Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
CCpkt2012-10-09
Y{OUR} IiOMETOWN CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP October 9, 2012 6:30 p.m. —Anna City Hall Administration Building The City Council of the City of Anna will meet in Workshop Session at 6:30 p.m., October 9, 2012, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), regarding the following items. 1. Call to Order 2. Roll Call and Establishment of Quorum. 3. Presentation/Briefing regarding new utility billing format. (Clayton Fulton) 4. Presentation/Briefing regarding temporary parking area at Geer Park. (James Parkman). 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. 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; "City of Anna v. City of Weston, Cause No. 380-02570- 2011, in the 380th District Court of Collin County, Texas"; "City of Anna v. Walmat Inc., et al.; Cause No. 429-00288-2009, in the 429th District Court of Collin County, Texas"; social media policy; Open Meetings Act. b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of park land and acquisition of utility easements. I. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified tinder 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 hvo working days prior to the meeting so that appropriate arrangements can be made. 10-09-12 CC Regular Meeting Agenda.doc Posted 10-OS-12 c. discuss or deliberate personnel matters: City Secretary Annual Review. (Tex. Gov't Code §551.074); The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 6. Consider/Discuss/Action on any items listed on posted agenda for October 9, 2012 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. 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., October 5, 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. ]0-09-12 CC Regular Meeting Agenda.doc 2 Posted ]0-05-]2 Y{OUR} HOMETOW N CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING October 9, 2012 7:30 p.m. —Anna City Hall Administration Building The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., October 9, 2012, at the Anna City Hall Administration Building, located at I I I North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order. 2. Invocation and Pledge of Allegiance. 3. Citizen comments. Citizens are allowed 3 minutes to speak. The Coamcil is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 10-09-12 CC Regular Meeting Agenda.doc 3 Posted 10-05-12 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 September 25, 2012 Regular Meeting. b. Approve the Site Plan for "Love's Travel Center. (Maurice Schwanke) c. Approve Resolution approving Contract Amendment for EMS Services. (City Manager) d. Approve a Resolution authorizing the City Manager to enter into an Interlocal Agreement with the Harris County Department of Education for the Choice Partners Purchasing Cooperative. (Clayton Fulton) 6. Consider/Discuss/Action adopting a Resolution directing publication of notice of intention to issue combination tax and revenue certificates of obligation for waterworks and sewer system improvements; and resolving other matters relating to the subject. (Clayton Fulton) 7. Consider/Discuss/Action regarding a Resolution approving an Engineering Contract with Birkhoff, Hendricks & Carter for water system improvements. (City Manager) 8. Consider/Discuss/Action regarding a Resolution approving an Engineering Contract with Birlchoff, Hendricks & Carter for wastewater system improvements. (City Manager) 9. Consider/Discuss/Action regarding a Resolution approving an Engineering Contract with Birlchoff, Hendricks & Carter for wastewater treatment plant improvements. (City Manager) 10. Consider/Discuss/Action adopting an Ordinance regarding policies for Social Media. (Jessica Perkins) 11. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). Anticipated litigation with Amazing Solar Solutions; "City of Anna v. City of Weston, Cause No. 380-02570- I. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified tinder 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. ]0-09-12 CC Regular Meeting Agenda.doc 4 Posted 10-05-12 2011, in the 380'h District Court of Collin County, Texas"; "City of Anna v. Walmat Inc., et al.; Cause No. 429-00288-2009, in the 429th District Court of Collin County, Texas"; social media policy; Open Meetings Act. b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of park land and acquisition of utility easements, c. discuss or deliberate personnel matters. City Secretary Annual Review. (Tex. Gov't Code §551.074); The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 12. Consider/Discuss/Action on any items listed on posted agenda for October 9, 2012 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 13. 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., October 5, 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. ]0-09-12 CC Regular Meeting Agenda.doc 5 Posted 10-05-12 Y{OURJ HOMETOWN CITY COUNCIL MEETING SIGN IN SHEET 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. y{OVg} gOMETOWN Council Meeting: October 9, 2012 Account Code #: N/A Budgeted Amount: 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: 10/3/12 Exhibits: Q Yes ❑ No AGENDA SUBJECT: Presentation/Briefing regarding new utility billing format SUMMARY: The FY 13 budget includes funding for the Utility Billing office to provide frill size 8.5" X 11" billing statements that include a payment coupon and a return envelope. The statements will include a historical graph of water consumption and allow for customizable messages from the UB offices. We anticipate that the new statements will provide a convenience to our water customers with the payment coupon and return envelope. We also anticipate the new statements will be easier to read. Staff plans to roll out the new statements for the bills mailed on November 14th. RECOMMENDATION: None CITY OF SAMPLE P.O. BOX 424 SAMPLE, US 56789-1234 **SINGLE -PIECE 1 SGL t.USA.U115.1-A-1 4 1 SP 0.410 Ilnlllh��l�lllll�lllll�lllll���hllllllllllll�l�rl�ll����lllllhlnlll JOHN Q SAMPLE 12345 W MAIN STREET SAMPLE US 56789-1234 CURRENT ACCOUNT ACTIVITY Type Previous Current Usage ELEC 3000 25011 22011 GAS 85 238 154 WTRN 368 372 4,000 CURRENT CHARGES ELECTRIC.......................................................................13.84 GAS...................................................................................8.50 WATER............................................................................15.00 RECYCLE.......................................................................20.00 SEWER.............................................................................2.00 GARBAGE......................................................................17.55 MDUSTAX........................................................................1.50 RECYCLETAX.................................................................0.84 GARBAGETAX................................................................0.35 DETAILS ON FILE...........................................................4.65 TOTAL...........................................................................$59.84 PREVIOUS BALANCE ................................................$ 71.93 PAYMENTS....................................................................$ 0.00 Total Amount Due Now $131.77 Total amount due after 12/28/12.................................$141.77 ACCOUNT STATEMENT for the period of Nov. 11, 2012 to Dec. 16, 202 Customer Number: 9999-99999-99 Service Address: 12345 W MAIN STREET Account Number Dinre D��ate���� Amount Due �:1rtiiftiii.7 Questions about your Statement Customer Service.............................555-555-5555 Payments..........................................555-555-5555 Email ...................... utilitybilling@CityofSample.org Office Hours Monday -Friday ............................8a.m. - 4 p.m. Drop box located in front of City Hall YOUR MONTHLY USAGE z000 7600 tzoo soo 400 � � ;. o Sep Oct Nov Den Jan Feb Mar Apr May Jun Water , Electric � Gas IMPORTANT MESSAGE Comment Area 1 Comment Area 2 Payment Coupon —Detach and return along with your payment and make your check payable to the City of Sample �� Account Information � � � ® - ®" � � � Account Number: 9999-99999-99 9999-99999-99 12/28/2012 $131.77 Service Address: 12345 W Main Street Last Payment: 11/07/2012-112.35 Service Period: 11/11/12 to 12/16/12 Billing Date: 12/17/12 John Q Sample 12345 W Main Street Sample, US 56789-1234 Total amount due after 12/28/12.................................$141.77 Encolosed: � � ❑ ❑ Return this coupon with your payment made payable to ��Illlll���l�lllll�lllll�lllll���llllllllllllll�l�l�l�ll����llllll�lull� CITY OF SAMPLE UTILITY BILLING P.O. BOX 123 SAMPLE, US 56789-1234 ©DP2 Billing Solutions LLC 2011 f:64 CITY OF SAMPLE P.O. BOX 424 SAMPLE, US 56789-1234 �*SINGLE-PIECE 1 SGL t•USA•0115.1-A-1 4 1 SP 0.410 I IfIIII���I�IIIII�IIIII�IIIII���hIIIIIIIIIIII�I�I�I�II����Pllll�lnlll JOHN Q SAMPLE 12345 W MAIN STREET SAMPLE US 56789=1234 PAST DUE NOTICE Customer Number: 9999-99999=99 Service Address: 12345 W MAIN STREET C�uestions about your Statement Customer Service ........................................ 555.555-5555 Payments ..................................................... 555-555-5555 Email .................................. utilitybilling@CityofSample.org Office Hours Monday -Friday ............................................ 8 a.m. - 4 p.m. Drop box located in front of City Hall MADE,IF PAYMENT HAS BEEN DISREGARD THIS NOTICE. Please remit balance due of $4:: • by 07/01/2012 or -rvice at 12345 W Main Street will be disconnected, Payment MUST be in by • on 06/29/2012. Failure to pay may subjectyour bill to a service charge plus an increased deposit. Call 555�555�5555 if you wish to contest this bill. No further notice will be given. If you disagree with the amount due or desire to discuss a payment plan, contact the Utility Service Office before the date printed on this notice. Payment Coupon —Detach and return along with your payment and make your check payable to the City of Sample Enc� sed: � � � ❑ Return this coupon with your payment made payable to ��IPIII���I�IIIII�IIIII�IIIII���IIIIIIPIIIIII�I�rrll����pnll,lulu CITY OF SAMPLE UTILITY BILLING P.O. BOX 123 SAMPLE, US 56789-1234 uuiuuuimiuuiiuiuimiu Council Meeting: October 9, 2012 Account Code #: N/A Budgeted Amount: N/A Item No. 4 WS City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: James Parkman Date Prepared: 10-04-12 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Presentation/briefing regarding temporary parking area at Greer Park. (James Parkman) SUMMARY: RECOMMENDATION: Council Meeting: October 9, 2012 Account Code #: N/A Budgeted Amount: N/A AGENDA SUBJECT: SUMMARY: RECOMMENDATION: Call to order. Item No. 1 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 10-04-12 Exhibits: ❑Yes ❑ No r� Council Meeting: October 9, 2012 Account Code #: N/A Item No. 2 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 10-04-12 Budgeted Amount: N/A Exhibits: ❑Yes AGENDA SUBJECT: Invocation and Pledge of Allegiance. SUMMARY: RECOMMENDATION: ❑ No Council Meeting: October 9, 2012 Account Code #: N/A Budgeted Amount: N/A Item No. 3 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 10-04-12 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Citizen Comments. Citizens ar°e alloi��ed 3 rrrinrrtes 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. f.Y11►/1►/ /•�7•� RECOMMENDATION: Council Meeting: October 9, 2012 Account Code #: N/A Budgeted Amount: N/A Item No. 4 Ciry Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 10-04-12 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. f.Y11►�1►�I:�T RECOMMENDATION: Y;OUR} gOMETUWN Council Meeting: October 9 2012 Account Code #: N/A Budgeted Amount: N/A Item No. 5 (a Al City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 10-04-12 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consent Items. These items consist of non -controversial or 'housekeeping" items r•egzrired by late. Items may be considered individitally by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Minutes for September 25, 2012 Regular Meeting. b. Approve the Site Plan for "Love's Travel Center. (Maurice Schwanke) c. Approve Resolution approving Contract Amendment for EMS Services. (City Manager) d. Approve a Resolution authorizing the City Manager to enter into an Interlocal Agreement with the Harris County Department of Education for the Choice Partners Purchasing Cooperative. (Clayton Fulton) RECOMMENDATION: Staff recommends approval of the consent items. MINUTES OF CITY OF ANNA AGENDA NOTICE - CITY COUNCIL WORKSHOP September 25, 2012 6:30 p.m. —Anna City Aall Administration Building The City Council of the City of Anna met in Workshop Session at 6:30 p.m., September 25, 2012, at the Anna City Hall Administration Building, located at I I I North Powell Parkway (Hwy 5), regarding the following items. 1. Call to Order Mayor Mike Crist called the meeting to order at 6:30 pm. 2. Roll Call and Establishment of Quorum. Mayor Mike Crist and Council Members James T. Cook, John Geren, Nathan Bryan and Becky Glover were present. Council Member John Hopewell was absent. 3. Briefing on proposed water and sewer projects. City Manager, Philip Sanders presented the item to council and introduced Gary Hendricks with Birkhoff, Hendricks & Carter, L.L.P., Professional Engineers who briefed council on proposed water and sewer projects. Council Member Geren made the motion to enter closed session at 7:20 in. Council Member Glover seconded the motion. Motion passes. NAY 0 ABSTAIN 0 4. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). Anticipated litigation with Amazing Solar Solutions; "City of Anna v. City of Weston, Cause No. 380-02570-2011, in the 380t" District Court of Collin County, Texas"; "City of Anna v. Walmat Inc., et al.; Cause No. 429-0028&2009, in the 429th District Court of Collin County, Texas"; NTMWD wastewater customer status request. 09-25-12 CC Regular Meeting Minutes.doc 1 09-25-12 b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of park land and acquisition of utility easements. c. discuss or deliberate personnel matters: City Secretary Annual Review. (Tex. Gov't Code §551.074); d. 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): discussion regarding an Economic Development Incentive Agreement for a business looking to locate in Anna. 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. Mayor Crist made the motion to return to open session at 7:29 pm. Council Member Glover seconded the motion. Motion passes. AYE 5 NAY 0 5. Consider/Discuss/Action on any items listed on posted agenda for September 25, 2012 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. Mayor Crist made the motion to take no action. Council Member Geren seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 6. Adjourn. Council Member Cook made the motion to adjourn at 7:32 pm. Mayor Crist seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 ATTEST: APPROVED: Natha Wilkison, City Secretary Mike Crist, Mayor 09-25-12 CC Regular Meeting Minutes.doc 2 09-25-12 MINUTES OF CITY OF ANNA AGENDA NOTICE — CITY COUNCIL REGULAR MEETING September 25, 2012 7:30 p.m. —Anna City Hall Administration Building The City Council of the City %J Anna met in Regular Session at 7:30 p.m., September 25, 2012, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a recor°d of attendance. If you i-vish 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 Crist called the meeting to order at 7:32 pm. 2. Invocation and Pledge of Allegiance. Mayor Crist 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 thread to the public health and safety of people in the municipality that has arisen after the posting of the agenda. City Manager, Philip Sanders introduced Fire Chief Tim Gothard to council. Police Chief Jenks mentioned National Night Out is Tuesday, October 2, 2012. 09-25-12 CC Regular Meeting Minutes.doc 3 09-25-12 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 August 28, 2012 Regular Meeting. b. Approve City Council Minutes for September 4, 2012 Special Meeting. c. Issue a Proclamation regarding National Night Out, October 2, 2012. (Chief Jenks) d. Approve a Resolution authorizing the appointment of an Emergency Management Coordinator. (City Manager) e. Approve a Resolution amending the EDC FY 2012 Budget. (Jessica Perkins) f. Approve a Resolution amending the CDC FY 2012 Budget. (Jessica Perkins) g. Approve the Preliminary Plat of West Crossing Phase III. (Maurice Schwanke) h. Approve a Resolution determining not to update land use assumptions, capital improvements plan, or impact fees and directing publication of notice of same. (City Manager) i. Approve a Resolution approving a Project Agreement with the Anna Community Development Corporation. (Jessica Perkins) j. Approve a Resolution authorizing the submission of a Texas Community Development Block Grant Program application to the Texas Department of Agriculture for sewer improvements. (City Manager) lc. Approve a Resolution committing matching funds in support of activities proposed in a Texas Community Development Block Grant Program application to the Texas Department of Agriculture for sewer improvements. (City Manager) 1. Approve a Resolution approving an annual sponsorship agreement between the EDC and the Greater Anna Chamber of Commerce. (Jessica Perkins) m. Approve a Resolution approving an annual sponsorship agreement between the CDC and the Greater Anna Chamber of Commerce. (Jessica Perkins) n. Review P & Z Minutes of April 2, 2012. o. Review P & Z Minutes of May 7, 2012. p. Review P & Z Minutes of May 21, 2012. q. Review P & Z Minutes of June 11, 2012. r. Review P & Z Minutes of August 6, 2012. 09-25-12 CC Regular Meeting Mimdes.doc 4 09-25-12 Mayor Crist asked to break out item 5(g). Council Member Geren made the motion to approve all consent items except item 5 (g). Council Member Bryan seconded the motion. Motion passes. Andrew Michrina spoke on item 5 (g). Mayor Crist complimented staff on handling Mr. Michrina situation promptly. Council Member Glover made the motion to approve item 5 (g). Council Member Geren seconded the motion. Motion passes. AYE 5 NAY 0 6. Consider/Discuss/Action regarding proceedings for certain properties. south of West White Street, East Slayter Creek. (Maurice Schwanke) ABSTAIN 0 a Resolution initiating annexation This property is generally located of Ferguson Parkway, and west of Maurice Schwanke, Director of Planning and Development presented the item to council and answered questions. Council Member Geren made the motion to approve. Council Member Glover seconded the motion. Motion passes. AYE 5 NAY 0 '7. Consider/Discuss/Action adopting an agreement and settlement agreement Attorney) ordinance approving a boundary with the City of Weston. (City City Attorney, Clarlc McCoy presented the item to council and recommended approval. Mayor Crist made the motion to adopt an ordinance approving a Boundary Contract with the City of Weston adjusting the boundaries and extraterritorial jurisdiction of Anna and Weston, subject to approval as to form by the City Attorney, Council Member Glover seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 8. Consider/Discuss/Action adopting a resolution approving settlement agreement related to City of Anna v. Walmat Inc. et al., Cause No. 429- 0028&2009, in the 429t" District Court of Collin County, Texas. (City Attorney) City Attorney, Clarlc McCoy presented the item to council and recommended approval Mayor Crist made the motion to adopt a resolution authorizing settlement in the City of Anna v. Walmat lawsuit, subject to approval of the 09-25-12 CC Regular Meeting Minutes.doc 5 09-25-12 settlement agreement as to form by the Anna City Attorney, Council Member Bryan seconded the motion. Motion passes. I� NAY 0 ' ► 1 9. Consider/Discuss/Action regarding a Resolution approving a Development Agreement for acquisition of property for Slayter Creek Trail. (City Manager) Philip Sanders, City Manager presented the item to council. Council Member Bryan made the motion to approve. Council Member Geren seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 10. Consider/Discuss/Action regarding a Resolution awarding bid for Slayter Creek Park Phase II. (City Manager) Philip Sanders, City Manager presented the item to council and answered questions. Council Member Glover made the motion to approve. Council Member Bryan seconded the motion. Motion passes. NAY 0 ABSTAIN 0 11. Consider/Discuss/Action regarding a Resolution approving Change Order No. 1 with Parkscape Construction Inc. (City Manager) Philip Sanders, City Manager presented the item to council. Council Member Geren made the motion to approve. Council Member Glover seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 12. Consider/Discuss/Action regarding a Resolution awarding bid for Slayter Creek Trail Phase II. (City Manager) City Manager, Philip Sanders presented the item to council. Council Member Glover made the motion to approve. Mayor Crist seconded the motion. Motion passes. ffkkrAV AYE 5 ABSTAIN 0 13. Consider/Discuss/Action regarding a Resolution authorizing the purchase of field lighting for Slayter Creels Park. (City Manager) 09-25-12 CC Regular Meeting Minutes.doc 6 09-25-12 City Manager, Philip Sanders presented the item to council. Mayor Crist made the motion to approve. Council Member Glover seconded the motion. Motion passes. AYE 5 NAY 0 Council Member Cook asked to revisit item 11. Council Member Cook had concerns regarding shortening the net in the outfield to protect against balls going out in to the parking lot. Council Members discussed the issue. Council Member Cook made the motion to exclude the fencing change from the change order (item 7). Mayor Crist seconded the motion. Motion passes. AYE 5 ABSTAIN 0 14. Consider/Discuss/Action regarding a Resolution authorizing the use of eminent domain to condemn private property owned by Chan C. Chung and/or others for water and wastewater utilities associated with alterations to F.M. 455 in the City. (City Manager) Philip Sanders, City Manager presented the item to council. Mayor Crist made the motion that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 618 square feet of land, more or less, in the Granderson Stark Survey, Abstract Number 798, City of Anna, Collin County, Texas, and being part of that certain called 0.2718 acre tract of land described in a deed to Chan C. Chung, as recorded in Volume 5965, Page 2924 of the Official Public Records of Collin County, Texas, said 618 square feet of land being more particularly described by the metes and bounds description set forth in Exhibit "A" to this resolution, which I incorporate in full into my motion, for a waterline and wastewater line easement. Council Member Cook seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 15. Consider/Discuss/Action regarding a Resolution authorizing the use of eminent domain to condemn private property owned by Charles K. Green and/or others for water and wastewater utilities associated with alterations to F. M. 455 in the City. (City Manager) City Manager, Philip Sanders presented the item to council. Council Member Cook made the motion that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 1,247 square feet of land, more or less, in the Granderson Stark Survey, Abstract Number 798, City of Anna, Collin County, Texas, and being part of that certain called 0.275 acre tract of land described in a deed to Charles K. Green, as recorded in Volume 5858, Page 3868 of the Official Public Records of Collin County, Texas, said 1,247 square feet of land being more particularly described by the metes and bounds 09-25-12 CC Regular Meeting Minutes.doc 7 09-25-12 description set forth in Exhibit "A" to this resolution, which I incorporate in full into my motion, for a waterline and wastewater line easement. Mayor Crist seconded the motion. Motion passes. AYE 5 NAY 0 16. Consider/Discuss/Action regarding an Resolution adopting use classification for "Private Event/Meeting Hall " (Maurice Schwanke) Maurice Schwanke, director of Planning and Development presented the item to council and answered council members questions. City Attorney, Clark McCoy answered question concerning TABC and alcohol use at the facility. Joyce Logue spoke in favor of the classification. Council Member Geren made the motion to approve. Council Member Bryan seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 17. Consider/Discuss/Action regarding a Resolution casting votes for the TMLIEBP Board of Trustees election. (Clayton Fulton) Clayton Fulton, Director of Finance presented the item to council. Council Member Geren made the motion to nominate Gale A. Sims. Mayor Crist seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 18. Consider/Discuss/Action regarding a Resolution casting votes for the TMLIRP Board of Trustees election. (Clayton Fulton) Clayton Fulton, Director pro presented the item to council. Mayor Crist made the motion to nominate Greg Ingham for Place 11. Council Member Cook seconded the motion. Motion passes. AYE 5 NAY 0 Mayor Crist nominated Pete Gonzalez for Place 12. Council Member Glover seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 Mayor Crist made the motion to nominate Byron Black for Place 13. Council Member Coolc seconded the motion. Motion fails. AYE 2 (CC Cook and Mayor Crist) NAY 3 09-25-12 CC Regular Meeting Minutes.doc 8 09-25-12 Council Member Bryan nominated Keith Olson for Place 13. Council Member Geren seconds the motion. Motion passes. AYE 3 NAY 2 (CC Cook and Mayor Crist) ABSTAIN 0 Mayor Crist nominated Cynthia Kirk for Place 14. Council Member Geren seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 19. Staff briefing on the Wildfire Network. (Chief Jenks) Chief Jenks presented the item to council. Council viewed a short video on the Wildfire Network. Council was receptive to the idea of a security system around the city's parks and trails. Council Member Glover made the motion to enter closed session at 8:49 pm. Council Member Bryan seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 20. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 5515 the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). Anticipated litigation with Amazing Solar Solutions; "City of Anna v. City of Weston, Cause No. 380-02570-2011, in the 380t" District Court of Collin County, Texas"; "City of Anna v. Walmat Inc., et al., Cause No. 429-00288-2009, in the 429th District Court of Collin County, Texas"; NTMWD wastewater customer status request. b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of park land and acquisition of utility easements, c. discuss or deliberate personnel matters. City Secretary Annual Review. (Tex. Gov't Code §551.074); d. 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 09-25-12 CC Regular Meeting Minutes.doc 9 09-25-12 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): discussion regarding an Economic Development Incentive Agreement for a business looking to locate in Anna. 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 Bryan made the motion to return to open session at 9:40 pm. Council Member Geren seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 21. Consider/Discuss/Action on any items listed on posted agenda for September 25, 2012 City of Anna Workshop Session or any closed session occurring during this Regular Meeting, as necessary. Council Member Geren made the motion to take no action. Mayor Crist seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 22. Adjourn. Mayor Crist made the motion to adjourn at 9:41 pm. Council Member Cook seconded the motion. Motion passes. AYE 5 ATTEST: NAY 0 Natha Wilkison, City Secretary APPROVED: Mike Crist, Mayor 09-25-12 CC Regular Meeting Mirnites.doc ]0 09-25-12 Council Meeting: October 9, 2012 Account Code #: N/A Budgeted Amount: N/A Item No. 5 M) City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanke Date Prepared: 10/02/12 Exhibits: ■Yes ❑ No AGENDA SUBJECT: Approve the Site Plan for "Love's Travel Center. SUMMARY: This property is zoned "C-2". Love's Travel Stop has submitted this site plan for several reasons. With the proposed widening of West White Street TXDOT is acquiring additional right -of --way for the road along the northern edge of the Love's property as identified by the Blue line (See attached exhibit). The yellow markings on the map are the existing curb lines for the parking and drive-thru lane for Carl's Jr. Restaurant. Love's is proposing to move the drive-thru lane south as shown by the red lines. Even though parking spaces are being removed, the majority of the site is parking and adequate spaces are provided. It should also be noted that an additional structure is shown on the plan that does not exist at this time. This facility is for a proposed indoor tire changing facility. PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning Commission recommended approval of the site plan unanimously at their meeting October 1, 2012. RECOMMENDED ACTION: The Staff is recommending approval of site plan. 66Z-ON 3NO1S 'r-, .a....e, dOlS 13AVIII M3N Yt a G Q a 0 :a RA Ycaux} xonn�'rowx Council Meeting: October 9, 2012 Account Code #: 10-544E Budgeted Amount: $114 800 Item No. 5 c City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: City Manager Exhibits: X Yes ❑ No AGENDA SUBJECT: Approve Resolution approving Contract Amendment for EMS Services. SUMMARY: The City currently contracts with Collin County for EMS service provided by AMR. The attached contract amendment sets the 2013 fiscal year EMS assessment at $110,445.67. These fees will be paid on a quarterly basis out of the General Fund Ambulance department budget. RECOMMENDATION: A copy of the 2013 County EMS contract amendment is attached. Staff recommends that the Council approve the contract amendment. CITY OF ANNA, TEXAS RESOLUTION NO. 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 AMENDMENT WITH COLLIN COUNTY FOR EMS SERVICES. WHEREAS, The City of Anna, Texas (the y") currently contracts with Collin County to provide EMS service within the City WHEREAS, the Collin County has proposed a contract amendment that sets the annual fee for EMS service for the 2013 fiscal year; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT. Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval and Authorization of Contract Amendment The City Council hereby approves the Contract Amendment attached hereto as Exhibit 1 for EMS Service, and authorizes, ratifies and approves the City Manager's execution of same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Contract. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 9th day of October 2012. Natha Wilkison, City Secretary APPROVED: Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 Office of the Purchasing Agent 2300 Bloomdale Road Suite 3160 McKinney, Texas 75071 www.col lincountytx.gov September 27, 2012 City of Anna Attn: City Manager 101 N. Powell Parkway Anna, TX 75409 Dear City Manager: Attached is your Fiscal Year 2013 conhact amendment for EMS Services. Fees were determined by the population per the enclosed 2012 Population for EMS Contract. Please execute both copies and return to the address at the top of this letter. A frilly executed original will then be returned to your City. Should you have any questions, please contact the Collin County Purchasing Department at sho - lg and a,co.collin.tx.us or (972) 5484104. Sincerely, `Y Sara Hoglund, CPPB Contract Administrator c: contract file CICI' •q �.7.Q1� r \ Office of the Purchasing Agent u Collin County Administration Building COLLIN COUNTY Contract Amendment Two (2) 2300 Bloomdale Rd, Ste 3160 N McKinney, TX 75071 972-548-4165 Vendor: City of Anna Contract Provide EMS City of Anna Attn: City Manager Contract No. 1014&09 101 N. Powell Parkway Anna, TX 75409 Effective Date 1-Nov-12 Awarded by Court Order No.: Contract Amendment Court Order No 1.: Contract Amendment Court Order No 2.: 2008-873-10-14 2011-153-03-12 _ YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENDMENT TO THIS CONTRACT 1. Payment for contract year November 1, 2012 through October 31, 2013 is $110,445.67. Payment will be made quarterly in three(3) equal installments of $27,611,41 and one (1) installment of $27,611.44 due per the agreement. Except as provided herein, all terms and conditions of the contract remain in full force and effect and may only be modified in writing signed by both parties. ACCEPTED BY: City of Anna (print name) 101 N. Powell Parkway Anna, TX 75409 SIGNATURE TITLE: DATE: ACCEPTED AND AUTHORIZED BY AUTHORITY OF COLLIN COUNTY COMMISSIONERS' COURT Collin County Administration Building 2300 Bloomdale Rd, Ste 3160 McKinney, Texas 75071 Michalyn Rains, CPPO, CPPB Purchasing Agent DATE: Office of the Purchasing Agent Collin County Administration Building Contract Amendment Two (2) 2300 Bloomdale Rd, Ste 3160 McKinney, TX 75071 972-548-4165 Vendor: City of Anna Attn: City Manager 101 N. Powell Parkway Anna, TX 75409 Awarded by Court Order No.: Contract Amendment Court Order No 1.. Contract Amendment Court Order No 2.: Contract Provide EMS City of Anna Contract No. 10140-09 Effective Date 1-Nov-12 2008-873-10-14 2011-153-03-12 YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENDMENT TO THIS CONTRACT 1. Payment for contract year November 1, 2012 through October 31, 2013 is $110,445.67. Payment will be made quarterly in three(3) equal installments of $27,611.41 and one (1) installment of $27,611.44 due per the agreement. Except as provided herein, all terms and conditions of the contract remain in full force and effect and may only be modified in writing signed by both parties. ACCEPTED BY: ACCEPTED AND AUTHORIZED BY AUTHORITY OF COLLIN COUNTY City of Anna COMMISSIONERS' COURT (print name) Collin County Administration Building 101 N. Powell Parkway 2300 Wool dale Rd, Ste 3160 Anna, TX 75409 McKinney, Texas 75071 SIGNATURE Michalyn Rains, CPPO, CPPB TITLE: Purchasing Agent DATE: DATE: O N N N O M O N F� a-i M U1 m a -I m M [t H M d: I� 00 h M M N 00 Ol N M W to M O O Ln lD H N Ln N I� M M N M rl Ln c-1 N lD W O a-i r{ (D O a-i 00 N r� 00 I� O �h N U 00 U) In <0 00 00 d H ri H r� LD (() (N rf) M U) N r-1 N to lD r i N N O d C 3 O U in t/} V). ilh i/? i/} L� i/} vi- in. tt � l^D N rq Rt w r w lM0 N cn v 00 }MIMI W U l0 w 'd a) O Ln T-I NLnN 1` 0 N M 3 i�-I C1' eMi lMD rli 0000 C � M M Q I d� U V). t/). t/? t/� i/} V/ l V), V), i/l. V)- l/? i/} 14 Gl "a_ K K o N a a a a a¢ a a¢ a a¢ 2 W g O + +_WEENE c c c c o U N N E N 0 V) co Z W W W W W Z W W W Z Z 00 L -I M le M to 00 ri 15 LN00O� t d OO 00 M 00 N � M ' M l N M D It O H N � a FOR o VI wJ `{ Co Ln 00 W N G 0 N N lO o 00 l!1 W a. lD p oal M^ M m e�-i 00 O C N rl N M c-I c1' r�to M N O C O ® 0 O' Z M D i^/} MEN d N L ® Q. CO OO N N lD `-I M M M r� 00 S d 'ch 4 lO r� qzt O I� r� n M lD N O I.., a. M 'ct 00 M M lD Ln N O CO 00 u rl fV N M e I tom{ %-i m cY 00 c I e 1 N at O N D w U ce W N Mir jx asms CJ 0 40 N 4 u IV cc�.G N C o NVI � JQ LL U NE NO QJ Imma m °J° OQm z a'_ aS I- F- IiOMETOWN Council Meeting: October 9, 2012 Account Code #: N/A Budgeted Amount: N/A Item No. 5 (d) City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Clayton Fulton Date Prepared: 10/3/12 Exhibits: Q Yes ❑ No AGENDA SUBJECT: Approve a resolution authorizing the City Manager to enter into an interlocal agreement with Harris County Department of Education for the Choice Partners Purchasing Cooperative, SUMMARY: Choice Partners Cooperative offers quality, legal procurement and contract solutions to meet government purchasing requirements. Staff at Choice Partners completes the legal, competitively bid government procurement process. Items available for purchase under the cooperative include the following: • Facilities planning and contracts • Supplies and service contracts • Food contracts • Technology products • Choice energy partners The Harris County Department of Education, located in Houston Texas, will enter into an interlocal agreement to provide membership in this cooperative at no cost to the City. RECOMMENDATION: Staff recommends that the Council approves a resolution authorizing the City Manager to execute a cooperative purchasing agreement with the Harris County Department of Education. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS REGARDING AN INTERLOCAL AGREEMENT FOR A COOPERATIVE PURCHASING PROGRAM WHEREAS, The City of Anna ("Anna") and the Harris County Department of Education ("HCDE") have determined a need for a cooperative agreement to purchase like goods and services to avoid duplicate procurement efforts and obtain the benefits of volume purchasing; WHEREAS, Anna and HCDE are authorized by Section 271.102 of the Local Government Code to pursue mutually beneficial and cooperative purchasing programs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: The City Council of the City of Anna herby approves the interlocal agreement, attached hereto as EXHIBIT 1, incorporated herein for all purposes and authorizes the City Manager to execute same on its behalf. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 9th day of October, 2012. APPROVED: Mike Crist, Mayor ATTEST: Natha Wilkison, City Secretary PAGE 1 OF 1 Municipality Master Service Interlocal Contract Between Harris County Department of Education &City of Pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code and Chapter 271, Subchapter F of the Texas Local Government Code, this Interlocal and Cooperative Purchasing Program Contract ("Contract") is made and entered into by and between the Harris County Department of Education ("HCDE"), located in Houston, Texas, and City of ("CITY"), located in Texas, for the purpose of providing services. Preamble HCDE is a local governmental entity established to promote education in Harris County, Texas and is also duly authorized to provide programs and services in the State of Texas. Both HCDE and CITY desire to set forth, in writing, the terms and conditions of their agreement. General Terms and Conditions In consideration of the mutual covenants and conditions contained in this Contract and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties intending to be legally bound agree as follows: 1. Term. This Contract is effective from the date of the last signature and shall automatically renew unless either party gives thirty (30) days prior written notice of non - renewal. This Contract may be terminated by either party with or without cause with thirty (30) days written notice. See other means of terminating the contract in Article 11, below. Any such notice shall be sent according to Article 8. 2. Agreement. The terms of this Contract shall apply and will be considered a part of any Addendum for programs and services delivered by HCDE. This Contract and the attached and incorporated Addendum, purchase orders, or exhibits, if any, contain the entire agreement of the parties and there are no representations, agreements, arrangements, or undertakings, oral or written, between the parties to this Contract other than those set forth in this Contract and duly executed in writing. 3. Purpose and Scope of Work. A. HCDE agrees to: ■ Provide CITY with subsequent independent contracts and/or descriptive offerings of each of the programs and services that HCDE provides through its respective divisions. ■ Provide services upon the submission of independent contracts or purchase orders within the HCDE divisions. ■ Conduct, as a minimum, an annual audit or survey, as appropriate, for each of the programs. B. CITY agrees to. ■ Participate in any or all of the services that HCDE has to offer. ■ Submit purchase order(s) or independent contract(s) for each of the programs it wishes to purchase and/or collaborate. ■ Agree to follow the terms and conditions of each independent contract or purchase orders for each of the programs. Municipality Master Service Interlocal Contract Page 1 of 3 Updated 06/23/09 ■ Assign the appropriate person to act as representative to each respective program delivered. 4. As is. HCDE makes this Contract available to HCDE participating entities as is and are under no obligation to revise the terms, conditions, scope, prices, and/or any requirements of the Contract for the benefit of CITY. 5. Assignment. Neither this Contract nor any duties or obligations entered in subsequent contracts because of this agreement shall be assignable by either party without the prior written acknowledgment and authorization of both parties. 6. Conflict of Interest. During the Term of HCDE's service to CITY, CITY, its personnel and agents, shall not, directly or indirectly, whether for CITY's own account or with any other person or entity whatsoever, employ, solicit or endeavor to entice away any person who is employed by HCDE. 7. Contract Amendment. This Contract may be amended only by the mutual agreement of all parties in writing to be attached to and incorporated into this Contract. 8. Notice. Any notice provided under the terms of this Contract by either party to the other shall be in writing and shall be sent by certified mail, return receipt requested. Notice to shall be sufficient if made or addressed as follows: Harris County Department of Education Attn: John E. Sawyer, Ed.D. County School Superintendent 6300 Irvington Blvd. Houston, Texas 77022 713-694-6300 City of _ Attn. _ Title: _ Address 1: Address 2: Phone: _ Email: 9. Relation of Parties. It is the intention of the parties that CITY is independent of HCDE and not an employee, agent, joint venturer, or partner %J HCDE and nothing in this Contract shall be interpreted or construed as creating or establishing the relationship of employer and employee, agent, joint venturer or partner, between HCDE and CITY or HCDE and any of CITY's agents. 10. Non -Exclusivity of Services. Nothing in this Contract may be construed to imply that HCDE has exclusive right to provide CITY these services. During the Term of Contract, CITY reserves the right to use all available resources to procure other professional services as needed and, in doing so, will not violate any rights of HCDE. 11. Termination. This Contract may be terminated prior to the expiration of the Term hereof as follows: ■ By CITY upon 30 days notice if the work/service is not provided in a satisfactory and proper manner after a remedy has been reported and discussed; ■ By mutual written agreement of the parties, upon thirty (30) days prior notice; or ■ By either party immediately if the other party commits a material breach any of the terms of this Contract and no remedial action can be agreed upon by the parties. Municipality Master Service Interlocal Contract Page 2 of 3 Updated 06/23/09 12. Master Contract. This Contract can be utilized as the Master Contract. The general terms and conditions in this Contract will serve to outline the working relationship between HCDE and the CITY. Both parties agree to allow the CITY to use any or all of the following programs and/or services with no charge from HCDE: Choice Partners Cooperative (CPC), Drug Testing Services and Fuel Cooperative, The CITY agrees to adhere to the terms and conditions set forth for the programs and/or services as contracted under these programs. All other programs and/or services provided by HCDE requiring a fee will need an addendum to the approved Master Interlocal Contract. The specific terms and conditions of the addendum will govern that individual contract. In the case of a conflict between the Master Contract and any addendum, the provisions of the addendum will govern. 13. Severability. In the event that any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions, and the Contract shall be construed as if such invalid, illegality, or unenforceable provision had never been contained in it. 14. Governing Law and Venue. This Contract shall be governed by and construed in accordance with the laws of the State of Texas. The mandatory and exclusive venue for the adjudication or resolution of any dispute arising out of this Contract shall be in Harris County, Texas. 15. Authorization. Each party acknowledges that the governing body of each party to the Contract has authorized this Contract. 16. Benefit for Si ng atory Parties On1X. Neither this Contract, nor any term or provisions hereof, not any inclusion by reference, shall be construed as being for the benefit of any party not in signatory hereto. In witness whereof, HCDE and CITY have executed this Contract to be effective on the date specified in Article 1. Term above: Name of City Authorized Signature Printed Name Title f Harris County Department of Education John E. Sawyer, Ed.D. County School Superintendent Date Municipality Master Service Interlocal Contract Page 3 of 3 Updated OG/23/09 HOMETOWN Council Meeting: October 9 2012 Account Code #: N/A Budgeted Amount: N/A Item No. 6 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Clayton Fulton Date Prepared: 10/3/12 Exhibits: Q Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action adopting of a resolution directing publication of notice of intention to issue combination tax and revenue certificates of obligation for waterworks and sewer system improvements; and resolving other matters relating to the subject. SUMMARY: In the Council workshop session held on September 25t1', our engineer discussed the need for upgrades to our water distribution system, upgrades to our waste water treatment plant, and construction of a sewer relief line. Engineers' estimates and financing costs have been evaluated and the estimated cost for these projects is $4.5 million. The attached resolution does not authorize the issuance of debt; rather it is a required "notice of intent" to issue certificates of obligation for $4.5 million. The amount contained in the notice is the maximum amount of debt the City will be able to issue for the water and waste water projects listed above. By publishing the notice of intent in October, the debt issue can be closed by the end of the calendar year making funds available in January 2013. RECOMMENDATION: Staff recommends that the Council approve the resolution. RESOLUTION NO. DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION FOR WATERWORKS AND SEWER SYSTEM IMPROVEMENTS; AND RESOLVING OTHER MATTERS RELATING TO THE SUBJECT THE STATE OF TEXAS § COUNTY OF COLLIN § CITY OF ANNA § WHEREAS, this City Council deems it advisable to give notice of intention to issue certificates of obligation of the City of Anna Texas (the "City"), as hereinafter provided; WHEREAS, the City expects to pay, or have paid on its behalf, expenditures in connection with the design, planning, acquisition and construction of the projects described on Exhibit A hereto (the "Projects") prior to the issuance of tax-exempt obligations for which a prior expression of intent to finance or refinance is required by federal or state law (collectively and individually, the "Obligations") to finance the Projects; WHEREAS, the City finds, considers, and declares that the reimbursement for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the City and, as such, chooses to declare its intention to reimburse itself for such payments at such time as it issues Obligations to finance the Projects; and WHEREAS, it is hereby officially found and determined that the meeting at which this Resolution was passed, was open to the public and public notice of Lite time, place, and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: 1. Attached hereto is a form of the Notice of Intention to issue Combination Tax and Revenue Certificates of Obligation, the form and substance of which is hereby adopted and approved. 2. The City Secretary shall cause said notice to be published in substantially the form attached hereto, in a newspaper, as defined by Subchapter C, Chapter 2051, Texas Government Code, of general circulation in the area of said City, once a week for two consecutive weeks, the date of the first publication thereof to be at least 30 days prior to the date tentatively set for the adoption of the ordinance authorizing the issuance of such Obligations as shown in said notice. 3. All costs to be reimbursed pursuant hereto will be capital expenditures. No Obligations will be issued by the City in furtherance of this Statement after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. 4. The foregoing notwithstanding, no Obligation will be issued pursuant to this statement more than three years after the date any expenditure which is to be reimbursed is paid. 5. This Resolution shall become effective immediately upon adoption. APPROVED AND ADOPTED this October 9, 2012 ATTEST: City Secretary [CITY SEAL] Mayor CITY OF ANNA, TEXAS NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION NOTICE IS HEREBY GIVEN that the City Council of the City of Anna, Texas, at its meeting to commence at 7:30 P.M. on November 27, 2012, at its regular meeting place in the City Hall Administration Building, 111 North Powell Parkway, Anna, Texas, tentatively proposes to adopt an ordinance authorizing the issuance of interest bearing certificates of obligation, in one or more series, in an amount not to exceed $4,500,000 for paying all or a portion of the City's contractual obligations incurred in connection with (i) acquiring, constructing, installing and equipping additions, extensions and improvements to the City's waterworks and sewer system; and (ii) legal, fiscal and engineering fees in connection with such projects. The City proposes to provide for the payment of such certificates of obligation from the levy and collection of ad valorem taxes in the City as provided by law and from a pledge of surplus revenues of the City's waterworks and sewer system, remaining after payment of all operation and maintenance expenses thereof, and all debt service, reserve, and other requirements in connection with all of the City's revenue bonds or other obligations (now or hereafter outstanding), which are payable from all or any part of the net revenues of the City's waterworks and sewer system. The certificates of obligation are to be issued, and this notice is given, under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271. CITY OF ANNA, TEXAS Council Meeting: October 9, 2012 Account Code #: Budgeted Amount: $271 600 Item No. 7 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Exhibits: X Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving a General Engineering Services — Task Authorization for water system improvements. SUMMARY: A number of years ago, the City of Anna helped fund the construction of a water line from McKinney to Howe that would allow the city to supplement our current groundwater supplies with surface from the North Texas Municipal Water District (NTMWD). Earlier this year, Staff presented a plan to the Council for the gradual blending of surface with our existing groundwater as warranted by growth. With the growth that is now occurring in the city it will soon be necessary to construct the improvements that will allow us to introduce surface water into our water system. Staff has asked our consulting engineer, Birkhoff, Hendricks &Carter, L.L.P., to give us a proposal for designing the construction plans for the required water system improvements. Our engineer estimates that the project will cost $2,360,000. The engineering proposal is for $271,600 which in included in the total project cost estimate. The money to pay for the engineering would be included in the bonds that will be issued by the City to pay for the total project. Money expended to pay for engineering services prior to the issuance of the project bonds would be reimbursed to the Water & Sewer fund balance. RECOMMENDATION: Staff recommends approval of the attached Resolution and General Engineering Services —Task Authorization. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING A GENERAL ENGINEERING SERVICES — TASK AUTHORIZATION FOR WATER SYSTEM IMPROVEMENTS WHEREAS, the City Council ("City Council") of the City of Anna, Texas ("City") has determined that the City is need of hiring an engineering firm to provide general engineering services to assist the City in its governmental functions to benefit the health, safety and welfare of the citizens and the general public; and WHEREAS, the City Council has previously determined, based on submissions received from various engineering firms, that the most highly qualified provider of such services on the basis of demonstrated competence and qualifications was Birkhoff, Hendricks & Carter, L.L.P.; and WHEREAS, with the growth that is now occurring in the city, it will soon be necessary to construct certain improvements that will allow the introduction of surface water into the city's water distribution system; and, WHEREAS, staff has received a Task Authorization from Birkhoff, Hendricks &Carter, L.L.P., for the design of construction plans for the required water system improvements; and, WHEREAS, money expended to pay for engineering services prior to the issuance of the project bonds would be reimbursed to the Water & Sewer fund balance; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of General Engineering Services —Task Authorization. The City Council hereby approves the General Engineering Services —Task Authorization for water system improvements attached hereto as Exhibit 1, and authorizes, ratifies and approves the City Manager's execution of same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Task Authorization. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 2 PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 9'" day of October, 2012, ATTEST: Natha Wilkison, City Secretary APPROVED: Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 2 BIRKHOFF, HENDRICKS &CARTER, L.L.P. PROFESSIONAL ENGINEERS 11910 Greenville Ave., Stlite 600 Datlas, Texas 75243 JOFIN N. BIRKHOFF, P.E. GARY C. HENDRICKS, P.E. JOE R. CARTER, P.E. PAUL A. CARLINE, P.E. MATT HICKEY, P.E. ANDREW NIATA, JR., P.E. JOSEPH T. GRAJENSKI, III, P.E. Mr. Philip Sanders City Manager City of Anna 1 I I North Powell Parkway Anna, Texas 75409 Fax (214) 46]-8390 Pllone (214) 361-7900 September 29, 2012 Re: General Engineering Services —Task AuthorizationOrder Surface Water Implantation — Phase I Water Distr bution System Improvements Dear Mr. Sanders IH accordance with your request and our existing general engineering services agreement, we are pleased to submit this General Services Task Authorization Order letter for services related to the preparation of specifications, bidding documents and contract administration for the Surface Water Implantation — Phase I Water Distribution System Improvements. GENERAL PROJECT DESCRIPTION This project consist of the construction of Phase I water distribution system improvements necessary to initiate the City of Anna's use of treated surface water through it's its existing agreement with the Greater Texhoma Utility Authority (GTUA). The project scope includes design of three (3) GTUA treated surface water take points off the existing GTUA potable water supply line. Each take point will deliver treated water to the existing City of Anna ground water production sites and blend the GTUA treated surface water with the City of Anna ground water in existing or proposed ground storage facilities. Improvements necessary for each take point are summarized as follows: I. South Grayson Take Point (Anna Well Site 7 & 8): a. Connection to GTUA Treated Water Supply Line. b. Approximately 600 Linear feet of 12-inch Water Supply Line. c. GTUA meter station. d. 500,000 gallon Ground Storage Reservoir. e. 1.5 MGD High Service Pump Station. 2. West Well No. 3 & 4 a1 Connection to GTUA Treated Water Supply Line. Mr. Philip Sanders General Services Task AuthorizationOrder: Surface Water Implementation — Phase I Water Dist. System Imp. September 29, 2012 Page 2 of 11 b. Approximately 5,350 Linear feet of 12-inch Treated Water Supply Line. I GTUA meter station. d. Connection to Anna's existing 300,000 Ground Storage Reservoir. 3. North 1Yell No. 2 a. Approximately 1,600 Linear feet of 12-inch Treated Water Supply Line. b. GTUA Meter Station. c. Connection to Anna's existing 30Q000 gallon ground storage reservoir. 4. South Well No. 1 & 5 a. Connection to GTUA Treated Water Supply Line. b. Approximately 2000 Linear feet of 12-inch Treated Water Supply Line. c. GTUA Meter Station. d. Connection to Anna's existing 300,000 gallon ground storage reservoir. A Project Location Map marked "Exhibit A" is attached hereto and made a part of this Task AuthorizationOrder. Based on our understanding of the project requirements, our opinion of probable project budget is summarized below: Opinion of Probable Construction: Quality Control and Materials Testing (2.0%): Construction Inspection Services (2.5%): Basic Engineering and Additional Services: Land Rights Acquisitions (2.3 acres): Total Project Budget: A copy of our itemized opinion of cost is attached as Exhibit B. 1942050 $ 38,850 $ 48,550 $ 27L600 $ 58,550 52,3599600 SCOPE of SERVICES Part I: Preliminary Engineering Report Prepare a preliminary engineering report that re -confirms or revises the assumptions, evaluation, conclusions and recommendations as presented to Anna City Council on February 28, 2012 and again on September 25, 2012. The engineering report will confirm the GTUA Potable Water Line tap locations, sizes of the water supply lines to each take point, the capacity and configuration of the new Terns American Public 11'orks Association 2010 Awardee Environmental Project of the Year $10 - $/00 Million I:kit}' namintndministration\wOtnkily eouncil4ity murnil\2012\IO-09-12\item 7 - nn4r s)'stem improvementsli0.tn 7 - c03U29 a201210°I snfacerealer implcmrntntion -4uA nuthorization format nn�,tear�llme.aoc�:vms�ameer� nn�zmzsnrra��nter�npt�,,,.,�wtinn�nrr<e��nt<rin�plan�nmtion-e�l:nntnn�tinnrn»ntn�roentenca«. TernsP'iriuRi26 Mr. Philip Sanders General Services Task AuthorizationOrder: Surface Water Implementation — Phase I Water Dist. System Imp. September 29, 2012 Page 3 of I 1 South Grayson High Service Pump Station; and provided provision of updated opinions of project cost. Part II: Design Phase Preparation of construction plans, specifications, bidding phase services and construction administration phase services for the following: A. Construction Plan -Profile Sheets prepared at a scale of not less than 1"= 20'. B. Standard Details. C. Special Details. D. Cover Sheet, Location Map and Sheet Index. E. Submittals to State Regulatory Agencies, as required. F. Preparation of required Dallas Area Rapid Transit Permits, as required. G. Preparation of required Texas Department of Transportation permits, as required. H. Coordination with other Franchise Companies. I. 2-Design review meetings. J. Opinion of Probable Construction Estimate. K. Preparation of Specifications and Contract Documents. L. Assist in procuring geotechnical engineering information or reports as the project requirements dictate. M. Printing of preliminary plans and specifications for review by the City. Part III: Bidding Phase A. Assist the City staff in advertising for bids. This will include e-mailing "Notice to Contractors" to contractors experienced in this type of construction. City will have Notice published in local newspaper. B. Sell bidding documents to potential bidders and their suppliers and other parties. C. Provide bidding documents to City of WaxahachieAnna, Dodge Reports, and two other parties requested by the City. D. Assist during opening of bids and provide bidding tally sheets. Terns American Public {Yorks Association 2010 Awnrrlee Enrironarenta/ Project of the Year $10 - $100 Million Lkity odmin\ndminisvntion\nnlhakity mwcitkity cow<i1,2012\IO-09-121item 7 -,ruler syatcm impmrm,rntsWc7n 7 - c03029 d20121064 sum ce cwter implemamtnLion -task authorization fom,at m, tcrr"tin zaoza:vols«nta wzolzsnr anpl.,n. mtMnccxxatcrinip en,enmuon-to all ontm,ntnFreement.aoc. 7eraS 111 �2G Mr. Philip Sanders General Services Task AuthorizationOrder: Surface Water Implementation — Phase I Water Dist. System Imp. September 29, 2012 Page 4 of 11 E. Provide bid tabulation to City and contractors who submitted bids. F. Obtain the following information from the lowest bidder: 1. Past work history,. 2. Physical resources to produce the project. Formulate opinion from information received and provide the City a summary of the opinion for their use in selection and award of the construction contract. G. After award of contract, furnish ten sets of prints of the final plans, specifications and contract documents to the City for construction use by the City and Contractor. Part IV: Construction Phase A. Attend a pre -construction conference, including preparing an agenda. B. Attend coordination meetings with contractor, quality control personnel, and City representatives to discuss strategy, problem areas, progress, and any required coordination. C. Review shop drawings and other submittal information, which the Contractor submits. This review is for the benefit of the Owner and covers only general conformance with information given by the Contract Documents. The contractor is to review and stamp their approval on submittals prior to submitting to the Engineer. Review by the Engineer does not relieve the Contractor of any responsibilities, safety measures or the necessity to construct a complete and workable facility in accordance with the Contract Documents. D. Provide written responses to requests for information or clarification to City or Contractor. E. Prepare and process routine change orders for this project as they pertain to the original scope of work. F. Prepare monthly pay request from information obtained in the field. G. Accompany the City during their final inspection ofthe project. H. Recommend final acceptance of work based on information from the on -site representative. I. Prepare Record Drawings. Utilizing on -site representative and Contractor construction record information, consultant will prepare one set of 22"Y 34" Texas Antericmt Public if'orhs Association 2010 Axvrrdee Envirotnnental Project ofthe Year $10 - $/00 Million I:kity ndmin�adminisUaUunlwlhnkity mimcil4ity council\2012\10-09-12q1an 7 - inter s,stem improranentsVte+n 7-co30z9 d20121004 surface eater implemrntalion -Task nuWorimtion format a9 .uo.cvmsmntanwaaazmzareeOmern,pterien 0nu counterimplememmion-taskamnorizmionrm,magreemeneaoe. TCSQSPuntP52G Mr. Philip Sanders General Services Task AuthorizationOrder: Surface Water Implementation — Phase I Water Dist. System Imp. September 29, 2012 Page 5 of 11 reproducible record drawings on mylar and one set of electronic image files in Adobe Acrobat file format. Part V: Additional Services A. Design, Property and Construction Surveys. B. Preparation of Plat and Field Note Descriptions for expected drainage and/or utility easements required for the project. Four (4) easement descriptions are included for the purpose of establishing a budget for this phase of work. C. Geotechnical Evaluations and recommendations for the South Grayson Take Point proposed Ground Storage Reservoir and High Service Pump Station. The Geotechnical evaluation and report will be performed by a sub -consultant to be approved by the City of Anna. D. Coordination and meetings with the GTUA for the final determination of the water supply tap locations, meter stations and SCADA system requirements. We expect at least three (3) meetings for this effort. D.E. Printing of final plans and specifications for distribution to prospective bidders and the successful contractor. Part V: Exclusions The intent of this scope of services is to include only the services specifically listed herein and none others. Services specifically excluded from this scope of services include, but are not necessarily limited to the following: A. Environmental impact statements and assessments. B. Fees for permits or advertising. C. Certification that work is in accordance with plans and specifications. D. Environmental cleanup. E. Landscape architecture. F. Flood plain reclamation plans. G. Trench safety designs. H. Quality control and testing services during construction. TernsAniericnn Public Works Association 2010Awnrrlee Emrironnrental Project of the Year $10 - $100 Million I:kity aaminSaaminisUnlion\na0,akity cowciMity coumil12012\IO-09-12Uhm 7 - enter system improren,entsU0.m 7 - c03029 d201211M1J surface s�nlar unplamcmmtion -task nu,hornmion format a�R.n, nt <rl r l neap �:vou comae, as 2012 u r ce, at: �,peria,plemenarion - an at on r =at a8mvineata . Texns Firm Fi26 Mr. Philip Sanders General Services Task AuthorizationOrder: Surface Water Implementation — Phase I Water Dist. System Imp. September 29, 2012 Page 6 of I 1 I. Services in connection with condemnation hearings. J. Phasing of Contractor's work. K. On -site safety precautions, programs and responsibility. L. Consulting services by others not included in proposal. M. Revisions and/or change orders as a result of revisions after completion of original design (unless to correct error on plans). N. Traffic engineering report or study. O. Title searches. COMPLETION SCHEDULE Notice to Proceed From City ............................................ October 1, 2012 Preliminary Engineering Report ..................................... October 15, 2012 Submit Preliminary Plans to City for Review ................ January 1, 2013 Submit Plats and Field Notes for Easements:.... too* was most.... January 1, 2013 Complete Final Plans ..................................................... February 15, 2013 Land Rights Acquisitions: as* m0000moo By the City of Anna Advertise Project for Bids (after land rights secured): ... May 2, 2013 Receive Bids.................................................................. May 23, 2013 Award Construction Contract: June 4, 2013 Notice to Proceed with Construction :.............................. July 2, 2013 Construction Phase. 12 months after notice to proceed with construction FEE NOT 1'O ENCEED AMOUNT Basic Services Payment for the Basic Services described under Parts I, II, III and IV, shall be on a Lump Sum Basis in the following Amounts: Part I Preliminary Engineering Report................................................................ $%200 Part II Final Design Phase: I I I I I I I . 1 4 4 0 1 1 . , 4 & I I * * 4 1 * I 1 1 4 1 P * I P $1803000 Part III to Bidding Phase: .,,I 111111111116m &mass I I I I 1, 4 1 * 1 4 $25900 TevnsAn:ericm: Public Ii'orlrsAssocintion 2010Awnrrlee Emtironnrerrtnl Project of the Item 0 $10 - $100 14111iorr I:kity adminl�dminisvation\nathaleity cowcilkitycounciU2012\I 0-09-12Utem 7 - ssnter s}'stem impmeentents\ityn 7 - c03029 d2012I00.1 surfatt ssntcr unplemvmVition -task aut6orizntion fomtat nnmt crl"line. xl:\7015 contdev%man \2012 surface untcr intplenantntion\ntrfaca Craterintplemenmtion-task audwization fomentagnemenedoec ICAMN r7r4M Ei26 Mr. Philip Sanders General Services Task AuthorizationOrder: Surface Water Implementation — Phase I Water Dist. System Imp. September 29, 2012 Page 7 of 1 I Part IV- Constnrction Phase.......................................................................... 34 500 Total Amount, Basic Services (Parts I IIIIV):........ Tevns Anrericnn Public ii'or/rs Association: 2010 Ativnrrlee Enrironnrentnl Project oftlre }'em• $10 - ur100 Million I:kiryaamintndmiaistratiantnathn4ipcouncilkit}' councift2U 12\IO-09-I21item 7 -realer 5)'stem impmeunenls\itzm 7 - c03029 d?OIZ IO6! str<e sinter implemrntation -task outhorizntion format mnt rl ia.a«a:volscon mev n 2012snecmtermplanmtntcematerimplemenmtion-tasknuttror ationfomtatagrtlment.aocx jUAW irM zu Mr. Philip Sanders General Services Task AuthorizationOrder: Surface Water Implementation — Phase I Water Dist. System Imp. September 29, 2012 Page 8 of I 1 Additional Services For the Additional Services described in Part V, we propose to be compensated on a salary cost basis times a multiplier of 2.35, with expenses at actual invoice cost times 1.10. Automobile mileage for special services will be invoiced at $0.50 per mile. We suggest you budget approximately $ 41,000 in the following amounts for our services for this project: A. Design, Boundary and Construction Control Surveys ........................ $12,500 B. Preparation of Plats and Field Note Descriptions (4 each): 4 1 1 1 1$85000 C. Coordination and Meetings with GTUA................................................... $4,000 D. Geotechnical Evaluation and report: ............... $15,000 E. Printing of Final Plans and Specifications ............................................ $1.500 Total Amount, Additional Services (Part IV): $419000 Total Amormt Not To Trxceed: I271,60( Texas Board of Professional Land Surveying Contact Information Recipients of professional land surveying services under this agreement may direct complaints regarding such services to the Texas Board of Professional Land Surveying, 12100 Park 35 Circle, Building A, Suite 156, MC 230, Austin, TX 78753, Phone (512) 239-5263, Fax (512) 239-5253. If this General Engineering Services Agreement Task Authorization Order meets with your approval, please sign and return one set to our office along with your directive to proceed. We look forward to working with you on this important project for the City of Anna and are available to discuss this task further at your convenience. Sincerely yours, Gary C. Hendricks, P.E., R.P.L.S. APPROVED I'OR THT; CITI' OP' ANNA, TEXAS NL•. Philip Sanders, City Manager Date Terns Americnn Public 1i'orhs Associnlion 2010 Awu�rlee E�n�iron»tental Project of the 1 em• $10 - $/00 hlil/ion I:kity oamin4 arninisMtion\naatakily cormcitkip, council\20I20-09-12Utem 7 - muter s)'slm improeonents\it.7n 7 - c03029 a20121061 surface venter inrplmrentation -�A auararization Connat n,.,rtcrinwle, a :vo15con cvmtnaUO12wrcnematerftnplinmmuan�sutfacerraterimplementation -task anwndzacwnfnnatagn%anrcnt.aocx IVat I PirmR526 Mr. Philip Sanders General Services Task AuthorizationOrder: Surface Water Implementation — Phase I Water Dist. System Imp. September 29, 2012 Page 9 of 11 cc: Mr. Clark McCoy, Wolfe, Tidwell &McCoy, L.L.P. Terns Americnn Public Il�orks Associrrtiorr 2010 Awnrdee Envirorrrnerrtal Project of the I ear $10 - $100 Million I:kiqo0n,in� dministrntion\nalhnkiqco,mcilkit}cowcil\2012\10-09-12\itcm 7 - t,ntcr rystcm improcrn,rnts\ikm 7 - c03029 ii201210P! sndnce,�nlcr implcmrnmtion -tns\ outl,orvatian fom,at �».,,t<rlr<,Iwo.a«�:vou�oma��•�„„\zmzr„rx�„nt�ri,»pl.,,,�mmtio��rr �„�t�ri,,,pl��„�m�ti��-toil:ouu,o�otia�rm�ta�r�Y�„�„ia«.. '!'ernsFinnF526 Mr. Philip Sanders General Services Task AuthorizationOrder: Surface Water Implementation — Phase I Water Dist. System Imp. September 29, 2012 Page 10 of 11 Exhibit A -Project Location Map TzrrrsAnrericnn Public T{'orFsAssociatiorr 2010Axtnrrlee Erndronorettta7 Project of the } enr $10 - $100 dlil/ion I:kipndminlvdminisUntionW Wnkity mtmcilkily coun<iI\20I2\IO-09-12\i4m 7-�ratcr s}stcm improcrntrnts\itrnt 7 - c03029 d20I2106I sum ce tinter unpknummtion -Iacl: nuWorizntion foment ngr.n,.ntcrl ahz.plcnm eon�nrcennterinil) nwnmeon-m nutntionrruntng¢Ymem.aoc. Terns FirmFi2G Mr. Philip Sanders General Services Task AuthorizationOrder: Surface Water Implementation — Phase I Water Dist. System Imp. September 29, 2012 Page 11 of 1 I Terns Antericnn Public ii'orks Associnliorr 2010 Awartlee Etrrironorentnl Project of the 1 enr $10 - $100111illion I:kiq' admin� dministmtion�,a0u4ity councilkity cowcil\2012\IO-09-I2�tem 7 -scaler s'stem impmvnnrnLs\i0.tn 7- c03029 d2012100.1 sum «csntar implemrntntion -tasA nn�horization fonmt n,, t crl r� iin..a«�:vou rnnw .• », zmz s,nr «"»t.r n,�l » mttnn n r,<„nnr i »hi<»<nmtinn- w nntnn�ntinn r nnnt n m »,znt.a«. 1'eear Prrnr F526 Mr. Philip Sanders General Services Task AuthorizationOrder: Surface Water Implementation — Phase I Water Dist. System Imp. September 29, 2012 Page 12 of 12 Exhibit B —Opinion of Probable Project Cost BIRIiHOFF,HENDRIGICSSCdRTER;L.L.F. Projettyia. [ontDev. PROFESSIONAL ENGLNTERS Client: CIT! OF A*N.4 TEXAS I}ate: I-t-Sep-i2 Project IV: Dimlm mlmp:acemen[s Opdon 3 (2013 Oniyl St¢fiaCeR'aterlu lea�ation-Resen'airBlEnde35ystem B}: GC:H ENGINEER'S OPINION OF CONSTRUCTION COST item No. esc naa nrt a Amount S. Graison Ground Rater Site -Delivery Point (2013) I Connect to Edstinr'_4-inch GMA Supply Lim 1 Fa 515.005.A7 S 15,000 2 124=hRraterSupply Line 550 LF. $•W,00 $ 224000 3 12-inch Wata Supply Line State ROW C.mssing 100 L.F. S350.00 $ 35.000 4 Gsa ton I-fieh Senice Statior 1 LS. S700.000.00 S 100.000 5 Gtasou0S0-MAG&=dStzmgeMervoc 5o0•000 C71 500.80 S 4005000 6 GTUAMeter Sudan end SCAM I Fa. $50.000.00 45 50.000 Grayson Delivery Point Subtotal: S 122 000 West Ground Water Site -Delivery Point 2013) 7 Cmuect to Eastins 24-inch G?UA S h• Li4 1 Fa 51500-05 S 15.000 8 12,schRate: SuWyLinee 5,100 LF_ 540.00 $ 204,000 9 12-bxhRsterS lyLineRa roadC'rossim 15o LF_. S350.W S 52.500 10 12-inchWater Supply LimStateRMCrossin_ 100 LF. $350.00 5 35,000 11 GTfiA Meter Station and SCADA I Ea S50.000.00 $ 50,000 t{'estDelivery Point Subtotal: $ 356.600 North Ground Rater Site -Delia•er•Point I 12-inch Rater Supply Line LrLu Connect from ReK SUPPINP line' 1.600 LF. $-W.00 5 64.000 2 GTUA lfeter Station and SC4DA 1 Fa $50000.00 $ 50.000 North Delh'en•PointSubtotal: S I14,000 South Ground Rater Site - Delivery Point (7013) 3 Chnaect to Esishne 24-inch GTUA SAWly Line 1 Fi SI}•owko 1 13,000 4 12-tn;hUatuSupply Line 200 LF. $$0.00 $ $000 5 GRIAafeterStation and SCAM I Ea 55o,oal.00 $ 50.000 South Delivery Point Subtotal: $ 730oo Total Amount: S 1765a00 Contingency 10h $ 176.550 Construction Subtotal: S 1 42 oso Materials Testing and ahts•Coutrd: I0a6 S 33,$11 Construction Inspection services: 2.5ii $ 48551.25 Land Rights for Supply line (20400t Easement) 13 -Ac. 525.00000 S 58 SJO Professional Fees (Engineering, (3eoteck Surreirmw Easement Prep,) 5 271600 Project Total: S 21595U USE: S 2.3601000 Terns American Public Ti'orks Association 2010 Awnrr/ee Lnviraunental Project of the Year $10 - $100 Million I:kity nJtnin\adminiswtion\nntl,akity cowcilkity cowrcii\2012\10-09-12\item 7 - �tnter system improeanrnts\itrnr 7 - c03029 J20I2I061 sun <c ctnter unplemrntnIron -tnsl: nuUtorization format mrnt crl r+llinarfxc a er inipinnmtneon\s<nr en -rater nip lemenmtion- a" In nronr nmmaFreRm<nt, mx Terns Flrnl F526 a x{ouxt xonRE'row�v Council Meeting: October 9, 2012 Account Code #: Budgeted Amount: $146 100 Item No. 6 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Exhibits: X Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving an Engineering Services — Task Authorization for sewer system improvements. SUMMARY: Several years ago, the City recognized that its current wastewater treatment plant would not have enough treatment capacity to accommodate the anticipated future growth. In order to relieve pressure on the wastewater treatment plant, the cities of Anna and Melissa agreed to construct a wastewater interceptor line that would transmit wastewater from the two cities into the NTMWD upper trinity wastewater collection system. In 2009, wastewater from the neighborhoods of Creekside, The Falls, and part of Oak Hollow was diverted into the NTMWD collection system. While this diversion provided some temporary relief on the city's wastewater treatment plant, the growth that is now occurring in the city is again pushing the capacity of our wastewater plant. Earlier this year Staff presented a plan to the Council to upgrade our wastewater treatment plant and construct an interceptor line that would divert excess flow from our wastewater plant into the NTMWD upper trinity wastewater collection system. Staff has asked our consulting engineer, Birkhoff, Hendricks &Carter, L.L.P., to give us a proposal for designing the construction plans for the required sewer system improvements. Our engineer estimates that the project will cost $990,000. The engineering proposal is for $146,100 which in included in the total project cost estimate. The money to pay for the engineering would be included in the bonds that will be issued by the City to pay for the total project. Money expended to pay for engineering services prior to the issuance of the project bonds would be reimbursed to the Water & Sewer fund balance. RECOMMENDATION: Staff recommends approval of the attached Resolution and General Engineering Services —Task Authorization. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING A GENERAL ENGINEERING SERVICES — TASK AUTHORIZATION FOR SEWER SYSTEM IMPROVEMENTS WHEREAS, the City Council ("City Council") of the City of Anna, Texas ("City determined that the City is need of hiring an engineering firm to provide general engineering services to assist the City in its governmental functions to benefit the health, safety and welfare of the citizens and the general public; and WHEREAS, the City Council has previously determined, based on submissions received from various engineering firms, that the most highly qualified provider of such services on the basis of demonstrated competence and qualifications was Birkhoff, Hendricks & Carter, L.L.P.; and WHEREAS, with the growth that is now occurring in the city, it will soon be necessary to construct certain improvements to the wastewater collection system; and, WHEREAS, staff has received a Task Authorization from Birkhoff, Hendricks &Carter, L.L.P., for the design of construction plans for the required sewer system improvements; and, WHEREAS, money expended to pay for engineering services prior to the issuance of the project bonds would be reimbursed to the Water & Sewer fund balance; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of General Engineering Services —Task Authorization. The City Council hereby approves the General Engineering Services —Task Authorization for sewer system improvements attached hereto as Exhibit 1, and authorizes, ratifies and approves the City Manager's execution of same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Task Authorization, CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 2 PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 9'" day of October, 2012, ATTEST: Natha Wilkison, City Secretary APPROVED: Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 2 BIRKHOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS I 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 Fax (214) 461-8390 Phone (214) 361-7900 JOHN W. BIRKHOFP, P.E. GARY C. HENDRICKS, P.E. JOE R. CARTER, P.E. PAUL A. CARLINE, P.E. MATT HICKEY, P.E. ANDREW MATA, JR., P.E. JOSEPH T. GRAJEWSKI, III, P.E. Mr. Philip Sanders City Manager City of Anna I I I North Powell Parkway Anna, Texas 75409 Re: General Engineering Services —Task AuthorizationOrder Slayter Creek Interceptor Sewer Dear Mr. Sanders: September 29, 2012 In accordance with your request and our existing general engineering services agreement, we are pleased to submit this General Services Task AuthorizationOrder letter for services related to the preparation of specifications, bidding documents and contract administration for the Slayter Creek Interceptor Sewer, from the Throckmorton Creek Meter Station to the Slayter Creek Wastewater Treatment Plant. GENERAL PROJECT DESCRIPTION This project consists of the construction of the 184nch diameter Slayter Creek Interceptor Sewer from the Throckmorton Creek Meter Station to the Slayter Creek Wastewater Treatment Plant. The project goal is to provide a relief interceptor• sewer for the Slayter Creek Wastewater Treatment Plant which will convey sanitary sewer flows in excess of the treatment plant permitted capacity into the North Texas Municipal Water District's Upper East Fork Regional Interceptor System. The project location map is attached as Exhibit A shows the general project route and limits. Based on our understanding of the project requirements, our opinion of probable project budget is summarized below: Opinion of Probable Construction: Quality Control and Materials Testing (2.5%) $745,525 W. Philip Sanders General Services Task Authorization Order — Slayter Creek Interceptor Sewer September 29, 2012 Page 2 of 9 A copy of our itemized opinion of cost is attached as Exhibit B. SCOPE of SERVICES Part I: Preliminary Engineering Report Prepare a preliminary engineering report that re -confirms or revises the assumptions, evaluation, conclusions and recommendations as presented to Anna City Council on February 28, 2012 and again on September 25, 2012. The engineering report will establish the recommended route, re -confirm pipe size and capacity; determine easement requirements and identify property owners; and provided updated opinions of project cost. Part II: Design Phase Preparation of construction plans, specifications, bidding phase services and construction administration phase services for the following: A. Consh•uction Plan -Profile Sheets prepared at a scale of not less than 1"= 20'. B. Standard Details, C. Special Details. D. Cover Sheet, Location Map and Sheet Index. E. Submittals to State Regulatory Agencies, as required. F. Preparation of required Texas Department of Transportation permits, as required. G. Coordination with other Franchise Companies. H. 2-Design review meetings. I. Opinion of Probable Construction Estimate, J. Preparation of Specifications and Contract Documents. K. Assist in procuring geotechnical engineering information or reports as the project requirements dictate. L. Printing of preliminary plans and specifications for review by the City. Part III: Bidding Phase A. Assist the City staff in advertising for bids. This will include e-mailing "Notice to Contractors" to contractors experienced in this type of construction. City will have Notice published in local newspaper. Torus American: Public Works Association 2010 Awardee Environmental Project of the fear $10 - $100 Million 1:\city adminladministrntion\natha\city council\city council\2012\10-09-12Gtem 8 -wastewater system improvements\item 8 • c03029 d2012100A Slayter cr interceptor -task authorization format agreement crl redline.docxl:\7015 contriMianna\2012 Slayter creek interceptor sewerWayter cr interceptor -task authorization fomiat agreement.doex Texas Firm F526 Mr. Philip Sanders General Services Task Authorization Order — Slayter Creek Interceptor Sewer September 29, 2012 Page 3 of 9 B. Sell bidding documents to potential bidders and their suppliers and other parties. C. Provide bidding documents to City of WaxahachieAnna, Dodge Reports, and two other parties requested by the City. D. Assist during opening of bids and provide bidding tally sheets. E. Provide bid tabulation to City and contractors who submitted bids. F. Obtain the following information from the lowest bidder: 1. Past work history., 2. Physical resources to produce the project. Formulate opinion from information received and provide the City a summary of the opinion for their use in selection and award of the construction contract. G. After award of contract, furnish ten sets of prints of the final plans, specifications and contract documents to the City for construction use by the City and Contractor. Part IV: Construction Phase A. Attend apre-construction conference, including preparing an agenda. B. Attend coordination meetings with contractor, quality control personnel, and City representatives to discuss strategy, problem areas, progress, and any required coordination. C. Review shop drawings and other submittal information, which the Contractor submits. This review is for the benefit of the Owner and covers only general conformance with information given by the Contract Documents. The contractor is to review and stamp their approval on submittals prior to submitting to the Engineer. Review by the Engineer does not relieve the Contractor of any responsibilities, safety measures or the necessity to construct a complete and workable facility in accordance with the Contract Documents. D. Provide written responses to requests for information or clarification to City or Contractor. E. Prepare and process routine change orders for this project as they pertain to the original scope of work. F. Prepare monthly pay request from information obtained in the field. Texas American Prrblic Worlis Association 2010 Awardee Environmental Project of the fear $10 - $100 Million 1:\city admin\.administmtion\itatha\city council\city council\2012\10-09-12Utem 8 - wastewater s}rstem improvementsGtem 8 - c03029 d20121004 slayter cr interceptor -task authorization format agreement crl redline.docxl:\7015 contdev\anna\2012 slayter creek interceptor seweAslayter cr interceptor -task authorization fomtat agreement.docx Texas Firm F526 Mr. Philip Sanders General Services Task Authorization Order — Slayter Creek Interceptor Sewer September 29, 2012 Page 4 of 9 G. Accompany the City during their final inspection of the project. H. Recommend final acceptance of work based on information from the on -site representative. I. Prepare Record Drawings. Utilizing on -site representative and Contractor construction record information, consultant will prepare one set of 22"x 34"reproducible record drawings on mylar and one set of electronic image files in Adobe Acrobat file format. Part V: Additional Services A. Design, Property and Construction Surveys. B. Preparation of Plat and Field Note Descriptions for expected drainage and/or utility easements required for the project. Four (4) easement descriptions are included for the purpose of establishing a budget for this phase of work. C. Geotechnical evaluations and recommendations for the route selected. The Geotechnical evaluation and report will be performed by asub-consultant to be approved by the City of Anna. D. Printing of final plans and specifications for distribution to prospective bidders and the successful contractor. Part VI: I+;xclusions The intent of this scope of services is to include only the services specifically listed herein and none others. Services specifically excluded from this scope of services include, but are not necessarily limited to the following: A. Environmental impact statements and assessments. B. Fees for permits or advertising. C. Certification that work is in accordance with plans and specifications. D. Environmental cleanup. E. Landscape architecture. F. Flood plain reclamation plans. G. Trench safety designs. Texas American Public Works Association 2010 Arvardee Environmental Project of the fear $10 - $100 Million 1:\city admin\administration\natha\city council\city council\2012\IO-09-12\item 8 - wastewater systam improvementsGtem 8 - c03029 d20t2100d Slayter cr interceptor -task authorization format agreement crl redline.docrl:\7015 contdev\.nnna\2012 slayter creek interceptor seweAslayter cr interceptor -task authorization format agreement.docr Texas Firm F526 Or. Philip Sanders General Services Task Authorization Order — Slayter Creek Interceptor Sewer September 29, 2012 Page 5 of 9 H. Quality control and testing services during construction. I. Services in connection with condemnation hearings. J. Phasing of Contractor's work. K. On -site safety precautions, programs and responsibility. L. Consulting services by others not included in proposal. M. Revisions and/or change orders as a result of revisions after completion of original design (unless to correct error on plans). N. Traffic engineering report or study. O. Title searches COMPLETION SCHEDULE Notice to Proceed From City ............................................. October 1, 2012 Preliminary Engineering Report ...................................... October 15, 2012 Permission to Survey Obtained .........................................November 1, 2012 Submit Preliminary Plans to City for Review ................. January 1, 2013 Submit Plats and Field Notes for Easements,. .............,,January 1, 2013 Complete Final Plans ....................................................... February 15, 2013 Land Rights Acquisitions: the City of Anna Advertise Project for Bids (after land rights secured): .... May 2, 2013 Receive Bids.................................................................... May 23, 2013 Award Construction Contract:. June 4, 2013 Notice to Proceed with Construction :................................ July 2, 2013 Construction Phase.......................................................... 12 months after notice to proceed with construction FEE NOT TO EXCEED AMOUNT Basic Services Payment for the Basic Services described under Parts I, II, III and IV, shall be on a Lump Sum Basis in the following Amounts: Part I Preliminary Engineering Report................................................................ $3,000 Part II Final Design Phase:.............................................................................. $69,000 Part III - Bidding Phase:. * 4 a a 0 6 6 6 9 a 6 6 a a a 1 0 4 0 a 0 0 * 4 e 0 0 a 0 a 0 a 6 0 6 6 6 6 6 * 0 a 0 a V 0 . 0 0 0 0 . . 9 4 e e 4 . . 4 6 6 6 k * 6 6 D 0 9 4 0 0 0 0 0 0 0 a 0 0 6 0 6$2,500 Taras Atnericnrr Public Works Association 2010 Awardee Environmental Project of the Pear $10 - $100 Million I:\city admin\.adminisiration\natha\city council\city council\2012\IO-09-12Gtem 8 -wastewater system improvementsGtem 8 - c03029 d20121004 Slayter crinterceptor -task authorization format agreement crI redline. docsl:\7015 contdev\anna\2012 Slayter creek interceptor sewer\slayter cr interceptor -task authorization format agreement.doex Texas 1' 1r7r1 F.526 Or. Philip Sanders General Services Task Authorization Order — Slayter Creek Interceptor Sewer September 29, 2012 Page 6 of 9 Part IV- Construction Phase.......................................................................... $12.500 Total Amount, Basic Services (Parts I—IIIIV):.......... $87,000 Additional Services For the Additional Services described in Part V, we propose to be compensated on a salary cost basis times a multiplier of 2.35, with expenses at actual invoice cost times 1.10. Automobile mileage for special services will be invoiced at $0.50 per mile. We suggest you budget approximately $ 59,100 in the following amounts for our services for this project: A. Design, Boundary and Construction Control Surveys ........................ $34,600 B. Preparation of Plats and Field Note Descriptions (4 each) :...................... $85000 C. Geotechnical Evaluation and report:. 0 0 a 6 0 0 6 0 * a a 6 6 6 6 6 & * a a 6 6 6 a 6 6 9 9 * W * W . P . . 0 4 0 0 0 6 6 $155000 D. Printing of Final Plans and Specifications ............................................ $ 1 1 5 0 0 Total Amount, Additional Services (Part IV)* .............$59,100 Total Amount Not To Exceed: $146,100 Texas Board of Professional Land Surveying Contact Information Recipients of professional land surveying services under this agreement may direct complaints regarding such services to the Texas Board of Professional Land Surveying, 12100 Park 35 Circle, Building A, Suite 156, MC DO, Austin, TX 78753, Phone (512) 239-5263, Fax (512) 239-5253. If this General Engineering Services Agreement Task AuthorizationOrder meets with your approval, please sign and return one set to our office along with your directive to proceed. We look forward to working with you on this important project for the City of Anna and are available to discuss this task further at your convenience. Sincerely yours, Gary C. Hendricks, P.E., R.P.L.S. APPROVED FOR THE CITY OF ANNA, TEXAS Texas American Public Wor/rs Association 2010 Awardee E�wiro>�mental Project of t17e Year $10 - $100 Million I:\city admin\administmtion\natha\city council\city council\2012\10-09-12\item 8 -wastewater system improvementsGtem 8 - c03029 d20121004 Slayter cr interceptor -task authorization format agreement crl redline.docxl:\7015 contdev\anna\2012 Slayter creek interceptor sewerWayter cr interceptor -task authorization fomtat agreement.doex Texas F67n F526 Mr. Philip Sanders General Services Task Authorization Order — Slayter Creek Interceptor Sewer September 29, 2012 Page 7 of 9 Mr. Philip Sanders, City Manager Date cc: Mr. Clark McCoy, Wolfe, Tidwell & McCoy, L.L.P. Exhibit A - Project Location Map Tetas American Public Works Association 20I0 Awardee Environmental Project of the Year• $10 - $100 �l�fillion 1:\city admin\administmtion\natha\city council\city council\2012\10-09-12\item 8 -wastewater system improvements\item 8 - c03029 d2012100J slayter cr interceptor -task authorization format agreement crl redline.docxl:\7015 contdev\anna\2012 slayter creek interceptor sewer\slayter cr interceptor -task authorization format ngreement.doex Texas Firm F.526 Or. Philip Sanders General Services Task Authorization Order — Slayter Creek Interceptor Sewer September 29, 2012 Page 8 of 9 wv \t y; t � o FM 455 EXISTING SLAYTER CREEK WASTE WATER TREATMENT PLANT �.Ilk PROPOSED 18-INCH SANITARY SEWER LINE (7,500 L.F. @ 0.50% SLOPE) Qcap = 4.80 MGD THROCKMORTON CREEK METEI . i ETJ_ t CITY OF ANNA TEXAS ENc BIRKHOFF, HENDRICKS & CARTER, L.L.P. ' vwJ EcT rn . FkFFT NO PROrIISSIONAL ENGMERS CAPITAL IMPROVEMENTS PROGRAM a�ot-its Ttxm Finn F526 WASTEWATER COLLECTION SYSTEM 1010 Im,Tcx tmilled(214) 61-79 SLAYER CREEK WWTP RELIEF LINE iGf.UPRr 20t2 lYallas, Tcxu73T�U fdl�)i61-79W u�mm x/ztpz - mf14 e.\u.n\wm c..d s.x<o\rta - vrm Nif xtmftV W a�\e,FsLnnaegaF WAIL IIA515 ROT ML ---- a9 rm er: a= er ON V22/m12 T�ras American Public Works Association 2010 Awar�lee Environtnenta7 Project of the fear $10 - $100 Million I:\city admin4�dministration\natha\city council\city council\2012\10-09-12Gtem 8 -wastewater system improvemenis6tem 8 - c03029 d20121004 Slayter cr interceptor -Ltisk authorization format agreement crl red1ine.docal:\701 S contdev\anna\2012 Slayter creek interceptor sewer\slayter cr interceptor -task authorization format agreement.docx %2,l"QS F1171t F526 W. Philip Sanders General Services Task Authorization Order — Slayter Creek Interceptor Sewer September 29, 2012 Page 9 of 9 Exhibit B —Opinion of Probable Project Cost II k�IOFF HE IDHI 'K + + .MI TER5 L.L.P. ?ROFE:SSLONAL ENGEI TERS Client: �it;r of Aetna, Teas Project: Slayler Creek Interceptor Settrer Project P;o.�J07-I15 hate: 1=1-Sep-1'' E11�111LEileS OFI�IC)'�,T OF' �'O�tT� 111���� ilO�T �'O:� 1 I#em ?Io. Z►eserig#ion Qn,tntity ["nit Price .�imonnt 1 RCFWPre oration 75 S a S 300.00 22,500 Furnish .i Install lE-inch Sanitary Sevtrer Line bN Open Cut 3,500 L.F. $ 50.00 375 000 3 l t-inch Aerial Crossing (or Siphon) 3 Ea � 25,00D.00 S 75,OcJt} 4 Furnish & Iustail S-Foot Dia. Standard Manhole 25 Ea S 3400.00 $ 851000 5 Connect to E%htmg 67Iuch Sanitary Setter 4 Es 750,CQ § 3.000 6 Connect to E%istin . S-Inch Sanitary Setter 4 Ea 10000,00 S 41000 7 Connect to E%hting Manhole 2 Ea S 1.0o0.00 $ 2,0+00 Fu3mish & Iuatall Hydzomulch Seeding 16,667 S.Y. S 3,00 $ 507000 9 Furnish & Install Trench Safety Plan 1 Ea $ 5,0(h ,00 $ 51000 10 Furnish J1KT Instill Trench Safety System 3500 L.F. $ 2.50 $ 1S1730 11 Furnishing Stann Water Pollution Prevention Plan I Es $ 107000.00 $ 101000 12 Ina lententation of Storer Water Prevention Plan 74500 L.F- $ Loo $ 7.500 13 Connection to WW TR Heaftorks asd bympass structure 1 LS $ 20,000,00 S 20,000 Construction Subtotal: S 677,750 Contingencies and MftcelLmeous Items HS-D $ 67,775 Construction Total: S 7 iS,SYS Land Acquisitions 2.43 Acres $ 25,000.00 $ 601692 QttaHtF Control anti Material Testing 2.500 $ 181638 Construction In'.spection Sen-ice: 2.506 $ 18,638 Engineering, S=e2ing, Easement Preparation $ 1461100 Project Total S gS91593 IT SE S 990 000 Texas Ame1•icmi Public Works Association 2010 Awardee Environmental Project of the Year $10 - $100 Million 1:\city admin\administration\nn[ha\city council\city council\2012\I0-09-12Gtem 8 -wastewater system improvemenisGtem 8 - c03029 d20121004 slayter cr interceptor -tzsk authorization format agreement crl redline. docxl:\7015 contdev\anna\2012 slayter creek interceptor sewer\slaytercr interceptor -task authorization format agreementdocs Texas Firm F526 Y{OUR} I-�ON[E'1'OW N Council Meeting: October 9, 2012 Account Code #: Budgeted Amount: $78 600 Item No. 9 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Exhibits: X Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving an Engineering Services — Task Authorization for wastewater treatment plant improvements. SUMMARY: Staff has identified improvements and repairs that will upgrade and extend the life of our existing wastewater treatment plant. Our consulting engineer, Birkhoff, Hendricks & Carter, L.L.P., estimates that the improvements and repairs will cost $820,000. The engineering proposal is for $78,600 which in included in the total project cost estimate. The money to pay for the engineering would be included in the bonds that will be issued by the City to pay for the total project. Money expended to pay for engineering services prior to the issuance of the project bonds would be reimbursed to the Water & Sewer fund balance. RECOMMENDATION: Staff recommends approval of the attached Resolution and General Engineering Services — Task Authorization, CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING A GENERAL ENGINEERING SERVICES — TASK AUTHORIZATION FOR WASTEWATER TREATEMENT PLANT IMPROVEMENTS WHEREAS, the City Council ("City Council") of the City of Anna, Texas ("City") has determined that the City is need of hiring an engineering firm to provide general engineering services to assist the City in its governmental functions to benefit the health, safety and welfare of the citizens and the general public; and WHEREAS, the City Council has previously determined, based on submissions received from various engineering firms, that the most highly qualified provider of such services on the basis of demonstrated competence and qualifications was Birkhoff, Hendricks & Carter, L.L.P.; and WHEREAS, with the growth that is now occurring in the city, it will soon be necessary to construct certain improvements to the city's wastewater treatment plant; and, WHEREAS, staff has received a Task Authorization from Birkhoff, Hendricks &Carter, L.L.P., for the design of construction plans for the required wastewater treatment plant improvements; and, WHEREAS, money expended to pay for engineering services prior to the issuance of the project bonds would be reimbursed to the Water & Sewer fund balance; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of General Engineering Services —Task Authorization. The City Council hereby approves the General Engineering Services —Task Authorization for wastewater treatment plant improvements attached hereto as Exhibit 1, and authorizes, ratifies and approves the City Manager's execution of same. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce the Task Authorization. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 2 PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 9'" day of October, 2012, ATTEST: Natha Wilkison, City Secretary APPROVED: Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 2 BIRKIIOFF, HENDRICKS & CARTER, L.L.P. PROFESSIONAL ENGINEERS 11910 Greenville Ave., Suite 600 Dallas, Texas 75243 JOHN w. BIRKHOFF, P.E. GARY C. HENDRICKS, P.E. JOE R. CARTER, P.E. PAUL A. CARLINE, P.E. MATT HICKEY, P.E. ANDREW MATA, JR., P.E. JOSEPH T. GRAJEwSKI, III, P.E. Mr. Philip Sanders City Manager City of Anna 1 I I North Powell Parkway Anna, Texas 75409 Re: General Engineering Services —Task AuthorizationOrder Slayter Creels Wastewater Treatment Plant Upgrades Dear Mr. Sanders: Fax (2l4) 461-8390 October 2, 2012 Phone (214) 361-7900 In accordance with your request and our existing general engineering services agreement, we are pleased to submit this General Services Task Authorization Order letter for services related to the preparation of specifications, bidding documents and contract administration for the Slayter Creek Wastewater Treatment Plant Upgrades. GENERAL PROJECT DESCRIPTION This project consists of upgrades and repairs to the Slayter Creek Wastewater Treatment Plant. The expected scope of work includes: 1. New screw pump in the existing head works. 2. Rebuild or Replace the two (2) existing screw pumps. 3. Three new grease pumps for screw pumps. 4. Add a second step screen to existing head works. 5. Replace hydro press to handle second step screen. 6. Add dumpster pad for hydro press. 7. Roof over head works to protect Hydro press and screens. 8. Replace wash water pump with larger pump. 9. Upsize two(2) UV Disinfection Units and associated piping 10. Electrical System Upgrades 11. Remove and Replace Blower Units The project location snap is attached as Exhibit A. Mr. Philip Sanders General Services Task Authorization Order — Slayter Creek WWTP Upgrades October 2, 2012 Page 2 of 9 Based on our understanding of the project requirements, our opinion of probable project budget is summarized below: Opinion of Probable Construction: $731,500 Quality Control and Materials Testing (0.5%): $ 3,700 Construction Inspection Services : $ 0 Basic Engineering and Additional Services: $ 81,800 Land Rights Acquisitions: $ 0 Total Project Budget: $8179000 USE: $8209000 A copy of our itemized opinion of cost is attached as Exhibit B. SCOPE of SERVICES Part I: Preliminary Engineering Report Prepare a preliminary engineering report that re -confirms or revises the assumptions, evaluation, conclusions and recommendations as presented to Anna City Council on February 28, 2012 and again on September 25, 2012. The engineering report will establish the recommended plant upgrades and re -confirm the project budget. Part II: Design Phase Preparation of construction plans, specifications, bidding phase services and construction administration phase services for the following: A. Construction Plan -Profile Sheets prepared at a scale of not less than 1"= 20'. B. Standard Details, C. Special Details. D. Cover Sheet, Location Map and Sheet Index. E. Submittals to State Regulatory Agencies, as required. F. Preparation of required Texas Commission on Environmental Quality, as required. G. Coordination with Oncor Electric Deliver. H. 2-Design review meetings. I. Opinion of Probable Construction Estimate. J. Preparation of Specifications and Contract Documents. T�ras Attterican Public Works Association 2010 Awardee Environmental Project of the Year $10 - $100 Million I:\city admin\administration\natUa\city council\city council\2012\IO-09-12Gtem 9 -wastewater treatment plant improvements\item 9 - c03029 d20121004 slaytor cr wwtp upgrades -task authorization format agreement crl redline.docxl:\7015 conidev\.inna\2012 -slayter cr wwtp upgrades\slaytor cr wwtp upgrades -task authorization format agreement.docx Texas Firm F526 W. Philip Sanders General Services Task Authorization Order — Slayter Creek WWTP Upgrades October 2, 2012 Page 3 of 9 K. Assist in procuring geotechnical engineering information or reports as the project requirements dictate. L. Printing of preliminary plans and specifications for review by the City. Part III: Bidding Phase A. Assist the City staff in advertising for bids. This will include e-mailing "Notice to Contractors" to contractors experienced in this type of construction. City will have Notice published in local newspaper. B. Sell bidding documents to potential bidders and their suppliers and other parties. C. Provide bidding documents to City of Anna, Dodge Reports, and two other parties requested by the City. D. Assist during opening of bids and provide bidding tally sheets. E. Provide bid tabulation to City and contractors who submitted bids. F. Obtain the following information from the lowest bidder: 1. Past work history,. 2. Physical resources to produce the project. Formulate opinion from information received and provide the City a summary of the opinion for their use in selection and award of the construction contract. G. After award of contract, furnish ten sets of prints of the final plans, specifications and contract documents to the City for construction use by the City and Contractor. Part IV: Construction Phase A. Attend apre-construction conference, including preparing an agenda. B. Attend coordination meetings with contractor, quality control personnel, and City representatives to discuss strategy, problem areas, progress, and any required coordination. C. Review shop drawings and other submittal information, which the Contractor submits. This review is for the benefit of the Owner and covers only general conformance with information given by the Contract Documents. The contractor is to review and stamp their approval on submittals prior to submitting to the Teras Afnericnn Public Works Association 2010 Ajvardee Environmental Project of the fear $10 - $100 Million I:\city admin\adminisimtion\nntha\city council\city council\2012\I 0-09.12\item 9 -wastewater treatment plant improvements\item 9 - c03029 d20121004 slaytor cr wwtp upgrades -tuk authorization format agreement crl redline.docxl:\7015 contdev\.anna\2012 -Slayter cr wwtp upgradesWaytor cr wwip upgrades -task authorization fomat agreement.docx Texas Firm F526 Mr. Philip Sanders General Services Task Authorization Order — Slayter Creek WWTP Upgrades October 2, 2012 Page 4 of 9 Engineer. Review by the Engineer does not relieve the Contractor of any responsibilities, safety measures or the necessity to construct a complete and workable facility in accordance with the Contract Documents. D. Provide written responses to requests for information or clarification to City or Contractor. E. Prepare and process routine change orders for this project as they pertain to the original scope of work. F. Prepare monthly pay request from information obtained in the field. G. Accompany the City during their final inspection of the project. H. Recommend final acceptance of work based on information from the on -site representative. I. Prepare Record Drawings. Utilizing on -site representative and Contractor construction record information, consultant will prepare one set of 22"x 34"reproducible record drawings on mylar and one set of electronic image files in Adobe Acrobat file format. Part V: Additional Services A. Design, Surveys. B. Printing of final plans and specifications for distribution to prospective bidders and the successful contractor. Part VI: Exclusions The intent of this scope of services is to include only the services specifically listed herein and none others. Services specifically excluded from this scope of services include, but are not necessarily limited to the following: A. Environmental impact statements and assessments. B. Fees for permits or advertising. C. Certification that work is in accordance with plans and specifications. D. Environmental cleanup. E. Landscape architecture. Texas American Public Works Association 2010 Awardee Environmental Project of the fear $10 - $100 Alillion 1:\city admin\administration�tatha\city council\city council\2012\I0-09-12Utem 9 -wastewater treatment plant improvemenisGtem 9 - c03029 d20121004 slaytor cr wwtp upgrades -L+sk authorization format agreement crl redline.docxl:\7015 comdev\anna\2012 -Slayter cr wwtp upgrades\slaytor cr wwtp upgrades -task authorization format agreement.docx Texas F irin F526 Or. Philip Sanders General Services Task Authorization Order — Slayter Creek WWTP Upgrades October 2, 2012 Page 5 of 9 F. Flood plain reclamation plans. G. Trench safety designs. H. Quality control and testing services during construction. L Services in connection with condemnation hearings. J. Phasing of Contractor's work. K. On -site safety precautions, programs and responsibility. L. Consulting services by others not included in proposal. M. Revisions and/or change orders as a result of revisions after completion of original design (unless to correct error on plans). N. Title searches. COMPLETION SCHEDULE Many elements of this project will require the Slayter Creek Wastewater Treatment to be taken out of service. As such, we recommend the project design and preparation of plans and specifications proceed immediately, BUT bidding and construction proceed only AFTER completion of the Slayter Creek Interceptor Sewer. The project schedule below is structured on this recommended approach. Notice to Proceed From City ............................................. October 5, 2012 Preliminary Engineering Report ...................................... November 15, 2012 Submit Preliminary Plans to City for Review ................. Marchl, 2013 Complete Final Plans ....................................................... May 1, 2013 Advertise Project for Bids (after Slayter Creek Interceptor Sewer is in service): July, 2014 Receive Bids.................................................................... August 2014 Award Construction Contract:. too 00 0 * 0 0 September, 2014 Notice to Proceed with Construction :................................ October, 2014 Construction Phase.......................................................... 6 months after notice to proceed with construction Texas American Public Wog•/rs Association 2010 Aivardee Environmental Project of the Year $10 - $100 �l�fillion l:\city admin\administration�tatha\city council\city council\2012\I 0-09-12\item 9 -wastewater treatment plant improvements\item 9 - c03029 d20121004 slaytor cr wwtp upgrades -task authorization fomat agreement crl redline.doexl:\7015 contde0anna\2012-slayter cr wwtp upgrades\.slaytor cr wwtp upgrades -task authorization format agreement.docx Texas Finn F526 Or. Philip Sanders General Services Task Authorization Order — Slayter Creek WWTP Upgrades October 2, 2012 Page 6 of 9 FEE NOT TO EXCEED AMOUNT Basic Services Payment for the Basic Services described under Parts I, II, III and IV, shall be on a Lump Sum Basis in the following Amounts: Part I Preliminary Engineering Report................................................................ $73800 Part II Final Design Phase:.............................................................................. $55,000 PartIII - Bidding Phase:. W 4 4 * 5 0 0 0 0 0 0 0 a 6 6 0 a a 6 6 a 6 a a a a * * a a 0 * * 0 0 0 0 0 0 0 6 6 6 6 6 a 6 0 6 a a 0 0 0 0 0 0 0 P 0 0 0 0 0 0 0 0 a a a 6 6 6 6 6 . 6 6 6 * 0 0 a a 4$3po Part IV- Construction Phase.......................................................................... $12.000 Total Amount, Basic Services (Parts I—IIIIV):.......... $78,600 Additional Services For the Additional Services described in Part V, we propose to be compensated on a salary cost basis times a multiplier of 2.35, with expenses at actual invoice cost times 1.10. Automobile mileage for special services will be invoiced at $0.50 per mile. We suggest you budget approximately $ 2,5000 2,500 in the following amounts for our services for this project: A. Design Surveys...................................................................................... $2,000 B. Printing of Final Plans and Specifications ............................................... $ 5 0 0 Total Amount, Additional Services (Part IV):...............$2,500 Total Amount Not To Exceed: $81,500 If this General Engineering Services Agreement Task Authorization Order meets with your approval, please sign and return one set to our office along with your directive to proceed. We look forward to working with you on this important project for the City of Anna and are available to discuss this task further at your convenience. Sincerely yours, Gary C. Hendricks, P.E., R.P.L.S. APPROVED FOR THE CITY OF ANNA, TEXAS Mr. Philip Sanders, City Manager Date T�ras A��iericart Public Works Association 2010 Aivardee Environmental Project of the Year $10 - $100 Million 1:\city admin\administration\natha\city council\city council\2012U0-09-12�tem 9 - %mtewater treatment plant improvementsGtem 9 - c03029 d20121004 slaytor cr wwtp upgrades -task authorization format agreement crl redline.docxl:\7015 conide0onna\2012 -Slayter cr mvtp upgrades\slaytor cr wwtp upgrades -task authorization format agreement.docx Texas Firm F526 Mr. Philip Sanders General Services Task Authorization Order — Slayter Creek WWTP Upgrades October 2, 2012 Page 7 of 9 cc: Mr. Clark McCoy, Wolfe, Tidwell &McCoy, L.L.P. Teas An:erican Public Worlrs Association 2010 Awm•dee Emrironmental Project of the Year $10 - $100 �l�fillion I:\city admin�administration\natha\city council\city council\2012\10-09-12Gtem 9 -wastewater treatment plant improvements\item 9 - c03029 d2012100d slaytor cr wwtp upgrades -L�sk authorization format agreement crl redline.docrl:\7015 contdev\anna\2012 -Slayter cr wwtp upgmdes\slaytor cr wwtp upgrades -task authorization format agreement.docx TQSaS Fh'ml %'.526 Mr. Philip Sanders General Services Task Authorization Order — Slayter Creek WWTP Upgrades October 2, 2012 Page 9 of 9 Exhibit B —Opinion of Probable Project Cost BIRKHOFF, HENDRICKS &CARTER, L.L.P. PROFESSIONAL ENGINEERS Client: CITY OF ANNA, TEXAS Project: Slayter Creek WWTP Upgrade P><ojectNo. Cont. Dev. Date: 2-Oct-12 By: GCH ENGINEER'S OPINION OF CONSTRUCTION COST Item No. Descri �tion Quatrt' Unit Price Amount '> 1 Remove and Replace Existing Screw Pumps 2 Ea. $703000,00 $ 14000 2 Furnish and Install New Screw Pump 1 Ea. $6000.00 $ 60,000 3 Furnish and Install New Step Screen 1 Ea. $405000,00 $ 4000 4 Furnish and Install New Hydro press, 1 Ea. $503000,00 $ 5000 5 Overhead Structure for Hydro press 1 LS $1000.00 $ 105000 6 Re lace wash water pump 1 Ea. $10 000.00 $ 107000 7 Furnish and Install 12-inch IJV Disinfection Units and Pi iti 2 Ea. $15,000.00 $ 301000 8 Electrical Equipment Upgrades and Room 1 LS $17500.00 $ 175,000 9 Remove and Replace Blower Units 1 LS $15000.00 $ 150,000 10 New Pad Mounted Transformers 1 LS $0.00 $ - Construction Subtotal: $ 66500 Contingency 10% $ 66 500 Construction Subtotal: S 731,500 Materials Testing and Quality Control: 0.5% S 35658 Construction Inspection Services: 0.0% $ - Professional Fees (Engineering, Geotech, Surveying, Easement Prep.): 11.18% $ 81800400 Project Total: $ 816 957.50 USE: $ 820,000 T�ras Amer•icnn Public Works Association 2010 Awardee Environmental Project of the fear $10 - $100 Million I:\city admin\administration\nntha\city council\city council\2012\I0-09-12Utem 9 - wastewater treatmznt plant improvementsGtem 9 - c03029 d20121004 slaytor cr wwtp upgrades -ttisk authorization foment agreement crt redhne.docrl:\7015 contdev\anna\2012 -Slayter cr wwtp upgmdeslslaytor cr wwip upgrades -task authorization format agreement.docx TBTQS F'!Y'YYt FS26 CITY OF ANNA,TEXAS Council Meeting: October 9, 2012 Item No. 10 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 AGENDA SUBJECT: Consider/Discuss/Action adopting an Ordinance regarding policies for Social Media. (Jessica Perkins) SUMMARY: Social Media sites like Facebook and twitter Twitter are great tools to engage the public and provide information. Since amending the policy in June, Staff staff has learned that Facebook has changed its format. You can no longer just push information out; friends or fans of the site can comment. Staff still intends to utilize a Facebook site, but the policy needs to be amended to address the new format. The attached amendments to the Internet and Social Media Policy will help to establish a "code of conduct" for comments or posts to the city's social media pages. It also outlines the reasons why a post or comment could be removed or blocked. STAFF RECOMMENDATION: Staff recommends you approve the resolution ordinance to amend repeal and replace the outdatedthe website and social media policy. 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 SOCIAL MEDIA PRESENCES) AND TO ENSURE THAT THE CITY'S WEBSITE AND SOCIAL MEDIA PLATFORMS AND PRESENCES(S) REMAIN SUBJECT TO THE CITY'S EXCLUSIVE USE AND CONTROL, EXCEPT AS EXPRESSLY SET FORTH IN SAID POLICY 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(s) are as follows, and as stated in the Policy adopted under this ordinance: 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 czens of, and visitors to, the City of ""Cl!A 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. 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; In the case of the City's Facebook Social Media Presence only, to promote effective communication with and among citizens and maintain a respectful dialogue; 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. 587-2012 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. will win-l-wralvim a" City Secretary, Natha Wilkison Mayor, Mike Crist 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's 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 —except as expressly stated otherwise in this Policy —are and shall remain as non- )ublic forums subject to the City of Anna's ("City'D exclusive use and control. The purposes of the Programs are: a. To provide convenient and information -rich resources 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. 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 understand 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, businessesI 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. 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 Website and other Social Media Presence(s). p. Solely as relates to the City's Facebook Social Media Presence, to promote effective communication regarding subject matter with and among citizens and maintain a respectful dialogue. 2. Policy. The City shall operate and maintain the City WebSlte and engage in use of Social Media and 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. This definition does not include the City's Social Presence on Facebook. b. "External Link" is a hyperlink from the City Website or City Social Media content to an External Website. c. "External Website" means a website maintained by a third party, and not by the City. d. "Facebook" means the Social Media service launched in February 2004, owned and operated by Facebook, Inc. as of June 2012, founded by Mark Zuckerberg and others. e. "Facebook Page" means the City's official Social Media Presence on Facebook in which the City and Users post information related to subject matter designated by the City for discussion. f. "Security Measures" means practices for protection of physical configuration and environment, software, information -handling processes, and User practices. g. "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. h. "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, LinkedIn, Facebook, MySpace, and similar services. i. "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. j. "Social Media Platform" and "Mass Communication Platforms" all mean the websites, Internet services, computer software, mobile telephonic device applications, and other electronic interface mechanisms used to access 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. k. "User" or "Users" means an individual or individuals who access the City Website or the City's Facebook Page through the Internet , or who access City information provided through any other Social Media Platform. 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, Facebook, or any other 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 other City Social Media Accounts, with the sole exception of Facebook, are established by the City as 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 WebSlte and its Social Media Accounts. The City Website and other City Social Media Accounts, with the sole exception of Facebook, are 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 Presence or Social Media Platform associated with an authorized City Social Media Account, with the sole exception of the City's Social Media Presence on Facebook, shall be used to facilitate a general debate, public discourse or the free exchange of ideas; all of such services other than Facebook are restricted to only those uses authorized by the City. 6. Facebook Policy. The purpose of the City's presence on Facebook is to promote effective communication with and among citizens regarding information and issues related to City business and government and to maintain a respectful dialogue. In that spirit, all Users (friends, fans, followers), by using the City's Facebook Page(s), are agreeing to the terms and conditions as stated below. The City will moderate the comments posted on the City's Facebook Page(s). The City's moderators will use these rules to ensure that posted comments are constructive and suitable for all readers, while respecting a range of opinions and points of view. A User's posted information and/or comments of any nature ("Comments' on the City's Facebook Page(s) must comply with the following regulations: • Comments must be civil and may not contain slanderous, libelous, malicious, offensive, threatening, profane, or insulting language. • Comments that promote, foster, or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability or sexual orientation is not permitted. • Demeaning references to the personality of individuals, demeaning personal attacks, or potentially libelous or false statements are not permitted. • Advertising or promotional announcements are not permitted. • Comments must be within the scope of the topic under discussion. • Comments cannot include personally identifiable information, such as an address, phone number, social security number or other sensitive information. • Comments of an obscene or sexually explicit nature or links to obscene or sexually explicit content are not permitted. • Comments cannot represent a person other than the one posting the comment. • Comments containing links to other web sites or pages must be relevant to the topic. • Comments cannot serve electoral campaign purposes. Political messages will not be published except for notices related to elections and messages aimed at encouraging general voter turnout. • Comments encouraging or depicting illegal activity are not permitted. • Solicitations of commerce are not permitted. Users are responsible for what they post. Comments must not breach any law, confidentiality, copyright, or other intellectual property right. The administrator/moderator may remove any and all postings and comments to the extent that any such posting or comment violates this agreement and/or the regulations herein. Comments by Users on the City's Facebook Page(s) are not official public testimony concerning any project, program, or other City business. An opinion expressed on a City Facebook Page is posted for discussion only and is not a substitute for a formal statement in a public hearing process or in any other official process. The City of Anna does not necessarily agree with content posted by Users. Nothing in any City Facebook Page constitutes a binding representation, agreement or an endorsement on the part of the City. The City will remove any Comment that violates this agreement and Users that willfully violate this agreement will be blocked and/or reported to Facebook. In addition to this agreement Users who also violate Facebook Terms and Conditions will be reported to Facebook and blocked from the City's Facebook Page(s). The City's Facebook accounts are hosted by Facebook. Therefore in addition to this agreement, said accounts are also governed by a separate Privacy Policy and Statement of Rights and Responsibilities promulgated by Facebook as same may be amended from time to time. To the full extent permitted under applicable law, this Facebook Policy shall govern the use of the City 's Facebook Page(s) regardless of any other regulations or policies that may be in conflict. The meaning of certain words in this policy are as defined in the City of Anna Internet Website and Social Media Policy, which can be accessed at www.annatexas.aov. To the extent not in conflict with this Facebook Policy, the City of Anna Internet Website and Social Media Policy is incorporated herein by reference as if set forth in full for all purposes. 7. Twitter. The City does not follow Users who follow the City on Twitter and therefore, cannot receive "Direct Messages" on Twitter. The City's Twitter account is maintained and monitored by the City's designated moderator. The City will not respond via Twitter to press inquiries or other citizen matters. If you have a question, concern or comment, contact the City through traditional means such as telephone, facsimile, mail, or in person. The City does not necessarily agree with content posted by Twitter Users. Nothing in any Twitter page constitutes a binding representation, agreement or an endorsement on the part of the City of Anna. The City of Anna will block and/or report any Twitter User as spam to Twitter, who violates any of the Twitter Rules, 8. Authority of City Manager. a. The City Manager or his 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: i. 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; . set, remove, or otherwise modify any settings associated with a City Social Media Account; ivA 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 or Social Media Presence 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 or Social Media Presence. 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 the applicable aspects of this Policy, or a link to this Policy published on the City Website. 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 9. 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 Web site, 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, except for information a User may choose to publicly post. 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 or to the extent that a User may choose to publicly post such information. d. Sensitive Communications: Visitors to the City Website, and those interacting with or accessing the City's Social Media Presences, are hereby noed 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. 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. By accessing the City Website 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. 10. 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. 11. 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 i.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: promote or exhibit hateful ideas or content, unlawful discrimination, obscenity, pornography, libel, or defamationI ii. 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 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, now and where External Links and/or Social Links will appear on the City Website, 12. 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 13. 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. 14. 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 designee. The decision of the City Manager or his 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. 15. 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. 16. 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 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 designee is final and binding. 17. 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 18. No Warranty or Representation. The City's web servers) are maintained in part 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 Anna City Code of Ordinances, or any other public records, should contact the City Secretary, 19. 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. 20. 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, officials, officers, employeesI agents, or representatives, with respect to any existing or potential claim or cause of action against the City or any of its agencies, officials, 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. 21. 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 Platform. 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. Nothing in this Policy or any of its provisions waives the City's immunities from suit or liability or any associated limitations associated therewith. Nothing in this Policy or any of its provisions waives any immunities that would otherwise be available to any City agencies, officials, officers, employees, agents, or representatives. 22. Indemnification. TO THE EXTENT PERMITTED BY APPLICABLE LAW. BY USING THE CITY WEBSITE AND/OR ACCESSING OR INTERFACING WITH CITY SOCIAL MEDIA ACCOUNTS THE USER AGREES TO DEFEND INDEMNIFY AND HOLD HARMLESS THE CITY OF ANNA ITS AGENCIES OFFICIALS OFFICERS EMPLOYEES REPRESENTATIVES AND AGENTS FROM AND AGAINST ALL CLAIMS AND EXPENSES INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES AND RELATED EXPENSES, ARISING OUT OF OR RELATED IN ANY WAY (DIRECTLY OR INDIRECTLY) TO THE USER'S USE OF THE CITY WEBSITE OR ANY OTHER CITY SOCIAL MEDIA PLATFORMS OR SOCIAL MEDIA ACCOUNTS OR PRESENCES. ■ra Council Meeting: October 9, 2012 Account Code #: N/A Budgeted Amount: N/A Item No. 11 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 10-04-12 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071). Anticipated litigation with Amazing Solar Solutions; "City of Anna v. City of Weston, Cause No. 380-02570- 2011, in the 380th District Court of Collin County, Texas"; "City of Anna v. Walmat Inc., et al.; Cause No. 429-00288-2009, in the 429th District Court of Collin County, Texas"; social media policy; Open Meetings Act. -Fr 1 b. discuss or deliberate the purchase, exchange, lease, or value property (Tex. Gov't Code §551.072); acquisition of park all and acquisition of utility easements. c. discuss or deliberate personnel matters. City Secretary Annual Review. (Tex. Gov't Code §551.074); The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. Council Meeting: October 9, 2012 Account Code #: N/A Budgeted Amount: N/A Item No. 12 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 10-04-12 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda for October 9, 2012 City of Anna Special Meeting or any Closed Session occurring during this Special Meeting, as necessary. SUMMARY: RECOMMENDATION: Council Meeting: October 9, 2012 Account Code #: N/A Budgeted Amount: N/A AGENDA SUBJECT: Adjourn. SUMMARY: Item No. 13 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 10-04-12 Exhibits: ❑Yes ❑ No RECOMMENDATION: Staff recommends a motion to adjourn.