Loading...
HomeMy WebLinkAboutCCpkt2012-02-28CITY 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 0Iff) Frq t 1 CC AVIVI me to the city council meeting.. Your presence and pafictwuOrT are apFreclated.. ` u may marke your opinicrt known an an issue andflor register to spear to the Mayor and Gil Coo %,il_ ����Se this �€� €� a� fhe spa tab1eto )e forwarded W the MAYOr. Please steps to. the podifum as snap as you are temgnized D the Mayor and stat6 your name aftd address before beginning ycu€r )resentat'lon. If you have written na es or oth material u Wish €� � nt to the ayar and Gaunc11F please turnIsh are extra cqpy for the of rclal files. P4am . Address. f ` 5L -�- -cv\� cA.-,. +�D co TX 7533 iF4��'��t?Ef#sE3c�44YC�.sE�'kt-�#�Fs��'�yE"�icfr�SE"#n�ak-�sF��4h'etE.kic�i�Ie�7t-kfr+tiY&fi��si���k'Jt.�:E�.+-s:;-R ien^k1Eiu�:�#.t£&v:##��� Regard€r�� ��enda ltec�t Via. � ��u��€� [Vleetir�� date. 2 2 t� ,�ub�ect: t���er�ts_ ��se �a�l€ if ne�essa�r� l do not wish to address the Mayor and City Council., but da wish tot regfster Welcome to the city Guunctl meeting.. Your presenoa and particfpsedon are apprecfated..You may make your Opinion knovur% on an issue andfor register to. speak to the Mayor and Gity Council. Rease tutu Vfs form In at the sta.ff tabfe, to be forwarded td the Mayor. Please steps tothe pod[um as soon as you are remgnized b the Mayor and state your name and address before be€grtnniu your presentation. If you have written motes or other mater'aI you WISft to present to the Mayor and Gauoc f pfease furnish are extra c9py for the official fifes_ ante: kddressaw L "kdevL <5 Mate f euol 1"If. ertd=a fter Irv. a. C� 3 �aurtoif fVfeetit date: o� 8 `vZ.. Subject: U.-l� �-t kA uv ` v AFGr ()Against . fsb to adc�r��s tf�e f't�a�at art+ �� �Qur�ci�. (PLEASE LIMIT COMMENTS TO 3 MINUTE 51 do not wish to address the Mayor and CityCouncil but do- Msh fo, register ` ��e t the city council meeting., cur presence and oacfici do � are appreciated. -� u may make your opinion known €�� an issue andfer red€ ter to spear to the Mayer and vv Council. . Ptease tui €s form €n at the staff tabfe- fe be forwarded W the Mayor. Please step to the pcdfiu as scan- as yoau are recognized l the Mayor and state your name and address before beginning, Your presentaticn: tf you hate rt €� motes or other material you wish to. present the Wayor and Geuncl[F please furnflsh are eWa dopy for the off€cia\l files Alt game: - � /rA ) 44d€iress. ` 2�1 . City f State I Zip& /4,LSD Telephone Number (a): 0 5 J73 f�egard€'€�� agenda �fe�t Irv. Su��ect: �F€�r �acl€ if ne�essa�� �/ J �ouncxl IVieetin€� �a�e: .��alnst ��lsl� �+� adclr�ss tf�e t�ta�ar and �t �c�unG�l. t do not wish to address the Mayor and City Council, but do, wish €a register c��Fni°ems. . Jr Welcome tothe city council meeting.• Your presence and p articl atfori are appreciated. 'You may make your opinion known an are issue andfor register' to - speak to tfie Mayor and City Council. Please 'Lim €leis fo ire at the sta ff, - table, to be forwarded td the layer. Please step to the podf'um as scan as you are recognized by the Mayor and state your name aftd address before b r n-ain your presentation, It you have written notes or ether material you wlslt €opresent to the Mayer and Gouncff, please furnish are extra c9py for the official tiles_ Address: � 77� l( City f State I Zipu Telephone dumber s : / Regard[ng Agenda lterri No. Council Meeting Date. ef 1 Subject: For i st mmants: (Uqe back if necessary) 1 �isl� to addr��s tyre l�ta�ar ar�d �it� �c�urzcil. (PLEASE LIMIT GUMMENTS TO 3 MENUTE it . l do not wish to address the Mayor and City Coundil, but do wish to register Y{OIIR} HOMETOWN 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 will meet 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 2. Roll Call and Establishment of Quorum. 3. Presentation and Discussion regarding the Water and Wastewater Capital Improvement Plan. (Gary Hendricks) 4. Discussion regarding the 100 year anniversary of incorporation. (City Manager) 5. Discussion regarding City Council's March 13, 2012 regular meeting date. (City Manager) 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 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 380`h District Court of Collin County, Texas; Danielle Budow v. State of Texas, Cause No. 296-04555m2011 in the 296th District Court of Collin County, Texas; Anna/Weston boundary agreement; Anticipated litigation regarding nuisance property condition at 323 East 71h Street, Anna, Texas. 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 Iegally 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. 02-28-12 CC Regular Meeting Agenda.doc 1 Posted 02-2442 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. 7. Discussion regarding any item on the City Council'a February 28, 2012 Regular Meeting Agenda Notice, which was posted at the same date, time and place of this Workshop Agenda Notice. 8. 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., February 24, 2012. Natha Wilkison, City Secretary 1. The Council may vote andfor 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. 02-28-12 CC Regular Meeting Agenda.doc 2 Posted 02-24-12 y{per} HOMETOWN AMENDED CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING February 28, 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., February 28, 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 a record of attendance. If you wish to speak on an open -session agenda item please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order. 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 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. 02-28-12 CC Regular Meeting Agenda.doc 3 Posted 02-24-12 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 14, 2012 Regular Meeting. 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) (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. (c) Consider/Discuss/Action regarding a Resolution making findings regarding the proposed creation of FM 455 Median Break Public Improvement District. (City Manager) 7. Consider/Discuss/Action regarding a Resolution approving Membership in TEX- 21. (City Manager) 8. Consider/Discuss/Action regarding an Ordinance amending the Tree Preservation Ordinance by removing tree preservation requirements within the Downtown Redevelopment District. (Maurice Schwanke) 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) 10. Discussion regarding proposed rules for itinerant vendors. (Maurice Schwanke) 11. Discussion regarding required closing of First Street all crossing. (City Manager) 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 380th District Court of Collin County, Texas. (City Attorney) 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. 02-28-12 CC Regular Meeting Agenda.doc 4 Posted 02-24-12 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 m the 3801h 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 7th Street, Anna, Texas. b. Personnel Matters: City Manager. (Tex. Gov't Code §551.074). The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 14. Consider/Discuss/Action on any items listed on posted agenda for February 28, 2012 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 15. 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., February 24, 2012. �� 'lrllik'l¢ida� Natha wit son, 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. 02-2842 CC Regular Meeting Agenda.doc 5 Posted 02-2442 Y{OUft} IiOMETOWN 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 will >neet 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 2. Roll Call and Establishment of Quorum. 3. Presentation and Discussion regarding the Water and Wastewater Capital Improvement Plan. (Gary Hendricks) 4. Discussion regarding the 100 year anniversary of incorporation. (City Manager) 5. Discussion regarding City Council's March 13, 2012 regular meeting date. (City Manager) 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 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. 38M2370-2011 in the 380th District Court of Collin County, Texas; Danielle Budow v. State of Texas, Cause No. 29&04555-2011 in the 296th District Court of Collin County, Texas; Anna/Weston boundary agreement; Anticipated litigation regarding nuisance property condition at 323 East 7th Street, Anna, Texas. 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. 02-2842 CC Regular Meeting Agenda.doc 1 Posted 02-24-12 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. 7. Discussion regarding any item on the City COUnell'S February 28, 2012 Regular Meeting Agenda Notice, which was posted at the same date, time and place of this Workshop Agenda Notice, 8. 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., February 24, 2012. �C�!-i�a 'Lfic�ccyav� 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 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 02-28-12 CC Regular Meeting Agenda.doc 2 Posted 02-24-12 Y{OUR} iiOMETOW N CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING February 28, 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., February 28, 2012, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the attendance. If yc Opinion/Speaker meeting starts. City Council Meeting. Please sign the Sign -In -Sheet as a r^ecord of u wish to speak on an open -session agenda item please fill out the Registration Form and turn it in to the City Secretary before the 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 inclurde: 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 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. 02-28-12 CC Regular Meeting Agenda.doc 3 Posted 02-24-12 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 14, 2012 Regular Meeting. 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) (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. (c) Consider/Discuss/Action regarding a Resolution making findings regarding the proposed creation of FM 455 Median Break Public Improvement District. (City Manager) 7. Consider/Discuss/Action regarding a Resolution approving Membership in TEX- 21. (City Manager) 8. Consider/Discuss/Action regarding an Ordinance amending the Tree Preservation Ordinance by removing tree preservation requirements within the Downtown Redevelopment District. (Maurice Schwanke) 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) 10. Discussion regarding proposed rules for itinerant vendors. (Maurice Schwanke) 11. Discussion regarding required closing of First Street Rail crossing. (City Manager) 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 380th District Court of Collin County, Texas. (City Attorney) 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. 02-28-12 CC Regular Meeting Agenda.doc 4 Posted 02-24-12 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 gation 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 380th 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 7th 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. 14. Consider/Discuss/Action on any items listed on posted agenda for February 28, 2012 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 15. 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., February 24, 2012. �22� 'Lf/c�ccQa,✓t 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 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 02-28-12 CC Regular Meeting Agenda.doc 5 Posted 02-24-12 Y{OUR} HOA'[E1'OW N Council Meeting: February 28, 2012 Account Code #: Budgeted Amount: Item No. 3 WS City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: City Manager Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Presentation and Discussion regarding the Water and Wastewater Capital Improvement Plan, SUMMARY: Last year we asked our consulting engineer (Birkhoff, Hendricks &Carter) to re- evaluate our water master plan and provide us with a priority list of capital improvements we will need to make in the next five to ten years along with a specific implementation strategy. Their analysis confirms what have assumed which is at our current rate of growth, we will need to begin supplementing our current groundwater resources with surface water within the next year or two. It is also appears likely that in the near future, we will need to construct a new elevated storage tank, and increase our wastewater treatment capacity. Our consulting engineer will present implementation strategies for the capital improvement we will need to construct. a Ytoux} xonzEz'owN Council Meeting: February 28, 2012 Account Code #: Budgeted Amount: Item No. 4 W S City Secretary's use only City of Anna City Council Agenda all Report Staff Contact: City Manama Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Discussion regarding the 100 year anniversary of incorporation. SUMMARY: According to our best information, the City of Anna was incorporated in 1913. Next year will be the 100 year anni Nversary of our incorporation. Staff recommends that the City work with and support efforts by the Greater Anna Chamber of Commerce to plan an appropriate commemoration event. i Y{OUR} HOMETOW N Council Meeting: February 28, 2012 Account Code #: Budgeted Amount: Item No. 5 WS City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: City Manager Exhibits: � Yes ❑ No AGENDA SUBJECT: Discussion regarding the City Council's March 13, 2012 regular meeting date. SUMMARY: The March 13 regular Council meeting falls during the week of Spring Break. If a quorum of the Council will be unable to attend, the agenda items will need to be moved to a future meeting date. Council Meeting: February 28, 2012 Account Code #: N/A Budgeted Amount: N/A AGENDA SUBJECT: RECOMMENDATION: Call to order. Item No.I City Secretary's use only City of Anna City Council Agenda all Report Staff Contact: Philip Sanders Date Prepared: 2-23-12 Exhibits: ❑Yes ❑ No Council Meeting: February 28, 2012 Account Code #: N/A Item No. 2 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 2-23-12 Budgeted Amount: N/A Exhibits: ❑Yes AGENDA SUBJECT: Invocation and Pledge of Allegiance. SUMMARY: RECOMMENDATION: Council Meeting: February 28, 2012 Account Code #: N/A Budgeted Amount: N/A Item No. 3 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 2-23-12 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Citizen Comments. Citizens aJ°e allo�a�ed 3 minartes 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. SUMMARY: RECOMMENDATION: Council Meeting: February 28, 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: 2-23�12 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: 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 schedilled 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: M. t�)d f ati►�11h`i Council Meeting: February 28, 2012 Account Code #: N/A Budgeted Amount: N/A Item No.S a City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 2-23�12 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consent Items. These items consist of non-conh•oversial or "housekeeping" items required by lain. 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. SUMMARY: RECOMMENDATION: Staff recommends approval of the consent items. MINUTES OF CITY OF ANNA AGENDA NOTICE - CITY COUNCIL WORKSHOP February 14, 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 14, 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 Member Mike Crist, Keith Green, John Geren, Marc Hendricks and Becky Glover were present. Council Member Kevin Anderson was absent. 3. Discussion regarding possible joint projects through the Collin/Grayson County Municipal Alliance (CGCMA). (Don Paschal) Don Paschal was present and presented this item to council. Discussion regarding Mr. Paschal's report on areas of potential cooperative opportunities and associated issues with Collin Grayson Municipal Alliance. 4. Presentation from Dean International on Tex-21 membership. A representative from Dean International was present and presented this item to council. Discussion regarding membership into TEX-21 took place. 5. Discussion regarding possible annexation of property on FM 2862. (Maurice Schwanke) Maurice Schwanke, Director of Planning and Zoning presented this item to council for discussion. 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. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); Pu><•chase of park land. 02-14-12 CC Regular Meeting Mimrtes.doc 1 02-14-12 b. 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); discussion regarding ordinances relating to the sale of alcohol; 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 296t1' District Court of Collin County, Texas; Anticipated litigation garding nuisance property condition at 323 East 7t' reStreet, 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. 7. Discussion regarding any item on the City Council's February 14, 2012 Regular Meeting Agenda Notice, which was posted at the same date, time and place of this Workshop Agenda Notice. No discussion. 8. Adjourn. Council Member Crist made the motion to adjourn at 7:36 pm. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 ATTEST: APPROVED: Natha Wilkison, City Secretary Darren R. Driskell, Mayor 02-14-12 CC Regular Meeting Minutes.doc 2 02-14-12 i►� rRILLN E ENUM CITY OF ANNA AGENDA NOTICE — CITY COUNCIL REGULAR MEETING February 14, 2012 '7:30 p.m. —Anna City Hall Administration Building The City Council of the City of Anna met in Regular Session at 7:30 p.m., February 145 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 a recor°d of attendance. If you wish to speak on an open -session agenda item please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order. Mayor Darren R. Driskell called the meeting to order at 7:30 pm. 2. Invocation and Pledge of Allegiance. Mayor Driskell gave the invocation. 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. 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 in the municipality that has arisen after the posting of the agenda. City Manager, Philip Sanders mentioned the Greater Anna Chamber of Commerce banquet on February 25, 2012. Council Member Crist mentioned Brookshire's having a tent in their parking lot for getting Valentine gifts. 02-14-12 CC Regular Meeting Mimdes.doc 3 02-14-12 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 January 24, 2012 Regular Meeting. b. Approve a Resolution regarding amendments to the AMR License Agreement. (Chief Roma) c. Approve a Resolution suspending the March 6, 2012, effective date of Atmos Energy Corp., Mid -Tex Division requested rate change. (Philip Sanders) d. Approve Resolution regarding the 2012 Facilities Use Agreement with AYSA. (James Parkman) e. Approve site plan for "Premier Pawn". (Maurice Schwanke) f. Review CDC Minutes for October 20, 2012 and November 8, 2012. g. Review EDC Minutes for October 20, 2012 and November 8, 2012. h. Approve a Resolution providing approval for Anna Community Development Corporation to enter into a 1" Supplemental Amendment to Loan Agreement and Promissory Note and to Security Agreement (Image Vision Labs, Inc.) concerning subordination of security for revolving loan. (Clark McCoy) Council Member Crist made the motion to approve. Council Member Geren seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 6. Consider/Discuss/Action regarding appointments to fill vacancies on the Planning and Zoning Commission, Parks Advisory Board, Economic Development Corporation, Community Development Corporation, and Board of Adjustment. (City Council) Council Members discussed the applicants for Planning and Zoning Commission. Mayor Drislcell made the motion to appoint Shane Williams to P & Z. Council Member Green seconded the motion. Motion passes. NAY 0 ABSTAIN 0 Council Members discussed applicants for Parks Board. Council Member Crist made the motion to appoint Scott Stroud to the Parlcs Board. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 Council Members discussed the applicants for Anna Economic Development Corporation and Anna Community Development Corporation. Council Member Crist made the motion to appoint Sarah Jones to the EDC/CDC. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 02-14-12 CC Regular Meeting Minutes.doc 4 02-14-12 Council Members discussed applicants for Board of Adjustment. Mayor Drlskell made the motion to appoint Sandy Setliff to the BOA and Scott Stroud as an Alternate to the BOA. Council Member Glover seconded the motion. Motion passes. NAY 0 7. Consider/Discuss/Action regarding a Resolution awarding the bid and authorizing execution of a contract for the Anna Fire Station Remodel. (Chief Roma) City Manager, Philip Sanders presented the item to council and answered questions. Council Member Glover made the motion to approve. Council Member Green seconded the motion. Motion passes. NAY 0 ABSTAIN 0 8. Consider/Discuss/Action regarding adopting an ordinance amending the 2012 Fiscal Year Budget. (Clayton Fulton) Clayton Fulton, Finance Director handed out a new staff report and amended exhibit and presented the item to council and answered questions. Council Member Crist made the motion to approve the amended items. Council Member Geren seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 9. Consider/Discuss/Action regarding a Resolution recognizing the filing of a petition to create a Public Improvement District and appointing a body to prepare a proposed service plan, assessment plan, and assessment roll. (Philip Sanders) City Manager, Philip Sanders presented the item to council and answered questions. Council Member Crist made the motion to approve. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ' 1► 1 10. Consider/Discuss/Action regarding a Resolution approving the design of the National Sign Plaza builder kiosk signs. (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented the item to council and answered questions. Council Member Crist made the motion to approve the sign without the lady and adding the brown graining to the background. Council Member Hendricks seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 02-14-12 CC Regular Meeting Minutes.doc 5 02-14-12 11. Consider/Discuss/Action regarding adopting a resolution approving the interior design layout and exterior design and the not to exceed amount from Level 5 Design for property located at 312 North Powell Parkway and authorizing the EDC Chief Administrative Officer to execute an agreement for same. (Jessica Perkins) Jessica Perkins, Assistant to the City Manager presented the item to council and Justin Gilmore with Level 5 Design Group reviewed the specifics of the project. Mayor Driskell made the motion to approve. Council Member Crist seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 12. Consider/Discuss/Action approving a Resolution amending the Fiscal Year 2012 EDC budget. (Jessica Perkins) Jessica Perkins, Assistant to the City Manager presented the item to council and answered questions. Council Member Crist made the motion to approve. Council Member Glover seconded the motion. Motion passes. NAY 0 ABSTAIN 0 13. Consider/Discuss/Action regarding an Ordinance amending Part B ,Section 3 of Ordinance No. 244-2006 as amended, related to de minimis gifts. (Clark McCoy) Clark McCoy, City Attorney presented the item to council and answered questions. Mayor Driskell made the motion to approve. Council Member Cr1St seconded the motion. Motion passes. Aye 6 NAY 0 ABSTAIN 0 14. Consider/Discuss/Action regarding adopting an ordinance ordering a May 12, 2012 Joint General Election with Anna ISD; Ordering a May 12, 2012 General Election to elect one Mayor and three City Council Members all for three-year terms; a Special Election to propose to voters amendments to the City of Anna, Texas Home -Rule Charter; and a Special Election to propose to voters the sale of park land. (City Council/City Attorney) Council Member Crist made the motion to enter closed session at 8:36 pm. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 02-14-]2 CC Regular Meeting Mimrtes.doc 6 02-14-12 Council Member Crist made the motion to return to open session at 9:00 pm. Council Member Green seconded the motion. Motion passes. AYE 6 NAY 0 Council Member Crist made the motion to approve the ordinance removing proposition 5. Council Member Glover seconded the motion. City Attorney, Clark McCoy stated a point of clarification of removing proposition 5 and renumbering the remaining proposition. AYE 5 NAY I (Mayor Driskell) ABSTAIN 0 15. 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 380tt' District Court of Collin County, Texas. (Clark McCoy) No action taken on this item. Council did not enter closed session at this time. 16. 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. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); Purchase of park land. b. 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); discussion regarding ordinances relating to the sale of alcohol; 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 296n, District Court of Collin County, Texas; 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. 02-14-12 CC Regular Meeting Minutes.doc 7 02-14-12 17. Consider/Discuss/Action on any items listed on posted agenda for February 14, 2012 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. Council Member Crist made the motion to take no action. Council Member Green seconded the motion. Motion passes. 18. Adjourn. Mayor Driskell made the motion to adjourn at 9:03 pm. Council Member Crist seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 ATTEST: APPROVED: Natha Willcison, City Secretary Darren R. Driskell, Mayor 02-14-12 CC Regular Meeting Minutes.doc 8 02-14-12 Council Meeting: February 285 2012 Account Code #: Budgeted Amount: Item No. 6 a-c City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Ci Manager Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Public Hearing on the creation of a PID, and Resolution malting findings regarding the proposed creation of the FM 455 Median Break Public Improvement District, SUMMARY: During the February 14 City Council meeting, the Council approved a Resolution accepting the submission of a petition to create a Public Improvement District (PID). The proposed RID would fund the construction of a median break in front of the Anna Market Center development on FM 455. The Council is now required to hold a public hearing and then adopt Resolutions making certain findings regarding the advisability, estimated cost, method of assessment, apportionment of cost, and appraised value of taxable real property in the PID. RECOMMENDATION: Staff recommends approval of the attached Resolutions. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION ESTIMATING APPRAISED VALUE OF TAXABLE REAL PROPERTY LIABLE FOR ASSESSMENT IN PROPOSED FM 455 MEDIAN BREAK PUBLIC IMPROVEMENT DISTRICT AND ESTIMATING THE COST OF IMPROVEMENTS. WHEREAS, on January 23, 2012 there was presented to the City of Anna, Texas (the "City") a petition (the "Petition") seeking the authorization to create a public improvement district (the "District") to make improvements including a median break on FM 455 in the corporate limits of Anna, Texas; and WHEREAS, said petition described public improvements proposed to be made within the District; 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 the public hearing referenced above, the City Council of the City of Anna, Texas ("City Council") estimated the appraised value of taxable real property liable for assessment in the proposed District and further estimated the cost of improvements; and WHEREAS, before conducting the public hearing referenced above, the City Council sets forth in this resolution the estimated appraised value of taxable real property liable for assessment in the proposed District and the estimated cost of improvements; 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 incorporate the same in the body of this Resolution as if set forth in full for all purposes. Section 2. Findings of the Council. The City Council, before conducting the public hearing required under Tex. Local Gov't Code § 372.009, hereby finds that the estimated value of taxable real property liable for assessment in the proposed District is $9,446,287 and the estimated cost of the improvements total $72,136 for construction and $3,000 in administrative and legal costs over the life of the District. Section 3. Severability. It is hereby declared to be the intention of the City, that sections, paragraphs, clauses, 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 or phrase. Section 4. Passage. The authorization of the District pursuant to this resolution shall take effect upon publication of this resolution as provided above. PASSED AND APPROVED by the City Council of the City of Anna, Texas this the 28tn day of February, 2010. I_�ilra`�r City Secretary, Natha Wilkison Mayor, Darren R. Driskell ARNA 455 CO February 13, 2012 City of Anna 111 N. Powell Street Anna, Texas75409 Ref: Request for the establishment of a Public Improvement District (PID) for FM 455 improvements. Honorable Mayor and Council Members: We would like to thank you for allowing us the opportunity to comment on the requested establishment of a PID, by the City and the property owners along the south side of FM 455. We currently own approximately 19.3 acres on the north side of FM 455, from which 10.4 acres is currently being farmed east of future Ferguson Parkway. We understand the southern property owner's desire to have the turn lanes installed immediately, due to the fact that their property has been partially developed and sold off to users, such as Brookshire's, Independence Bank and others. However, we have no immediate need for a turn lane today. It's not typical for a PID to be imposed where an undeveloped property owner has to pay for improvements "up front" to immediately benefit an existing developed property or developer. If you owned our land, how would you feel paying approximately $40,000 to benefit the existing users today on the south side? When developers install infrastructure to benefit their property, they typically pay for the improvements up front. Any shared costs from non -developed properties can be reimbursed to the developer through a pro-rata or development agreement with the City. These agreements allow the adjacent landowners to reimburse the developer or City when they develop, not when it's installed by others. Simply put, we feel this PID isn't right. We've never had an agreement in any City where we installed improvements and forced an adjacent farmer, homeowner, developer or investor to pay half the improvements up front, while we developed our property. We understand approximately half the cost can be attributed to our future use of the improvements, but feel this cost should be paid when we develop, not while we farm the property. Thank you for your time and consideration. If you have any questions or comments, please contact me at (214) 387-3993 or at mrobinson@txlandresources.com. Sincerely, Anna 455 Commercial, LP Matt Robinson -Representative CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION MAKING FINDINGS REGARDING THE PROPOSED CREATION OF FM 455 MEDIAN BREAK PUBLIC IMPROVEMENT DISTRICT; 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") seeking the authorization to create a public improvement district (the "District") to make improvements including a median break on or near FM 455 in the corporate limits of Anna, Texas; and WHEREAS, said petition described said public improvements proposed to be made within the District; 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 February 28, 2012, the City Council of the City of Anna, Texas ("City Council") adopted a resolution estimating the appraised value of taxable real property liable for assessment in the proposed District and estimating the cost of improvements; and 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 such public hearing to speak for or against the creation of the District and the proposed public improvements; and WHEREAS, after the close of the public hearing, the City Council by this resolution makes certain findings based on the information contained in the Petition presented to the City Council, information provided by City staff, any comments received at the public hearing, and any discussion by the City Council; 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 incorporate the same in the body of this Resolution as if set forth in full for all purposes. City of Anna, Texas Resolution No. Page 1 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; (d) 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 City of Anna, Texas Resolution No. Page 2 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 District and no costs are paid by the City; (i) the District shall be managed without the creation of an advisory body; and Q) the making of the improvements by the creation of the District is advisable. Section 3. Severability. It is hereby declared to be the intention of the City, that sections, paragraphs, clauses, 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 or phrase. Section 4. Passage. The authorization of the District pursuant to this resolution shall take effect upon publication of this resolution as provided above. PASSED AND APPROVED by the City Council of the City of Anna, Texas this the 28tn day of February, 2012. ATTESTED: APPROVED: City Secretary, Natha Wilkison Mayor, Darren R. Driskell City of Anna, Texas Resolution No. Page 3 PROPOSED IMPROVEMENTS AND ESTIMATED COSTS Improvements —Design and construction of a median break on Farm to Market Road 155 within the District. Estimated Costs of Improvements —The estimated costs of the improvements, including financing, total $72,136 for construction and $3,000 in administrative and legal costs over the life of 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 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. 7362 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. Ytoua� xoan>�•rowN Council Meeting: Februai,y 28, 2012 Account Code #:_ Budgeted Amount: Item No. 7 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: City Manager Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving Membership in TEX-21. SUMMARY: TEX-21 is a coalition of local governments and elected officials that work to support enhanced multi -modal transportation across Texas and Arkansas. The coalition is managed by Dean International, a consulting company with expertise in transportation related matters. The City of Anna has been asked to join TEX-21 at a cost of $2,125 annually ($1,062.50 for the remainder of the fiscal year). The cost of membership was not included in the current budget. If we join this year, funds for the annual dues would have to be transferred from another line -item account in the budget. The mission of the TEX-21 U.S. 75 Corridor Taslc Force is to improve, sustain, and advance the viability and position of the U.S. 75 Corridor as a preeminent national transportation corridor and to provide all Corridor stakeholders with the appropriate platform and cohesive vision to advocate on its behalf. The Coalition's consultants are drafting language to make U.S. 75 a Nationally Designated High -Priority Corridor (making it eligible for additional funds and also prioritizing it for Interstate status). If the Council elects to pass on paid membership, I have been told that the City would still be able to attend the coalition briefings and meetings, but would not vote on issues brought before the full membership. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING MEMBERSHIP IN TEX-21 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, the City Council of the City of Anna, Texas (the "Council") finds that membership in TEX-21 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: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval of Membership The City Council hereby authorizes the City Manager to take all necessary action to obtain full membership for the City of Anna in TEX-21. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 28tn day of February 2012. r,1��cZ•1.1��1 Darren R. Driskell, Mayor ATTEST: Natha Wilkison, City Secretary CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1 R� Council Meeting: February 28I 2012 Account Code #: N/A Item No. 8 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanlce Date Prepared: 02/23/12 Budgeted Amount: N/A Exhibits: ■Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding an Ordinance amending the Tree Preservation Ordinance by removing tree preservation requirements within the Downtown Redevelopment District. SUMMARY: The current Tree Preservation Ordinance is valid for everywhere within the City. We are tying to redevelop the area within the downtown redevelopment district into an area that has a more urbanized downtown fabric. As such many of the original homesteads in this area had tree plantings that were planted in close proximity to houses. In many instances the trees and tree lines do not lend themselves to the high density development and coverage that we want. In many instances we want the buildings pushed to the right-of-way lines with canopy overlapping into right-of-ways. The existing tree patterns that are found sometime traverse down the center of the tracts or in a random fashion and are not conducive to development and saving. As such they need to be removed. In the course of development when trees can be saved we will strive to do such. The areas will be landscaped and new trees will be planted. RECOMMENDED ACTION: Approval of the ordinance. Item No. 8 City Secretary's use only CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING PART III-F; TREE PRESERVATION REGULATIONS, PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $500; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("the City") has previously adopted ordinances, rules and regulations governing Tree Preservation; and WHERAS, the City of Anna is promoting the development of the Downtown; and WHEREAS, the City of Anna, Texas City Council has investigated and determined that it would be advantageous and beneficial to the City and its citizens to amend Part III-F, Section 5 by adjusting the applicability to exempt tree preservation and replacement requirements in the Downtown Redevelopment District; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Recitals Incorporated. The above -referenced recitals are incorporated herein as if set forth in full for all purposes. Amendment. In accordance with Part II, Article I, Section 9 of Anna, the following amendment is added to Part III-F, Section 5: (h) area within an area zoned for Downtown Redevelopment. Section 3. Penalty. Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $500 for each incidence of violation. Each violation is considered a separate offense and will be punished separately. Section 4. Savings, Severability and Repealing Clauses. Item No. 8 City Secretary's use only 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, 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 5. 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 28th day of February, 2012. ATTESTED: City Secretary, Natha Willcison APPROVED: Mayor, Darren R. Driskell i Council Meeting: February 28I 2012 Account Code #: N/A Budgeted Amount: N/A Item No. 9 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanke Date Prepared: 02/23/12 Exhibits: ■Yes ❑ No AGENDA SUBJECT: 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. SUMMARY: From time to time a need for land use protection for property in our Extra - Territorial Jurisdiction occurs. The area indicated on the attached exhibit shows property along the western edge of F.M. 2862 that may need to be considered for such action. Several of the properties currently have an AG exemption. As such we would like to offer the property owners an agreement which would not require an annexation procedure while obtaining the land use control we desire. The schedule that is proposed gives the staff approximately three weeks to accomplish our task. If heavy resistance is encountered then we could proceed with annexation. RECOMMENDED ACTION: Council Prerogative Item No. 9 City Secretary's use only Item No. 9 City Secretary's use only CITY OF ANNA RESOLUTION NO. (City Annexation of Property along west of FM 2862 and north of Sam Rayburn Hwy) A RESOLUTION ESTABLISHING THE DATES, TIMES, AND PLACES FOR PUBLIC HEARINGS AND APPROVING OTHER MATTERS RELATED TO THE ANNEXATION OF PROPERTY WHEREAS, in or to better protect the health, safety, and welfare of the citizens of Anna, the City Council of the City of Anna wishes to consider annexation of certain property described in Exhibit A; and WHEREAS, said territory lies adjacent to and adjoins the present boundaries of the City of Anna, Texas; now therefore; and WHEREAS, Chapter 43.035 of the Texas Local Government Code requires the City, prior to annexing property that is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter; to offer to make a development agreement that would guarantee the continuation of the extraterritorial status of the property and authorize the City to exercise limited planning authority; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA THAT Section 1. The City Council of the City of Anna hereby proposes to annex the property described in Exhibit A. Section 2. Public hearings regarding the proposed annexation are hereby scheduled as follows: lst Public Hearing - Apri124, 2012, at 7:30 p.m. at City Council Chambers, Anna City Hall Administration Building, 1 I I N. Powell Pkwy (Hwy 5), Anna, TX 2nd Public Hearing — May 8, 2012, at 7630 p.m. at City Council Chambers, Anna City Hall Administration Building, I l l N. Powell Pkwy (Hwy 5), Anna, TX Section 3. The City Manager is hereby directed to extend an offer to the owners of certain properties who qualify under Chapter 43.035 of the Texas Local Government Code, to make a development agreement with the City, the form and terms of which are attached hereto as Exhibit B, and incorporated herein for all purposes. Item No. 9 City Secretary's use only PASSED by the following vote of all members of the City Council as present on this the 28th day of February, 2012. AYES ATTEST: NAYS City Secretary, Natha Wilkison ABSTENTIONS Mayor, Darren R. Drislcell Item No. 9 City Secretary's use only STATE OF TEXAS ) COUNTY OF COLLIN ) CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE DEVELOPMENT AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code by and between the City of Anna, Texas (the "City") and the undersigned property owner(s) (the "Owner"). The term "Owner" includes all owners of the Property. WHEREAS, the Owner owns a parcel of real property(s) (the "Property") in Collin County, Texas, shown in the attached Exhibit "A"; and WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and 212.172 of the Texas Local Government Code, in order to address the desires of the Owner and the procedures of the City; and WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon the City and the Owner and their respective successors and assigns for the term (defined below) of this Agreement; and WHEREAS, this Development Agreement is to be recorded in the Real Property Records of Collin County. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: Section 1. The City guarantees the continuation of the extraterritorial status of the Owner's Property, its immunity from annexation by the City, and its immunity from City property taxes, for the term of this Agreement, subject to the provisions of this Agreement. Except as provided in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily institute proceedings to annex the Property, and further agrees not to include the Property in a statutory annexation plan for the Term of this Agreement. However, if the Property is annexed pursuant to the provisions of this Agreement, then the City shall provide services to the Property pursuant to Chapter 43 of Texas Local Government Code. Item No. 9 City Secretary's use only Section 2. The Owner covenants and agrees not to use the Property for any use other than for agriculture, wildlife management, and/or timber land consistent with Chapter 23 of the Texas Tax Code, without the prior written consent of the City. The Owner covenants and agrees that the Owner will not file any type of subdivision plat or related development document for the Property with Collin County or the City until the Property has been annexed into, and zoned by, the City. The Owner covenants and agrees not to construct, or allow to be constructed, any buildings on the Property that would require a building permit if the Property were in the city limits, until the Property has been annexed into, and zoned by, the City. The Owner also covenants and agrees that the City's SF-E Single Family Estate District zoning requirements apply to the Property, and that the Property shall be used only for SF-E Single Family Estate District zoning uses that exist on that Property at the time of the execution of this Agreement, unless otherwise provided in this Agreement. The Owner acknowledges that each and every owner of the Property must sign this Agreement in order for the Agreement to take full effect, and the Owner who signs this Agreement covenants and agrees, jointly and severably, to indemnify, hold harmless, and defend the City against any and all legal claims, by any person claiming an ownership interest in the Property who has not signed the Agreement, arising in any way from the City's reliance on this Agreement. Section 3. The Owner acknowledges that if any plat or related development document is filed in violation of this Agreement, or if the Owner commences development of the Property in violation of this Agreement, then in addition to the City's other remedies, such act will constitute a petition for voluntary annexation by the Owner, and the Property will be subject to annexation at the discretion of the City Council. The Owner agrees that such annexation shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner. If annexation proceedings begin pursuant to this Section, the Owner acknowledges that this Agreement serves as an exception to Local Government Code Section 43.052, requiring a municipality to use certain statutory procedures under an annexation plan. Furthermore, the Owner hereby waives any and all vested rights and claims that they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein. The Owner further agrees that the Owner will not in any manner contest any annexation of the Property initiated by the City under this Section or any annexation of the Property completed by the City after the Term of this Agreement. Section 4. Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code, the City is authorized to enforce all of the City`s regulations and planning authority that do not materially interfere with the use of the Property for agriculture, wildlife management, or timber, in the same manner the regulations are enforced within the City's boundaries. The City states and specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212 development agreement. Item No. 9 City Secretary's use only Section 5. The term of this Agreement (the "Term") is five years from the date that the City Manager's signature to this Agreement is acknowledged by a public notary. The Owner, and all of the Owner's heirs, successors and assigns shall be deemed to have filed a petition for voluntary annexation before the end of the Term, for annexation of the Property to be completed on or after the end of the Term. Prior to the end of the Term, the City may commence the voluntary annexation of the Property. In connection with annexation pursuant to this section, the Owners hereby waive any vested rights they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any application, plan, plat or construction any of the owners may submit or initiate during the time between the expiration of this Agreement and the institution of annexation proceedings by the City. Section 6. Property annexed pursuant to this Agreement shall be temporarily classified as SF-E Single Family Estate District until permanent zoning is established by the City Council pursuant to the City's Code of Ordinances, pending determination of the Property's permanent zoning in accordance with the provisions of applicable law and the City's Code of Ordinances. Section 7. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, gives written notice of this Agreement to the prospective purchaser or grantee, and shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the Owner's heirs, successor, and assigns shall give the City written notice within 14 days of any change in the agricultural exemption status of the Property. A copy of either notice required by this section shall be forwarded to the City at the following address: City of Anna Attn: City Manager 1 I I N. Powell Parkway Anna, Texas 75409 Section 8. This Agreement shall run with the Property and be recorded in the real property records of Collin County, Texas. Section 9. If a court of competent jurisdiction determines that any covenant of this Agreement is void or unenforceable, including the covenants regarding involuntary annexation, then the remainder of this Agreement shall remain in full force and effect. Section 10. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Section 11. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. Section 12. Exclusive jurisdiction and venue for disputes arising out of or related in any way to this Agreement shall be in Collin County, Texas. Item No. 9 City Secretary's use only Section 13. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 14. This Agreement shall survive its termination to the extent necessary for the implementation of the provisions of Sections 3, 4, and 5 herein. Entered into this day of , 2012. Philip Sanders City Manager, City of Anna, Texas THE STATE OF TEXAS } COUNTY OF COLLIN } This instrument was acknowledged before me on the _day of Sanders, City Manager, City of Anna, Texas, Notary Public, State of Texas Owner 1 Printed Name: THE STATE OF TEXAS } COUNTY OF } 2010, by Philip This instrument was acknowledged before me on the _day of 2010, by Owner 1. Notary Public, State of Texas Item No. 9 City Secretary's use only Owner 2 Printed Name: THE STATE OF TEXAS } COUNTY OF } This instrument was acknowledged before me on the _day of 2010, by Owner 2. Notary Public, State of Texas Owner 3 Printed Name: THE STATE OF TEXAS } COUNTY OF } This instrument was acknowledged before me on the _day of 2010, by , Owner 3. Notary Public, State of Texas Owner 4 Printed Name: THE STATE OF TEXAS } COUNTY OF } This instrument was acknowledged before me on the _day of Owner 4. Notary Public, State of Texas 2010, by Item No. 9 City Secretary's use only EXHIBIT "A" fiOMETOWN Council Meeting: February 28, 2012 Account Code #: N/A Budgeted Amount: N/A Item No. 10 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanke Date Prepared: 02/23/12 Exhibits: ■Yes � No AGENDA SUBJECT: Discussion regarding proposed rules for itinerant vendors. SUMMARY: From time to time we receive requests from itinerant vendors who want to setup temporary sales of products along our major thoroughfares that traverse the City. Sometimes these uses just appear. Some of these vendors we know and do not have a major problem with them. However, if we let one we will be opening up the possibility for many that we may not appreciate. If one is selling product how do we address the second, third etc. from setting up adjacent to them. We could develop parking issues and potential traffic conflicts. In essence we could create a potential ongoing flea market. As such the staff is looking for direction on this matter. RECOMMENDED ACTION: Council Direction. a Council Meeting: February 28, 2012 Account Code #: Budgeted Amount: Item No. 11 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: City Manager Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Discussion regarding required closing of First Street rail crossing. SUMMARY: In August of 2005 the City signed an agreement that allowed the City to construct a road across the DART owned railroad right-of-way to provide access into the Sweetwater Crossing subdivision. As part of the contract, the City agreed to abandon and close the First Street railroad crossing. During the years since the agreement was signed, the First Street crossing has remained open. On February 16, we received a letter from DART requesting that the City abandon the First Street crossing within 30 days. Unless otherwise directed, Staff will take the necessary steps to close the First Street Crossing. Dallas Area Rapid Transit P.O. Box 660163 Dallas, Texas 75266M 63 ® 214/749-3278 February 14, 2012 Mr. Philip Sanders City Manager City of Anna P.O. Box 776 Anna, Texas 75409-0776 Re: Public Road Crossing License Agreement No. 200671, for Sweetwater Boulevard which was renamed Rosamond Parkway, crossing the Sherman Line at Mile Post 308,63, in Anna, Texas, Dear Mr. Sanders; On August 19, 2005, DART entered into the above referenced Public Road Crossing License Agreement with the City of Anna. Per paragraph 2.06 of the License, two existing road crossings were to be closed within sixty (60) days of opening of Rosamond Parkway. The two named roads are First Street, DOT No. 765314K, located at Mile Post 307.8 and Anna School Road, DOT No, 765317F, located at Mile Post 307,30. Upon inspection, I have found that First Street continues to be open and operational. Within thirty days from receiving this leiier, please install barricades on each side of the First Street road crossing, one at N. Riggins on the west, and the other at Sherley Avenue on the east. Remove the asphalt from First Street up to the ends of the railroad ties between N. Riggins and Sherley Avenue to eliminate vehicular and pedestrian use of First Street between these two roads. However, the freight railroad will remove the asphalt between the ends of the railroad ties. Finally, please install signage indicating the road is closed. If you have any questions, please contact me at (214) 749-3619 or via e-mail at fwilson ,dart.org. Very truly yours, Frances Wilson, SRAVA Sr. Right of Way Representative Commuter Rail & Railroad Management Enclosures C: Greg Hanson, Roadmaster for Dallas, Garland &Northeastern Railroad, via e-mail only t 4 P t• AGKEIaMENT No. Muo 11 PUBLIC ROAD CRQSSING LICENSE AGREEMI~;N`i' THIS .AGREEMENT, by aril ottveen_ T?ALIAS; A1A. RAPID 'TRANSIT; ("DART'!), a regional transportation authority; created, organized and existing pursuant. to Chanter 452,_ Texas; Tra .sporiatiori Code,: as anidi&d (tile "A0.11 and the CITY OF A_NNA ("CJ Y"),. a Texas h6hie-rote oit ("Licensee"),, acting by and through ts..duly authorized official, whose mailing address. is P.O, Hox 776. Anna, 'I exas:7$409-0776. WHEREAS; DART itow awns certain railroad rigttf;af way {tire "C?ARfi Prroperty") �vitliitr the city limits of the City of Anna; and Wl�l~1tlAS; L7AR'1' lras a.7"raClCage Rghis Agreement {the "Contract") with Dallas,: Cxarland &: Northeastern Railroad (the '"Railroad") whereby the Railroad is responsible. for certain maintenance of existing at-grado.highway-rail crossings; and WHEREAS, the City desires to connect a ziew. housing development in northern Anna to State Highway 5, [hereby creating a neiv at�$rade.highway�xaii crossing; NOW,:TTIETtEI�ORB; 1. Purpose: DART hereby grants a license {the "License"}to Licensee for .the purpose of constructing, kecoristructing, installing and maintaining an at -grade,. two-lane, Paved Public Road Crossing; including active warning devices, (the "Permitted linprovements"}. This .crossing : is_ located. at the proposed Sweetwater Boulevard, within. a 120-foot wide-right-of-tvay covering an area approximately 15,000 square: feet; connecting the. Sweetwater Crossing housing development to State Highway 5. in northern Anna. The road will cross DART's Sh6rn* Subdivision; at Mile Post 308.63. in Anna, Collin County, Texas, more particularly as shown_ in Exhibit "All attached hereto and incorporated herein fox all .pertinent purposes;_(the "Property"). Originally designed for a four -lane, 16400t median divided crossingAlie northeiai tw64an6s will be con trusted with active warning devices.at it future date when warianted by increased traffic. The terttt "Paved Ptihlic Road Grassing" shall include the concrete cxossitig riiaterial, pavement, .grading; barricades, streek lighting, drainage facilities, signs, pavement itiarldrigs, active warning devices, and approaches as designated by DART. The pxoperty shall. beused by Licensee solely for the purpose of constrrictiari; reconsti'uetitiu; installation, use and. niainfenance of the Permitted Improvements. py Licensee: and. for use of the Per�nutted. Irrrproveinents by the public (the "Permitted Uses"), EXCJRPT HOWEVER; AND IT IS UNDERSTOOD T3.Y BOTH DART AND .LICENSEE THAT. TEJE GRANTING OFTEAS LICENSE SHALL NOT BE CONSTRUED IN ANY WAY TO CONSTITUTE A DEDICATION TO THE PUBLIC. Licensee's right to enter upon and use the Property shall be limited solely to (tie I'ennitied Uses and the Permitted Improveni6nts. 2. Consideration. The.cor>,sideration for the granting of this I,icerrse shall be: 2.01. The faithful perPormatrce 1}y Licensee, of a1I of the coyettaiits and agreements aontaitied iu1 this Licetise.to be performed by Licensee, and Anna Sweetwater Boulevard 1 of 7 Mile Past 3(}g:63 2 M The one-time payment of the sum of ONE THOUSAND NINE HUNDRED FIFTY AND. NO/1Q0 ($1;950,00) DOLLARS cash.iri hand paid by Licensee to DART, and 2.Q3: 1 Tic. payment for the entire cast of canstruoting and maintaining the public road, including ally drainage facilities caused to be required thereof, and 2.04. The reimbursement by. Licensee to the Railroad far all labor and materials necessary fcjr: tfie construction of the crossing surface within the limits of the ties and installation of the, active warning devices. witWn:thirty (3Q).days:upon presew.ntation of.invoice.6y the lailroad, And 2.05 Tlie future casts: associated with 'the maintenance or ieconstruatian of the Perrtiitted hiprovemeiits; iimd 2;t)5: The alasing of two existing highway -rail crossings of. the Sherman. Subdivision at. Firsk Street, DOT No. 765314K, Mile Post 307.80. and Anna School Road, DOT No: 765317F, Mile. Post 307307 within sii�ty (o©) days of the opening of Sweetwater Boulevard, within the. City of Anna. Closure by Licensee shall include payment .by. Licensee for. all costs associated with removal of 'the warning devices,. crossing :iiiaterial,. approaches; drainage facilities anM.d the restoration of the natural ditch line. Licensee shall ctaordiitate`.elosures fiuough %iceiisor: and Railroad, prior to: any vrork being performed at the twoexisting crossings; 3: Teen.: The term of this: license shall be perpetual :subject; hovrever; to termination by either party as: . provided nereiii. 4. Non Exclasive License. This iicerise is non-exclusive: oriel is subject to (a) any existing utility, drainage ar communication facility _located in, on, under, or upon the Property owned by DART, ar�y railroad, utilityi.or communication company, public or private; (b) to all vested rights presently owned by any railroad, utility or communication Company, public or private; for the use of the Property for facilities preswtly located within the boundaries -of the Property;. and (c) to any existing.lease, license or: other iMerest in the Property granted by DART to any individual, corporation or other entity, public or private: 54 Design, Construction, trlperaiian and Maintenance. DART's. use of the Property and adjoining property may include the usa. of electrically powered equipment, Notwithstanding DA.RT's. inclusion within its system. of measures designed. to reduce stray oarrent which may cause corrosion, Licensee. is ierehy �iai npd that saeli: measures may not prevent.eketricel current being presenit in Proximity to t-he Perautted mprovenionts and. that such presence could produce corrosive effects to the Permitted Improvements.- 5.01, All design, construction, reconstruction, replacemenf,_renaoval, operation and rr►ainte>ianae of the Permitted Improvements on �o Property shall be done in such a manner sous not to ihtarfere in any way with the operations of DART or with any railroad operations. 16 particular, cathodic protection or other. stray current corrosion control measures of: the Permitted. Improvements as required shall be made a part of the design and construction of the Permitted Improvements. 5.02, During the, design phase and prior to. commencing construction on the Property, a copy of the construction plans showing the exact location, type and depth of the construction, any cathodic protection measures and any working area, shall be submitted for written approval to DART and the Railroad (the "Railroad", whether one or more) when the -construction is.going to be within the area of Railroad operations. Such approval shall not be unreasonably withheld. No work shall commence until said plans have been approved by DART and Railroad. Arias Sweetwater aeulevar�l 2of7 Mite Past 30$.63 5.03.: By acceptancvi of this. License, Licensee agrees. to design, construct; reconstruct and maintain -the. Permitted Improvements in such a, tuauner so: as not to create a hazard to, the. use of the Property, and further agrees to pay any*.damages:which may arise by reason of Licensee's use of the Property under this License. SA4. By acceptance of.tlils License; Licensee agrees to institute aria maintain a reasonable testing program to: determine whether or not additional cathodic protection of its• Permitted Improvements is: nccessa 7 44. if it..xs.or should bcootrie necessary; such proteciiori shall: be itiimediately-instituted. by Iiw censee at its sole cost and expense. 5.05: Bpi acceptance of.tliis License, _licensee covenants and agreed to contract and enter into a chat folm6ut dine e agreement with the. Railroad if required by. the Railroad to.further specify haw cost reinbur setaenO mill take place. Such reimbursements shall include the original.construction of all active wd warning devices and crossing surface within the limits of the ties. �:4t...1+.iCepSBe 4�1° its eautractox �hAII remaYB alI tt t►nd Other YO$etatlon Withixt the railroad itght of way for a distance of 300 feet Mi all four quadrants of the right of way. 5.Q'l.: Licensee Shall be responsible: for maintenance and .liable for damage for any and all additional drainage .created by Licensee's project distributed onto and within DART's right of way from the paint ofentry to the exit point of DART'S property. 5;08: Licensee shall provide traffic control during construction or maintenance opetations to accomftiodate work by Railroad; S.i)9: Absence. of markers: does not constitute a _ warranty by DART that there are na. subsurface Anitananons on the Property; S.tO,: if at any time. .traffe.volume or other .circumstances should. warrant a grade separation for the crossing licensed hereunder, Licensee shall be responsible for the installation of such grade separation to'DART'S Ast0hdards., at no cost to DART. 6. Governmental Approvals. Licensee, at its sale cost and expense, shall be responsible for and shall obtain, any Arid all lircnSe$, permits,.`or citlter approvals from any and fill govcrtitnentai agencies, federal, state.or local, required to carryon any.aetivity permitted herein. 7.. IaART's Standard Contract and IinsurRpce. No work on the Property shall be cotnmeticed by Licensee qr any contractor far Licensee. until such Licensee or cozitraotor shall. have .executed. DART's Standard Contractors Agreement covering such.. work, and has furnished insurance coverage in such amounts and.types:as shall be satisfactory to DART:. 8. Duty of Care in Construction. Licensee or its contractor shall. use reasonable care during the cozistructari peiod and thereaher, to. avoid damaging any existing buildings, equipment oriel vegetation . . on or about the Property and any adjacent property owned by or undef the control of DART,. If the failure to use, reasonable care by the Licensee or its contractor causes damage. to .the .P'roperty or such. adjacent property, the Licensee and/or its contractor shalt immediately make appropriate replacement or repair the damage : at -no cost or expense to DART.- If Licensee or its contractor fails or refuses to snake such. replacement, DART shall have the right, but not the obligation, to make or. effect any such repair or replacement at the sole cost- and expense of Licensee, which cost and expense Licensee agrees to pay to DART upon demand: Anna Stiveetwat� uou[evArd 3 of 7 Mile Post 3d8.63 9. Environmental Protection. 9.41.: Licensee; shall not use or pernut .tlie use of tire. Property far any purpose that nay be in violation+ of any local, state, or federal laws pertaining to health or the environment; including but not: limited'to, .the.Comprehensive &Environmental Response; Compensation and.LiabilityAct (" CERCLA"), the Resource Conservation and Recovery Aot. ("RCRA")i the wClm Water Act ('CWX') and the& Clean flair Act ("CAA»)_ 9,t}2. Licetis� v�rairatits that: rile Perini#ed Y,Tse pf the Property will not result iti the disposal or other release of OhV hazardous, substanneq or solid waste. on or to the Property, slid that it Will. tape all steps. necessary to insure that no: such hazardous substance: or solid waste will. ever be discharged .onto the Property by Licensee or its.Contrraetors. 9.0�: The farms "hazardous: substance" and "xelease" .shall have the meanings specified in.. CCiaA and the terms "solid .waste" and "disposal!' for "disposed") shall have tine meanings specified in the ItCRA; . l?ROVIDED, HOWEVER,,. that in the event "either CPR LA or RCRA is ameztded so as- to broaden the meaning of any:ternii deftried thereby; Stich iiroader memng shall apply_ subsequent to :thc eafective date of such amendment; and PROVIDED FURTHER, .that to the extent that the. laws of. the State of Texas establish a meaning for "hazardous substance" , "release "solid waste". -or ''disposal"; which is broader than that specified in. either CERCI A or RCRA,. shah broader ineaiying shall apply. �.04: Licensee Shari indemnify and hold DART and Railroad harmless against all cost of environtriental. eleau .up to the Property ri suing from Licensee's :use of th@ Property under than. License. 10. Mechanic`s Liens Not PertnittetI.. Liaezisee shall fully pay far alI labor and triaterials used in, ori; or about the Pr©petty and will riot permit as t uffer any ineoharuc's or inaterlalinen's lions of any nature be affixed against the Property by reason of any, work done or materials furnished to, the Propertto y. at Licensee's instano or request: 11. Maintenance .af Compfeteit. Improvements, After: the Permitted Improvements have been canstructed;.,theyShall be thaintalned by the Licensee in_such a manner as to keop the Property in a good. acid safe wnditipii with respect to Lirensee's.use; In the event the.Lideiisee fails to maintain the Property as required; upon discovery, DART sh9l,no66 Licensee of such occurrence in writing. In the., event Jcetisee shall not have remedied the failure within ten (10) days from the date of such notice, DART shall have the right; but not the obligation to remedy such failure. at the solo -cost and expefise of Licensee, In the eventDART exercises its right. to remedy Licensee's failure, Licensee agrees to. immediately pay to DART wall oasts ztiduited by DART upon demand. w. 12. mature Use by DART. 12.01. This license is made expressly subject and subordinate to the right of DART to rase the Property far any purpose whatsoever. 12.02. In.the event that, DART shall, at any time subsequent to the date of this License, at its sole discretion, determine that the relocation. of tlxe Permitted hrtpravements shall be necessary or convenient far DAB.T's, use of the Property, or that the crossing must. be modified, including but not limited to the installation of grade crossing signals, Licensee shall, at its sole cost and expense make such modifications or relocate said Permitted Improveinonts so as not to interfere with DART's or DART's assigns'use of the ANIa Sweetwater Boulevard d of 9 Mile Post 308.63 i Property: In this regard, KART may, 'but is not obligated to, designate otherproperty for the relocation of the Permitted iiriprovemeitts: A nainitnittri.af thirty (30} days written notice fur the exercise of one o more of the above,actions shall be given by.DART, and licensee shall promptly Gotnmence to _make the requir4changes and complete them as quicldy as possible; 1,3� Duration o€License:.. Th%s license. shall terms_ hate and tie of noCirther farce anti. effect (a) the: event:Licensee shall discontinue or abandon the: use, the.+Permitted improvements;. (b) in the event Licensee: shall relocate the Permitted Improvements from the Property; (e) uport termInatioti hi accordance with paragraph 18 of this Licenso, wliiChever event _first occurs; PROVIDED. HO)"VER, that arty indetnnifications.provided for hereiin shall survive such termination, i4: Cantpiarics With Lafvs and Regulations, Licensee.agrees to at�ide liy and Ire governed 6y all laws, ordinances and regulations of any and all governmenitaI entities having jurisdiction over the Licensee wand by railroad regulatltinsi policies and operating procedures' established by the Railroad, 'or other applicable railroad_ regulating holies; grid Licensee agrees to indemnify and hold IIART Harmless: from ar►y .failure to so abide and..all actions resulting therefrom: licensee aeknowledges federal railroad regulatory, agency's requirements for whistles at at grade public and )#Vase. road erossf ngs. 1S. Yndemniticaiion. 15.01: Licensee shall defend, protect and steep DART aud.Itailroad forever harmless :and iudemnified against and t"rom any penalty, or damage; or, charge,, imposed. for any. violation_ of any larw, ordinance, rule or: regulation arising . out of the use of the Property. by. Licensee, whether oecasioued by the neglect of Licensee; its employees, officers, agents; contractors or assigns, or those >lolding under Licensee; iS.�2, Licensee shall at all sluice protec#i inidentnify and it is the intention of the parties hereto that Licunsce. hold DART .and Railroad harmless. against and from any and all loss, cock, damage or expense, including. attorneys fees; and including claims. of negligence, arising.out of, or: from any accident or other occurrence on+or about the Property causing personal iniury, death, or property damage; except Whin. caused b the: ryiltfll neiSe uduct or negligence of DART or Railroad, their officers, employees or agents, and then only to .the extent of the proportion of any fault determined against DART for its willful misconduct or negligence; 15.03. Licensee shall at alltables protect, indemnify and .hold DART and Railroad harnnles4 against and from any and all lass, cost; damage or eicpeiase, including atMrriey's fees, arising out of or from any And all claim$ or causes of action Yesulting front any failure of Licensee, its officers; employees, agents, contractors nr assigns xa._ any reapeciE. to comply with and perfarni all the requirements and provisions hereof. ld.. Termiiaaiioo ofLicense. .A;t such time as this license may be terminated or cancelled for any reason whatever, licensee, upon request by TART, shall remove nit improvements and appurtenances owned by it, situated in; uxider or. attached to the Property and shall restore the Property to the condition existing at the date of execution of this Licerise, at Licensee's sole expense. I7. Assignment.. Licensee shall not assign or transfer its rights under this License in whole or in pare, or permit any other person or entity to use the Liceiz+se hereby granted without the prior written conser4t of )ART which DART is under no obligation to grant. Anna Sweetwater Boulevard S of % Mite Past 308.53 18.E 11+Ietliods of Termiivation. This. License may be terminated in anyof the following rvvvays: 18; I .i. Wititten Agreetneiat:of liotli parties; 18,02. >ay either party giving the other patty thirty (30) days written notice, ar IB.t)3, Hy eithex party, upon failure of the othex party fo perform 'its obligations as set.farth iri this: License: 19: Miscellhne9us. 19.01. Npiice; When notice is permitted pr required by this License, it shall be 3n writing and shall be deemed delivered where delivered iti person o when placid; postage prepaid; in the US, Vail, Certified, Adurn Receipt Requested, and addressed to the parties. at the. following addresses: LIC1�1�iSOR; Dallas Area. Rapid Txansit P. Q. Box 660163 Dr 1401: Pacific Avenue. Pallas) Texas 75266"7210 Dallas, Texas 752024210 Attu: Railroad lblanagement LICENSEE: City of Anna P,Q. Box 776 Or 1011?owell parkway AnnE Texas 75409-0776 Anna, Texas 75409 Littler party znay from time to tune designate another and different address for receipt of notice by giving notice of such change'of address. 19.02. Governin Law__ .: This License shall -be construed under and in accordance with. the laws of the State of Texas, 19.Q3., entirety 6,�,d Atnendrnent§. This: License etnbpdies the entire agreetzient betweeri the patties and s►rpersedes: ail pxipr agreetrignts and :understandings, if any, relating to the Property and the matters addressed herein, and may be amended or supplemented only by .a written instrument executed by P.ttie part y against whom enforcement is sought: i9.04. Parties Bound: This License shall be binding upon and inure to the benefit of the executing parties aitd their respective heirs, perspnal representatives, successofs and assigns. 19.05: Number and tilerider; Wards of any gender used in .this License shall be held and canstnted to include any other gender; 'and words izt the singular shall include the plural and vice versa, unless the text clearly requires otherwise. 19,06. Authorization. The City shall furnish to DART a certified copy of minutes adopted by the' governing body of the City of Anna, 'Texas, authorizing theexecution of this License on behalf of the City, or other proof sufficient to establish the authority to execute this License: Anna Swcetwnter Boulevard 6 of 7 IVlile Post 30$.63 f 1N WITNESS WHEREOF,. the Parties lave executed. this License in multi - 16riginals this t � dad of 2005: LICENSOR.: DALLAS AREA RAM.TRAISIT. LICENSEE: Anna Sweetwater Boulevard KATHRYN D. WATERS Vice President Commuter Rail &-R:ailroad Management CITY QF .l�`�IAtA Printed I�Tame title: 7 oi' 7 i'I «, 01 n Mile Post 348,63 'l[QH B kC4Cr4f n `t[ON Q tdL 71 BYHf 0I IF !, all P III f4 c i 1 l GCt u'i'liffl �l•�rlGIQBXi'i '� Lififfift•0(YiiF?f U a q CA O a ggxay E ���tt �yyiR 9 g, 4 K L LL � 1 � rp$p 7[0x S !!;A, y+y i$it ill "'i �Cvansa -uax a ry 8 8 b I �cl14'i'R #�i�=Ff� ]1lYIi1 t�\ i\il\r r_+r i i t:JINS 6 i 0 r CITY OF ANNA, TEXAS Council Meeting: Account Code #:_ Budgeted Amount, February 28I 2012 AGENDA SUBJECT: Item No. 12 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Clark McCov Exhibits: �t Yes ❑ No 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 380th District Court of Collin County, Texas. SUMMARY: The above -referenced case is on the agenda for closed -session discussion. RECOMMENDED ACTION: Adopt above -referenced resolution. RA Council Meeting: February 28I 2012 Account Code #: N/A Budgeted Amount: N/A Item No.13 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 2-23-12 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); William Austin Gant and Paul Eugene Gant v. City of Anna, Cause No. 380-02370-2011 in the 380th 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 7th Street. 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: Council Meeting: February 2812012 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: 2-23�12 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda for February 28, 2012 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. SUMMARY: RECOMMENDATION: Council Meeting: February 28, 2012 Account Code #: N/A Budgeted Amount: N/A AGENDA SUBJECT: Adjourn. SUMMARY: Item No. 15 City Secretary's use only City of Anna City Council Agenda all Report Staff Contact: Philip Sanders Date Prepared: 2-23-12 Exhibits: ❑Yes ❑ No RECOMMENDATION: Staff recommends a motion to adjourn. Level 5 Design Group 2016 Royal Crest Dr., Mansfield„ Texas 76063 1/3/2012 Budget Costs Summary for Commercial Constuction Project : City of Anna EDC Lease Building Address: 1201 North Powell Parkway Line Item AIA Division Description Date: 28-Jan-12 Total Square Footage: 3048 Cost per Budget Square Amount Foot Nn+ae• Division 0'1 General Requirements $0 0 1 013000 General Conditions $93724 $3.19 2 014000 Profit and Overhead $9,177 $3.01 3 015000 Temporary Facilities and Controls $0 $0.00 4 018000 Performance Requirements and Insurance $5,810 $1.91 5 019000 Design and Engineering Fees $13,400 $4A0 Division 02 Existing Conditions $0 $0.00 6 022100 Property Surveys and Staking $0 $0.00 7 022400 Environmental Assessments $0 $0.00 8 022500 Material Assessments $250 $0.08 9 023200 Geotechnical Investigations $0 $0.00 10 024100 Demolition $8,036 $2.64 11 024200 Material Removal and Salvage $0 $0.00 12 028200 Asbestos Remediation $0 13 028500 Mold Remediation $0 Division 03 Concrete $0 14 033000 CasMn-Place Concrete $8,837 $2.90 15 034000 Precast Concrete $0 Division 04 Mason $0 16 040100 Masonry Maintenance $0 17 042000 Unit Mason $267250 $8.61 18 044000 Stone Mason $0 $0.00 Division 05 Metals $0 19 050100 Maintenance of Metals $0 20 051000 Structural Steel Framing $0 $0.00 21 054000 Cold Formed Metal Framing $0 $0.00 22 055000 Metal Fabrications $0 23 057000 Decorative Metals $0 $0.00 Division 06 Wood Plastics and Componnents $0 24 061100 Wood Framing Labor $8,000 $2.62 25 061500 Wood Materials $5,300 $1.74 26 061600 Sheathing $0 27 062200 Millwork and Wood Trim $61450 28 064100 Wood Casework $0 $0.00 29 $0 Division 07 Thermal and Moisture Protection $0 30 071000 Dampproofing and Waterproofing $0 $0.00 31 072000 Thermal Protection $4,880 32 072500 Weather Barriers $0 33 073000 Steep Slope Roofing $0 34 074000 Roofinq and Siding Panels $0 $0.00 35 075000 Membrane Roofing $7,250 $2.38 36 076000 Flasing and Sheet Metal $0 $0.00 37 078000 Fire and Smoke Protection $0 38 079000 Expansion and Contraction Protection $0 Division 08 Openings $0 39 081000 Doors and Frames $3,210 $1.05 40 083000 Specialty Doors and Frames $0 41 084000 Entrances, Storefronts and Curtain Walls $10,812 $3.55 42 085000 Windows $0 $0.00 43 087000 Hardware $0 44 088000 Glazing $0 45 089000 Louvers and Vents $0 Division 09 Finishes $0 46 092000 Gypsum Board Assemblies $3 ,870 $1.27 47 093000 Tiling $0 $0.00 included in #49 The Included Budget Numbers are Estimated Values as of date listed above and are Subject to Change Page 1 of 3 Level 5 Design Group 2016 Royal Crest Dr., Mansfield„ Texas 76063 1/3/2012 48 095000 Ceilings $0.00 49 096000 Flooring $10,115 $3.32 50 097000 Wall Finishes $0 51 099000 Painting $12,443 $4.08 Division 10 Specialties $0 52 101000 Visual Display Surfaces $0 53 101400 Signage $0 $0.00 54 102800 Toilet, Bath and Laundry Specialties $1,356 $0.44 55 104400 Fire Protection Specialties $0 $0.00 56 105000 Lockers and Storage Assemblies $0 $0.00 57 107500 Exterior Flagpoles $0 $0.00 Division 11 Equipment $0 58 111000 Vehicle and Pedestrian Equipment $0 59 111500 Detention Equipment $0 60 112300 Commercial Laundry Equipment $0 61 112400 Maintenance Equipment $0 62 112800 Office`Equi ment $0.00 63 114000 Food Service Equipment $0.00 64 115200 Audio/ Visual Equipment $0.00 Division 12 Furnishings 65 . " . , ` 122100 ` "'° Window Treatments $0.00 66 123600 Countertops 67 . 124800 Ru 's an'd Mats + $0.00 68 125000 Furniture 4 $0.00 169 J 112MO Site Furnishings IL $0.00 Division 13 Special Construction 70 Division 14 Conveying Equipment 71 142000 Elevators 72 143000 Escalators 73 144000 Lifts 74 149200 Pneumatic Tube Systems Division 21 Fire Suppression 75 211200 Fire Suppression Standpipes 76 211300 Fire Suppression Sprinkler Systems $0.00 77 212000 Fire Extinguishing Systems 78 213000 Fire Pumps Division 22 Plumbing 79 221000 Plumbing Piping $15,800 $5.18 80 223000 Plumbing Equipment 81 224000 Plumbing Fixtures $0.00 included in #79 Division 23 HVAC 82 233000 HVAC Air Distribution Systems $17,700 $5.81 83 239000 Geothermal Heating and Cooling System Division 26 Integrated Automation 84 255000 Integrated Automation Facility Controls Division 26 Electrical 85 262000 Electrical Distribution $6,450 $2.12 86 263200 Packaged Generator Assemblies 87 265100 Interior Lighting $0.00 included in #85 88 265600 Exterior Lighting $0.00 included in #85 Division 27 Communications 89 271000 Structured Cabling $2,000 90 272000 Data Communications $0.00 91 273000 Voice Communications 92 274000 Audio/ Video Communications Division 28 Electronic Safety 93 281000 Electronic Access and Intrusion Detection 94 282000 Electronic Surveillance 95 283100 Fire Detection and Alarm $0.00 Division 31 lEarthwork 96 311000 Site Clearingand Grading $0.00 97 316000 Concrete Piles Division 32 Exterior Improvements The Included Budget Numbers are Estimated Values as of date listed above and are Subject to Change Page 2 of 3 Level 5 Design Group 2016 Royal Crest Dr., Mansfield„ Texas 76063 1/3/2012 98 1 321216 Asphaltic Pavement 99 1321313 Concrete Pavement $0.00 100 321713 Parking Bumpers $0.00 101 321723 Pavement Markings $750 $0.25 102 323100 Fences and Gates 103 323200 Retainning Walls 1 $3,000 104 328000 Irrigation $0.00 included in #105 105 329000 Planting $5,0001 1 $1.64 112 SUBTOTAL (Hard Costs) $205,870 $67.54 113 Furniture, Fixtures and Equi meet $0 ' $0.00 The Included Budget Numbers are Estimated Values as of date listed above and are Subject to Change Page 3 of 3