Loading...
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.