents in the City of Anna, field responders will use the
principles of Unified Command to the greatest extent possible.
In order for ICS to be used at incidents requiring command system coordination, the first
emergency responder on scene who has single discipline management responsibility
should take the following basic actions:
• Establish the Incident Command Post (ICP)
• Evaluate the incident
• Determine the ICS organizational elements required
• Request additional resources necessary to mitigate the incident
• Delegate authority within the ICS organizational structure
• Develop the Incident Action Plan, incorporating the incident objectives and
strategies
By taking these basic actions, the change from an �1 sin_Ig a unit response to a
multi��rsen-unit response involves no change in the management system. The built-in
capability for modular development helps to shape the organization based on the
functional needs of the incident.
2. Coordination with Unincorporated Communities, Special Districts, public utility
companies, Private, and Volunteer Agencies in Initial Response Operations
The level of involvement of unincorporated communities, special districts, public
utilities, private organizations, and volunteer agencies will vary considerably depending
upon the kind of incident. In general, other unincorporated communities, special districts
or other agencies that have a statutory or jurisdictional responsibility with the incident
should be represented at the incident. The form of involvement for these districts and
agencies may be part of the Unified Command or as an Agency Representative who
coordinates with Collin County or the City of Anna. The emergency response role of the
unincorporated communities and special districts will be focused on their normal services
and functional area of responsibility.
21
EXHIBIT B - EMERGENCY MANAGEMENT PLAN
The City of Anna, Texas
min
3. Coordination With City of Anna and Collin EOC
The field response Agency has a direct communications and reporting relationship with
the Emergency Operations Center (EOC) when activated. When the EOC is activated,
the Incident Commander will coordinate directly with the EOC's Operations Section
Chief, if the position has been established, or the ranking person in the EOC.
Collin County Communications (Police/Fire/EMS Dispatch) will function in an
intermediate role between the Incident Commander and the EOC's Operations Section
Chief. Communications will have no command authority over field operations, but will
serve, as it is a conduit for communication. The EOC may give policy direction directly
to the Incident Commander if direct communications are available.
During disaster situations with multiple incidents occurring simultaneously within the
City, the EOC may be activated at the discretion of the ranking Fire or Police personnel
in service. A command structure will be established for each incident. Each Incident
Commander will communicate and report to the Operations Section Chief throughout the
incident. This section of the P EMP is designed for field responders' initial
response to emergencies, bridging the gap between a routine emergency and a disaster.
Experience has shown that the outcome of many emergencies can be greatly affected by
effective initial response actions.
PART III. EXTENDED RESPONSE
A. CONCEPT OF OPERATIONS
During adisaster/emergency, the Emergency Operations Center (EOC) should support
field response operations in mitigating incidents within the Greater Anna area. The
primary emphasis will be placed on saving lives, protecting property and preserving the
environment. The EOC will operate using Emergency Management System and Incident
Command System functions, principles, and components. It will implement the action
planning process to develop an EOC Action Plan, identifying and implementing specific
objectives for each operational period.
The Incident Commander, through the EOC if necessary, will serve as the coordinator of
communications between the City of Anna, Collin County, NCTCOG Emergency
Management, the Texas Governor's Office of Emergency Management Agency and the
Federal Emergency Management Agency. The EOC will be activated whenever an
emergency or disaster impacts the City of Anna or the Greater Anna area, unincorporated
communities or special district(s). The EOC also may be activated at the request of an
unincorporated community or special district to coordinate information and resources.
The EOC will utilize the discipline -specific Emergency Support Function Lead Agency
coordinators to coordinate fire, law enforcement, public works, medical specific
22
I
EXHIBIT B - EMERGENCY MANAGEMENT PLAN
The City of Anna, Texas
resources, and other resource requests.
B. EMERGENCY OPERATIONS CENTER
1. Introduction
Within the City of Anna, various departments and agencies that are dispersed throughout
the jurisdiction conduct normal daily operations. The primary location of the EOC is the
Police Department building- located at 101 S. Powell Parkway, but may be moved to a
variable location from which centralized emergency management can be performed
during a major emergency or disaster. The EOC facilitates a coordinated response by all
the departments and agencies that are assigned emergency support functions. The level of
EOC staffing will vary with the specific emergency situation.
2. Activation Policy
The EOC is activated when.. nditiOns exist that require a full wale emer-gefley _ _
as required based on the nature and scope of the emergency or anticipated emergency,
when field response agencies need support, or at the direction of the Incident
Commander, City Manager, Chief of Police or the Fire Chief. Activation may involve
partial or full staffing, depending on the support required. The following list depicts the
circumstances when the EOC must be activated.
• The Governor declares a state of disaster emergency due to a disaster or
threat of a disaster within or affecting the City of Anna; or
• The City of Anna responds to and declares a local disaster emergency; or
• A city or town within the immediate Anna area declared a local
emergency; or
• A local special district or governmental entity within the Anna area has
requested assistance from Anna in support of its emergency operations; or
• The City of Anna has requested resources from outside its boundaries,
above and beyond those resources a�sed in nog°mal day-to-day operations
which are obtained through existing agreements such as free or law
enforcement mutual aid; or
• The City of Anna has received resource requests from outside its
boundaries, except those resoza•ces arsed in normal day-to-day operations
that are obtained through existing agreements such as fire or law
enforcement mutual aid.
23
EXHIBIT B - EMERGENCY MANAGEMENT PLAN
The City of Anna, Texas
3. Coordination with State and Federal Field Response
There are some instances where a state or federal agency will have a field response.
When a state agency or federal agency is involved in field operations, coordination will
be established with the Incident Commander and EOC.
4. Coordination With other affected Cities, Towns, Districts, or Jurisdictions
Direct communications and coordination will be established between the City of Anna
and any affected jurisdictions that locally have been impacted by the emergency or
disaster. Normal methods of communication during emergencies and disasters may be
unreliable or even unavailable. Initially, communications will be established by the first
available means and with the first person available representing the affected jurisdiction
regardless of his functional position.
Whenever an affected city or town has a situation requiring the activation of our
Emergency Plan, an agency representative from such jurisdiction should be at the
established command post or EOC. The city and town representatives will ensure that
adequate coordination and information exchange arrangements are made with the
affected jurisdiction.
C. Transition Into Recovery Operations
As the threat to life, property and the environment dissipates, the Policy Group will
consider deactivating the Command Post and/or the EOC.
The emergency responders will coordinate the recovery effort, ensuring that all damaged
public facilities and services are restored. In coordination with all of the responding
services, the policy group will prepare an after -action report, submitting it to the Mayor
and City Council within 60 days of the disaster/event.
PART IV. RECOVERY OPERATIONS
A. CONCEPT OF OPERATIONS
The City of Anna and each of the jurisdictions affected by the emergency will be
involved in recovery operations. In the aftermath of a disaster, many citizens will have
specific needs that must be met before they can return to their pre -disaster lives.
Typically, there will be a need for:
• Assessment of the extent and severity of damages to homes and other
property
• Restoration of services generally available in communities such as water,
food and medical assistance
24
EXHIBIT B - EMERGENCY MANAGEMENT PLAN
The City of Anna, Texas
• Repair of damaged homes and property
• Professional counseling when the sudden changes resulting from the
emergency have led to mental anguish and inability to cope
The City of Anna can help individuals and families recover by ensuring that these
services are available and by seeking additional resources if the community needs them.
The two recovery phases are short-term and long-term. Short-term recovery operations
will begin during the response phase of the emergency.
The major objectives of short-term recovery operations include:
• Security of the affected areas
• Rapid debris removal and cleanup
• Orderly and coordinated restoration of essential services (electricity, water
and sanitary systems)
• Short-term recovery operations will include all the agencies participating in
the jurisdiction
The major objectives of long-term recovery operations include:
• Coordinated delivery of social and health services
• Improved land use planning
• Re-establishing the local economy to pre -disaster levels
• Recovery of disaster response costs
• Effective integration of mitigation strategies into recovery planning and
operations
Public information during the recovery process will be handled independently by each
agency or jurisdiction. However, information should be coordinated among the agencies
and jurisdictions.
25
EXHIBIT B - EMERGENCY MANAGEMENT PLAN
The City of Anna, Texas
1. Short -Term Recovery
The goal of short-term recovery is to restore local government to at least a minimal
capacity. Short-term recovery includes:
• Utility restoration
• Expanded social, medical, and mental health services
• Re-establishment of government operations
• Transportation routes
• Debris removal
• Cleanup operations
• Abatement and demolition of hazardous structures
Each jurisdiction will coordinate its efforts to restore utility systems and services during
recovery operations. Medical services may operate from temporary facilities, as
necessary.
For federally declared disasters, the Federal Emergency Management Agency (FEMA)
may establish telephone registration centers to assist disaster victims and businesses in
applying for grants, loans and other benefits.
In coordination with the American Red Cross, the County and other jurisdictions will
work to provide shelter for disaster victims until housing can be arranged.
The Public Works responders will ensure that debris removal and cleanup operations are
expedited.
Building inspectors/Code Enforcement Officers will ensure that structures posing a
public safety concern will be demolished.
2. Long -Term Recovery
The goal of long-term recovery is to restore facilities to pre -disaster conditions, if
possible. Long-term recovery includes hazard mitigation activities, restoration or
reconstruction of public facilities, and disaster response cost recovery. Each affected
jurisdiction will be responsible for its own approach to mitigation, which could include
zoning variances, building code changes, GEMP EMP reviews, and other land use
planning techniques.
26
EXHIBIT B - EMERGENCY MANAGEMENT PLAN
The City of Anna, Texas
With public safety a primary concern, rapid recovery may require adjustments to policies
and procedures to streamline the recovery process.
Hazard mitigation actions will need to be coordinated and employed in all activities by all
jurisdictions in order to ensure a maximum reduction of vulnerability to future disasters.
The City of Anna will strive to ensure the restoration essential facilities to their pre -
disaster condition by retrofitting, repairing or reconstructing them during long-term
recovery operations.
B. AFTER -ACTION REPORTING
The after -action report serves as a source for documenting emergency response activities,
identifying areas of success and concern, and for developing a work plan for
implementing improvements.
The after -action report provides, at a minimum, the following:
• Response actions taken
• Necessary modifications to plans and procedures
• Training needs
• Recovery activities to date
The after -action report is a composite document for all Emergency Support Functions,
providing a broad perspective of the incident and referencing more detailed documents. It
includes an overview of the incident, enclosures, and addresses specific areas of the
response as necessary. The Incident Commander is responsible for the completing and
distributing the after -action report. The IC may coordinate with anyone involved in the
incident when completing the after -action report. The after -action report is should be
well structured, geared to the target audience, written in simple language, and brief and
well presented. Data for the after -action report is collected from de -briefings and
interviews with emergency responders and documentation provided by those involved in
the incident, during the duration of the incident and its aftermath.
This plan has been adopted via ordinance by the City of Anna.
Mayor
Date
City Secretary
It .
27
Council Meeting: March 29, 2012
Account Code #: N/A
Budgeted Amount:
N/A
Item No.14
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 3-22-12
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: 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); Danielle Budow v. State of Texas,
Cause No. 296-04555-2011 in the 296th District Court of Collin County,
Texas; discussion regarding the 2010 CDBG Contract; discussion
regarding ballot propositions.
b. Personnel Matters: City Attorney Annual Evaluation. (Tex. Gov't Code
§551.074).
c. Discuss or deliberate Economic Development Negotiations: (1) To
discuss or deliberate regarding commercial or financial information that
the Board of Directors has received from a business prospect that the
Board of Directors seeks to have locate, stay, or expand in or near the
territory of the City of Anna and with which the Board 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) fixture development on FM 455 near
Ferguson Pkwy.
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.
SUMMARY:
RECOMMENDATION:
IIOMETOWN
Council Meeting: March 29, 2012
Account Code #: N/A
Item No. 15
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 3-22-12
Budgeted Amount: N/A Exhibits: C] Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted
agenda for March 29, 2012 City of Anna Workshop Session or any closed session
occurring during this Regular Meeting, as necessary.
SUMMARY:
RECOMMENDATION:
Council Meeting: March 29I 2012
Account Code #: N/A
Budgeted Amount: N/A
AGENDA SUBJECT: Adjourn.
SUMMARY:
Item No. 16
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 3-22-12
Exhibits: ❑Yes ❑ No
RECOMMENDATION: Staff recommends a motion to adjourn.