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HomeMy WebLinkAboutCCpkt2012-06-26CITY COUNCIL MEETING SIGN IN SHEET DATE: � Z 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 !S�7�.�\�: el me to the city council meeting.. Your presence and pCartici &Latfan are appreciated. You May mako your opinf`.on known. an are issue andlor register to - speak to the Mayor and GHLY Council. Please ti this form In at fine staff fabfelt0 he forwarded to the Mayor. PCease step to the podgum as score as �u are re€ nixed b the Mayer and state your name aitd address before beg rfr€ n your izresentateon, If you have -ri r€ riofes or tither �tateriaE u wisl� to present the lvlayor and Gouncff F, please furnish are extra copy for the official files_ � I Addressv % 06 c;7OO City/ State I Z0: Atj,\JA lit Su��eot: ��ertfis: �� �a�lC if �eeessarY� t do not wish to address th-e Mayer and City Council., but do wish fo register ITT opinion. Welcome to the city Goundl meeting., Your presence and partfd atfori are appreefatedr You may make your opinion known on an issue andfor register to - speak to tie Mayor and Gity CouncH. Eerie It im this form 'In at the staff, tabfe, to be forwarded to the Mayor. Ptease step to the podfum as sQnrr as you are recognized by the Mayor and state your name aid address before beginning your presentation. If you have written notes or ether materrat you wish €o present to the Mayor and Gounc f please €urntsh are extra c9py for the official files. iarne. ZOA I (> ( r r, r Ur . City f State I Zip: rV) O Kegaraing Agenda item N. G. Councti. lt/ eeting Date: Subject: W 0 Uu 4�o C-& For against t�trnenfis_ ��sa �ao� �� nesessarY� �tt��sf� to addr��s tote �a�r and �t �c�r�n��[. (PLEASE LIMIT GOMMENTS TO 3 MINUTES) 0 1 do not wish- to address the Mayer and City Council, but do. Mstt fo register MY Vinton, r City of Anna, Texas Water and Wastewater Cost of Service Study June 26, 2012 Decision SuNtwil Systems Government Utility Rate Group 2201 Rockbrook Dr., # 1315 Lewisville, TX 75067 (214) 4884808 ^ Fax (972) 692-5397 bobgDmdandss com Table of Contents • Objectives Assumptions • Findings/Analysis • Recommendations 1 2 1 Assumptions • Growth - 200 meters in FY 2012I 100 meters in FY 2013, and then 50 meter per year after; • No additional staffing; • Average salary increases of 2% per year • Water purchase rate to increase annually, per NTMWD, May 2012; • Sewer treatment costs to increase significantly over the planning period; Debt Assumptions l3ur tei« tru: Pi.e. Fun1 ✓f0if. 2rM"d v.a 66Ntns 1+4e311 0.4t5tni3l feele3llll Oa9i5.rvxa aSo4s10, S<:1.s21, Serta3lY]C OtltSeM<e S2nii2af9 NSf HflV %nred eo5ro wsswge .rnoeclol usod .1ttr Refift as atttl idP+s�=1 alfantmz rak+o-as aDat rwDIC 2 wss RM W&SFi s 0 Sm NbtlkMw Dobt5erJ.to Dirn Satre Str(.tl4U Sr -In Setie+201t Spinet ba..nn 'stain Senet Elt] 52 Pxm P.al. 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Call to Order 2. Roll Call and Establishment of Quorum. 3. Presentation and discussion regarding a Utility Rate Study. (Clayton Fulton) 4. Discussion regarding proposed regulations for windmills. (Maurice Schwanke) 5. Briefing regarding Park Improvements. (Jessica Perkins) 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); acquisition of park property. 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). Anticipated litigation with Amazing Solar Solutions. 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. 06-26-12 CC Regular Meeting Agenda.doc 1 Posted 06-22-12 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. 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., June 22, 2012. i l��[�tGG �%G�CGQ4GL 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 conceniing 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. 06-26-12 CC Regular Meeting Agenda.doc 2 Posted 06-22-12 YiOUR} HOMETOW N CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING June 26, 2012 7:30 p.m. —Anna City Ilall Administration Building The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., June 26, 2012, at the Anna City Hall Administration Building, located at III North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Cozrncil Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you ivish 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 ar°e allowed 3 minutes to speak. The Cozrncil 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 ivas 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. 06-26-12 CC Regular Meeting Agenda.doc 3 Posted 06-22-12 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 June 123 2012 Regular Meeting. b. Review EDC Minutes for April 5, 2012 Regular Meeting. c. Review CDC Minutes for April 5, 2012 Regular Meeting. d. Approve a Resolution approving a Copyright License Agreement with the Payment Group, LLC D/B/A trafficpayment.com to use the City Logo. (Clayton Fulton) e. Approve a Resolution authorizing the City Manager to act on the City's behalf in executing a contract with the payment group LLC D/B/A TrafficPayment.com to provide online and pay -by -phone citation payment services. (Clayton Fulton) £ Approving a Resolution authorizing appointment of Assistant Emergency Coordinator. (City Manager) g. Approving "West Crossing Phase 11" Preliminary plat. (Maurice Schwanke) h. Approving the "Millenium Addition" plat. (Maurice Schwanke) i. Approve a Resolution regarding a Special Event Permit for a Fireworks Display and an agreement between the City and the Greater Anna Chamber of Commerce. (Maurice Schwanke) j. Approve a Resolution authorizing a Dispatch Agreement. (Chief Jenks) lc. Approve a Resolution to authorize submitting an Application to the Collin County Open Space Grant Program (near the Creekside Addition). (Maurice Schwanke) 1. Approve a Resolution to authorize submitting an Application to the Collin County Open Space Grant Program (near Pecan Grove Subdivision). (Maurice Schwanke) 6. Consider/Discuss/Action regarding a Resolution approving a Special Event Permit for "Glowfest" and an agreement between the City and the Greater Anna Chamber of Commerce. (Maurice Schwanke) 7. Consider/Discuss/Action regarding approving a Resolution authorizing acquisition of a drainage easement including negotiation with property owner and potential use of eminent domain to condemn easement along FM 455. (City Manager) 8. Consider/Discuss/Action regarding an Ordinance approving an Internet Website and Social Media Policy. (Jessica Perkins) 1. The Counci] 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. 06-26-12 CC Regular Meeting Agenda.doc 4 Posted 06-22-12 9. 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); acquisition of park property. 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). Anticipated litigation with Amazing Solar Solutions. The council fiu•ther 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. 10. Consider/Discuss/Action on any items listed on posted agenda for June 26, 2012 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 11. 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., June 22, 2012. Natha Wilkison, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 06-2642 CC Regular Meeting Agenda.doc 5 Posted 06-22-12 Council Meeting: June 26, 2012 Account Code #: N/A Item No. 3 WS City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Clayton Fulton Date Prepared: 06/21/12 Budgeted Amount: N/A Exhibits: Q Yes ❑ No AGENDA SUBJECT: Discussion regarding the Utility Rate Study SUMMARY: The City has been working with a consultant to review our utility rates. Working in concert with staff, the consultant has performed an analysis of our existing utility rates with regard to a number of variables including projected growth, debt service, capital projects and the annual budget. Bob McLain, from McLain Decision Support Systems, will be here to present his findings and discuss future utility rates and the impact those rates will have upon future budgets. Mr. McLain performed the last utility rate study and presented the results of that study to the City Council in September 2008. For your reference, the presentation from Mr. McLain's 2008 report is attached. RECOMMENDED ACTION: None O O O t` L� 0 0 0 0 0 0 0 0 0 0 0 G� r) M O O O 000 O U sr U d O M M 00 t- G� M [, N 00 \ N M 00 00 O N O � � dN� lzM � wV'' r- oM0 <=Nni NM O A �o�0000000�o 0 0 0 0 0 0 0 0 0 0 0 \ M d d 00 et d• V N N N Ln Z M Vr V N M 0 0 0 N U s.i U t- M T V d' M MV-4 N�r-4 En �i N M yr cal ed-{ �F O O A O Ln [, N N O v O N as v t: Ln 00 d• Ln N N C'N 00�M 00 O O � OMMd dMM 4M\D O 1Y 0 0 0 0 0 0 0 0 0 0 0 \ O O O O O O O O O O M y � 'Z cO " z M N N ON �"r-I u U _ 0 0 (li U Ln M ' O M OM0 � G� ii ;-4 l Z N M Ln M c� c� Ln O o A U I:- O Ln in O G\ M V' O \0 O M It 00 N in d• in It Ln d' Ln Icd" Ch m \0 00 a\ O O �M-1 �• d dM dM dM A r-1 00 G1 O �"a (� e �f d Ln 'D [- 00 O O t--I r-i r-1 "q N N N N N N N N N W , 0 0 0 0 0 0 0 0 0 0 0 bA \ V ct VR R 00 o0 z� 00At�\.O►nOOo� U is U P� \ 0D O G1 01 'V Lq z dL�ot N I N M cV fV O O AI IQ�F IT N oo ry Vr G1 N d- ON, t� Vr M 0o 00 d e" N r-4 At In C+, tin � N �' 1 M M M d' ��-in ►n�n M M O A 40- 0 �ooa000000�o 0 0 0 0 0 0 0 0 0 0 �i At av cry �,n a G, [— r. r. N a � aJ � � V'\i N G1 0�0 O O V M NM N 00 oD Ai: 1— rt In Al, N V At h� U 0 r-4 A N 60- O N O G1 I", 00 ►n It 00 V'' 00 0o ( 1 V^ I` ri In t— cl, V Iti-i V 11 cT 00 "t Ln to Ln Un V' 00 t` (V en\, (V 00 00 d= G, G, G1 L, O O N N N N N In In In M In A 0 0 0 0 0 0 0 0 0 0 0 0 00 \ O O O O O O O O O O M z O Vr V' M (� (� At O O O U s.+ U "Cf O Pa .s," U o� At - a\ enn, 00 �U } z� N At Ln� � O U •� O t� � N V oo ►n N G� N l� N l� N [� N C` Q A Cif d' N M N M M Atv M M M �' � M C1i c� At S At 00 o0 At 00 00 d- 00 00 rh M 00 d� cu 0 N 0 N 0 N 0 N O N O N O N O N O N O N O N W Council Meeting: June 26 2012 Account Code #: Item No.4 W S City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanke Date Prepared: 6-21-12 Budgeted Amount: N/A Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Discussion regarding proposed regulations for windmills. (Maurice Schwanke) SUMMARY: RECOMMENDATION: CITY OF ANNA, TEXAS Council Meeting: June 26, 2012 Item No. 5 WS City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Jessica Perkins Account Code #: n/a Budgeted Amount: n/a Exhibits: X. Yes No WORKSHOP AGENDA SUBJECT: Briefing regarding Park Improvements. (Jessica Perkins) SUMMARY: The CDC board voted to use the $50,000 park improvement budget for this fiscal year to purchase a large canopy for the playground for Slayter Creek Park as well as for irrigation at Geer and Bryant Park. There may be a few thousand dollars remaining in the line item that can go toward picnic tables or other park amenities. STAFF RECOMMENDATION: Staff recommends you approve the resolution. ft th5 i �t►35'i. i Council Meeting: June 26, 2012 Account Code #: N/A Budgeted Amount: AGENDA SUBJECT: SUMMARY: RECOMMENDATION: N/A Call to order. Item No. I City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 6-21�12 Exhibits: ❑Yes ❑ No Council Meeting: June 26, 2012 Account Code #: N/A Budgeted AGENDA SUBJECT: SUMMARY: RECOMMENDATION: N/A Item No. 2 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 6-21�12 Exhibits: ❑Yes ❑ No Invocation and Pledge of Allegiance. HOMETOWN Council Meeting: June 26, 2012 Account Code #: N/A Budgeted Amoun AGENDA SUBJECT N/A Item No. 3 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 6-21-12 Exhibits: ❑Yes ❑ No Citizen Comments. Citizens ar^e allola�ed 3 rninrrtes to speak. The Council is zrnable to respond to or during this section that are not on the agenda, factual information in response to a citizen' response to the inquiry. SUMMARY: RECOMMENDATION: discuss any issues that are br^ozrght zrp ^ other than to make statements of specific s inquiry or to recite existing policy in Council Meeting: June 26, 2012 Account Code #: N/A Budgeted Amount: N/A Item No. 4 City Secretary's use only City of Anna City Council Agenda an Report Staff Contact: Philip Sanders Date Prepared: 6-21-12 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 scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. SUMMARY: RECOMMENDATION: Council Meeting: June 26, 2012 Account Code #: N/A Budgeted Amount: N/A Item No.S a4 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 6-21-12 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consent Items. These items consist of non -controversial or "housekeeping" items required by laiv. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Minutes for June 12, 2012 Regular Meeting. b. Review EDC Minutes for April 5, 2012 Regular Meeting. c. Review CDC Minutes for April 5, 2012 Regular Meeting. d. Approve a Resolution approving a copyright License Agreement with the Payment Group, LLC D/B/A Trafftcpayment.com to use the City Logo. (Clayton Fulton) e. Approve a Resolution authorizing the City Manager to act on the City's behalf in executing a contract with the Payment Group, LLC D/B/A trafficpayment.com to provide online and pay -by -phone citation payment services. (Clayton Fulton) f. Approving a Resolution authorizing appointment of Assistant Emergency Coordinator. (City Manager) g. Approving "West Crossing Phase II" Preliminary plat. (Maurice Schwanke) h. Approving the "Millenium Addition" plat. (Maurice Schwanke) i. Approve a Resolution regarding a Special Event Permit for a Fireworks Display and an agreement between the City and the Greater Anna Chamber of Commerce. (Maurice Schwanke) j. Approve a Resolution authorizing a Dispatch Agreement. (Chief Jenks) k. Approve a Resolution to authorize submitting an Application to the Collin County Open Space Grant Program (near the Creekside Addition). (Maurice Schwanke) 1. Approve a Resolution to authorize submitting an Application to the Collin County Open Space Grant Program (near Pecan Grove Subdivision). (Maurice Schwanke) RECOMMENDATION: Staff recommends approval of the consent items. MINUTES OF CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP June 12, 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., June 12, 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 Pro Tem John Geren called the meeting to order at 6:30 pm. 2. Roll Call and Establishment of Quorum. Mayor Pro Tem John Geren and Council Members James T. Cook, John Hopewell, Nathan Bryan and Becky Glover were present. Mayor Mike Grist and Council Member Kevin Anderson were absent. 3. Briefing/Discussion regarding long-term debt management strategy. (Clayton Fulton) Clayton Fulton, Director of Finance presented the item to council and introduced the city's financial adviso>s James Sabonis and Andre Ayala with FirstSouthwest. Mr. Sabonis and Mr. Ayala reviewed the City's long- term debt management strategy and answered questions from council and staff. 4. Discussion regarding proposed regulations for windmills. (Maurice Schwanlce) Maurice Schwanlce, Director of Planning and Development presented his findings regarding other cities regulations for windmills and answered questions from council members. Tim Stewart a representative from Bloomfield Homes brought up issues such as property values, ascetics and safety of windmills. Council did not go into executive session at this time. 5. 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); property on FM 455; property on Powell Parkway. 06-12-12 CC Regular Meeting Minutes.doc 1 06-12-12 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 potential Anna/Weston boundary agreement; potential nuisance issues on or near Butler 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. 6. Adjourn. Council Member Glover made the motion to adjourn at 7:27 pm. Council Member Hopewell seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 ATTEST: APPROVED: Natha Wilkison, City Secretary John Geren, Mayor Pro Tem 06-12-12 CC Regular Meeting Minutes.doc 2 06-12-12 MINUTES OF CITY OF ANNA AGENDA NOTICE — CITY COUNCIL REGULAR MEETING June 12, 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., June 12, 20125 at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Coarncil 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. Mayor Pro Tem John Geren called the meeting to order at 7:30 pm. 2. Invocation and Pledge of Allegiance. Mayor Pro Tem John Geren 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. None 06-12-12 CC Regular Meeting Minutes.doc 3 06-12-12 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 May 21 2012 Special Meeting. b. Approve City Council Minutes for May 22, 2012 Regular Meeting. c. Approve City Council Minutes for May 29, 2012 Special/Budget Meeting. d. Approve a Resolution authorizing a jail services agreement. (Chief Jenks) e. Approve a Resolution authorizing the filing of a project application with the North Central Texas Council of Governments for a regional solid waste grant. (Jessica Perkins) Council Member Glover made the motion to approve. Council Member Hopewell seconded the motion. Motion passes. AYE 5 6. (a) Public Hearing: To consider public comment regarding an ordinance amending the City's comprehensive plan, zoning map and zoning ordinance and changing the zoning of certain property. The owner, Julian Smith, is requesting a zoning change to Planned Development (PD) zoning to provide for Downtown Redevelopment District. The property is currently zoned as Restricted Commercial (Cl) zoning and is located at 118 W Fourth (4th) Street. (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented the item to council and answered questions. Mayor Pro Tem Geren opened the public hearing at 7:38 pm. There was no public comment. Mayor Pro Tem Geren closed the public hearing at 7:43 pm. (b) Consider/Discuss/Action adopting an ordinance amending the City's Comprehensive Plan, Zoning Map and Zoning Ordinance and changing the zoning of certain property. The owner(s) is requesting a zoning change to Planned Development (PD) zoning to provide for Downtown Redevelopment District. The property is currently zoned as Restricted Commercial (Cl) zoning and is located at 118 W Fourth (4th) Street. (Maurice Schwanke) Council Member Glover made the motion to approve. Council Member Bryan seconded the motion. Motion passes. FAVIl NAY 0 06-12-12 CC Regular Meeting Minutes.doc 4 06-12-12 (c) Consider/Discuss/Action regarding approving a site plan for "Smith Building". (Maurice Schwanke) Maurice Schwan ke presented the item to council and answered questions. Council Member Glover made the motion to approve. Council Member Bryan seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 7. Consider/Discuss/Action regarding a Resolution approving an amendment to the EDC FY 2012 Budget regarding the renovation at 312 Powell Plcwy. (Jessica Perkins) Jessica Perkins, Assistant to the City Manager presented the item to council and answered questions. Council Member Bryan made the motion to approve. Council Member Glover seconded the motion. Motion passes. AYE 4 NAY 1(CM Hopewell) ABSTAIN 0 8. Briefing/Discussion regarding funding for Slayter Creek Park. (Jessica Perkins) Jessica Perkins, Assistant to the City Manager presented the item to council and answered questions from council members. 9. Consider/Discuss/Action regarding a Resolution regarding the proposed Texas New Mexico Power substation and transmission line. (City City Manager, Philip Sanders presented the item to council and answered questions. Barry Bonds with the Texas Public Utility Commission was present and answered questions. Council Member Glover made the motion to approve. Council Member Bryan seconded the motion. Motion passes. FATI AYE 5 NAY 0 10. Consider/Discuss/Action regarding a Resolution recommending appointment of an emergency management coordinator. (City Manager) City Manager, Philip Sanders presented the item to council. Mayor Geren made the motion to approve. Council Member Cook seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 06-12-12 CC Regular Meeting Minutes.doc 5 06-12-12 11. Briefing/Discussion regarding the adoption of certain EMS fees. (Chief Roma) Chief Roma presented the item to council and answered questions. 12. Briefing/Discussion regarding a proposed gun range in the ETJ. (Chief Jenks) Chief Jenlcs presented the item to council and answered questions. Council members directed staff to contact Mr. Mathews about attending the next council meeting to answer questions regarding the proposed "Training Facility for Firearms." Council Member Glover made the motion to enter executive session at 8:45 pm. Council Member Cook seconded the motion. Motion passes. AYE 5 NAY 0 13. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 5519 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); property on FM 455; property on Powell Parkway. 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 potential Anna/Weston boundary agreement; potential nuisance issues on or near Butler 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. Council Member Cook made the motion to return to open session at 9:45 pm. Council Member Bryan seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 06-12-12 CC Regular Meeting Minutes.doc 6 06-12-12 14. Consider/Discuss/Action on any items listed on posted agenda for June 12, 2012 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. Council Member Glover made the motion to take no action. Council Member Hopewell seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 15. Adjourn. Council Member Glover made the motion to adjourn at 9:46 pm. Council Member Hopewell seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 ATTEST: APPROVED: Natha Wilkison, City Secretary John Geren, Mayor Pro Tem 06-12-12 CC Regular Meeting Mimrtes.doc 7 06-12-12 C?cVELC3('i:itill GO(dF'C3 ?:;i IO'l Thursday, April 5, 2012 The Economic Development Corporation ("EDC") of the City of Anna met at 5:53 p.m., Thursday, April 5 2012, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas, 1. Call to Order Constance Ann Stump, President of EDC, called the meeting to order and the following items were presented to the Board for its consideration. 2. Roll Call and Establishment of Quorum. Directors in attendance were: Sarah Jones, Sherilyn Godfrey, Connie Stump, Jason Focht and Gene Bowles (6:01 p.m.). Directors absent were: Duane Hayes and John Houcek. A quorum was declared present and the floor was open for business. Others in attendance were: Jessica Perkins, Chief Administrative Officer; and Clark McCoy, Attorney for CDC. 3. ConsiderlDiscuss/Action regarding passing a resolution to approve travel expenses for the ICSC Convention from May 20-23. A Motion was made by Sarah Jones to adopt the resolution authorizing representatives) from EDC to attend and make purchases for all necessary expenses related to attending the 2012 National ICSC conference in Las Vegas, Nevada, for the purpose of promoting economic development in the City of Anna. Jason Focht seconded motion. Motion carried. 4. Discussion about dates for strategic planning training. The Board agreed that it would be best for the strategic planning with Nancy Bartlett to be held either July 14 or July 21. Jessica Perkins will make the necessary arrangements and report back to the Board. 5. CLOSED SESSION (exceptions): a. Deliberation regarding the purchase, exchange, lease or value of real property. Gov't Code §551.072); Corportition may vote and/or act upon each of the items listed in this agenda, Z. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justifcd under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 04-05-2012 Regular EDC Minutes.doc 1 b. Consult with legal counsel on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); and, c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087) Land owners on FM 455 Not necessary. 6. Discussion about an Economic Development Agreement with Property Owners on FM-455. This item was skipped. 7. Consider/Discuss/Action regarding approval of the Special Meeting minutes from March 8, 2011 Gene Bowles made a motion to adopt the minutes with the correction of iaf to Special since the meeting was held on the second Thursday of the month. Sarah Jones seconded the motion. Motion carried. 8. Review of bills and fiscal year 2011-12 budget, There were no bills or budget to review. Jessica Perkins commented that the water deposit for the renovation of the post office was paid. The notice will be published in the newspaper regarding rezoning. [INTENTIONAL LEFT BLANK] 1. The Corporation may vote and/or act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 04-05-2012 Regular EDC Minutes.doc 2 9. Adjourn. Gene Bowles made a motion to adjoum that was seconded by Sherilyn Godfrey. Motion carried. The meeting was adjourned at 6*10 p.m. APPROVED: President of EDC ATT D: Sherilyn i Ofrey Secreta f EDC 1. The Corporation may vote andlor act upon each of the items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 04-05-2012 Regular EDC Minutes.doc 3 i •drt ci v tak,ii- lY ;,.f f!t�I!�ii•!'l 1'fr Xv Y7x14' r7 1 ? i:rr". :r �:! ii 1r�,v�+��l'r r?: • J 11,[1 a :Ct 1!� ,4;117 (:i9 c;t iJ �^%ii!14� �i11 ' : i .Ci ilii,:�r fiili+L�7•ii .___.�_...,._�_t;L._..`•-----"VOW; :IJ'r,.'L_i•i t1`i<�f :"arrz !s!,r:,J_r, : rir ni !;=:.; i`, r,;ri',;i �.rfi•! . r!�r•.1 nln.pt ,�;, ui:i::m :.Ii. • 77c;! 4tu'a:ncl;r:',.: , _r !:1)1 i',:'.4r '1:!! (tr7 J)•i t: 1' r •. ;! i!: �i4 t'ri:'Jri•.1; :!. .(ri"1' :'`r,i{�7:1%� •JtIJJt r ::.^t4 lrJ' �.. /•�i� rIL:7 ��1'.)(i �+: � ��.: 1 ..;:I r:! �: r..+ ..i ... ;;p, �:r:J��... r� t:.it. a •,i;t�. itr>�.:i';!,:.�,•>:.:�:+:!!",�::):�r,�:. r�, arn,.• .,riJ .... Sri!,to :):U!i<) U(!! J:!I!;i'r,') t+,rff;l:'iv V-:L'1 Ui;:' _';tU,.... :iG1t•; i N ,!1t;;4ii ..:.::ii; ..:!i , , . •`!1•`r7 :' 4u: a! . tr!1;7c(r! tu:!: 1,:. ;,r,ti) M :{rrJ +.,: •Ini':+:::n,,!; 1r{i,t;177) n`)1J %: ':L ; r' fat 7,ll:t•i•• . $W r MINUTES OF REGULAR MEETING OF THE COMMUNITY DEVELOPMENT CORPORATION Thursday, April 5, 2012 The Community Development Corporation ("CDC") of the City of Anna met at 5:04 p.m., Thursday, April 5, 2012, at the Anna City Hall Administration Building, 111 North Powell Parkway (Hwy. 5), Anna, Texas. 1. Call to Order Jason Focht, President, called the meeting to order and the following items were presented to the Board for its consideration after roll call and the establishment of a quorum. 2. Roll Call and Establishment of Quorum. Directors in attendance were: Sarah Jones, Sherilyn Godfrey, Connie Stump and Jason Focht. Directors absent were: Gene Bowles, Duane Hayes and John Houcek. A quorum was declared present and the floor was open for business. Others in attendance were: Jessica Perkins, Chief Administrative Officer; and Clark McCoy, Attorney for CDC. 3. Invocation and Pledge Connie Stump led the group in prayer and in the Pledge of Allegiance. 4. Discussion about adding a second canopy at Slayter Creek Park. CDC has budgeted funds for park equipment and capital improvements. Presently, a small canopy partially covers the playground area that renders it difficult to use during the hot Texas summers. Therefore, a large canopy needs to be purchased to cover the entire area. The cost will be approx. $25,000. Without a formal vote, the board unanimously agreed that a canopy needed to be purchased and installed. Additionally, the City was awarded a matching grant from the Texas Parks and Wildlife Department for Slayter Creek Park. As long as the funds are matched, the City will receive the funds. Jessica Perkins is already working on securing financing for the matching funds. Maurice Schwanke, the City Planner, will play a role in what amenities will be added to the park. Capital improvements include l .The Corporation may vote and/or act upon each ol'thc items listed in this agenda. 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Qpen Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 04-05-2012 Regular CDC Minutes.doc 1 an extension of walkways, a splash pad and a golf "freebie" course. There are also irrigation issues that need to be resolved 5. HOLD CLOSED: (exceptions): a. Deliberation regarding the purchase, exchange, lease or value of real property. (Tex. Gov't Code §551.072); b. Consult with legal counsel on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); and, c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the Board of Directors has received from a business prospect that the Board of Directors seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the Board is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incen#ive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087) Land owners on FM 455. The foregoing was read into the record. Connie Stump seconded a motion made by Sherilyn Godfrey to move to Closed Session. The Board entered Closed Session at 5*14 p.m. After the business at hand was discussed, a Motion was made by Connie Stump to move to Open Session. Sarah Jones seconded the motion. Motion carried; and at 5:46 p.m., the Closed Session was adjourned. 6. Discussion about an Economic Development Agreement with Property Owners on FM-455. Members of CDC agreed that in the interest of goodwill that the CDC enter into an Economic Development Agreement with the property owners on FM-455, to assist with the cost of median breaks. All monies would be recouped. During the discussion, the Board directed Clark McCoy, legal counsel for CDC, to draft a Economic Agreement with Property Owners on FM 455, within the governing statues of the Texas Govemment Code, and to report back to the Board. 7. Review of bills and fiscal year 201142 budget. There were no bills or budget to review. Jessica Perkins made the comment that there is already $50,000 in the budget to be used for Phase I! capital improvements in Slayter Creek Park. 8. ConsiderlDiscuss/Action regarding approving the regular meeting minutes from March 8, 2012. 1. The Corporation may vote and/or act upon each of the items listed in this agenda 2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 0405-2012 Regular CDC Minutes.doc 2 Connie Stump made a motion to adopt the minutes with the correction of Requiaf to Special since the meeting was held on the second Thursday of the month. Sarah Jones seconded the motion. Motion carried. 9. Adjourn. Sherilyn Godfrey made a motion to adjourn the meeting. Connie Stump seconded the motion. Motion carried and the meeting adjourned at 5:51 p.m. APPROVED: J4hwon Focht President of CDC SnerUyn C Secretary l.'I'he Corporation may vote andlor act upon catch of the items listed in this agenda. 2. '1'hc Corporation reserves the right to retire into executive session concerning any of the items Listed on this agenda, whenever it is considered neccssan and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made. 04-05-2012 Regular CDC Minutes.doc 3 i Council Meeting: June 26I 2012 Account Code #: N/A Item No. 5 (C City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Clayton Fulton Date Prepared: 06/21/12 Budgeted Amount: N/A Exhibits: Q Yes ❑ No AGENDA SUBJECT: Approve a Resolution regarding a Copyright Li Acense Agreement. SUMMARY: TrafficPayment.com and the City wish to allow the use of our logo on the TP website to identify the City on the TP webpage dedicated for payment of citations issued by the City. RECOMMENDED ACTION: Approve the attached resolution. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A COPYRIGHT LICENSE AGREEMENT WITH THE PAYMENT GROUP, LLC D/B/A TRAFFICPAYMENT.COM TO USE THE CITY LOGO WHEREAS, the City of Anna, Texas (the City) The Payment Group, LLC (Licensee) desire to enter in a Copyright License Agreement to use the City Logo; and WHEREAS, the City Council of the City of Anna, Texas finds that approval of the Agreement is in the best interests 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 and Authorization of Engagement The Council hereby approves the Agreement, attached hereto as Exhibit 1, incorporated herein for all purposes and authorizes the City Manager to execute same in its behalf. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 26h day of JUIy, 2012. ATTEST: Natha Wilkison, City Secretary Mike Crist, Mayor Res. PAGE 1 of 1 06-26-12 This License Agreement (this "Agreement") is executed on the day of 2012, between the City of Anna ("Licensor"), whose address is 111 N. Powell Parkway, Anna, Texas 75409, and The Payment Group, LLC d/b/a TRAFFICPAYMENT.COM ("Licensee"), whose address is 2805 North Dallas Parkway, Suite 230, Plano, Texas 75093. Licensor is the owner of the copyright in the works entitled y of Anna, Texas Logo" (referenced hereinafter as "the Works"), a color copy of the Works being attached hereto as Exhibit A and incorporated herein for all purposes. Licensee desires to obtain a license to use the Works and Licensor is willing to grant such a license on the terms set forth in this Agreement. For the mutual covenants contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: Section 1. License Grant. Under this Agreement, Licensor grants to Licensee, and only to Licensee, the nonexclusive right to use the Works in the United States for the term set forth in this Agreement. Licensor retains the right to use the Works according to its normal use of same or any use at its discretion. The license granted in this Agreement gives Licensee the right to electronically publish images of the Works and to use and distribute copies of the Works to certain persons according the conditions and limitations as provided for in this Agreement. Section 2. Term. This Agreement shall be for the same duration as the agreement between the parties dated June 26, 2012, titled "TrafficPayment.com Service Agreement" and referenced hereinafter as "TP Agreement." However, this Agreement may be terminated prior to the termination of the TP Agreement as provided for in this Agreement. Section 3. Representations and Warranties. Licensee holds itself out to Licensor as providing affordable and reliable online citation payment services to persons desiring such services and it is on the basis of Licensee's promise to provide such level of services to the general public (not to Licensor) that Licensor has been induced into granting the rights in this License Agreement. Should Licensee at any time in Licensor's sole determination fail to meet such standards in the provision of its services to the general public, Licensor may immediately terminate the License Grant by providing written notice to Licensee. Section 4. Conditions and Limitations. Licensee's use of the Works will be subject to receiving advanced written approval from Licensor as to the content of all marketing materials and any other materials that Licensee proposes for distribution or other use at any time that is related to or in any way associated with Licensor or the Works. The License Grant under this Agreement is further conditioned on Licensee offering and sufficiently providing the services set forth in the TP Agreement. Licensee may not use the Works for any purpose other than to market said services. By grant of the license under this Agreement, Licensor does not endorse Licensee or its products, services, coverage, or its company or any associated person, and provides no guarantees or assurances regarding any of same. THIS AGREEMENT IS NOT INTENDED TO INURE TO THE BENEFIT OF ANY THIRD PARTY AND IS SOLELY BETWEEN LICENSOR AND LICENSEE. Section 5. Consideration. The license granted to Licensee shall be without consideration or payment of any royalties, but is conditioned as set forth in this Agreement. Section 6. Termination. This Agreement may terminate by Licensor: (1) upon the expiration of 30 days after Licensor provides written notice to Licensee at any time prior to the end of the term or any extension thereto; or (2) immediately upon Licensor giving Licensee written notice of termination as described in Section 2 of this Agreement or when such termination is due to a material breach of the conditions of this License. Notice will be provided to the address for Licensee listed in this Agreement. Section 7. Copyright Notice. Licensee agrees that on all copies of the Works, Licensee will place or cause to be placed the appropriate copyright notice, e.g., ©; or Copr. 2009-12 City of Anna, Texas. Section 8. Miscellaneous. This Agreement may not be assigned by Licensee without the advance written consent of Licensor, which must be in the form of a written amendment or addendum to this Agreement. This Agreement will be governed by and construed in accordance with the laws of the State of Texas and exclusive jurisdiction, venue, and forum shall be in Collin County, Texas. LICENSEE AGREES TO FULLY DEFEND, INDEMNIFY AND HOLD HARMLESS LICENSOR FROM ANY CLAIM, PROCEEDING, CAUSE OF ACTION, JUDGMENT, PENALTY, OR ANY OTHER COST OR EXPENSE ARISING OR GROWING OUT OF, ASSOCIATED OR IN CONNECTION WITH LICENSEE'S MARKETING, ITS USE OF THE WORKS, OR ITS PROVISION OF ITS SERVICES, PROVIDED, HOWEVER, THAT LICENSEE SHALL NOT BE REQUIRED TO INDEMNIFY LICENSOR FOR ANY DAMAGES OR OTHER AMOUNTS Copyright License Agreement Page 1 of 2 INCURRED BY LICENSOR WHICH IS SOLEY CAUSED BY THE NEGLIGENCE, GROSS NEGLIGENCE OR INTENTIONAL CONDUCT OF THE LICENSOR, OR ITS EMPLOYEES, OFFICERS, REPRESENTATIVES OR AGENTS. LICENSEE'S DUTY TO INDEMNIFY AND HOLD HARMLESS INCLUDES, BUT IS NOT LIMITED TO, ATTORNEY FEES INCURRED BY LICENSOR IN DEFENDING ITSELF OR IN ENFORCING THIS AGREEMENT AND SAID DUTIES SURVIVE THE TERMINATION OF THIS AGREEMENT. BY ENTERING INTO THIS AGREEMENT, LICENSEE WAIVES ALL RIGHTS AND REMEDIES IN LAW OR IN EQUITY EXCEPTTO SEEK ENFORCEMENT OF SPECIFIC PERFORMANCE OF THE OBLIGATIONS UNDER THIS AGREEMENT, THE PARTIES UNDERSTAND AND AGREE THATTHE CONDITIONS THAT LICENSOR MUST MEET IN ORDER TO USE THE WORKS AS DESCRIBED UNDER THIS AGREEMENT ARE NOT GOODS OR SERVICES PROVIDED TO LICENSOR AS CONTEMPLATED UNDER TEXAS LOCAL GOVERNMENT CODE § 271.151, et. seq. THIS AGREEMENT IS NOT INTENDED TO AND DOES NOT WAIVE ANY OF LICENSOR'S GOVERNMENTAL IMMUNITIES, INCLUDING BUT NOT LIMITED TO IMMUNITY FROM SUIT AND LIABILITY, EXCEPTAS EXPRESSLY STATED HEREIN. LICENSEE: The Payment Group, LLC d/b/a TRAFFICPAYMENT.COM By: Mark Withrow, its duly authorized President and Director Copyright License Agreement DATE: June 26, 2012 Page 2 of 2 Exhibit A Council Meeting: June 265 2012 Budgeted Amount: N/A Item No. 5 (e) City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Clayton Fulton Date Prepared: 06/21/12 Exhibits: @f Yes ❑ No AGENDA SUBJECT: Approve a Resolution regarding Online Court Payments SUMMARY: The City Anna Municipal Court does not currently accept credit cards as a form of payment. As staff researched various solutions to allow us to accept credit card payments for court citations we learned of The Payment Group LLC dba TrafficPayment.com (TP). TP offers the following services free of charge to the City: • Online citation payments • Over the phone citation payment with bilingual customer service agents • Online reporting tools for staff • Payment dispute resolution • In office credit card payments TP handles all the payment processing in real-time including real-time reporting to the City. In addition, any disputed charges are handled by TP. TP is also the only company staff found who built their business around payment of court citations. TP assesses an additional fee of based on the cost of the citation in order to cover their costs (see below for the fee schedule). This way the City pays no merchant fees associated with accepting credit cards and receives 100% of the citation amount. Amount of Fine TrafficPayment.com fee $ 15.00 $ 4.95 $ 50.00 $ T95 $ 100.00 $ 9.95 $ 150.00 $ 11.95 $ 175.00 $ 12.95 $ 200.00 $ 13.95 $ 225.00 $ 14.95 Item No. 5 (e) City Secretary's use only $ 250.00 $ 15.95 $ 300.00 $ 17.95 $ 350.00 $ 18.95 $ 400.00 $ 19.95 $ 450.00 $ 22.95 $ 500.00 5% RECOMMENDED ACTION: Approve the attached resolution. CITY OF ANNA, TEXAS A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING A CONTRACT WITH THE PAYMENT GROUP, LLC D/B/A TRAFFIC PAYMENT.COM TO PROVIDE ONLINE AND PAY -BY -PHONE CITATION PAYMENT SERVICES. WHEREAS, the City of Anna, Texas (the "City") desires to provide expanded and efficient means for the payment of citations; and, WHEREAS, the City views online and pay -by -phone services as an efficient and effective means for citation payments; and, WHEREAS, the City Staff have found The Payment Group, LLC to be adept at providing online and pay -by -phone citation payment services; and, WHEREAS, The Payment Group, LLC and will provide these services free of charge to the City; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval and Authorization of Engagement The Council hereby approves the Contract attached hereto as Exhibit 1, incorporated herein for all purposes and authorizes the City Manager to execute same in its behalf. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 26h day of July, 2012. ATTEST: APPROVED: Natha Wilkison, City Secretary Mike Crist, Mayor Res. PAGE 1 of 1 06-26-12 Ica 1%0Payment.com Service Agreement Important —Read Carefully: This is an agreement between The Payment Group, LLC d/b/a TRAFFICPAYMENT.COM ("TP"), a Texas limited liability company, and the City of Anna, Texas ("Client"), for the license of TP online citation payment service, associated software, hardware, media materials, and electronic documentation. Client and TP are collectively referred to in this agreement as the "Parties". The purpose of this agreement is to state the terms and conditions under which TP will provide for Client online citation payment services to individuals who have received citation(s) from Client for traffic or other legal violations ("End User"). Agreement Services Provided: TP will provide 24-hour online citation payment services, toll free pay -by -phone services, and ancillary services for Client, including all necessary installation/setup, promotional assistance, credit card processing, payments to client's specified account(s), and access to real time online reporting. Client agrees to retain the service of TP to act as an agent for the limited purpose of receiving and processing debit and credit card payment for traffic and parking citations. Client agrees to promptly clear all citations upon notice by TP that payment for such citations have been received by TP. If a "chargeback" to a credit/debit card occurs, TP will handle the matter and make the proper adjustment on the next Client report, and Client will then reinstate the affected citation(s) as remaining outstanding and unpaid. Timing of Contract: TP will furnish the necessary setup and perform all services required to begin processing citation payments online within twenty four (24) hours, or as soon as is practicable thereafter, of the time this contract and other paperwork are completed and received by TP. 3. Property of TP: All computer programs, written procedures, promotional materials, and other supporting items used in the work performed for Client shall be the property of TP, and shall be returned upon termination of this agreement. Hardware and Software Requirements: In order to access and view online reports, and communicate with TP, Client needs the following: Access to the Internet and ability to browse to TP administration website, an up- to-date copy of Adobe Reader to view reports, and a telephone line for TP to communicate with Client when a payment is received or for any other common communication. 5. Information Provided by Client: Client must provide the following to TP prior to startup: a) Any and all standard contact information; b) Bank routing number, bank account number (if using direct deposit); and c) Bank account type for deposit of all payments (if using direct deposit). 6. Actions to be Performed by TP: TP will provide online payment service 24 hours a day, 7 days a week, toll free pay -by -phone service during business hours, and paper check or electronic payment to the Client for all citations paid using TP. TP will provide all necessary technical support to maintain the payment system 24 hours a day, 7 days a week. TP will send or electronically deposit funds and reports to Client on Wednesday of each week for the previous week's (Monday -Sunday) activity to the account or address specified. All of TP's actions performed under this Agreement shall be performed strictly as an independent contractor relative to the Client, and nothing contained herein shall be deemed to create a partnership or agency relationship. There will be no joint control over the services provided under this Agreement and the Client shall not assume or exercise control over any of the means, methods, sequences, procedures, and/or techniques utilized to perform the services. 7. Term and Cancellation of Contract: The term of this agreement shall begin on the date executed by both parties and shall continue in full force and effect from that date until it is terminated by thirty (30) days written notice from either party to the other. The hold harmless and indemnification obligations under paragraph 8 of this Agreement shall survive the termination of this Agreement. 8. Indemnity: TP will indemnify and hold harmless the Client for causes of action and damages resulting from the wrongful arrest of defendants due to TP's negligence in processing and reporting payments in accordance with this Agreement, and otherwise indemnifies and holds harmless the Client and its agents, officers, directors, lawyers, accountants, and employees from and against any and all losses, claims, demands, damages, liabilities, costs and expenses, including (but not limited to) reasonable attorneys' fees and costs of any legal action arising from the services provided in this Agreement. Client will hold harmless TP for causes of action and damages resulting from the wrongful arrest of defendants due to Client's negligence in processing payments or errors in information generated by Client and furnished to TP. Initials: "TP" "Client" Reservation: All rights not expressly granted in this agreement are reserved by the parties hereto. 10. Support Services: TP will provide Client with support services related to all aspects of TP online citation payment service. The TP web portal, software applications, electronic payments, online reports, and promotional materials are the specific services supported. Client may contact TP support services during business hours Monday through Friday 8:00am to 6:00pm, CST. It is understood that TP will charge End Users a convenience fee for the use of its services, and in no event shall Client ever be responsible for any such fee. 11. Attorney Fees and Costs: If any action at law or in equity is necessary to enforce or interpret the terms of this agreement, the prevailing party shall be entitled to reasonable attorneys fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled. 12. Promotional Materials: Client agrees to the following for promotional purposes: a. to allow TP to use any logo or trademark of Client on the TP website for Client Identification if deemed necessary by TP, conditional on the parties reaching a mutually agreeable license agreement to be executed separate and apart from this Agreement; b, to allow TP to send promotional material to Client regarding TP services for Client to display on - site reflecting TP as an authorized agent of Client to receive payment of traffic and parking citations. The use of these materials is optional and Client is in no way obligated to use or display. 13. Miscellaneous Provisions: a. Texas Law to apply: This provision shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created under this agreement are performable in Collin County, the State of Texas. Exclusive jurisdiction and venue over any dispute between the parties arising out of this Agreement shall be in Collin County, Texas. b. Parties Bound: This agreement shall be binding on and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns. c. Legal Construction: In case any one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, that invalidity, illegality or unenforceable shall not affect any other provision of this agreement, and this agreement shall be construed as if the invalid, illegal, or unenforceable provision was not contained in the agreement. d. Sole Agreement: This agreement constitutes the sole agreement of the parties and supercedes any prior understandings or written or oral agreements between the parties respecting the subject matter of this agreement. e. Waiver. Failure by either Party at any time to enforce any obligation by the other Party, to claim a breach of any term of this Agreement or to exercise any power agreed to hereunder will not be construed as a waiver of any right, power or obligation under this Agreement, will not affect any subsequent breach, and will not prejudice either party as regards to any subsequent action. The Payment Group, LLC d/b/a TRAFFICPAYMENT.COM Name Title Address: Signature: Mark Withrow CITY OF ANNA, TEXAS Name: President, Director Title: 2805 N. Dallas Parkway Suite 230 Address Plano. Texas 75093 Signature: Philip Sanders City Manager 111 N. Powell Parkway Texas75409 Initials: "TI'" "Client" Date: June 2G, 2012 Date: June 26, 2012 Initials: "TP" "Client" X{OUR} HOMETOW N Council Meeting: June 26, 2012 Account Code #: Budgeted Amount: Item No. 5 LU City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Cit•�ger Exhibits: X Yes ❑ No AGENDA SUBJECT: Approve a Resolution authorizing appointment of an Assistant Emergency Coordinator, SUMMARY: During the June 12 City Council Meeting, the City council approved the nomination of Frank Roma to serve as the City's Emergency Management Coordinator. The Mayor is also authorized to appoint an Assistant Emergency Management Coordinator subject to City Council approval of the nomination in accordance with Ordinance No. 581-2012. Mayor Crist in consultation with the City Manager has recommended that the City Council nominate Chief Kenny Jenks, the City of Anna Police Chief, to serve as the Citys Assistant Emergency Management Coordinator. After receiving the recommendation, the City Council may nominate one or more eligible persons (including the person nominated by the Emergency Management Director) to serve as the Assistant Emergency Management Coordinator. The Emergency Management Director may then designate the Council's nominee as the Assistant Emergency Management Coordinator, RECOMMENDATION: Staff recommends approval of the attached Resolution which nominates the City's Police Chief to serve as the Assistant Emergency Management Coordinator. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS NOMINATING AN ASSISTANT EMERGENCY MANAGEMENT COORDINATOR WHEREAS, in accordance with Ordinance No. 581-2012 the City's Emergency Management Director in consultation with the City Manager may recommend for the City Council's consideration one or more eligible persons to serve as an Assistant Emergency Management Coordinator; and WHEREAS, the Emergency Management Director in consultation with the City Manager has recommended that Chief Kenny Jenks, the City of Anna Police Chief be nominated by the City Council to serve as the City's Assistant Emergency Management Coordinator; 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. Nomination of Emergency Management Coordinator In accordance with Ordinance No. 581-2012, the City Council of the City of Anna, Texas hereby nominates Chief Kenny Jenks, the City of Police Chief to serve as the City's Assistant Emergency Management Coordinator. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 26t" day of June 2012. ATTEST: Natha Wilkison, City Secretary APPROVED: Mike Crist, Mayor CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 Council Meeting: June 26I 2012 Account Code #: N/A Budgeted Amount: N/A Item No..5 (;1 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanlce Date Prepared: 06/20/12 Exhibits: ■Yes ❑ No AGENDA SUBJECT: Approving "West Crossing Phase II "Preliminary plat. SUMMARY: A preliminary plat has been submitted for West Crossing Phase II. This plat is located south of Hackberry and east of Honeywell. The applicant has requested a variance to the Subdivision Rules and Regulations concerning the maximum length of a cul-de-sac. The rules have a six hundred feet maximum and the proposed Hurstwood Court is approximately seven hundred feet in length. Due to the shape of the property and the size of lots the staff does not have concerns about this variance. Additionally, block X lot 2 will be the location of a proposed trail. The Construction Plans for a final plat of this area have also been submitted and are under review. PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning Commission recommended approval of the final plat including the requested variance unanimously on June 11, 2012. RECOMMENDED ACTION: Approval of the plat Item No.S (91 City Secretary's use only 6 ��3 ca Nb4 z 11 I G" 04 y a0 pvM, a it01 map I I .-�A K^ � u 9 Qfl �r 'ca Mn cp o. .✓ l I � �� tfos '19= tv%* ,,�� w. � \�, o � o ct o ^v o-•., a G./' ^e �� £- ��I�P bq kb� 0 0 �ti � s �. ��,, � v � �`f, '�� "' ^-' � ^ ^—g ` Rx� � � .£L• �' �t by b • ., �l � v.�i � t �� �' ,95.'�5' `• i`-O Y ,A?/_--•rJGs~ [5c �lSt .0�154 .d0't5h ,a „�.. L � "; ^ � 1:.+11 7„,7,5{8Lf05 PPOI.'+lS3tYi� .,,' fi a b ✓ �, .t zs••,Q?s4 _L • b t t'�j�- �^ w:s'w:• �' �r wig w� wv' /��j/,Tm�'�"'i �" ' ? eN _''_ .•Z' 1.P7� 9~ �'L r�jQ .9s. � Go w \i.' dd�i � Gn t Pg_ `!' ��JS`:z ts�f rse ,ao� / ! ,'a.-y'''�—:. •-/��// �'"— a5t` u; G., r,. 'a .lN� / 1 k i n�stNOLtivagl 7gt '< / e� o 0 _ivU qd ° �}1� s Gl`v5 N, d fa �} l 't -q�D ; r ^� '13�• "' j aJ rn a N z a - s ° ?a as s sstty tt Nod a "n Item No.5 (h) City Secretary's use only R� City of Anna City Council Agenda Staff Report Council Meeting: June 26I 2012 Account Code #: N/A Budgeted Amount: N/A AGENDA SUBJECT: "Milleniutn Addition" plat. Staff Contact: Maurice Schwanke Date Prepared: 06/20/12 Exhibits: ■Yes ❑ No SUMMARY: A plat has been received concerning the property at 205 North Powell Parkway. This is the location for the Agave Azul Plaza Project recently approved by the City Council for zoning and site plan approval. Some comments regarding drainage are being worked on at this time. The property owner's engineer is working with our Consulting Engineer and the staff to resolve the issues. PLANNING AND ZONING ACTION: The planning and Zoning Commission approved the final plat unanimously on June 11, 2012. RECOMMENDED ACTION: The Staff is recommending approval subject to the drainage issues being resolved. wu M - aio- IN M O10 as g+ .9 z' gg ei�g Fc is€c€s l iB Zb�i b HAll � li 3g; j m ° n AM Aw rig g(` &Fca �a Sic,411 �� � � � o ° � 04 o o 119 $"i 04 k% 111 1, $ 8t 1 i „0 a m o "AU g {Fal s i g= s 51 k g} In i a 15r a1F i ajF 11,' ° a o 4Uci 3 L 4] -1" $11 Ig 1lB�la� t a a is �$is 1.3 IN aovag i6 a^a Yd lip $ rFFg jE 3c it de i tb1�- sdl u 1 ac G tl y I gC t�� d o gg id yk��3 S,� jj IUM �,i � SFg Sait l�I U € �k � Fla, gE I •' F keg � ��8 f j S 6 �f7 it — 3 toi 8 o . ���.,p -- —. .--'3"----- do �te � bx """'l"H VMS)�•—.--..�.—.—.—.— ggz t9 to la Nil 3 �I zjolt tag fz x i e�S rz I T gall 1y;g$ 5 � " I €� o s� ia; d I .' E�-� � a je I I i f ro — --- ,a 1 At OVAN �I i YIR togs III I aIt try VIA n.a R i o 9 1`+3 a Eas Ilat f �. A. S� �� a • Ca !! a At All 01 ti3— ts� I Item No.5 (i) City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: June 26, 2012 Staff Contact: Maurice Schwanke Account Code #: N/A Date Prepared: 06/21/2012 Budgeted Amount: N/A Exhibits: ■Yes ❑ No AGENDA SUBJECT: Approve an Application for the "Fireworks Display" sponsored by the Greater Anna Chamber of Commerce. (Maurice Schwanke) SUMMARY: The City has received a special event permit application for a Ott' of July Fireworks display to be held at the football stadium at the Anna Middle School facility on North Powell Parkway. GACC is working with the Anna Fire Department and Anna Police Department in regard to public safety, and the directing of traffic and pedestrians in and around the Anna Middle School and Slayter Creek Park. The fireworks display will be performed by the same company as last year. All insurances must be in place prior to the event. PARK BOARD ACTION: To be reviewed by the Park Board on June 25t1',2012. RECOMMENDED ACTION: Approval Item No.S i City Secretary's use only CITY OF ANNA, TEXAS RESOLUTION NO. RESOLUTION REGARDING THE APPROVAL OF A SPECIAL EVENT PERMIT AND AUTHORITY TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF ANNA AND THE GREATER ANNA CHAMBER OF COMMERCE FOR 4t" of JULY FIREWORK DISPLAY AT ANNA MIDDLE SCHOOL FOOTBALL STADIUM WHEREAS, the Greater Anna Chamber of Commerce the "GACC") has submitted a Special Event Permit application to conduct a 4T of July Fireworks Display on Wednesday, July 4th; and WHEREAS, the City of Anna Parks Board has reviewed the application and is recommending that the City Council of the City of Anna, Texas (the "City Council") approve the Special Event Permit; and (1) WHEREAS, according to Anna City Code of Ordinances, Part II, Article 47, the City shall enter into a Special Event Agreement (the "Agreement) incorporating the terms and conditions of said permit; NOW THEREFORE, BE IT RESOLVED OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated BY THE CITY COUNCIL OF THE CITY The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. The City Council hereby approves the Special Event Permit and authorizes the City Manager to execute and sign the Special Event Agreement attached hereto as Exhibit 1. PASSED by the City Council of the City of Anna, Texas, on this 26th day of June, 2012. ATTEST: Natha Wilkison, City Secretary Mayor, Mike Crist Item No.5 (i) City Secretary's use only ;3l NZM►�IM2 This Agreement (this "Agreement") is made by and between the City of Anna, Texas ("City"), and the Greater Anna Chamber of Commerce ("GACC") and is entered into on this 26th day of June, 2012. Section 2. Summary A Fireworks Display to be held inside the City's corporate limits at the Anna Middle School Football Field on July 4tl', 2012, in accordance with the provisions of this Agreement. Section 3. Definitions Meanings. For purposes of this Agreement, the following meanings shall apply: (1) City shall mean the City of Anna, Texas. (2) GACC shall mean the Greater Anna Chamber of Commerce, Incorporated. (3) Fireworks Display shall mean a pyrotechnics display —properly and timely permitted by the Fire Marshal under The Anna City Code Part II, Article 21, Section 4.04 (or other applicable provisions) —to be held inside the City's corporate limits on July 4, 2010 for the purpose of public entertainment and for the purposes stated in the resolution adopted by the City approving of this Agreement. Section 4. General Requirements (1) The Fireworks Display must be held within the City's corporate limits at a location approved by the Fire Marshal. (2) The Fireworks Display must be open to the public without any charge. (3) In written advertisements publicizing the Fireworks Display, the GACC will include the following language: "This Fireworks Display is specially permitted under the Anna City Code Part 11, Article 21, Section 4.04. Possession of or use of fireworks within City limits and within 5,000 feet of City limits without a written permit granted by the Fire Marshal is a violation of law carrying fines for violations of up to $2,000." Section 5. Licenses and Permits The GACC shall obtain and pay for any and all permits, licenses, disposal fees, or any other costs required for the Fireworks Display and to fulfill this Agreement. The GACC must comply with all federal and state laws, and local ordinances while organizing and participating in the Fireworks Display. Item No.5 i City Secretary's use only Section 6. Independent Contractor Status/ Liability/ Indemnity It is expressly understood and agreed that the City has no right of control, supervision, or direction over any work performed by the GACC relating in any way to the GACC's undertaking, promoting, operating, and performance of any other activity related to the Fireworks Display including but not limited to its employees or its subcontractors, nor does the City have any control, supervision or direction of the means, methods, sequences, procedures, and techniques utilized to conduct the Fireworks Display. There shall be no joint control over the Fireworks Display. The GACC agrees to fully defend, indemnify and hold harmless the City from any claim, proceeding, cause of action, judgment, penalty, or any other cost or expense arising or growing out of, associated or in connection with the Fireworks Display. The indemnification includes, but is not limited to, attorney fees incurred by the City in defending itself or in enforcing this Agreement. By entering into this Agreement, GACC waives all rights and remedies in law or in equity except to seek enforcement of specific performance of the obligations under this Agreement. This provision is not intended to and does not waive any of the City's governmental immunities, including immunity from suit and liability. It is expressly understood and agreed that any participation in the presentation of or conducting of the Fireworks Display by any City Official or City employee is not authorized by the City and shall not be authorized by the City, unless such authorization is by written agreement, July adopted by the City. THE GACC's DUTIES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE CITY EXPRESSLY APPLY EVEN IF A CLAIM, PROCEEDING, CAUSE OF ACTION, JUDGMENT, PENALTY, OR ANY OTHER COST OR EXPENSE ARISING OR GROWING OUT OF, OR ASSOCIATED IN ANY WAY WITH THE FIREWORKS DISPLAY IS CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF ANY CITY OFFICIAL OR EMPLOYEE. THE OBLIGATIONS UNDER THIS SECTION 5 OF THIS AGREEMENT SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT. Section 7. Insurance GACC shall procure and maintain for the duration of the contract insurance to cover claims for injuries to persons or damages to property, which may arise from or in conjunction with the presentation of or conducting of the Fireworks Display or in any way related to the GACC's undertakings performed in connection with the Fireworks Display, including but not limited to coverage for GACC, its agents, representatives, employees, subcontractors, volunteers, and other participants. The form, coverage and limits of such insurance, together with the underwriter thereof in each case, must be acceptable to the City and the Fire Marshal but regardless of such acceptance it shall be the responsibility of the GACC to maintain adequate insurance coverage at all times, and to require that each contractor, vendor, or other participant in the Fireworks Display does likewise. Failure of the GACC to maintain adequate coverage shall not relieve the GACC of any contractual responsibility or obligation. Each policy shall name the City as an additional insured and provide that there will be no alteration or modification which reduces coverage in any way prior to 30 days written notice being given to the City. A Item No.S i City Secretary's use only copy of each policy, or at the Citys discretion, a certificate of insurance, shall be filed by ]ACC with the City Secretary. Proof of adequate coverage must be provided to the City as soon as practicable after this Agreement becomes effective, and GACC is encouraged to discuss the limits and types of coverage that will be acceptable to the City and Fire Marshal before submitting such proof to the City to reduce the potential that the City or Fire Marshal rejects same as insufficient. Section 8. Amendment This Agreement may not be amended except pursuant to a written instrument signed by both parties. Section 9. Notice Notice as required by this Agreement shall be in writing delivered to the parties via U.S. certified mail, return receipt requested, at the addresses listed below: City of Anna Philip Sanders, City Manager City of Anna 1 I I N. Powell Parkway Anna, Texas 75409 GACC Sara Cox, GACC President P.O. Box 1256 807 South Interurban Street Anna, Texas 75409 Each party shall notify the other in writing within 10 days of any change in the information listed in this section. Item No.5 (il City Secretary's use only Section 10. No Waiver of Immunity; No Third -Party Beneficiaries Nothing in this Agreement waives any governmental immunity available to the City under Texas law. The provisions of this Agreement are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Section 11. Entire Agreement This Agreement represents the entire and integrated Agreement between the City and GACC and supersedes all prior negotiations, representations and/or agreements, either written or oral with respect to the Fireworks Display. Section 12. Governing Law and Venue This Agreement shall be governed by the laws of the State of Texas as to interpretation and performance. Any and all legal action necessary to enforce this Agreement shall be brought in a court of competent jurisdiction in Collin County, Texas. Section 13. Severability The provisions of this Agreement are severable. In the event that any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement shall be found to be contrary to the law, or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of this Agreement. Section 14. Contract Interpretation This Agreement is the result of negotiation between the parties, and shall, in the event of any dispute over the meaning or application of any portion thereof, be interpreted fairly and reasonably, and not to be more strictly construed against one party than another, regardless of which party originally drafted the section in dispute. Section 15. Force Majeure If a party is prevented or delayed from performing any of its obligation hereunder due to a natural or manmade event or condition not caused by such party and beyond such party's reasonable control, then such patty's performance of those obligations shall be suspended until such time as the event or condition no longer prevents or delays performance. If any event or condition results in the creation of amounts of refuse in excess of ordinary amounts, then the patties shall discuss, but shall not be bound to conclude, terms and conditions for collection of those excess amounts. Item No.S i City Secretary's use only Section 16. Assignment It is understood and agreed that GACC shall not assign, sublet, or transfer any of the rights and duties under the terms of this Agreement without the prior written approval of the City. Section 17. Effective Date This Agreement shall be effective upon the date first stated herein, and performance of such Agreement shall begin as soon thereafter as practicable, or as specified herein. SIGNATURES: Greater Anna Chamber of Commerce, City of Anna, Texas Incorporated By: Sara Cox, its President Philip Sanders, City Manager Return form with Deposit to: Public Works Dept. 3223 N. Powell Pkwy Anna, TX 75409 972-9244510 A lication Fee $50 non-refundable De osit $300 (refundable ❑ Same Information As Above (if not the same, complete the next two lines) Issue Deposit Refund To: Address: City: State. Zip Code Dates of Activi ! �, Reservation Time Block: Type of Activity (explain 'purpose of activity): Estimated Number of People Attending Activity: 00 Reservation Location: y-- Will Food and/or Beverages be on -site forth ,.activit ? ❑Yes ©'filo Will Alcohol be served or sold? ❑Yes o (if es, include re uest letter If yes, please indicate who the vendors are (food and drinks): Please identify all other activities &structures (bounce house, tents, music, sports, games, etc): ca �n c E .E Cr d E a Applicant agrees that this indemnity agreement is intended to be as broad and inclusive as is permitted by the laws of the state of Texas, and that if any portion is held invalid, then it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I do solemnly swear (or affirm) that all the answers given and statements made on this application and supporting documents are full, true, and correct to the best of my knowledge and beliefs. I have been given a copy of the Anna City Code ordinance Part 11, Article 47 and have read the provisions contained therein and agree to abide by them. Appli Signto Date Submittal Requirements: 1. Completed application with signatures and contact information. 2. Submit application fee ($50) and deposit ($300). (Ord. No. 490-2008; Checks payable to the City of Anna) 3. Map of Event area. 4. List of food and beverage vendors and/or copy of current license from vendor. 5. Statement of Intent to obtain Insurance and/or Proof of Insurance. ( A copy of the Certificate of Insurance is due a minimum of one week before event start date) 6. Letter of request if alcohol is desired. Date A lication & De osit Received $300 : Date A lication Fee Received $50 Received By: Received B : Cash or Check # Cash or Check # Receipt #: Receipt #: Required Documents Redd. ❑ Completed Application ❑ Insurance ❑ Food Vendor List ❑ Sound System ❑ Map ❑ Alcohol Request (optional) ❑ Other: ❑ Other: ❑ Approved by: ❑Permit Issued Date: Assign Date of Parks Board Review of Application: (put date in blank) and notify Applicant. CITY OF ANNA, TEXAS Council Meeting: June 26, 2012 Account Code #: Budgeted Amount: Item No. D City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Chief Jenks Exhibits: ❑x Yes ❑No AGENDA SUBJECT: Approve a Resolution authorizing a Dispatch Agreement. SUMMARY: The Police Department receives its dispatch services via an agreement with Collin County. This agreement allows for the Sheriff's Office to provide the dispatch services necessary for the operations of the Police Dept. In return, the City pays a fee associated with each radio event. This resolution allows the agreement to be extended through the end of FY 2013. STAFF RECOMMENDATION: Approve the resolution. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN INTERLOCAL DISPATCH SERVICES AGREEMENT BETWEEN THE CITY AND COLLIN COUNTY, TEXAS. WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that the City of Anna Chief of Police, in furtherance of the Department's purpose of preserving and protecting the public health and safety of the City 's residents, recommends that the City renew the agreement for Dispatch services with Collin County; WHEREAS, Dispatch Services are defined as all services necessary for the Collin County Sheriff's Office to receive calls for law enforcement service within the City of Anna's jurisdiction and to dispatch the City's law enforcement personnel in response to such calls; and WHEREAS, the City Council, by vote, approves the Interlocal Dispatch Services Agreement between the City of Anna and Collin County for the period ending September 30, 2013. Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this day of June, 2012. APPROVED: Mike Crist, Mayor ATTEST: Natha Wilkison, City Secretary CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 of 1 Office of the Purchasing Agent 2300 Bloomdale Road Suite 3160 McKinney, Texas 75071 www.collincountytx.gov May 105 2012 City of Anna Mayor: Mike Crist 111 N. Powell Parkway P.O. Box 776 Anna, Texas 75409 Dear Mayor Crist: Enclosed is copy of the final agreement for the Interlocal Agreement for Dispatch Services. If you have any questions, please contact me at 972-548-4124 or jturner cz,co.collin.tx.us. Sincerely, Jennifer Turner Contract Administrator INTERLOCAL DISPATCH SERVICES AGREEMENT This agreement is entered into on the day of 2012, by and between the City of Anna (the "City") and Collin County, a political subdivision of the State of Texas (the "County"). RECITALS 1. The County, through the Sheriff's Office, owns and operates communication facilities used in dispatching its law enforcement and emergency service personnel. 2. The City desires to obtain certain dispatch services from the County. Therefore, under the authority of Texas Government Code, Title 7, Interlocal Cooperation Act, Section 791 et seq., the parties agree as follows: SECTION 1. DEFINITIONS DISPATCH SERVICES. The term "Dispatch Services" means all services necessary for the Collin County Sheriff's Office to receive calls for law enforcement service within the City's jurisdiction and to dispatch the City's law enforcement personnel in response to such calls. SECTION 2. TERM 2.01 TERM. The term of this agreement shall commence on the lst day of October 1, 2012, and shall continue in full force and effect through September 30, 2013. 2.02 TERMINATION. Either party may terminate this agreement by giving ninety (90) days written notice to the other party. SECTION 3. SERVICES SERVICES TO BE PROVIDED. The County agrees to provide dispatch services through the Sheriff's Office to the City in the same manner and under the same work schedule as such services are provided in the operation of the County's law enforcement personnel. 1 For each user the City is required to complete and return Attachment (A), Connection Policy and Agreement Form for the Virtual Private Network (VPN). SECTION 4. NONEXCLUSIVITY OF SERVICE PROVISION The parties agree that the County may contract to perform services similar or identical to those speced in this agreement for such additional governmental or public entities as the County, in its sole discretion, sees fit. SECTION 5. COMPENSATION 5.01 The dispatch service charges for FY2013 in the amount of $35,457.44 shall be paid by the City in quarterly installments of $8,864.36. This amount is based upon the prior year call volume at the rate of $6.68 per radio incident. 5.02 PAYMENT UPON EARLY TERMINATION. If this agreement is terminated prior to the conclusion of a three-month period for which a payment has been made pursuant to Section 5.01 of this agreement, the entire amount paid shall belong to the County without prorating. 5.03 SOURCE OF PAYMENT. The City agrees that payments that it is required to make under this agreement shall be made out of the City's current revenues. SECTION 6. CIVIL LIABILITY Any civil liability relating to the furnishing of services under this agreement shall be the responsibility of the City. The parties agree that the County shall be acting as agent for the City in performing the services contemplated by this agreement. The City shall hold the County free and harmless from any obligation, costs, claims, judgments, attorneys fees, attachments, and other such liabilities arising from or growing out of the services rendered to the City pursuant to the terms of this agreement or in any way connected with the rendering of said services, except when the same shall arise because of the willful misconduct or culpable negligence of the County, and the County is adjudged to be guilty of willful misconduct or culpable negligence by a court 2 of competent jurisdiction. SECTION 7. AMENDMENT This agreement shall not be amended or modified other than in a written agreement signed by the parties. SECTION 8. CONTROLLING LAW This agreement shall be deemed to be made under, governed by, and construed in accordance with, the laws of the State of Texas. SECTION 9. NOTICES 9.01 FORM OF NOTICE. Unless otherwise specified, all communications provided for in this agreement shall be in writing and shall be deemed delivered, whether actually received or not, forty-eight (48) hours after deposit in the United States mail, first class, registered or certified, return receipt requested, with proper postage prepaid or immediately when delivered in person. 9.02 ADDRESSES. All communications provided for in this agreement shall be addressed as follows: (A) Collin County, Dispatch Services to: Purchasing Department 2300 Bloomdale #3160 McKinney, Texas 75071 (B) If to the City, to: (C) Collin County, Virtual Private Network (VPN) to: Information Technology Department 2300 Bloomdale #3198 McKinney, Texas 75071 3 Or to such person at such address as may from time to time be specified in a notice given as provided in this Section 9. In addition, notice of termination of this agreement by the City shall be provided by the City to the County Judge of Collin County as follows: The Honorable Keith Self Collin County Judge Collin County Administration Building 2300 Bloomdale Rd. Suite 4192 McKinney, Texas 75071 SECTION 10. CAPTIONS The headings to the various sections of this agreement have been inserted for the convenient reference only and shall not modify, define, limit or expand the express provision of this agreement. SECTION 11. COUNTERPARTS This agreement may be executed in counterparts, each of which, when taken separately, shall be deemed an original. SECTION 12. OBLIGATIONS OF CONDITION All obligations of each party under this agreement are conditions to further performance of the other party's continued performance of its obligation under the agreement. SECTION 13. EXCLUSIVE RIGHT TO ENFORCE THIS AGREEMENT The County and the City have the exclusive right to bring suit to enforce this Agreement, and no party may bring suit, as a third -party beneficiary or otherwise, to enforce this agreement. SECTION 14. PRIOR AGREEMENTS SUPERSEDED This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written oral agreements between the parties respecting the services to be provided under this agreement. IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT AS OF THE DAY AND YEAR FIRST ABOVE WRITTEN. "COUNTY" COLLIN COUNTY, TEXAS BY: TITLE: DATE: "CITY" BY: TITLE: DATE: 5 iiOMETOWN Council Meeting: 06/26/2012 Account Code #: N/A Item No. 5 L11cl City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanke Date Prepared 06/21 /2012 Budgeted Amount: N/A Exhibits: ■Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution authorizing participation in the Collin County Park and Open Space Grant Program. Application is for matching park funds for trail construction along Throckmotton Creels adjacent to the Creekside Addition. SUMMARY: This project would include the construction of 3,100 LF of 8' wide concrete trail with 2 trail bridges. The application deadline for the Collin County Park Program is July 9t�' This grant is a 50/50 grant. We are anticipating that the City share of the funding will be through local inkind labor and the value of land previously obtained by the City. The preliminary budget for this project is $230,000. At the south end of the project a TXDOT road exists (F.M. 455). This road is scheduled for reconstruction in 2013. They will be provng a sidewalk along the facility. After completion of the road our intention will be to connect the two trail facilities. RECOMMENDED ACTION: Approval Item No. 5 (k) City Secretary's use only Item No. 5 (k) City Secretary's use only CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS, HEREINAFTER REFERRED TO AS "APPLICANT" DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR ACTING FOR AND ON BEHALF OF THE" APPLICANT" IN DEALING WITH COLLIN COUNTY, HEREINAFTER REFERRED TO AS "COUNTY", FOR THE PURPOSE OF PARTICIPATING IN THE "COUNTY'S" PARK AND OPEN SPACE GRANT PROGRAM, HEREINAFTER REFERRED TO AS THE "PROGRAM"; CERTIFYING THAT THE "APPLICANT IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING THAT THE "APPLICANT" MATCHING SHARE IS READILY AVAILABLE; AND DEDICATING THE PROPOSED SITE FOR PUBLIC RECREATIONAL USES. WHEREAS, the "Applicant" is a municipality located in Collin County, Texas, and is frilly eligible to receive assistance under the "Program"; and WHEREAS, the "Applicant" has a very serious need for park facilities and open space areas to serve the residents of the Anna area; and WHEREAS, the "Applicant" desires to participate in the "Program"; and WHEREAS, the "Applicant" desires to authorize an official to represent and act for the "Applicant" dealing with the "County" concerning the "Program"; now therefore Section 1. That the "Applicant" hereby certifies that it is a municipality located in Collin County, Texas, and is thereby eligible to receive assistance under the "Program". Section 2. That the "Applicant" hereby certifies that the matching share for this application is readily available at this time. Section 3. That the "Applicant" hereby authorizes the City Manager to act for the "Applicant" in dealing with the "County" and is hereby officially designated as the representative in this regard. Section 4. That the "Applicant" hereby specifically authorizes the official to make application to the "County" concerning the site to be known as Creekside Trail. The Creekside Trail will be dedicated for public park and recreation purposes in perpetuity. PASSED by the following vote of the City Council of the City of Anna, Texas, on this the 26th day of June, 2012. MA NAYS APPROVED: ABSTENTIONS Mayor Item No. 5 lc City Secretary's use only City Secretary Council Meeting: 06/26/2012 Account Code #: N/A Budgeted Amount: $ N/A Item No. 5 (1) City Secretary's use only City of Anna Staff Agenda Report Staff Contact: Maurice Schwanlce Prepared by: Maurice Schwanlce Date Prepared: 06/21/2012 Exhibits: ■Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution authorizing participation in the Collin County Park and Open Space Grant Program. Application is for matching park funds for Land Acquisition and trail construction in the Slayter Creels Basin adjacent to Pecan Grove Subdivision, north to Taylor Blvd. and south to near the Collin County Outer Loop. The resolution also allows the City Manager to Act on Behalf of the City in regard to the application. SUMMARY: This project would include the acquisition of properties along a tributary of Slayter Creek to Slayter Creels, along and adjacent to Pecan Grove Subdivision, and then continuing south to a point in Anna's Jurisdiction that will line up with bench work currently occurring under the proposed Collin County Outer Loop project. This trail will facilitate a regional trail that was recently developed. The application deadline for the Collin County Park Program is July 9th. This grant is a 50/50 grant. We are anticipating that the City share of the funding will be through local inkind labor and the value of land previously obtained by the City. The preliminary budget for this project is $400,000, RECOMMENDED ACTION: Approval Item No. _5 (1) City Secretary's use only Item No. JS (1) City Secretary's use only CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS, HEREINAFTER REFERRED TO AS "APPLICANT" DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR ACTING FOR AND ON BEHALF OF THE" APPLICANT" IN DEALING WITH COLLIN COUNTY, HEREINAFTER REFERRED TO AS "COUNTY", FOR THE PURPOSE OF PARTICIPATING IN THE "COUNTY'S" PARK AND OPEN SPACE GRANT PROGRAM, HEREINAFTER REFERRED TO AS THE "PROGRAM"; CERTIFYING THAT THE "APPLICANT IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING THAT THE "APPLICANT" MATCHING SHARE IS READILY AVAILABLE; AND DEDICATING THE PROPOSED SITE FOR PUBLIC RECREATIONAL USES. WHEREAS, the "Applicant" is a municipality located in Collin County, Texas, and is fully eligible to receive assistance under the "Program"; and WHEREAS, the "Applicant" has a very serious need for park facilities and open space areas to serve the residents of the Anna area; and WHEREAS, the "Applicant" desires to participate in the "Program"; and WHEREAS, the "Applicant" desires to authorize an official to represent and act for the "Applicant" dealing with the "County" concerning the "Program"; now therefore BE IT RESOLVED BY THE "APPLICANT" Section 1. That the "Applicant" hereby certifies that it is a municipality located in Collin County, Texas, and is thereby eligible to receive assistance under the "Program". Section 2. That the "Applicant" hereby certifies that the matching share for this application is readily available at this time. Section 3. That the "Applicant" hereby authorizes the City Manager to act for the "Applicant" in dealing with the "County" and is hereby officially designated as the representative in this regard. Section 4. That the "Applicant" hereby specifically authorizes the official to make application to the "County" concerning the site to be known as South Slayter Creek Trail. The South Slayter Creek Trail will be dedicated for public park and recreation purposes in perpetuity. PASSED by the following vote of the City Council of the City of Anna, Texas, on this the 26"' day of June, 2012. AYES APPROVED: Mayor NAYS ABSTENTIONS City Secretary HOMETOWN Council Meeting: June 26, 2012 Account Code #: N/A Budgeted Amount: ►1L•1 Item No.6 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanke Date Prepared: 06/20/12 Exhibits: ■Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regardin� a Resohrtion approving a Special Event Permit for Glow Fest on Saturday, October 27t at Slayter Creek Park. SUMMARY: Glow Fest is scheduled for Saturday, October 27t1' at Slayter Creels Parlc and is sponsored by the Greater Anna Chamber of Commerce. The event will include a children's area with bounce houses, games and carnival rides, vendors, live music with stage, Hay rides, and Hot air balloons. The ability to serve alcohol has also being requested. Saturday, November 3rd is being requested as a backup date. It should be noted that a significant part of Slayter Creek Park may be under construction at this time for Phase 11 Slayter Creels park improvements. A temporary boundary fence will be setup during Glow Fest. PARK BOARD ACTION: The Park Board recommended approval of the proposed special event at their meeting June 18t1', 2012. RECOMMENDED ACTION: Approval of event and Resolution of Agreement subject to obtaining appropriate insurances, approval of TABC and remittance of fees. Item No.6 City Secretary's use only CITY OF ANNA, TEXAS RESOLUTION NO. RESOLUTION REGARDING THE APPROVAL OF A SPECIAL EVENT PERMIT AND AUTHORITY TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF ANNA AND THE GREATER ANNA CHAMBER OF COMMERCE FOR SPECIAL FALL EVENT "GLOW FEST" AT SLAYTER CREEK PARK WHEREAS, the Greater Anna Chamber of Commerce (the "GACC") has submitted a Special Event Permit application to conduct a community event known as "Glow Fest" at Slayter Creek Park on Saturday, October 29th; and WHEREAS, the City of Anna Parks Board has reviewed the application and is recommending that the City Council of the City of Anna, Texas (the "City Council') approve the Special Event Permit; and WHEREAS, according to Anna City Code of Ordinances, Part II, Article 47, the City shall enter into a Special Event Agreement (the "Agreement) incorporating the terms and conditions of said permit; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. The City Council hereby approves the Special Event Permit and authorizes the City Manager to execute and sign the Special Event Agreement attached hereto as Exhibit 1. Item No.6 City Secretary's use only PASSED by the City Council of the City of Anna, Texas, on this 26th day of June, 2012. ATTEST: Natha Wilkison, City Secretary APPROVED: Mayor, Mike Crist AGREEMENT FOR SPECIAL EVENT This Agreement For Special Event ("Agreement") is made City of Anna ("City"), and the Greater Anna Chamber of entered into on this 26th day of June 2012. Scope by and between the Commerce ("GACC") According to Anna City Code Ordinances, Part II, Article 47, the City enters into this Agreement with GACC for use of Public Park Property for the Anna Glow Fest. Definitions Meanings. For purposes of this Agreement, the following meanings shall apply: City shall mean the City of Anna, Texas. GACC shall mean the Greater Anna Chamber of Commerce of the City of Anna, Texas. Anna Glow Fest shall mean the community event sponsored by the GACC and associated events and activities to take place in Anna, Texas on October 27, 2012. Public Park Property shall property of Slayter Creek mean the pavilion, parking lot and surrounding Special Event means any event that operates wholly or partially within the incorporated City limit's and may require the use of or assistance from any department or employee of the City, or the use of any City property. Item No.6 City Secretary's use only General Requirements Terms of Special Event Agreement The GACC has submitted a Special Event Permit application and sought authorization for the special event from the City of Anna Parks Board subject to entering into this agreement with the City. Said application is attached hereto as Exhibit A. The Council authorizes the Special Event, subject to the following restrictions: Parking Restrictions: All parking for the event will be conducted parking. Parking is to be prohibited on all areas directly adjoining roadways, etc.). combination thereof, must be utilized to k way. on premises designed or adapted for public rights of way (shoulders, grass Event staff, signage, barricades, or a eep patrons from parking in rights of If parking areas are full, Event staff must be in place to direct vehicles to open parking areas, Vehicles on Park Property: Except for designated parking areas and other designated areas approved by the Director of Public Works, motor vehicles are prohibited from driving on Park property. At the discretion of the Director of Public Works Motor vehicles may be allowed on some turf areas to deliver equipment but must be immediately removed when the delivery is complete. The City may prohibit any vehicle or trailer from driving on turf areas if in the opinion of the Director of Public Works the ground is too wet to support the weight of the vehicle. Except for small utility vehicles approved by the Director of Public Works, all motor vehicles are expressly prohibited from driving on or crossing the concrete walking trails. The applicant will ensure that all event participants observe these rules and will be responsible for paying for any damages to park property caused by vehicles driven by participants of this event. Vendors and other Participants: Vendors and other persons or businesses providing entertainment or activities for the event may only locate on designated areas of the park that have been approved by the Director of Public Works. Fees GACC represents that it has submitted a nonrefundable permit application fee in the amount fifty ($50.00) dollars, a refundable three hundred ($300.00) dollar Item No.6 City Secretary's use only deposit, and will pay for any additional actual costs incurred by the City of Anna in reviewing such application that exceeds said amount. Licenses and Permits The GACC shall obtain and pay for any and all permits, licenses, disposal fees, or any other costs required for the Anna Glow Fest and to fulfill this Agreement. The GACC must comply with all federal and state laws, and local ordinances while organizing and participating in the Anna Glow Fest. Independent Contractor Status/ Liability/ Indemnity It is expressly understood and agreed that the City has no right of control, supervision, or direction over any work performed by the GACC relating in any way to the GACC's undertaking, promoting, operating, and performance of any other activity related to the Anna Glow Fest (the "Work"), including but not limited to its employees or its subcontractors, nor does the City have any control, supervision or direction of the means, methods, sequences, procedures, and techniques utilized to complete any the Work. There shall be no joint control over the Work. The GACC agrees to fully defend, indemnify and hold harmless the City from any claim, proceeding, cause of action, judgment, penalty, or any other cost or expense arising or growing out of, associated or in connection with the Work. The indemnification includes, but is not limited to, attorney fees incurred by the City in defending itself or in enforcing this Agreement. By entering into this Agreement, GACC waives all rights and remedies in law or in equity except to seek enforcement of specific performance of the obligations under this Agreement. This provision is not intended to and does not waive any of the City's governmental immunities, including immunity from suit and liability. Insurance GACC shall procure and maintain for the duration of the contract insurance to cover claims for injuries to persons or damages to property, which may arise from or in conjunction with the performance of the Work or in any way related to the GACC's undertakings performed in connection with the Anna Glow Fest, including but not limited to coverage for GACC, its agents, representatives, employees, or subcontractors and Special Event participants, attendees and spectators. The insurance policy must be a Commercial General Liability Insurance Policy with combined single limits of liability for bodily injury and property damage of not less than $500,000 for each occurrence if the estimated attendance of the Special Event is up to a total of 4,999 persons, and $1,000,000 for each occurrence if the estimated attendance is a total of 5,000 persons or more. Failure of the GACC to maintain the required coverage is a breach of this Item No.6 City Secretary's use only contract and shall not relieve the GACC of any other contractual responsibility or obligation. Each policy shall name the City as an additional insured and provide that there will be no alteration or modification which reduces coverage in any way prior to 30 days written notice being given to the City. A copy of a certificate of insurance shall be filed with the City's Secretary. Item No.6 City Secretary's use only Amendment; Termination This Agreement may not be amended or terminated except pursuant to a written instrument signed by both parties. Notice Notice as required by this Agreement shall be in writing delivered to the parties via U.S. certified mail, return receipt requested, at the addresses listed below: City of Anna Natha Wilkison, City of Anna City Secretary 111 N. Powell Parkway Anna, Texas 75409 GACC Sara Cox, GACC President 807 Interurban Street Anna, Texas 75409 Each party shall notify the other in writing within 10 days of any change in the information listed in this section. No Waiver of Immunity Nothing in this Agreement waives any governmental immunity available to the City under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Entire Agreement This Agreement represents the entire and integrated Agreement between the City and GACC and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Governing Law and Venue This Agreement shall be governed by the laws of the State of Texas as to interpretation and performance. Any and all legal action necessary to enforce this Agreement shall be brought in a court of competent jurisdiction in Collin County, Texas or in the United States District Court for the Eastern District of Texas, Sherman Division. Item No.6 City Secretary's use only Severability The provisions of this Agreement are severable. In the event that any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement shall be found to be contrary to the law, or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of this Agreement. Contract Interpretation This Agreement is the result of negotiation between the parties, and shall, in the event of any dispute over the meaning or application of any portion thereof, be interpreted fairly and reasonably, and not to be more strictly construed against one party than another, regardless of which party originally drafted the section in dispute. Force Majeure If a party is prevented or delayed from performing any of its obligations hereunder due to a natural or manmade event or condition not caused by such party and beyond such party's reasonable control, then such party's performance of those obligations shall be suspended until such time as the event or condition no longer prevents or delays performance. If any event or condition results in the creation of amounts of refuse in excess of ordinary amounts, then the parties shall discuss, but shall not be bound to conclude, terms and conditions for collection of those excess amounts. Assignment It is understood and agreed that GACC shall not assign, sublet, or transfer any of the rights and duties under the terms of this Agreement without the prior written approval of the City. Effective Date This Agreement shall be effective upon the date first stated herein, and performance of such Agreement shall begin as soon thereafter as practicable. IN WITNESS WHEREOF, City and GACC have executed this Agreement. WA Sara Cox Greater Anna Chamber of Commerce Philip Sanders City Manager Item No.6 City Secretary's use only RetLit °n form with Deposit to: Public Works kept. 3223 N. Dowell Pkwy Anna, TX 75409 972-9244510 Type of Event: ❑Carnival ElCircus 1514estival ❑Parade ❑Tent ❑Other Applicant Name: Address: City i° ,l it Mate, jar Zip Code: ` C Vic, � — Phone#. Email: " �j i c�C? % ti'P({ <.`?�`i'r 7 i. v i r ft (.4' Flit G Date: :�`Noi:e:_tl7plications must be filed at least 30 days in advance. Applitcation Fee $50 (non-refundable) Deposit $300 (refundable) 19`Same Information As Above (if not the same, complete the next two lines) Issue Deposit Refund To (`;` AL2( Address: City: State: Zip Code t w Reservation Time LIocl:: ,� �^# _}j w'ry{ T e of Activity (explain purpose of activity): Estimated Number of People Attending Activity, 1 , 0 „ Reservation Location. Will Food and/or Leverages be on�sito,for the activity? es Cl No y �` 1C :.� agreement intenueu nclusive as is permitted by the laws of the state of Texas, and that if any portion forceeld invalid, then it is agreed that the balance shall, notwithstanding, continue in full egal effectm I do solemnly swear (or affiirm} that all the answers given and statements made on Phis application and supporting documents are full, true, and correct to the best of my knowledge and beliefs. I have been given a copy of the Anna City Code ordinance Part II, Article 47 and have read the provisions contained therein and agree to abide by them. Applicant Nam Date: Submittal Requirements: �. Completed application with signatures and contact information. 2. Submit application fee ($50) and deposit ($300). (Ord. No. 490-2008; Checks payable to the City of Anna) 3. Map of Event area. 4. List of food and beverage vendors and/or copy of current license from vendor. 5. Statement of Intent to obtain Insurance and/or Proof of Insurance. ( A copy of the Certificate of Insurance is due a minimum of one week before event start date) 6. Letter of request if alcohol is desired. Return this form along with you deposifi fio: Public Warks Dept. 3223 North Powell Pkwy. Anna, Texas 75409 972-924-4510 el Date A licafion & De osit Received $300 : Date A lication Fee Received $50 Received B : Received B : Cash or Check # Cash or Check # Receipt #: Receipt #: _ Required Documents Rec'd: _ ❑ Completed Application ❑ Insurance ❑ Food Vendor List ❑ Sound System ❑ Map ❑ Alcohol Request (optional) ❑ Other, ❑ Other: ❑ Approved by: ❑Permit Issued Date: Assign Date of Parks Board Review of Application: (put date in blank) and notify Applicant. a Y{OUR} IiOME'['OW 1V Council Meeting: June 26, 2012 Account Code #: Budgeted Amount: Item No. 7 Ciry Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Cit•�ger Exhibits: X Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding approving a Resolution authorizing acquisition of a drainage easement including negotiation with the property owner and potential use of eminent domain to condemn easement along FM 455. (City Manager) SUMMARY: In order to prepare of the upcoming expansion and reconstruction of FM 455, the City of Anna has been asked to acquire an additional drainage easement located just east of Natural Springs Park along FM 455. The attached resolution authorizes Staff to negotiate with the affected property owner for the donation or purchase of the required easement. It is likely that we will use a third party agent to negotiate on our behalf. If Staff is unable to acquire the easement through negotiation, we will come back to the Council to receive specific authorization to use eminent domain to complete the acquisition process. RECOMMENDATION: Staff recommends approval of the attached Resolution. State Law requires specific language to be used in a motion to approve this type of Resolution. The specific language is attached. MOTION for Drainage Easement Resolution "I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire the easement totaling 0.053 acres as described in Exhibit A, which is attached to the resolution that is the subject of this agenda item (insert agenda item number), with said easement description being incorporated into this motion as if stated verbatim, for the public use of constructing, laying, maintaining, repairing and/or replacing drainage system improvements." CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF 0.053 ACRES OF REAL PROPERTY, MORE OR LESS, FOR A PERMANENT DRAINAGE EASEMENT; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID PROPERTY BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN; PROVIDING AN EFFECTIVE DATE. WHEREAS, there is a need to provide drainage system improvements to benefit the City of Anna, its citizens and general health, safety and welfare; and WHEREAS, it is necessary to acquire certain easements not now held by the City of Anna for such drainage system improvements; and WHEREAS, it is necessary to delegate authority to pursue negotiations for the acquisition of said easements and/or to pursue the easements under power of eminent domain; and WHEREAS, the City Council ("Council") of the City of Anna, Texas ("City") finds that a public necessity exists for acquisition of a permanent drainage easement comprising 0.053 acres of real property, more or less, which is more particularly described in Section 2 of this resolution, for the purposes of installation, maintenance, replacement, or repair of drainage improvements benefiting the public health, safety and welfare; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANNA, TEXAS, THAT: Section 1. Incorporation of Recitals; Purpose 1.01 The above -stated recitals are incorporated herein as if set forth in full for all purposes. 1.02 This resolution is intended to comply in all respects with Texas Government Code § 2206.001, et seq., Texas Local Government Code § 251.002 and Texas Property Code § 21.001 et seq., to the extent the provisions of such statutes are applicable. 1.03 The Council, by this resolution, intends, if necessary, to exercise the City's powers of eminent domain under Texas Local Government Code § 251.001. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 3 Section 2. Property to be Acquired 2.01 The necessary permanent drainage easement sought to be acquired will affect a tI act totaling approximately 0.053 acres of real property (collectively, the "Property"), held by single owner. Said approximate 0.053 acres of real property are generally aligned and are described in Exhibit A which is attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. Section 3. Finding of Public Necessity and Authorization to Take Action 3.01 The Council finds a public necessity for the public welfare and convenience to acquire the easement identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing drainage system improvements. The Council authorizes the City Manager, City staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, to acquire the needed Property by any lawful means including but not limited to negotiations with landowners and, if necessary, proceedings in eminent domain. 3.02 The Council by this resolution directs the City Manager, his staff, and Wolfe, Tidwell & McCoy, LLP, attorneys —as necessary and in the appropriate sequence —to have the Property appraised by a certified appraiser, to send the landowner(s) a copy of the landowner's bill of rights statement, to enter into good -faith negotiations with the landowner(s), to make a bona -fide offer and make any necessary final monetary offers in an attempt to acquire the permanent utility easements, waterline easements, and/or wastewater line easements on and under the affected Property consistent with the appraisal, when appropriate, and to convey the City's desire to acquire an easement through the Property in an efficient manner, and, if necessary, to institute proceedings in eminent domain and take all necessary actions in such proceedings to condemn and acquire the Property. The Council hereby authorizes and ratifies any such actions taken thus far. Section 4. Effective Date. This resolution shall take effect immediately upon its passage. PASSED by the City Council of Anna, Texas, this day of 2012. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 3 ATTESTED: City Secretary, Natha Wilkinson APPROVED: Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 3 OF 3 County: Highway: City of Anna, Collin FM 455 Texas EXHIBIT "A" Description for Drainage Easement Page 1 of 3 January 16, 2012 BEING 23317 square feef of land, more or less, in the Joseph Schluter Survey, Abstract Number 856, City of Anna, Collin County, Texas, and being pail of that certain called 19.991 acre tract of land in a deed to Jaynes Allen Mann, Jr,, and wife Marjorie Dianne Mann, as recorded in Document Number 93-0108070 of the Official Public Records of Collin County, Texas (Mann Tract); said 2,317 square feet of land being more particularly described by the metes and bounds as follows: COMMENCING at a found 5/8-inch iron rod with cap for the Southwest corner of the remaining portion of said Mann Tract and an ell corner in the North boundary line of that certain called 19.329 acre tract of land described in a deed to The City of Anna, as recorded in Document Number 20060714000982730 of the Official Public Records of Collin County, Texas (City Tr act); THENCE North 00° 57' 41" West with the cornrnon line between said Mann Tract and said City Tract, a distance of 230.60 feet to a 5/8-inch iron rod with plastic cap stamped "Dannenbaum Engineering" set for the PLACE OF BEGINNING, same being the Southwest corner of the herein described Drainage Easement; 1) THENCE North 00° 57' 41" West with the common line between said Marrn Tract and said City Tract, a distance of 39.91 feet to a 5/84nch iron rod with aluminum disk stamped "TxDOT"-found for the Southwest corner of an existing Drainage Easement, as recorded in Document Number 20110816000862120 of the Official Public Records of Collin County, Texas; 2} THENCE South 890 1$' S6" East, departing the common line between said Mann Tract and said City Tract and crossing said Mann Tract with the South line of said existing Drainage Easement, a distance of 58.90 feet to a 5/$4nch iron rod with plastic cap stamped "Dannenbaum Engineering" set for corner; 3) THENCE South, departing the South line of said existing Drainage Easement and continuing across said Mann Tract, a distance of 39.20 feet to a 5/8-inch iron rod with plastic cap stamped "Darmenbauin Engineering" set for the Southeast corner of the herein described Drainage Easement; 4) THENCE West, confirming across said Mann Tract, a distance of 58.24 feet to the PLACE OF BEGINNING arrd containing 2,316 square feet (0.053 Acres) of land, more or less. EXHIBIT "A" Continued County: Collin Highway: FM 455 City of Anna, Texas Description for Drainage Easement Notes: Survey plat to accompany this legal description. Page 2 of 3 January 16, 2012 Basis of Beatings is aline between CORS Station TXAR (North 6,962,112.4020 East 2,411,057.5050 Grid Coordinates) and TXDE (North 6,978,860.0908 East 2,529,861.8823 Grid Coordinates), North American Datum 1983 (1993), which is North 81 degrees 58 minutes 33 seconds East — Texas State Plane, North Central Zone {4202). All coordinates shown are surface unless otherwise noted and may be converted to grid by dividing by the TxDOT combined scale factor of 1.0001527104 I, Michael Dan Davis, a Registered Professional Land Surveyor in the State of Texas, Hereby certify that the land description and plat represent an actual survey made on the ground under my supervision. Michael Dan Davis ri Registered Professional Land Surveyor No. 4838 Dannenbaum Engineering Company Fort Worth — LLC MICHAEL DAN DAVIS 1421 Camp Bowie Boulevard, Suite 400, Fort Worth, Texas 76116 9 "' "' Ir 4838 Office: 817-7634883, Fax: 817-377-2956 9�0 Fps s to O� � Rv S� F T o D U F F A U EXHIBIT a• SURVEY ,IJOHN Co FARRrS SURVEY ABSTRACT Noo 288 ABSTRACT No.331 ..z :�- ` ' (t> LOT '�2 �';,' i I SETTLERS': WAY RUDMAN PARTNERSHIP I BLOCK 'A, q';' . i (-(1 CAB, P, P;G. 967 VOL. 3346, PG. 76'A e.All DRAINAGE IF; � Cn �� � 0. P. R• C I C. T, f "• - EASEMENT`{ I1 nE I -- 0. P• R• C. C. T. EXISTING RIGHT ---- - -' I <:�.. (, OF WAY LINE 1 I;: <<.: O aai A;, 1.1 I - , i I`t (� : J air I LOT 32 , r, 1' i I Q BLOCK B 'ow :i I // 1 I --,' t i, G' LF ---- i I't i !L i ;: -.. PIP, Ill. _r,.. i T �.—`_ , _:.. L ...-- - , _........s t.-_. FIFIF IFFIF IF.• ... yO: 'PT •PQ 96i i < : R1GHT-OF-RAY F. 44FOUND 4;0. P, R, C. S. T. ��' . -_: "CAtI�'A, PG. 961 STATE OF TEXAS ve 261 5%'� Z -- ____ _ _ '-- '-- O.P R [-�. r. - - STATE 0 T ent In Go Peter a 0 .. .....,.__......__- _—•. • .- -- .. - .:.__. ------ STATE *. iEkd 41%.....::- - 7 22 ;: c .__l. ! SLAT '4F. !Yl `'`-•'J. ......... .... .__... - _---______- IF Apt �41 Or 0 S S .. ... .. ... „ 3E•• i i00t. •?PIIAO`1�000862 80 —> -.__. ........ ...... .._—. ___ _______ __ ___ — _ _ `l•'•FE Ill. t.p. RIGN7-0i•YrCY-�-- �L% _._10'.��_.-_TY�..... - �I' f �,-. -.-..rpleFFIF, pe IF FILL SAB 2007, PG, 221 I._.; ,.....:. _. s.. _!.:- -,•y-. TAiE OF __\_' _... is - —:.� .__. r a. r ! , •"' .- `-�T 7(b07---..::3 _ 7ExA5_i''.`-: .,..-,_- _——ter_-_—�:�p..-._.__��___._ . ` r '' CAP ooc. • 20110816006062110 _ t Fouiro . — - i . r, r _ - . t 1 O. P. A. t.t ��'"t_. STATE OF TEXAS ORAIHACE EASEUEHII _ , I EXISTING RIGHT t' TADOi 59918'S6"E ooc.. 20n0816009e62120 J l i i 2 CAP O.P.R.C,C.T. OF WAY LINE jT58• ', i EXISTING RIGHT Q of i 1 OF WAY LINE jIMT. �_-- '. .Y - _ � � Oh Pob - sourH 39.2a AUI OZONE :-AD,DI-TION- ��Ja,�. o epr CAB. 2007 t 1q a�'a• ti t T O R N WEST56,24' G. PAGE 22T....--- j ���i�aa c,• z,co�FIL 0. PA R. C. Co T. --- c~cJ�"� 4r O:OQ :LLOU1 REMAINDER BLOCK A �oo°jp• 00VI a j JAMES ALLEN MANN, I, ti >01 AND WIFE Plar 0 °• MARJORIE DIANNE MANN 0 0 N DOCUMENT NUMBER 0 93-0108070 WINDMILL SELF STORAGE L.P. a O. P, R. C. C. T. AND JOE MARK ELLIOT DOCUMENT NUMBER 20060622000865650 Zz 0. P, RA C. Co T. sN014 Fri Notes: Lego1 descrlpflon fo accompany fh's survey sketch. BASIS OF BEARINGS IS A LINE BETWEEN COBS STATION TXAR fN 6,962,112.9020, £ 2.9Il,057.5050 GRIDIAND CORS STATION TXDA fN 6.978,860,09C6, E 2,529,861,8823 GR1D1. N,A,D, 83, WHICH IS NORTH 8r58'33'EAST-TEXAS PLANE / COORDINATE SYSTEM, NORTH CENTRAL ZONE f42024 (`1 ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRID BY DNIDING BY TXDOT CONVERSION FACTOR 14000152710, Page 3 of 3 LEGEND � •Monument found 'os noted' Q `Iron rod w/ plosNc cop stamped •Dannenbaum Englneerlrg• POC - Place Of Commencing P08 - Place Of Beginning Ji • Property Line SL • Survey Llne ,v • Fee Hook 0. R. R, C. C. T. • Offlolo/ Pubflc Records, CoIlln County, Texas : MICHACL DAN DAVIS Pc : 4.838 9gU R p'�o� ; JOSEPH SCHLUTER SURVEY ABSTRACT Noo 856 0 50 l00 150 SCALE IN FEET DRAINAGE EASEMENT In the Joseph Schluter Survey Abstract No. 856, Collin County, Texas Owners: James Allen Mann Jr. and wife Marjorie Dianne Mann 2,317 Square feet or 0.053 acres ENGINEERING CO. - FT. WORTH, LLC T.B,P.L.S. REG. NUMBER 101188-02 6421 CAMP BOWIE BOULEVARQ• SUITE 400 FORT WORTH, TEXAS 76116 (817)763--8883 1_ CITY OF ANNA, TEXAS Council Meeting: June 26I 2012 Account Code #: n/a Budgeted Amount: n/a Item No. 8 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Jessica Perkins Exhibits: X_ Yes No AGENDA SUBJECT: Consider/Discuss/Action approving an Ordinance regarding an Internet and Social Media Policy. (Jessica Perkins) SUMMARY: Social Media sites like facebook and twitter are great tools to push information out to the public. Staff intends to set up a facebook site and utilize twitter more often. The attached amendments to the Internet and Social Media Policy will help to ensure that the city's website and social media sites remain non-public forums (like a blog). STAFF RECOMMENDATION: Staff recommends you approve the resolution. CITY OF ANNA TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA TEXAS, REPEALING CURRENT INTERNET WEBSITE POLICY AND ADOPTING AN INTERNET WEBSITE AND SOCIAL MEDIA POLICY TO ESTABLISH REGULATIONS FOR THE DEVELOPMENT, OPERATION, AND ADMINISTRATION OF THE CITY'S WEBSITE AND SOCIAL MEDIA PLATFORMS AND TO ENSURE THAT THE CITY'S WEBSITE AND SOCIAL MEDIA PLATFORMS REMAIN NON- PUBLIC FORUMS SUBJECT TO THE CITY'S EXCLUSIVE USE AND CONTROL WHEREAS, the City Council ("City Council") of the City of Anna, Texas ("City") has determined that new regulations should be established for the development, operation, and administration of the City's Website and Social Media Platforms and to ensure that the City's website and social media presence remain non-public forums subject to the City's exclusive use and control; and WHEREAS, the City Council finds that the purposes of the City's website and social media presence are as follows: a. To provide a convenient and information -rich resource for residents, visitors, businesses, non-profit organizations, schools, other public agencies, and to access their City government. b. To provide information and resources that contributes to the health, safety and welfare of the citizens of, and visitors to, the City of Anna; c. To contribute to the improvement of City services, foster economic development, and enhance the sense of community wn the City. d. To establish and strengthen long-term partnerships between the City and individuals and entities in the public and private sectors where such partnerships further the public health, safety and welfare. e. To provide information about the City and its local services in a manner that is as manageable, efficient, and organized as possible. f. To provide an opportunity and means to supply businesses and individuals contemplating locating or moving to the City with an opportunity to see and hear first hand why persons who call the City home enjoy living there. g. To provide an opportunity and means to create a personalized face for the City to display to citizens, businesses, governmental agencies, or individuals who may have heard about the City or are curious about the City but have yet to visit there or meet anyone who calls the City home. City of Anna, Texas Ordinance No. Page 1 of 3 h. To provide a visual repository of personalized observations of the City's history, present-day community life and business environment. To encourage and generate civil pride and foster a sense of community among its residents. j. To provide a readily available image and/or video pool of real -world spokespersons for City marketing and recruitment materials and purposes. k. To create awareness of and reinforce the City's unique municipal brand; and WHEREAS, the City Council has determined that it is in the best interest of the City and its citizens to adopt the Internet Website and Social Media Policy attached hereto as Exhibit A, which is incorporated herein by reference for all purposes. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The determinations, findings and recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Repeal of Policy and Adoption of New Policy. City of Anna Ordinance No. 427-2009 is hereby appealed in its entirety. The City Council hereby adopts the policy attached to this ordinance as Exhibit "A" and incorporates same herein by reference to be the City of Anna's Internet Website and Social Media Policy. Section 3. Severability. It is hereby declared to be the intention of the City, that sections, paragraphs, clauses, and phrases of this ordinance are severable, and if any section, paragraph, clause or phrase of this ordinance 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 ordinance since the same would have been enacted by the City without the incorporation in this ordinance of any such unconstitutional or illegal section, paragraph, clause or phrase. Section 4. Passage. This ordinance shall be in full force and effect from and after the date of its passage. PASSED AND APPROVED by the City Council of the City of Anna, Texas this the day of , 2012. City of Anna, Texas Ordinance No. Page 2 of 3 ATTESTED: City Secretary, Natha Wilkison APPROVED: Mayor, Mike Crist City of Anna, Texas Ordinance No. Page 3 of 3 EXHIBIT "A" CITY OF ANNA INTERNET WEBSITE AND SOCIAL MEDIA POLICY 1. Purpose. The purpose of the City of Anna Internet Website and Social Media Policy ("Policy") is to establish regulations for the development, operation, and administration of the City Website and Social Media Presence(s) (collectively, "Programs"), and to ensure that these Programs remain as non-public forums subject to the City's exclusive use and control. The purposes of the City's website are as follows: a. To provide a convenient and information -rich resource regarding the City for residents, visitors, businesses, non-profit organizations, schools, and other public agencies. b. To provide information and resources that contributes to the health, safety, and welfare of the citizens of, and visitors to, the City of Anna. c. To contribute to the improvement of City services, foster economic development, and enhance the sense of community within the City. d. To establish and strengthen long-term partnerships between the City and individuals and entities in the public and private sectors where such partnerships further the public health, safety, and welfare. e. To provide information about the City and local services in a manner that is as manageable, efficient, and organized as possible. f. To provide an opportunity and means to supply businesses and individuals contemplating locating or moving to the City with an opportunity to see and hear firsthand why persons who call the City home enjoy living and/or working here. g. To provide an opportunity and means to create a personalized face for the City to display to citizens, businesses, governmental agencies, or individuals who may have heard about the City or are curious about the City but have yet to visit or meet anyone who calls the City home. h. To provide a visual repository of personalized observations of the City's history, present-day community life and business environment. i. To encourage and help generate civic pride and foster a sense of community among the City's residents. j. To provide a readily available image and/or video pool of real -world spokespersons for City marketing and recruitment materials and purposes. k. To create awareness of and reinforce the City's unique municipal brand. I. To provide a convenient means by which the City can transmit information to the public at large. m. To establish awareness of and reinforce the City's unique municipal brand within various and increasingly prevalent communication platforms. n. To establish an additional mechanism by which the City can disseminate important information to the public during emergency situations. o. To complement and increase awareness of the City's website. 2. Policy. The City shall operate and maintain the City Website and engage in use of Social Media Platforms as provided in this Policy. 3. Definitions. The following definitions shall apply to this Policy: a. "City Website" means the official City Website available at www.annatexas.gov., and any additional domain name(s) that the City acquires for official City use. b. "External Website" means a website maintained by a third party, and not by the City. c. "External Link" is a hyperlink from the City Website or City Social Media content to an External Websitquo d. "Security Measures" means practices for protection of physical configuration and environmentI software, information -handling processes, and User practices. e. "User" or "Users" means an individual or individuals who access the City webpage through the Internet or who access City information provided through any Social Media Platform. f. "Social Media" means the various electronic communication systems established for the purposes of mass communications and/or social networking, including the third -party services of Twitter, Linkedln, Facebook, and MySpace. g. "Social Media Account" and "Social Media Presence" means and includes the electronic data, user profile, login, or other similar means of controlled access and designations of content authorship, which are associated with an individual or entity in order to facilitate the use of a Social Media Platform, website, computer software, mobile telephonic device application, or other interface mechanism for mass communication. h. "Social Media Platform", "Social Media Software", "Social Websites", and "Mass Communication Platforms" all mean the websites, internet services, computer software, mobile telephonic device applications, and other electronic interface mechanisms used to access and interface with Social Media, and includes both those interfaces which are or may be owned by the City and those which are owned and/or operated by any third party. i. "Social Link" means any reference, group association, External Link, or other social networking connection (including but not limited to "friends lists", "circles "follows", "networks", "likes/dislikes" etc.) that is accomplished by some method within the control of a Social Media account holder. 4. Emergency Service Requests Requests for emergency services, such as those seeking assistance from police, firefighting, or EMS/ambulance services should NOT be directed to the City Website or any City Social Media Presence. Persons needing immediate help should contact 9-1-1 or request such emergency services by some other recognized and reliable method. 5. Non -Public Forum Status. The City Website and any Social Media account established by the City are non- public forums. While the City encourages the public to use these mechanisms to access information and resources, the City expressly reserves the right to impose certain restrictions on the use of the City's Website and its Social Media Accounts. The City Website is reserved for the exclusive control of the City for the purposes of one-way communication to Users of the City Website. Neither the City Website, nor any Social Media Platform associated with an authorized City Social Media Account, shall be used to facilitate a general debate, public discourse or the free exchange of ideas; all of these services are restricted to only those users authorized by the City. 6. Authority of City Manager. a. The City Manager or his or her designee shall have the sole authority and responsibility for the implementation of this Policy. The City Manager may also make interpretations on issues that are not clearly articulated or not included in this Policy, so long as the City Manager's discretion is exercised in a manner consistent with the stated purposes of this Policy. b. Only the City Manager, or the City Manager's authorized designee, shall be authorized to perform any of the following functions: create, establish, register, or otherwise initiate any Social Media Account on behalf of the City or which appears to be established by the City, or to use any Social Media Platform in such fashion; ii. modify the content of any City Social Media Account; to set, remove, or otherwise modify any User -controlled settings associated with a City -associated Social Media Account; iv. publish any information on a Social Media Platform on the City's behalf, or in any fashion which could be attributable to the City; v. create, destroy, or modify a Social Link to the Social Media Account of any other person or entity; vi. use any function of a Social Media Platform which states (or implies) an opinion or position held by the City regarding any person or entity; or vii. modify the City Website or any City Social Media Platform. c. This Policy will be posted on the City Website for review by the public at any time. If technologically feasible, any Social Media Account established by the City will include a copy of this Policy or a link to this Policy published on the City Website. d. Questions or comments regarding any subjects or issues addressed in this Policy may be directed to: City of Anna Attn: City Manager P.O. Box 776 Anna, TX 75409 7. Privacy. a. The City is sensitive to the privacy interests of the Users of the City Website and that of Users accessing any City Social Media Platform and believes that the protection of those interests is important. The City 's goal in collecting personal information online is to provide the User with the most personalized and effective service possible. By understanding the User's needs and preferences, the City may provide Users with improved service. The City strives to protect online personal information in the same manner that the City protects citizen and business information obtained through other means. The following information explains the City 's policy regarding any personal information supplied when using the City Website or accessing City Social Media content. b. City Website Privacy Policy: When you visit the City of Anna Website, we use automated tools to log information about each visit. We process this information in the aggregate to determine site performance issues, such as popular pages, most frequently downloaded forms, and other site performance characteristics. This information does not identify you personally. We do not track or record information about individuals and their visits. c. Social Media Privacy Policy: By their nature, Social Media Platforms are accessible by a vast number of persons and entities over which the City has no control. We may use automated tools to log information about visitors to City Social Media Accounts and associated websites. We process this information in the aggregate to determine Social Media Platform issues, such as popular posts or messages, links established with Social Media Accounts, tracking information which originated from a City Social Media Account and is retransmitted by other parties, and other usage information. However, we cannot guarantee that the information available to the City or a third party through a particular Mass Communication Platform will not identify you personally. To determine whether or not personally identifiable information will be accessible to the City or a third party when interfacing with a City Social Media Account, you must refer to the privacy policies and terms of use applicable to each Social Media Platform. We will not track or record information about individuals and their visits, except to the extent required by law. d. Sensitive Communications: Visitors to the City Website, and those interacting with or accessing the City's Social Media Presences, are hereby notified that any information provided to the City by either means may not be maintained confidentially by the City. Information received by the City by any person through a Social Media Platform or the City Website may be later shared with third parties, particularly when such information is subject to disclosure under the Texas Public Information Act or other law. Any person wishing to communicate confidentially with the City or any City official, officer, or employee should first contact the City to determine the appropriate channel for such communication, prior to revealing any sensitive material that they do not wish shared with third parties. City employees are prohibited from using any City Social Media Account to transmit or otherwise allow access to any information to which the City employee has any special right or ability to access or any information which is maintained confidentially by the City. e. Disclaimer: While every effort is made to keep information provided over the Internet accurate and up-to-date, the City of Anna does not certify the authenticity or accuracy of such information. No warranties express or implied, are provided for the content, records and/or mapping data herein, or for their use or interpretation by the User. f. The City of Anna, its elected officials, officers, employees, and agents assume no legal responsibilities for the information or accuracy contained in this data, including any action taken from reliance on any information contained herein and shall have no liability for any damages, losses, costs, or expenses, including, but not limited to attorney's fees, arising from the use or misuse of the information provided herein. The User's use thereof shall constitute an agreement by the User to release the City of Anna, its elected officials, officers, employees and agents from such liability. g. By accessing the City WebSlte or Social Media Presence and using any information therein, the User is stating that the above Disclaimer has been read and that he/she has full understanding and is in agreement with the contents. 8. Security. The City Website applies Security Measures to protect the loss, misuse and alteration of the information under the City's control. From time to time, Security Measures may be upgraded or otherwise modified to meet changing needs. While the City endeavors to keep secure all information it receives via the City Website, the City cannot guarantee the security of the information. The City may or may not have full control over Security Measures associated with its Social Media Accounts, and those Security Measures may be subject to control by fully independent service providers. While the City endeavors to keep secure all information it receives via Social Media, the City cannot guarantee the security of the information. Users should refer to the individual Social Media Platform's terms of use, privacy policy, and security policies for more information. 9. External Links and Social Links. a. The City has a legitimate interest in limiting persons or organizations that might be linked to the City Website or be associated with the City's Social Media Presence(s). The City may exercise discretion to ensure that the links to these services are consistent with the purpose of this Policy, as set forth in Section 1. Neither the City Website nor the External Links listed on the City Website constitute a forum for expressive activity by members of the public. No City Social Media Account, City Social Media Presence, or any method of displaying information associated with a City Social Media Presence constitute a forum for expressive activity by members of the public; nor do the City's use or nonuse of Social Links constitute a forum for any expressive activity by members of the public. Information, Social Links, or External Links may be excluded from the City Website or City Social Media Presence where such additional material would create visual clutter, disorganization, or otherwise interfere, as determined at the sole discretion of the City, with the City's intended content. b. Each proposed External Link on the City Website or Social Link to a City Social Media Account shall be reviewed to determine its relevance and appropriateness to the purpose of the City Website or Social Media Presence. The City Manager or his or her designee shall review the merits of the proposed External Link or proposed Social Link based upon the stated purposes of this Policy, as set forth above in Section 1.e. A proposal for an External Link or proposed Social Link will not be denied based solely on the viewpoint espoused by the individual, entity, or the content of the External Website. c. The City Website and City Social Media Accounts will not provide External Links to websites or create Social Links with other persons or entities that: i. promote or exhibit hateful ideas or content, unlawful discrimination, obscenity, pornography, libel, or defamation; have a primary purpose of furthering the agenda of a political organization or a candidate running for office (regardless of the political viewpoint), or defeating any candidate for elective office, . violate any of the City's equal opportunity policies or nondiscrimination policies; iv. consist of personal home pages operated by individuals; or v. are used in whole or part as a public forum to facilitate a general debate, public discourse, or the free exchange of ideas. d. The City may provide External Links or Social Links to certain private commercial sites that maintain and display government -related information which fulfills the purposes of the City Website as set forth in Section 1, and which is not generally available through a governmental agency due to the cost of compiling, maintaining and/or displaying such information. To support the cost of compilation and maintenance of this information, these private commercial sites may include advertising or promotional material in the information display. Accordingly, External Links or Social Links to such sites which contain this information, but also display commercial advertising or promotional material, may be included within the City Website or Social Media Presence when the City Manager or his or her designee has made a good faith determination that: i. the City's independent replication of the information targeted for linkage is infeasible due to financial or other considerations; ii. no non-commercial site provides the information targeted for linkage; and, iii. the information targeted for linkage greatly enhances the usefulness of the City Social Media Presence or the City Website and services it provides. e. The City reserves the right to determine whether, how and where External Links and/or Social Links will appear on the City Website. 10. Application for External Link or Social Link. To request the addition of an External Link to the City Website, or to create a Social Link between a City Social Media Account and a Social Media Account of another person or entity, the applicant shall send the relevant URL, address, website description and purpose, identity and contact information of the site owners and operators, a brief statement as to how the proposed website or Social Media Association fulfills the purpose of the City Website or Social Media Presence as set forth in Section 1. Contact information shall include name, phone number and email address sent to: City of Anna Attn: City Manager P.O. Box 776 Anna, TX 75409 11. Disclaimer of External Links and External Websites. a. The information posted on the City Website includes hypertext External Links to information created and maintained by other public and/or private organizations. The City's Social Media Content may also include hypertext External Links or other information referring Users to non -City content. The City provides these links solely for the User's information and convenience. b. When the User selects an External Link to an External Website, the User leaves the City Website or City Social Media Content and is subject to the privacy and security policies of the owners/sponsors of the External Website. c. The City does not control or guarantee the accuracy, relevance, timeliness or completeness of information contained on an External Website accessed through the City Website or City Social Media Content by External Link. d. The City does not endorse or recommend any third party website, product, service, view, or opinion, unless expressly noted. e. The City does not authorize the use of copyrighted materials contained on External Websites. f. The City is not responsible for transmissions from External Websites or Social Media Accounts held by any other person or entity. 12. Final Decision. The decision to post or not post content and/or links on the City Website or via Social Media resides solely with the City Manager or his or her designee. The decision of the City Manager or his or her designee is final and binding. Under no circumstances will individuals or entities be entitled to compensation or damages in the event that the City Manager or his or her designee directs the City to include or exclude the content or link. 13. Links to the City of Anna's Website and Social Media Accounts. Advance permission to link to the City Website or Social Media Accounts is not necessary. However, the City Manager or his or her designee has complete discretion to accept or reject any Social Link, by use of a Social Media Platform feature or otherwise, between a City Social Media Presence and any other Social Media Account or website. No person is entitled to have a proposed Social Link and the decision of the City Manager (or his or her designee) whether or not to accept any proposed association is final. The decision by the City Manager (or his or her designee) to accept or reject a proposed association or Social Link shall not constitute any comment by the City on any material, person, or entity referenced. Any party linking to the City Website or Social Media Account should be aware that the site construction and subpages, whether maintained by the City or a service provider, may change at any time without notice. Individuals and entities linking to the City Website shall not capture pages within frames, present the City Website content as its own, or otherwise misrepresent the City Website's content or misinform Users about the origin or ownership of its content. Any link to the City Website should be a full forward link that passes the User's browser to the City Website unencumbered. The web browser's "back" button should return the User to the originating site if the User wishes to back out. 14. Posting of Events. Information regarding community events may be posted on the City Website or broadcast using Social Media, so long as the posting of such information is consistent with the purposes set forth in Section 1, and meets any applicable criteria for External Links, as set forth in Section 9. While the City Manager or his or her designee may consider suggestions of events to post on the City Website or to communicate to the public via Social Media Platforms, the decision of the City Manager or his or her designee is final and binding. 15. Accessibility. The City Website is intended to be accessible to people with disabilities. Requests for reasonable accommodations relating to equal access to communication, or other issues relating to City Website or City Social Media accessibility, should be directed to: City of Anna Attn: City Manager P.O. Box 776 Anna, TX 75409 16. No Warranty or Representation. The City's web servers) are maintained to provide public access to City information via the Internet. The City's web services and the content of its web servers and databases are updated on a regular basis. While the City attempts to maintain the information contained within the City Website and associated with its Social Media Presences as accurate and timely, the City does not warrant or make representations or endorsements as to the quality, content, accuracy, or completeness of the information, text, graphics, hyperlinks, and other items within Social Media content or its website, whether contained on its server or any other server. Materials on the City Website or published through Social Media Platforms have been compiled from a variety of sources, and are subject to change without notice from the City as a result of updates, corrections, and third party provider modifications. The City may decide at any time to withdraw content from its website or terminate one or all of the Social Media Accounts it might establish under this Policy, and should it choose to do so, that content or information may not be readily available by other means. Any User seeking up -to -the - moment information, including but not limited to the content of the Code of Ordinances, City of Anna, Texas, should contact the City Secretary. 17. Brands, Service Marks, Trademarks and Copyright. To the extent allowed by the Public Information Act and otherwise legally permissible, commercial use of web materials is prohibited without the written permission of the City. All brands, service marks, trademarks, and copyrighted material shown or referenced herein are the property of their respective owners. The City retains copyright on the City's brand, logo, trademark, seal, all text, graphic images, and other content, unless otherwise noted. No person or entity may use the City brand, logo, trademark, seal, or copyrighted material without approval of the City Council. No person or entity shall engage in any of the following conduct without written permission from the City Manager or his designee: (a) modify and or use the text, images or other City Website content from a web server, (b) distribute the City's web content, and (c) "mirror" the City's information on a non -City server. 18. Notice to the City. Communications through the City Website, by a -mail or otherwise, or communications employing Social Media shall in no way be deemed to constitute legal notice to the City of Anna or any of its agencies, officers, employees, agents, or representatives, with respect to any existing or potential claim or cause of action against the City or any of its agencies, officers, employees, agents, or representatives. No communication through the City Website or by means of Social Media shall be deemed to constitute legal or official notice for any purpose. 19. Errors, Omissions, Warranty, Damages, The City of Anna is neither responsible nor liable for any viruses or other corruption or contamination of a User's system due to access of the City Website or Social Media Platforms used by the City, nor for any delays, inaccuracies, errors or omissions arising out of the User's access to said services or with respect to the material contained on the City Website or Social Media Accounts, including without limitation, any material posted on the City Website or within a City Mass Communication. The City Social Media Presence, the City Website, and all materials associated with either or both are distributed and transmitted "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. The City is not responsible for any special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, any Social Media Platform or access mechanism or the City Website and/or the materials contained on the City Website, whether the materials contained on the City Website or Social Media Platform are provided by the City of Anna or a third party. 20. Indemnification. TO THE EXTENT P WEBSITE AND/OR ACCOUNTS, THE l HARMLESS THE CI REPRESENTATIVE EXPENSES, INCLU OF THE USER'S U; TO THE CITY OR U INFORMATION COI PLATFORMS, ACCESSING OR INTERFACINt ISER AGREES TO DEFEND IN TY OF ANNA, ITS AGENCIES AND AGENTS FROM AND A DING BUT NOT LIMITED TO K �E OF SOCIAL MEDIA OR ASS SE OF THE CITY WEBSITE OF �JTAINED ON THE CITY WEBSI J, BY USING THE CITY JVITH CITY SOCIAL MEDIA EMNIFY, AND HOLD =FICERS, EMPLOYEES AINST ALL CLAIMS AND ORNEY'S FEES, ARISING OU I all C�Z�I Council Meeting:_ June 26, 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: Philip Sanders Date Prepared: 6-21-12 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. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §5510072), acquisition of park property. b. 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). Anticipated litigation with Amazing Solar Solutions. 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: June 26 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: Philip Sanders Date Prepared: 6-2 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action on any agenda for June 26, 2012 City of Anna Workshop Session occurring during this Regular Meeting, as necessary. SUMMARY: RECOMMENDATION: items listed on posted or any closed session Council Meeting: June 26 2012 Account Code #: N/A Budgeted Amount: N/A AGENDA SUBJECT: Adjourn. SUMMARY: Item No. 11 City Secretary's use wily City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 6-21-12 Exhibits: ❑Yes ❑ No RECOMMENDATION: Staff recommends a motion to adjourn.