HomeMy WebLinkAboutCCpkt2012-11-13Y{OIIR} FFOMETOW N
CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP
November 13, 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.,
November 13, 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. Discussion/Briefing of the November 6, 2012 Special Election to Fill a
Vacancy, Place 2. (City Secretary)
4. Briefing/Discussion regarding the issuance of Certificates of Obligation
for water and wastewater improvements (Clayton Fulton)
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); discussion regarding solid waste
disposal contract; anticipated litigation with Amazing Solar Solutions;
private club regulations,
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 Manager Annual Review.
(Tex. Gov't Code §551.074);
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified wider 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.
1 1-13-12 CC Regular Meeting Agenda.doc
Posted 11-09-12
The council further reserves the tight to enter into executive session at any
time throughout any duly noticed meeting under any applicable exception
to the Open Meetings Act.
4. Consider/Discuss/Action on any items listed on posted agenda for
November 13, 2012 City of Anna City Council Regular Meeting or any
Closed Session occurring during this Workshop, as necessary.
5. Adjourn.
This is to certify that I, Natha Wilkison, City Secretary, posted this agenda
at a place readily accessible to the public at the Anna City Hall and on the
City Hall bulletin board at or before 5:00 p.m., November 9, 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 wider 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.
r I43-12 CC Regular Meeting Agenda.doc 2 Posted 11-09-12
R1
Y{OIIR} AOIdiETOW N
CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING
November 13, 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.,
November 13, 2012, at the Anna City Hall Administration Building, located at I I 1 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
OpinionlSpeaker Registration Form and turn it in to the City Secretary before the
meeting starts.
1. Ca11 to Order.
2. Invocation and Pledge of Allegiance.
3. Citizen comments. Citizens ar^e allowed 3 minutes to speak. The Council is
unable to respond to or discuss any issues that are brought up during this
section that are not on the agenda, other than to make statements of specific
factual information in response to a citizen's inquiry or to recite existing
policy in response to the inquiry.
4. Receive reports from Staff or the City Council about items of community
interest. Items of community interest include: expressions of thanks,
congratulations, or condolence; information regarding holiday schedules; an
honorary or salutary recognition of a public official, public employee, or
other citizen (but not including a change in status of a person's public office
or public employment); a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social, ceremonial,
or communto) 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 resen�es the right to retire into executive session concerning any ofthe items listed on this agenda, whenever it is
considered necessary and Iegallyjustified 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.
11-13-12 CC Regular Meeting Agenda.doc 3 Posted 11-09-12
5. Recognition of the Graduates of the 2012 Citizen's Academy. (Jessica
Perkins)
6. Consent Items. These items consist of non -controversial or "housekeeping"
items required by lcm. 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 fot Octobet 23, 2012 Regular Meeting.
b. Approve the "Brown Addition development plat. (Maurice Schwanke)
c. Approve the "Wiginton" development plat. (Maurice Schwanke)
d. Approve a Final Plat "Oncor Addition". (Maurice Schwanke)
e. Approve the "Urban Crossing, Lot 7R, Block A, Replat - vacating Lot
7, Block A. (Maurice Schwanke)
f. Approve the "West Crossing Phase 3" final plat. (Maurice Schwanke)
g. Approve a Resolution regarding an Amendment to the Collin County
Animal Control Services Contract. ( Chief Jenks)
h. Approve a Resolution regarding an Amendment to the Collin County
Animal Shelter Services Contract. (Chief Jenks)
i. Review CDC Minutes for July 24, 2012. (Jessica Perkins)
j. Review CDC Minutes for August 2, 2012. (Jessica Perkins)
Ic. Review EDC Special Minutes for July 10, 2012. (Jessica Perkins)
1. Review EDC Minutes for August 2, 2012. (Jessica Perkins)
m. Authorize staff to solicit bids for the Water Well No. 2 Ground
Storage Tank Rehabilitation Project. (James Parkman)
7. Public Hearing: (1st)
For City Council to hear public comment regarding a proposed annexation of
property located east of Ferguson Parkway (CR 367) south of West White
Street and west of Slayter Creek, containing approximately 83.4 acres.
(Maurice Schwanke)
8. (a) Public Heating:
To consider public comment on a request by Abdul Kasbati, representative for
Muhammed Polani, owner of property, requesting a Specific Use Permit to
allow alcohol served on the premises where no permit is held or required
under the Texas Alcoholic Beverage Code for such service of alcohol. The
property is currently zoned as Restricted Commercial (C1) zoning and the use
is classified as a Private Event/Meeting Hall facility. The property is located
at 2513 N Powell Pkwy, Suite 400.
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council resernes the right to retire into executive session concerning viy 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.
1143-12 CC Regular Meeting Agenda.doc 4 Posted 11-09-12
(b) Consider/Discuss/Action regarding an ordinance for a Special Use Permit
to allow alcohol served on the premises where no permit is held or required
under the Texas Alcoholic Beverage Code for such ZAA of alcohol. The
property is currently zoned as Restricted Commercial (C 1) zoning and the use
is classified as a Private Event/Meeting Hall facility. The property is located
at 2513 N Powell Pkwy, Suite 400.
9. Consider/Discuss/Action regarding a Resolution approving a Development
Agreement with Oncor Electric Delivery. (Maurice Schwanke)
10. Consider/Discuss/Action regarding a Resolution approving the FY 2013 Street
Rehabilitation Project Plan. (James Parkman)
11. Consider/Discuss/Action regarding a Resolution approving a Professional
Services Agreement with The Management Connection, Inc. for Strategic
Planning Services, and approving a contingency appropriation for the project.
(City Manager)
12. 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); discussion regarding solid waste
disposal contract; anticipated litigation with Amazing Solar Solutions;
private club regulations.
b. discuss or deliberate the put•chase, 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 Manager 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.
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 Iegallyjustitied 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.
11-13-I2 CC Regular Meeting Agenda.doc 5 Posted 11-09-I2
1I Consider/Discuss/Action on any items listed on posted agenda for November
13, 2012 City of Anna Workshop Session or any closed session occurring
during this Regular Meeting, as necessary.
14. Adjourn.
This is to certify that I, Natha Willcison5 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. November 9, 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 resei��es 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.
11-1342 CC Regular Meeting Agenda.doc 6 Posted I 1-09-12
CITY COUNCIL MEETING
SIGN IN SHEET
DATE: 3
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.
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FirstSouthwestIM
TABLE OF CONTENTS
City of Anna, Texas
Combination Tax & Revenue Certificates of Obligation, Series 2012
Callable on 2/15/2019 @ par
-----Pricing Views as of 11/8/2012m-wmm
Report
i�
Combination Tax & Revenue Certificates of Obligation, Series 2012
Sources and Uses of Funds 1
Bond Summary Statistics 2
Bond Pricing . . 0 4
Bond Debt Service 0 8 6
Combination Tax &Revenue Certificates of Obligation, Series 2012 (Water)
Bond Debt Service 7
Combination Tax &Revenue Certificates of Obligation, Series 2012 (Sewer)
Bond Debt Service . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Nov 8, 2012 3:12 pm Prepared by FirstSouthwest (eaa) (Finance 7.002 Anna 2012:512C0_3)
FirstSouthwes1:4
BOND SUMMARY STATISTICS
City of Anna, Texas
Combination Tax & Revenue Certificates of Obligation, Series 2012
Callable on 2/15/2019 @ par
-M-MmPricing Views as of 11/8/2012M- m
Dated Date 12/20/2012
Delivery Date 12/20/2012
First Coupon 02/15/2014
Last Maturity 02/15/2033
Arbitrage Yield 2.387718%
True Interest Cost (TIC) 2.831309%
Net Interest Cost(NIC) 2.813671%
AIkin TIC 3.011748%
Average Coupon 3.024291%
Average Life (years) 14.930
Duration of Issue (years) 12.027
Par Amount
4,175,000.00
Bond Proceeds
4,343,859.90
Totallnterest
1,885,126.39
Net Interest
1,753,841.49
Bond Years from Dated Date
62,332,847.22
Bond Years from Delivery Date
62,332,847.22
Total Debt Service
6,060,126.39
Maximum Annual Debt Service
501,775.00
Average Annual Debt Service
300,709.24
Underwriter's Fees (per $1000)
Average Takedown
Other Fee
90000000
Total Underwriter's Discount
90000000
Bid Price
103.144549
Par
Average
Average
Bond
Component
Value
Price
Coupon
Life
Term
Bond 2021
175,000.00
105.252
2.500%
7.667
Term
Bond 2023
180,000.00
304.058
2.500%
9.653
Term
Bond 2026
290,000000
105.463
3.000%
12.170
Serial
Bonds
3,530,000.00
103.867
3.055%
15.786
4,175,000.00
14.930
AII-In
Arbitrage
TIC
TIC
Yield
Par Value
+
Accrued interest
+Premium (Discount)
- Underwriter's Discount
- Cost of Issuance Expense
- Other Amounts
Target Value
Target Date
Yield
4,175,000.00
168,859.90
37,575.00
42,420.88
4,2
12/20/2012
2.831309%
63,864.02
4,175,000.00
168,859.90
-37,575.00
-90,000.00
42,420.88
4,173,864.02
12/20/2012
3.011748%
4,175,000.00
168,859.90
42,420.88
4,301,439.02
12/20/2012
2.387718%
Nov 8, 2012 3:12 pm Prepared by FirstSouthwest (eaa) (Finance 7.002 Anna 2012:S12C0_3) Page 2
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FirstSouthwest'M
BOND DEBT SERVICE
City of Anna, Texas
Combination Tax &Revenue Certificates of Obligation, Series 2012
Callable on 2/15/2019 @ par
----Pricing Views as of 11/8/2012-----
Period
Ending
Principal
Coupon
Interest
Debt Service
09/30/2014
200,151.39
200,151.39
09/30/2015
80,000
1.000%
120,700.00
200p700.00
09/30/2016
80,000
2.000%
119,500.00
199,500.00
09/30/2017
80,000
2.000%
117,900.00
197,900.00
09/30/2018
80,000
2.000%
116,300.00
196,300.00
09/30/2019
80,000
2.000%
114,700.00
194,700.00
09/30/2020
85,000
2.500%
112,837.50
197,837.50
09/30/2021
90,000
2.500%
110,650.00
200,650.00
09/30/2022
90,000
2.500%
108,400.00
198,400.00
09/30/2023
90,000
2.500%
10611S0.00
196,150.0O
09/30/2024
95,000
3.000%
103,600.00
198,600.00
09/30/2025
95,000
3.000%
100,750.00
195,750.00
09/30/2026
100,000
3.000%
97,825.00
197,825.00
09/30/2027
405,000
3.000%
9%250.00
495,250.00
09/30/2028
420,000
3.000%
77,875.00
497,875.00
09/30/2029
435,000
3.000%
65,050.00
500,050000
09/30/2030
450,000
3.000%
51,775.00
501,775.00
09/30/2031
460,000
3.000%
38,125.00
498,125.00
09/30/2032
475,000
3.000%
24,100.00
499,100.00
09/30/2033
485,000
3.500%
8,487.50
493,487.50
41175,000
1,885,126.39
6,060,126.39
Note: Preliminary, subject to change.
Nov 8, 2012 3:12 pm Prepared by FirstSouthwest (eaa) (Finance 7.002 Anna 2012:S12C0_3) Page 6
FirstSouthwest,'
BOND DEBT SERVICE
City of Anna, Texas
Combination Tax & Revenue Certificates of Obligation, Series 2012 (Sewer)
Period
Ending
Principal
Coupon
Interest
Debt Service
09/30/2014
86,729.51
86,729.51
09/30/2015
35,000
1.000%
521300.00
87,300900
09/30/2016
35,000
2.000%
51,775.00
86,775900
09/30/2017
35,000
2.000%
511075.00
861075.00
09/30/2018
35,000
2.000%
50,375.00
851375.00
09/30/2019
35,000
2.000%
49,675.00
84,675.00
09/30/2020
35,000
2.500%
4%887.50
83,887.50
09/30/2021
40,000
2.500%
47,950.00
87,950600
09/30/2022
40,000
2.500%
46,950.00
861950.00
09/30/2023
40,000
2.500%
451950.00
85,950000
09/30/2024
40,000
3.000%
44,850900
84,850900
09/30/2025
40,000
3.000%
431650.00
83,650.00
09/30/2026
45,000
3.000%
421375.00
871375.00
09/30/2027
175,000
3.000%
39,075.00
214,075.00
09/30/2028
180,000
3.000%
331750.00
2131750.00
09/30/2029
190,000
3.000%
28,200.00
2181200.00
09/30/2030
195,000
3.000%
22,425.00
217,425.00
09/30/2031
200,000
3.000%
16,500.00
216,S00.00
09/30/2032
205,000
3.000%
10,425.00
2151425.00
09/30/2033
210,000
3.500%
31675.00
213,675.00
11810,000
8161592.01
21626,592.01
Note: Preliminary, subject to change.
Nov 8, 2012 3:12 pm Prepared by FirstSouthwest (eaa) (Finance 7.002 Anna 2012:S12C0_3) Page 8
Welcome to e city courro## meeting. . dour preseam and part1c# aE#arr are
appreciated. -you way makO your € pInfon known on an issue andfor register to -
speak to tiTe Mayor and Gity Cound. Please tum t 1s form #rr at the staff, tabfelto
be trwarded W the l4a or. please step fo: the poffum as soon as you are
recngoized b the Mayor and state your name aftd address before b ranfa.your
presentafforir f u have r#�€� rt€ ten or offrer aterla# you wash fo� present the
Mayor and ounelf, please furn#shi an- extra copy for the official fifes.
Name. AO)n n d m m► ranaa,
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appreciated. You way make your opinion k£ mtn are an issue andfcr €egl ter to.
speak ter Mayor an �iLY €� cIT. Pea e t thfs� fo [n at the Sta tabre- to
be flonvarded to the Mayor. cr. PCease step to the padIfilm as soon as you are
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presentattct�. If you have w--r'tt�n notes cr carer r�.aterfat you wish tc p€�� �� the
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eiwme to mthe city councfi meeting.. Year presence and pa e fcf-afforT are
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speak to tfte Mayor and Git Council_ �Pea�e � €� �€� �� 4� e ��� ' �����' to
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preseu �n. have ti ro rrcfe cr e ar m. eri i s to present to the
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t do not tads f€ address the Mayor c e arr€f i CGuncilt but € o sh fa register ef
Welcome to the city aaundf meet€m., Your presence and paitfUl" �€�rT are
appreeffatedr .You may maW your opinion known an an issue andfor regieter to -
speak to tite Mayor and Girth Council. Please tum th[s form Irn at the staff -table -to
be iervarded to the Mayor. Rease step to the pedtilm as scery as you are
recognized b the ayor and state your name and address before beer[r1��r�. year
presentatiert. It you have err-6 n notes or ether material you vast to present the
Mayar and € F pie e f€ rn(sh are extra a9 for the offirc al files.
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Welcome to the city council meet€ng.. Your preseam and paitici --ema are
apprecfatedv .You may make your opinion know on an issue andfor €egieter to-
pto tfie Mayor and Gil €�mm i�iease �rt€� form€n at the statableto
be forwarded W the Mayor. PDease step to the podEum as saarr as you are
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speak to the Mayer and Gity Council. Reaset jrn fir€s form fwn at the staff,tabfa-fo
be fonvarded f€v the Ua or. Please step to to pndEum as soon as you are
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MEMORADUM
Date: 11110114
To: Na Wilkison, City Secretary
Cc: Philip Sanders, City Manager
From: Clark McCoy, City Attorney
RE: Runoff Election
ISSUES:
(a) When can the City hold any necessary runoff election if it canvasses the election on November
19th1 2012? Can it be timed between the Thanksgiving and Christmas holidays?
(b) When would early voting for the runoff election be conducted?
SHORT ANSWERS:
(a) The runoff election must be held between the 20th day after the final canvass and the 45`h day after
the final canvass. If final canvass is complete November 19, 2012, the runoff election can be held any
date between Monday, December 10th, 2012 and Thursday, January 3, 2013.
(b) The standard period for early voting by personal appearance begins 17 days before the runoff
election day and ends 4 days before the runoff election day. If the runoff election is to be held
December 10, 2012, the early voting period would normally run from Friday, November 23 to Thursday,
December 6, but it may be possible to shorten early voting if ballots cannot be generated in time or if
other factors make it impossible to allow for the standard early -voting period.'
IMPORTANT DATES:
November 19 Final Canvass of November 6, 2012 Election2 (two Council members required)
November 19 City Council Orders Runoff Election (quorum of Council required)
Nov. 23 — Dec. 6 Standard Early Voting Period (subject to being shortened)
November 26 Deadline to Post Notice of Runoff Election
s If because of the date for which an election is ordered it is not possible to begin early voting by personal
appearance on the prescribed date, the early voting period shall begin on the earliest date practicable after
the prescribed date as set by the authority ordering the election.
z The Mayor (or in the Mayor's absence, the Council member who is the presiding officer over the canvass)
must certify to the City Secretary in writing for placement on a runoff election ballot the names of the runoff
candidates. This certification should be addressed to the City Secretary, and the following wording would be
appropriate: "I hereby certify that the office title(s) and names of candidates to be placed on the ballot for the
runoff election to be held on December 10, 2012: [insert Place number and name of candidates as they
appear on ballot]."
November 30 Deadline to Publish Notice of Runoff Election
December 10 Runoff Election Day
December 18 First Day Runoff Election Results can be Canvassed
December 21 Last Day Runoff Election Results can be Canvassed
AUTHORITY:
• Tex. Elec. Code § 67.003 and Tex. Election Code § 86.007(d)(3). Canvass must be conducted between
Wednesday, November 14, 2012 and Monday, November 19, 2012.
• Under the Anna charter and Texas Constitution Article XI, Section 11, the City must have a runoff if no
candidate for membership in the governing body received a majority of the votes cast.
• The runoff election must be ordered no later than five days after the canvass is completed. If the canvass
occurs on November 19, 2012, any necessary runoff election must be ordered by Monday, November 26,
2012. Tex. Elec. Code § 2.024 (fifth day falls on a Saturday, so it carries to the next business day under
Tex. Elec. Code § 1.006)
• Tex. Elec. Code § 2.025(a): "[A] runoff election shall be held not earlier than the 20t" or later than the 45t"
day after the date the final canvass of the main election is completed."
20 days after November 19t", 2012 is Sunday, December 9`", 2012.
45 days after November 192012 is Thursday, January 3, 2013.
• The runoff cannot be canvassed any earlier than the 84" day following the election or later than the
11t" day. For December 10, canvass could not be conducted earlier than December 18, 2012.
• Early voting by personal appearance is controlled by Tex. Elec. Code § 85.001
a Notice of the election must published in the newspaper in the same manner as a regular election (between the
30`" and 10t" date before the runoff election). However, notice must be op sted at least 15 days before the election
instead of the normal deadline of 21 days.
On the effective date of annexation, the City of Anna, Texas and its Police Department
will provide police protection to the newly annexed area at the same or similar level of
service now being provided to other areas of the City of Anna, Texas with similar
topography, land use, and population density within the newly annexed area.
On the effective date of annexation, the City of Anna, Texas and its Fire Department will
provide fire protection to the newly annexed area at the same or similar level of service
now being provided to other areas of the City of Anna, Texas with similar topography,
land use, and population density within the newly annexed area.
On the effective date of annexation, the City of Anna, Texas, through its contract with
Collin County or another service provider, will provide emergency medical services to
the newly annexed area at the same or similar level of service now being provided to
other areas of the City of Anna, Texas with similar topography, land use, and population
density within the newly annexed area.
On the effective date of annexation, the City of Anna, Texas, through its contract with
Bradshaw and Son or another service provider, will provide solid waste collection to
residents and businesses in the newly annexed area (to the extent that the service
provider has access to the area to be serviced) at the same or similar level of service
now being provided to other areas of the City of Anna, Texas with similar topography,
land use, and population density within the newly annexed area. Such service will be
provided in accordance with existing City policies and ordinances, and only upon
payment of any required deposits and the agreement to pay lawful service fees and
charges for solid waste collection.
Residents and businesses of the newly annexed area that have existing contracts with
solid waste service providers have two years from the date of annexation or until the
termination date of the existing contract, whichever is sooner, to begin solid waste
Page 1 of 4
collection service through the City. Solid waste collection is mandatory for City of Anna
residents and businesses operating within the city limits.
On the effective date of annexation, any and all water or waste water facilities owned by
the City of Anna, Texas at the time of annexation shall be maintained and operated by
the City of Anna, Texas and services shall be provided in the newly annexed area at the
same or similar level of service now being provided to other areas of the City with
similar topography, land use, and population density within the newly annexed area. Of
such facilities, the City will maintain the main water transmission and wastewater
collection lines. All water and wastewater service lines (up to and including the service
line connection with the City's main line), shall be maintained by the property owner
served by the service connection.
Residents and owners of property in newly annexed areas that are located within the
City's water or wastewater CCN will be offered water and wastewater service in
accordance with City policies and ordinances in existence at the time of annexation or
as may be amended from time4o4ime by the City Council. Generally, these ordinances
state that the land owner or customer must bear the cost of construction of water and
wastewater system facilities to a point where suitable connection to the existing system
can be made and service to the customer can be provided. All water and wastewater
facilities designed to connect to the City's existing system must be approved by the City
and meet all City zoning, subdivision, and other development ordinances and
requirements.
On the effective date of annexation, any and all existing public roads or streets in the
newly annexed area which have been dedicated to Collin County, Texas or to the City
A Anna, Texas, or which are owned by the City of Anna, Texas shall be maintained to
the same degree and extent that other roads and streets are maintained in areas of the
City with similar topography land use and population density. Specific maintenance
activities are determined by available funding and the need for maintenance as
determined by the City. The City is not obligated to maintain any portion of a private
road or street. Any and all lighting of roads and streets which may be positioned in a
public right of way, roadway or utility company easement shall be maintained by the
applicable utility company servicing that area of the City of Anna, Texas pursuant to the
rules regulations and fees of such utility.
An owner of land within the newly annexed area that desires to develop said property
will be required pursuant to the ordinances of the City of Anna, Texas to provide internal
and peripheral streets and to construct those streets in accordance with the
specifications required by the City of Anna, Texas.
Page 2 of 4
• " • 11 IAN IN I Wd =111 IN 110 .
The City Council of the City of Anna, Texas is not aware of the existence of any public
parks, public playgrounds, public swimming pools, or any other publicly owned facility,
building or service now located in the area proposed for annexation. In the event any
such parks, playgrounds, swimming pools, or any other public facilities, buildings or
services do exist and are public facilities, the City of Anna, Texas will maintain such
areas upon annexation to the same extent and degree that it maintains public parks,
public playgrounds, public swimming pools, other public facilities buildings or services
and other similar areas of the City now incorporated in the City of Anna, Texas.
To the extent that it becomes necessary because of development demands population
growth or a bona fide need, the City Council of the City of Anna, Texas will undertake to
provide any such facility which it deems necessary to adequately provide for the health
and safety of the citizens of the newly incorporated area based upon the standard
considerations of topography, land use and population density.
Following annexation by the City of Anna, Texas, the City will provide code
enforcement, planning, and animal control services to the newly annexed area, to the
Went such services are funded in the annual budget and provided by the City within its
fulkpurpose boundaries. Such services will be provided to the newly annexed area at
the same or similar level of service now being provided to other areas of the City of
Anna, Texas with similar topography, land use, and population density within the newly
annexed area.
The City Council of the City of Anna, Texas finds and determines it to be unnecessary
to acquire or construct specific capital improvements for the purposes of providing full
municipal services to the newly annexed area. The City Council finds and determines
that it has at the present time adequate facilities to provide the same type, kind and
level of service which exists in and is presently being administered to other areas
already incorporated in the City of Anna, Texas with the same or similar topography,
land use and population density.
The City Council of the City of Anna, Texas finds and determines that this proposed
Service Plan will not provide any fewer services and it will not provide a lower level of
service in the area proposed to be annexed than were in existence in the proposed area
at the time immediately preceding the annexation process. Furthermore, the City
Council of the City of Anna, Texas finds and determines that the rural nature of the area
Page 3 of 4
is characteristically different from other more highly developed areas within the
corporate limits of the City of Anna, Texas. Consequently because of the differing
characteristics of topography, land use, and population density the service levels which
may ultimately be provided in the newly annexed area may differ somewhat from
services provided in other areas of the City of Anna, Texas. These differences are
specifically dictated because of differing characteristics of the property. The City of
Anna, Texas will undertake to perform consistent with this service plan so as to provide
this newly annexed area with the same type, kind and quality of service presently
enjoyed by the citizens of the City of Anna, Texas who reside in areas of similar
topography, land use and population density.
TERM
This Service Plan shall be valid for a term of ten (10) years. Renewal of the Service
Plan shall be at the discretion of the City Council.
This Service Plan may be amended if the City Council determines at a public hearing
that changed conditions or subsequent occurrences make this Service Plan unworkable
or obsolete. The City Council may amend the Service Plan to conform to the changed
conditions or subsequent occurrences pursuant to Texas Local Government Code,
Section 43.056.
Page 4 of 4
1
r_€tu�tt!�.a�ili
Council Meeting: November 13, 2012
Account Code #: N/A
Item No. 3 W S
City Secretary's use only
City of Anna
City Council Agenda
an Report
Staff Contact: Natha Willcison
Date Prepared: 11-8-12
Budgeted Amount: N/A Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Discussion/Briefing on the November 6, 2012 Special
Election to Fill a Vacancy, Place 2.
SUMMARY: Official results are not available at this time but it appears that no one
candidate received 50% of the votes. The county is reviewing 3900 provisional ballots
and we hope to have results by meeting time. Staff and legal counsel are reviewing early
voting dates and a run-off election date in order to call for the Run-off Election if needed.
RECOMMENDATION:
y{OUp} gOMETOWN
Council Meeting: November 13 2012
Account Code #: N/A
Budgeted Amount: N/A
Item No.4 W S
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Clayton Fulton
Date Prepared: 11/9/12
Exhibits: ❑Yes Q No
AGENDA SUBJECT: Briefing/Discussion regarding the issuance of Certificates of
Obligation for water and wastewater improvements
SUMMARY: As discussed in previous council meetings, the City is planning to issue
Certificate of Obligation for infrastructure improvements to our water system and waste
water system which will allow the city to serve an increased number of customers and
keep pace with growth.
Our financial advisors First Southwest have been monitoring the market conditions and
evaluating terms of the debt issues that fit best with our overall debt management
strategy. Jim Sabonis from First Southwest is here to update the council and discuss our
recommendation to consider a 20 year debt term.
I:� DLK�]►% lui�l►`117.r Y [�)►`��[.Tii:
R*
Council Meeting: November 13, 2012
Account Code #: N/A
Budgeted Amount: N/A
Call to order.
SUMMARY:
RECOMMENDATION:
Item No. 1
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 11-08-12
Exhibits: ❑Yes ❑ No
�w
Council Meeting: November 13, 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
Budgeted Amount: N/A Exhibits: ❑Yes
AGENDA SUBJECT: Invocation and Pledge of Allegiance.
SUMMARY:
RECOMMENDATION:
11-08-12
❑ No
Item No. 3
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Y{OUii} HOMETOWN
Council Meeting: November 13 2012 Staff Contact: Philip Sanders
Account Code #: N/A Date Prepared: 11-08-12
Budgeted Amount: N/A Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Citizen Comments. Citizens ai°e alloN�ed 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.
SUMMARY:
RECOMMENDATION:
n
Council Meeting: November 13 2012
Account Code #: N/A
Budgeted Amount: N/A
Item No. 4
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 11-08-12
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Receive reports from Staff or the City Council about items
of community interest. Items of community interest include: expressions of thanks,
congratulations, or condolence; information regarding holiday schedules; an honorary
or salutary recognition of a public official, public employee, or other citizen (but not
including a change in status of a person's public office or public employment); a
reminder about an upcoming event organized or sponsored by the governing body;
information regarding a social, ceremonial, or community event organized or sponsored
by an entity other than the governing body that was attended or is scheduled to be
attended by a member of the governing body or• an official or employee of the
municipality; and announcements involving an imminent threat to the public health and
safety of people in the municipality that has arisen after the posting of the agenda.
SUMMARY:
RECOMMENDATION:
i
Council Meeting: November 13, 2012
Account Code #: N/A
Budgeted Amount:
N/A
Item No. 5
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Jessica Perkins
Date Prepared: 11-08-12
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Recognition of the Graduates of the 2012 Citizen's
Academy. (Jessica Perkins)
SUMMARY:
This is the list of this year's graduates:
Connie Stump
Dave Stump
Lee Miller
Sandy Setliff
Danielle Duncan
Todd Engles
Jean May
RECOMMENDATION:
Council Meeting: November 13, 2012
Account Code #: N/A
Budgeted Amount: N/A
Item No. 5 a —rn
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 11-08-12
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consent Items. These items consist of non-conb°oversial or
'housekeeping" items rewired by la1v. 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 October 23, 2012 Regular Meeting.
b. Approve the `Brown Addition development plat. (Maurice Schwanke)
c. Approve the "Wiginton" development plat. (Maurice Schwanke)
d. Approve a Final Plat "Oncor Addition". (Maurice Schwanke)
e. Approve the "Urban Crossing, Lot 7R, BlockA, Replat -vacating Lot
7, Block A. (Maurice Schwanke)
f. Approve the "West Crossing Phase 3" final plat. (Maurice Schwanke)
g. Approve a Resolution regarding an Amendment to the Collin County
Animal Control Services Contract. ( Chief Jenks)
h. Approve a Resolution regarding an Amendment to the Collin County
Animal Shelter Services Contract. (Chief Jenks)
i. Review CDC Minutes for July 24, 2012. (Jessica Perkins)
j. Review CDC Minutes for August 2, 2012. (Jessica Perkins)
lc. Review EDC Special Minutes for July 10, 2012. (Jessica Perkins)
1. Review EDC Minutes for August 2, 2012. (Jessica Perkins)
m. Authorize staff to solicit bids for the Water Well No. 2 Ground
Storage Tank Rehabilitation Project. (James Parkman)
RECOMMENDATION: Staff recommends approval of the consent items.
MINUTES OF
CITY OF ANNA AGENDA NOTICE - CITY COUNCIL WORKSHOP
October 23, 2012
6:30 p.m. —Anna City Hall Administration Building
The City Council of the City of Anna met in Workshop Session at 6:30 p.m., October 23,
2012, at the Anna City Hall Administration Building, located at 111 North Powell
Parkway (Hwy 5), regarding the following items.
1.
3.
4.
Call to Order.
Mayor Mike Crist called the meeting to order at 6:30 pm.
Roll Call and Establishment of Quorum.
Mayor Milce Crist and Council Members James T. Coolc, John Hopewell,
John Geren, Nathan Bryan and Becky Glover were present.
Presentation/Briefing from AYSA Board President.
Jason Adams, President of the AYSA Board gave a presentation to council
explaining the makeup of the AYSA organization and answered questions
from council members.
Council Member Glover made the motion to enter closed session at 7:02
pm. Council Member Bryan seconded the motion. Motion passes.
AYE 6
NAY 0
A
BSTAIN 0
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 Disciplina><y Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with
Chapter 551 of the Government Code (Tex. Gov't Code §551.071);
discussion regarding the legal aspects of Parks and Recreation
Programs & Capital Improvements Program; anticipated litigation
with property owner,
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.
10-2342 CC Regular Meeting Minutes.doc I 10-23-12
c. discuss or deliberate .Economic Development Negotiations: (1) To
discuss or deliberate regarding commercial or financial information that
the City has received from a business prospect that the City Council
seeks to have locate, stay, or expand in or near the territory of the City of
Anna and with which the City 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 looping to locate in Anna.
d. discuss or deliberate personnel matters: City Manager 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 Member Cook made the motion to return to open session at 7:32
pm. Council Member Bryan seconded the motion. Motion passes.
AYE 6
NAY 0
ABSTAIN 0
5. Consider/Discuss/Action on any items listed on posted agenda for
October 23, 2012 City of Anna City Council Regular Meeting or any
Closed Session occurring during this Workshop, as necessary.
Council Member Hopewell made the motion to take no action. Mayor Crist
seconded the motion. Motion passes.
AYE 6
6. Adjourn.
NAY 0
ABSTAIN 0
Council Member Cook made the motion to adjourn at 7:33 pm. Council
Member Bryan seconded the motion. Motion passes.
AYE 6
ATTEST:
Natha Wilkison, City Secretary
NAY 0
APPROVED:
Mike Crist, Mayor
10-23-12 CC Regular Meeting Minutes.doc 2 10-23-12
MINUTES OF
CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING
October 23, 2012
7:30 p.m. —Anna City Hail Administration Building
The City Council of the City of Anna met in Regular Session at 7:30 p.m., October 23,
2012, at the Anna City Hall Administration Building, located at 111 North Powell
Parkway (Hwy 5), to consider the following items.
l�elcome to the City Council Meeting. Please sign the Sign -In -Sheet as
attendance. If you wish to speak on an open -session agenda item please
1. Call to Order.
Mayor Mike Crist called the meeting to order at 7:33 pm.
2. Invocation and Pledge of Allegiance.
Mayor Crist gave the invocation.
fill
3. Citizen comments. Citizens are allowed 3 mi�tutes to speak. The Council is
unable to respond to or discuss any issues that the 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.
Charles Miller, Chail•man of the Anna Food Pantry gave a presentation about
the food pantry and asked for help in finding a new location.
4. Receive reports from Staff or the City Council about items of community
interest. Items of commu>'aity 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
A reminder for Glowfest was mentioned.
]0-23-12 CC Regular Meeting Minutes.doc 3 ]0-23-12
5. Consent Items. These items consist of non -controversial or "housekeeping"
items required by law. Items may be considered individually by any Council
member making scrch request prior to a motion and vote on the Consent
Items.
a. Approve City Council Minutes for October 9, 2012 Regular
Meeting.
b. Adopt an Ordinance approving the 2012 Tax Roll. (Clayton
Fulton)
c. Approve Resolution requesting customer status in the North Texas
Municipal Water District's Upper East Fork Wastewater
Transmission System and Wastewater Treatment System. (City
Manager)
Council Member Bryan made the motion to approve. Council Member Glover
seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
6. Presentation by the American Legion recognizing Firefighter and E.M.S.
personnel.
Dicic Dowd and Gary Billups with the American Legion explained and
presented the award recognizing Firefighter and E. M. S. personnel.
7. Consider/Discuss/Action regarding a Resolution awarding the bid and
approving a contract for the FM 455 Utility Relocation Project. (City
Manager)
City Manager, Philip Sanders presented the item to council and answered
questions. Council Member Hopewell made the motion to approve. Council
Member Glover seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
Public Hearing: To consider public comments regarding an
ordinance of the city of Anna, Texas, amending the Anna City Code of
Ordinances by amending Part III — C, Section 35 by adding Section 35.04
(Residential Building Standards) and amending Part III — E, Section 6 by
adding Section 6 (r) (Residential Irrigation Requirements). (Maurice
Schwanke)
Philip Sanders, City Manager gave some back ground information as to the
reason for these recommendations. Maurice Schwanke, Director of Planning
and Development presented the item to council. Mayor Crist opened the
public hearing at 8* 17 pm. Developer, Don Collins spoke on this item and
10-23-12 CC Regular Meeting Minutes.doc 4 10-23-12
answered council member questions. Mayor Crist closed the public hearing at
8:26 pin.
(b) Consider/Discuss/Action regarding an of dinance of the city of Anna,
Texas, amending the Anna City Code of Ordinances by amending Part
III — C, Section 35 by adding Section 35.04 (Residential Building
Standards) and amending Part III — E, Section 6 by adding Section 6 (r)
(Residential Irrigation Requirements). (Maurice Schwanke)
Council Members discussed striking reference to wood shingles and striking
the irrigation section 2.02 from the ordinance. Council Member Glover made
the motion to approve the ordinance striking the wood shingles or shakes
reference and to remove section 2:02. Council Member Cook seconded the
motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
Council directed staff to follow up on some wording for the irrigation for
fi.rture development.
Council Member Coolc requested to return to the consent item 5 (b). Council
Member Cook made the statement to let Mr. Maun know that Mike Crist is
the Mayor.
9. (a) Public Hearing
To consider public comment on a request by Tom Slowbe, representative
for the property owner, to change zoning from Agriculture (AG) to Single
Family Residential (SF-60) District zoning on property located at East
Fork Estates Block A, Lot 5-R1, 5-R2, and 5-R3, containing
approximately 5.0 acres. (Maurice Schwanke)
Maurice Schwanke, Director of Planning and Development present the item to
council. Mayor Crist opened the public hearing at 8:43 pm. There was no
public comment. Mayor Crist closed the public hearing at 8:44 pm.
(b) Consider/Discuss/Action adopting an Ordinance regarding a request
to change zoning on property located at East Fork Estates, Block A, Lot
5-Rl, 5-R2, and 5-W from Agriculture (AG) to Single Family Residential
(SF-60) District zoning. (Maurice Schwanke)
Council Member Hopewell made the motion to approve. Council Member
Glover seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
10-23-12 CC Regular Meeting Mii�utes.doc 5 10-23-12
10. (a) Public Hearing
To consider public comment on a request by Wan Kim, owner of
property, to change zoning from Single Family Estates (SFE) to General
Commercial (C2) District zoning with a Specific Use Permit to allow for
an indoor "Animal Care and Kennel" facility. The property is located at
12604 Sam Rayburn Memorial Highway (State Hwy 121). (Maurice
Schwanke)
Maurice Schwanke, Director of Planning and Development presented the item
to council and answered questions. Mayor Crist opened the public hearing at
8:48 pm. There was no public comment. Mayor Crist closed the public
hearing at 8:48 pm.
(b) Consider/Discuss/Action adopting an Ordinance regarding a request
to change zoning from Single Family Estates (SFE) to General
Commercial (C2) District zoning with a Specific Use Permit to allow for
an indoor "Animal Care and Kennel" facility located at 12604 Sam
Rayburn Memorial Highway (State Hwy 121). (Maurice Schwanke)
Council Member Glover made the motion to approve. Council Member Bryan
seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
11. Consider/Discuss/Action regarding a Resolution approving a General
Engineering Services Task Order for Water and Wastewater Impact Fee
Update & Development of Roadway Impact Fees. (City Manager)
City Manager, Philip Sanders presented the item to council and answered
questions. Council Member Glover made the motion to approve. Mayor Crist
seconded the motion. Motion passes.
AYE 5 NAY 1(CM Hopewell) ABSTAIN 0
12. Consider/Discuss/Action regarding an Ordinance amending the FY 2013
Budget to fund an Impact Fee Study. (Clayton Fulton)
City Manager, Philip Sanders presented the item to council and answered
questions. Council Member Glover made the motion to approve. Council
Member Geren seconded the motion. Motion passes.
AYE 5
NAY 1(CM Hopewell)
► 1
10-23-12 CC Regular Meeting Minutes.doc 6 10-23-12
Council Member Bryan made the motion to enter closed session at 9:01 pm.
Council Member Hopewell seconded the motion. Motion passes.
13. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter
551, the City Council may enter into closed session to discuss any items
listed or referenced on this agenda under the following exceptions:
a. consult with legal counsel regarding pending or contemplated
litigation and/or on matters in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with
Chapter 551 of the Government Code (Tex. Gov't Code §551.071);
discussion regarding the legal aspects of Parks and Recreation
Programs & Capital Improvements Program; anticipated litigation
with property owner.
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 Economic Development Negotiations: (1) To
discuss or deliberate regarding commercial or financial information
that the City has received from a business prospect that the City
Council seeks to have locate, stay, or expand in or near the territory
of the City of Anna and with which the City 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.
d. discuss or deliberate personnel matters. City Manager 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 Member Hopewell made the motion to return to open session at
10:22 pm. Council Member Geren seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
10-23-12 CC Regular Meeting Minutes.doc 7 10-23-12
14. Consider/Discuss/Action on any items listed on posted agenda for
October 23, 2012 City of Anna Workshop Session or any closed session
occurring during this Regular Meeting, as necessary.
Council Member Glover made the motion to take no action. Council Member
Geren seconded the motion. Motion passes.
15. Adjourn.
Council Member Coolc made the motion to adjourn at 10:23 pm. Council
Member Bryan seconded the motion passes.
AYE 6 NAY 0 ABSTAIN 0
ATTEST: APPROVED:
Natha Wilkison, City Secretary
Milce Crist, Mayor
10-23-12 CC Regular Meeting Minutes.doc 8 ]0-23-12
Council Meeting: November 13, 2012
Account Code #: N/A
Budgeted Amount: N/A
Item No.6 (b)
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanke
Date Prepared: 11/07/12
Exhibits: ■Yes ❑ No
AGENDA SUBJECT: Approve the "Brown Addition" development plat.
SUMMARY: This Development Plat is within the Extra Territorial Jurisdiction of the
City. The applicant is proposing the construction of an accessory structure on the
property. According to Our Comprehensive Plan a future thoroughfare will impact the
development plat. This thoroughfare is a southerly extension of County Road Number
478, proposed as a major collector street in 120 feet of right-of-way. Farm to Market
Highway Number 2862 in this area is in 90 feet of right-of-way, however, is not
considered a thoroughfare in this area for the future. This development plat complies with
our standards and the staff is recommending approval.
PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning
Commission recommended approval of the final plat unanimously at their meeting
November 5, 2012.
RECOMMENDED ACTION: Approval
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Council Meeting: November 13I 2012
Account Code #: N/A
Budgeted Amount: N/A
Item No.6 (c)
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanlce
Date Prepared: 11/07/12
Exhibits: ■Yes ❑ No
AGENDA SUBJECT: Approve the "Wiginton" development plat.
SUMMARY: The Wiginton Development Plat is located in Anna's Extra Territorial
Jurisdiction (ETJ). According to Our Comprehensive Plan two thoroughfares will impact
the development plat. These thoroughfares, County Road Number 427 and a southerly
extension of County Road Number 478, are both proposed as major collector streets in
120 feet of right-of-way. Farm to Market Highway Number 2862 in this area is in 90 feet
of right-of-way, however, is not considered a thoroughfare in this area for the future. This
development plat complies with our standards and the staff is recommending approval.
PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning
Commission recommended approval of the final plat unanimously at their special
meeting October 22, 2012.
RECOMMENDED ACTION: Approval
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Council Meeting: November 13, 2012
Account Code #: N/A
Budgeted Amount: N/A
Item No.6 (d)
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanlce
Date Prepared: 11/07/12
Exhibits: ■Yes ❑ No
AGENDA SUBJECT: Approve a Final Plat "Oncor Addition".
SUMMARY: A final plat has been submitted for a tract of land owned by Oncor for a
future electrical substation. A developer agreement has been prepared for this site to
address landscape requirements. The plans for this addition have been reviewed and
approved. The plat meets the ordinance requirements except for the aforementioned
landscape standards.
PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning
Commission recommended approval of the final plat unanimously at their meeting May
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RECOMMENDED ACTION: Approval of final plat.
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Council Meeting: November 13 2012
Account Code #: N/A
Budgeted Amount:
■
Item No.6 (e)
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanke
Date Prepared: 11/07/12
Exhibits: ■Yes ❑ No
AGENDA SUBJECT: Approve the "Urban Crossing, Lot 7R, Block A, Replat-vacating
Lot 7, Block A.
SUMMARY: A replat of Lot 7, Block A, of the Urban Crossing Subdivision has been
submitted to change the 75' front yard setback to 65'. In order to accomplish this under
the "Local Government Code" the existing lot was required to be vacated and signed off
of by every lot owner in the subdivision. We have received vacation documents from all
of the existing land owners in the subdivision. The staff is recommending approval of
plat.
PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning
Commission recommended approval of Lite final plat unanimously at their meeting
November 5, 2012.
RECOMMENDED ACTION: Approval
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Council Meeting: November 13, 2012
Account Code #: N/A
Budgeted Amount: N/A
Item N0.6 (1)
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanlce
Date Prepared: 11/07/12
Exhibits: ■Yes ❑ No
AGENDA SUBJECT: Approve the "West Crossing Phase 3" final plat.
SUMMARY: The Engineering plans for West Crossing Phase 3 have been approved.
The Phase 3 improvements will be north of Hackberry Street and east of West Crossing
Blvd. The staff is recommending approval of this plat. Rough grading has already
occurred and installation of the infrastructure is beginning.
PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning
Commission recommended approval of the final plat unanimously at their meeting
November 5, 2012.
RECOMMENDED ACTION: Approval
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CITY OF ANNA, TEXAS
Council Meeting: November 13, 2012
Account Code #:
Budgeted Amoul
Item No. 5 (ajij
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Chief Jenlcs
Exhibits: � Yes ❑No
AGENDA SUBJECT: Consider/Discuss/Action approving a Resolution amending and
extending the agreements with Collin County for Animal Control and Sheltering
Services.
SUMMARY: The City's Animal Control and Sheltering Services occur through
agreements with Collin County. It is currently the most cost effective means of
providing Animal Services.
These resolutions allow the agreements to be amended to extend the Animal Control and
Animal Sheltering Services agreements through September 30, 2013.
It is important for the Council to know that when we budgeted for FY 2013, we were told
by Collin County that we would be seeing a cost increase in both agreements totaling
$5,304.88. When the agreements were sent to us after October 1, the County increased
the fee amounts by $6,325. This figure will cause us to be over budget approximately
$1,020.12
STAFF RECOMMENDATION: Approve the ><•esolution amending/extending the
Animal Services/Sheltering agreements with Collin County.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING EXTENSION OF AN
AGREEMENT WITH COLLIN COUNTY FOR ANIMAL CONTROL SERVICES.
WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that the
agreement with Collin County for providing Animal Control Services to the citizens of
Anna is worthy of renewal; and
WHEREAS, the City Council approves Collin County's amendment to the current
Animal Control Services agreement, Section 2, amended to read as follows:
"Extension of agreement for one (1) year period as provided for in section 5.0 of
the contract documents. Agreement shall be in effect from October 1, 2012, continuing
through and including September 30, 2013."
" Total amount for fiscal year 2013: $34,057.00 "
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this
day of November, 2013.
Mike Crist, Mayor
ATTEST:
Natha Wilkison, City Secretary
CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 of 1
�r
�_
October 29, 2012
City of Anna
Attm Mayor
PO Box 776
Anna, TX 75409
Re: Animal Control Services
Dear Mayor:
Office of the Purchasing Agent
2300 Bloomdale Road
Suite 3160
McKinney, Texas 75071
www.collincountytx.gov
The FY2013 budget process has been completed and the fees for Animal Control Services ONLY,
have been calculated. The annual fee for animal control services to be paid by the City of Anna to
Collin County for FY2013 will be $34,057.00.
The Collin County Treasurer's Office will be mailing quarterly statements to the City of Anna for the
quarterly fee remittance.
Please execute the enclosed contract amendment forms which extend the agreement for Animal
Control Services ONLY between the City of Anna and Collin County for an additional one (1) year
term, and return all copies to the Collin County Purchasing Department at the address below.
Upon completion, one (1) fully executed copy will be returned to you for your files.
Should you have any questions, please feel free to contact me at (972) 548-4103 or Metro (972)
424-1460, ext. 4103.
Sincerely,
Matt Dobecka, CPPB
Collin County Purchasing Department
2300 Bloomdale Rd., Ste 3160
McKinney, Texas 75071
/md
Encl.
c: file
L
Vendor: City of Anna
Attn: Mayor
PO Box 776
Contract Amendment
Anna, TX 75409
Awarded by Court Order No.:
Contract Amendment No.:
Contract Amendment No.:
Contract Amendment No,:
Contract Amendment No.:
Contract Amendment No.:
1
Court
Order
No.
2
Court
Order
No.
3
Court
Order
No.
4
Court
Order
No.
5
Court
Order
No.
Office of the Purchasing Agent
Collin County Administration Building
Flye (5) 2300 Bloomdale Rd, Ste 3160
McKinney, TX 75071
972-548-4165
Effective Date 10/1/2012
Contract No. 10094-09
Contract Interlocal Agreement for Animal
Control Services
2007-896-10-09
2008-880-10-14
2009-700-09-14
2011-003-01-03
2011-801-10-10
YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENDMENT TO THIS CONTRACT
Extension of agreement for a one (1) year period as provided for in section 5.0 of the contract documents.
Agreement shall be in effect from October 1, 2012, continuing through and including September 30, 2013.
Total amount for fiscal year 2013: $34,057.00
Except as provided herein, all terms and conditions of the contract remain in full force and effect
and may only be moed in writing signed by both parties.
ACCEPTED BY:
CITY OF ANNA
PO Box 776
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, CPPB, CPPO
Purchasing Agent
DATE:
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING EXTENSION OF AN
AGREEMENT WITH COLLIN COUNTY FOR ANIMAL SHELTER SERVICES.
WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that the
agreement with Collin County for providing Animal Shelter Services to the citizens of
Anna is worthy of continuation; and
WHEREAS, the City Council approves Collin County's amendment, #6, to the current
Animal Shelter Services agreement, as follows:
" Agreement shall be in effect from October 1, 2012, continuing through and
including September 30, 2013, at the below rate: $23,606.00 "
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this
day of November, 2013.
Mike Crist, Mayor
ATTEST:
Natha Wilkison, City Secretary
CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 of 1
COLLIN COUNTY
October 29, 2012
City of Anna
Attn: Mayor
P.O. Box 776
Anna, TX 75409
Re: Animal Shelter Services
Dear Sir:
Office of the Purchasing Agent
2300 Bloomdale Road
Suite 3160
McKinney, Texas 75071
www.collincountytx.gov
The FY2013 budget process has been completed and the fees for Animal Sheltering Services ONLY,
have been calculated. The annual fee for sheltering services to be paid by the City of Anna to Collin
County for FY2013 will be $23,606.00.
The Collin County Treasurer's Office will be mailing quarterly statements to the City of Anna for the
quarterly fee remittance.
Please execute the enclosed contract amendment form for Animal Shelter Services ONLY between
the City of Anna and Collin County and return three (3) copies to the Collin County Purchasing
Department at the address below.
Upon completion, one (1) fully executed copy will be returned to you for your files.
Should you have any questions, please feel free to contact me at (972) 548-4103 or Metro (972)
424-1460, ext. 4103.
Sincerely,
Matt Dobecka, CPPB
Collin County Purchasing Department
2300 Bloomdale Rd., Ste 3160
McKinney, Texas 75071
/md
Encl.
c: file
Vendor: City of Anna
Attn: Mayor
P.O. Box 776
Anna, TX 75409
Contract Amendment Six ((0)
Awarded by Court Order No.:
Contract Amendment No.: 1
Contract
Amendment
No.:
2
Contract
Amendment
No.:
3
Contract
Amendment
No.:
4
Contract
Amendment
No.:
5
Contract
Amendment
No.:.
6
Court
Order
No.
Court
Order
No,
Court
Order
No.
Court
Order
No.
Court
Order
No.
Court
Order
No.
Effective Date 10/1/2012
Contract No, 10097-09
Office of the Purchasing Agent
Collin County Administration Building
2300 Bloomdale Rd, Ste 3160
McKinney, TX 75071
972-548-4165
Contract Interlocal Agreement for the Facility
Construction and Use of an Animal Shelter
in Collin County
2006-891-09-26
2007-1008-11-13
2008-883-10-14
2009-703-09-14
2011-004-01-03
2011-803-10-10
YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENDMENTTO THIS CONTRACT
Agreement shall be in effect from October 1, 2012, continuing through and including September 30, 2013 at the below rate:
Total amount for fiscal year 2013: $23.606.00
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:
M
P.O. Box 776
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:
MINUTES OF SPECIAL MEETING OF THE
ANNA COMMUNITY DEVELOPMENT CORPORATION
Thursday, July 24, 2012
The Anna Community Development CorporationCity of Anna met at 5:04
p.m., on July 24, 2012, at the Anna City Hall Administration Building, 111 North Powell
Parkway (Hwy. 5), Anna, Texas.
1. Call to Order
Jason Focht, President, called the meeting to order, and after roll cal! and the
establishment of a quorum, the following items were presented to the Directors
for their consideration
2. Roll Call and Establishmen# of Quorum.
Directors in attendance were: Jason Focht, Gene Bowles (5:08), Connie Stump,
Sherilyn Godfrey, and Sarah Jones.
Directors absent were: Duane Hayes and John Houcek.
A quorum was declared present and the floor was open for business.
Others in attendance were: Philip Sanders, City Manager; Jessica Perkins, Chief
Administrative Officer; and Clark McCoy, Attorney for CDC.
3. Invocation and Pledge.
Connie Stump gave the prayer and led the group in the Pledge of Allegiance.
4. (i} Consider and take action on a resolution authorizing the issuance and
sale of Anna Community Development Corporation Sales Tax Revenue
Refunding Bond, Series 2012-A; providing for the security for and
payment of said bond, approving an escrow agreement and a sales tax
remittance agreement; and enacting other provisions relating to the
subject.
Connie Stump made a motion adopting the Resolution, as stated above,
adding "that Jessica Perkins, as defined in the Resolution, shall act as the
"Pricing Officer", and have the authority to negotiate the sale of the bonds
and sign documents on behalf of the CDC," The motion was seconded by
Gene Bowles. Motion passed.
(ii} Consider and take action on a resolution authorizing the issuance and
sale of Anna Community Development Corporation Sales Tax Revenue
1. 'rhe Corporation may vote and/or act upon each of the items listed in this agenda.
2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it is considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the office ofthe
City Secretary at 972 <)24-3325 two working days prior to the erecting so that appropriate arrangements can be made.
07-24-2012 Special CDC Minutes.doc 1
Bond, Series 2012-13; providing for the security for and payment of said
bond; approving a sales tax remittance agreement, and enacting other
provisions relating to the subject.
Gene Bowles made a motion adopting the Resolution, as stated above,
aWing "that Jessica Perkins, as defined in the Resolution, shall act as the
"Pricing Officer" and have the authority to negotiate the sale of the bonds (in
the approx. amount of $1.6M) and sign documents on behalf of the CDC."
Sherilyn Godfrey seconded the motion. Motion passed.
Discussion:
Prior to the meeting, and as a perquisite to the business at hand, Jessica
Perkins, gave the Directors two handouts: (1) showing the historical sales tax
collections (FY 2006 — FY 2012) pursuant to the records of the Texas
Comptroller of Public Accounts, as well as the sales tax revenue received for the
entire fiscal year 2011-2012; and (2) the sales tax revenue debt analysis as of
July 24, 2012. CDC is a tax -exempted entity.
Rudy Segura of McCall, Parkhurst &Horton L.L.P., bond counsel; and James S.
Sabonis, Senior Vice of President of First Southwest, both spoke before the
Board explaining the different aspects of this transaction. Segura handed out a
copy of the "Resolution Authorizing The Issuance And Sale Of Anna Community
Corporation..." Regions Bank has made an offer to issue the bonds.
The issuance of bonds is two -fold and as such the Directors need to make and
pass two separate motions. Before new bonds can be issued, the old debt must
be retired. Said debt, defined in the Resolution as "Refunded Obligation" can
be financed at 2.02%. These monies will then act as a "buffer" for the loan. As
defined in the Resolution "Additional Obligations", shall mean bonds, notes or
other evidences of indebtedness which the CDC, defined in the Resolution as
"Issuer" reserves the right to issue or enter into, as the case may be, ...."
CDC has forty-five (45) days to close the transaction. After the meeting, Jason
Focht, President, and Sherilyn Godfrey, secretary, signed documents on behalf
of the Board. The Resolution and other pertinent documents will be presented
and signed by the Attorney General authorizing the issuance of bonds that will
bind the CDC to this debt. Philip Sanders will sign on behalf of the City and
Jessica Perkins will sign on behalf of the CDC.
[CRIB SPACE INTENTIONALLY LEFT BLANK]
1. The Corporation may vote and/or act upon each of the items listed in this agenda.
2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it is considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the
City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
07-242012 Special CDC Minutes.doc 2
5. Consider/Discuss/Action regarding approving a resolution for a consulting
agreement with Buxton.
Sarah Jones made a motion to adopt a Resolution authorizing the Chief
Administrative Officer to act on the Board's behalf in executing a contract for
consulting services to assist with strategic planning and marketing, subject to the
approval of the form and content by the CDC's legal counsel, with Buxton
Company for a fee not to exceed $30,000. Connie Stump seconded the motion.
Motion passed. The cost will be split between CDC and EDC and the budget
will be adjusted, if necessary.
6. HOLD CLOSED: (exceptions):
a. Deliberation regarding the purchase, exchange, lease or value of real
property. (Tex. Gov't Code §551.072);
b. Consult with legal counsel on matters in which the duty of the attorney to
the governmental body under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the
Government Code (Tex. Gov't Code §551.071); and,
c. Discuss or deliberate Economic Development Negotiations:
(1) To discuss or deliberate regarding commercial or financial information
that the Board of Directors has received from a business prospect that the
Board of Directors seeks to have locate, stay, or expand in or near the
territory of the City of Anna and with which the Board is conducting
economic development negotiations, or
(2} To deliberate the offer of a financial or other incentive to a business
prospect described by subdivision (1). (Tex. Gov't Code §551.087).
Not necessary.
7. Review proposed FY 2012-13 budget.
No review.
8. ConsiderlDiscuss/Action regarding approval of the meeting minutes from
June 11, 2012.
Tabled.
1. The Corporation may vote and/or act upon each of the items listed in this agenda
2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it is considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the
City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
07-242012 Special CDC Minutes.doc 3
9. Adjourn.
Connie Stump made a motion to adjourn the meeting. Gene Bowles seconded
the motion. Motion carried and the meeting adjourned at 5:43 p.m.
APPROVED:
ATTESTED:
A! R*IrvCAMWmrFvt
OM on - .; -
"resident- -
1. The Corporation may vote and/or act upon each of the items listed in this agenda.
2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it is considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the
City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
07-242012 Special CDC Minutes.doc 4
aki 10a !0101
, . a
Thursday, August 2, 2012
The Anna Community Development CorporationCity of Anna met at 5:06
p.m., on August 2, 2012, at the Anna City Hall Administration Building, 111 North Powell
Parkway (Hwy. 5), Anna, Texas.
1. Call to Order
Jason Focht, President, called the meeting to order, and after roll call and the
establishment of a quorum, the following items were presented to the Directors
for their consideration
2. Roll Call and Establishment of Quorum.
Directors in attendance were: Jason Focht, Connie Stump, Sherilyn Godfrey,
John Houcek and Duane Hayes.
Directors absent were: Gene Bowles and Sarah Jones.
A quorum was declared present and the floor was open for business.
Others in attendance were: Jessica Perkins, Chief Administrative Officer; and
David OvercashI Esqs attending in the place of Clark McCoy, attorney Jul CDC.
Sara Cox, President of Greater Anna Chamber of Commerce, was also present.
3. Invocation and Pledge.
Connie Stump gave the prayer and led the group in the Pledge of Allegiance.
4. Discussion regarding the annual agreement with the Greater Anna
Chamber of Commerce.
Sara Cox spoke to the Directors, stated the following.
(1) The Glow -Pest event has been successful since a decision was made to
change it to a one -day event and not to charged an entrance and parking fee,
Attendance last year was between 35004000. This year, Glow-Fest will be held
on Saturday, October 27, 2012, at Slater Creek Park and surrounding private
property. GACC expects 400M000 people to attend this year. Therefore, GACC
is asking for $7500.00 (up from $5,000,00 last year) as the estimated
sponsorship amount. In exchange, CDC will be listed as a "platinum level"
sponsor and its logo (CDC) displayed on all printed material and advertisements.
1. The Corporation may vote and/oract upon each of the items listed in this agenda.
2.'1'hc Corporation reserves the right to retire into eaeeutive session concerning any ofthe items listed on this agenda,
whenever it is considered necessary and legally justi�cd under the Open Meeting Act.
3, Persons with a disability who want to attend this meeting who may need assistance should contact the office of the
City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
08-02-2012 Regular CDC Minutes.doc 1
GACC will provide a headcount and track what geographical area the attendees
reside.
(2) The Christmas Parade and Winter WonderFest will be held on Saturday,
December 10, 2011. The theme will be announced later. Last year, there were
fifty-five entries and it was welkattended as in past years. GACC is asking for
$2500.00 (up $1000.00 from last year) to be used, in part, to hire a Santa Claus
and add other activities to the Parade Events. CDC's logo will be displayed on all
printed material and advertisements. GACC will provide an approx. headcount
and list of float participation.
(3) The annual banquet will be held on Saturday, February 13, 2013 in Anna.
This is promotional event for current and prospective businesses as well as an
award banquet for existing business in our community. GACC is asking the CDC
to sponsor a table in the amount of $500.00. Approx, 230 people attended last
year and reportedly enjoyed a "Casino Night." In addition to sponsorship
benefits, one table will be provided, a full -page ad placed on the back of the
program and other advertisements.
(4) The annual golf tournament will be held on Monday, April 13, 2013, at the
Hurricane Creek Country Club. This is promotional event for prospective
members and businesses. GACC is asking for sponsorship in the amount of
$3000.00. GACC will provide a headcount and a list of players.
(5) The annual fireworks event has not yet been booked for 2013. The
fireworks event will be held on Thursday, July 4, 2013, at Slater Creek Park.
Seating will be provided at the Anna ISD Football Stadium. For 2012, there were
1200 attendees. This event lost money. This year, GACC is asking for $7000,00,
Sponsorship benefits will be the display of CDC's logo on all printed material and
advertisements. GACC will provide a headcount.
5. Consider/Discuss/Action regarding renewing out agreement with Web OA
the Shop Local, Shop Anna program.
After a brief discussion, John Houcek made a motion to approve the resolution
authorizing the expenditure of funds in the amount of $1242.00 to promote
businesses that have located in or near the City of Anna, Texas. This is
contingent upon renewing our agreement with Web QA, (providing the service for
the "Shop Local, Shop Anna" program) for one more year. This program will
allow the City to continue tracking the usage of this site as well as collecting
comments from area businesses. Connie Stump seconded the motion. Motion
passed.
6. HOLD CLOSED: (exceptions):
a. Deliberation regarding the purchase, exchange, lease or value of real
property. (Tex. Gov't Code §551.072};
1. The Corporation may vote and/or act upon each of the items listed in this agenda.
2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it is considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the
City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
OR-02-2012 RpQular 0110 Minutes.dor. 2
b. Consult with legal counsel on matters in which the duty of the attorney to
the governmental body under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the
Government Code (Tex. Gov't Code §551.071), and,
c. Discuss or deliberate Economic Development Negotiations:
(1) To discuss or deliberate n;garding 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
(2j To deliberate the offer of a financial or other incentive to a business
prospect described by subdivision (1). (Tex. Gov't Code §651.087).
Not necessary.
7. Consider/Discuss/Action regarding approving the proposed fiscal year
2012-2013 budget.
Jessica Perkins presented the Directors with a copy of CDC's "Planning Budget
far 2013 thru 2017." Sheri lyn Godfrey made a motion to accept the budget for
2013, authorizing Jessica Perkins to move funds within the budget as long as the
total budget does not exceed $250,000.00. Duane Hayes seconded the motion.
Motion passed.
8. Consider/Discuss/Action regarding approving the meeting minutes from
June 11, 2012 and day�24; 25-1�.
Jason Focht approved the June 11, 2012 minutes as written. Connie Stump
seconded the motion. Motion passed.
9. Adjourn.
John Houcek made a motion to adjourn the meeting. Sherilyn Godfrey seconded
the motion. Motion carried and the meeting adjourned at 6:11 p.m.
/1:7JZ�PI���i
fi�,2resident of CDC
1. The Corporation may vote and/or act upon each of the items listed in this agenda
2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it is considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the
City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
08-02-2012 Regular CDC Minutes.doc 3
i r i
.: . , goiel 101 i IM ` OM;M i
E _F��; Tuesday, July 10, 2U'12
L,r
The Anna Economic Development Corporation ("CDC') of the City of Anna met at 5:30
p.m., on July 10, 2012, at the Anna City Hall Administration Building, 111 North Powell
Parkway (Hwy. 5), Anna, Texas,
1. Cail to Order
Constance Anne Stump, President, called the meeting to order and the following
items were presented to the Board for its consideration after roll call and the
establishment of a quorum.
2. Roll Call and Establishment of Quorum.
Directors in attendance were: Jason Focht, Gene Bowles, Connie Stump,
Sherilyn Godfrey, Sarah Jones and John Houcek.
Directors) in absentia: Duane Hayes.
A quorum was declared present and the floor was open for business.
Others in attendance were: Jessica Perkins, Chief Administrative Officer; Clark
McCoy, Attorney for CDC; James Cook, newly elected member of City Council;
and Lisa Hill, representative from Buxton.
3. Presentation from Lisa Hill with Buxton, a firm that provides analytical data
about consumers in the market.
Buxton is a well-known firm out of Fort Worth that specializes in consumer
research and retail matching. Buxton identifies the consumers already present in
the area and then matches its data with future retailers that would fit well within
the community. Their clients include people in the healthcare industry (350
clients, nationwide), the public sector (740 clients in Texas) and corporations, for
a total of well over 2000 clients). Its main overall purpose is site selection as well
as providing information in what direction the city could expand and improve its
services and community.
The healthcare industry is self-explanatory. The public sector includes data for
city services, daycare facilities (English and Spanish-speaking), restaurants,
information on the diversity of residents (including salary, voting preferences,
religion, number and ages in household, schools attended), and other pertinent
data. Corporations want to know about trading areas, drive time to various
I, The Corporation may vote and/or act upon each of the items listed in this agenda,
2. The Corporation reserves the right to retire into executive session concerning nny of the items listed on this agenda,
whenever it is considered necessary and legally justired under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the off ice orthe
City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made;,
07-10-2012 Special EDC Minutes.doc 1
locations for school, shopping and jobs, competition in the area, lifestyle,
mobility, what kind of goods are purchased, and loyalty to brand names.
It uses 250 different databases for its research. It takes 50-60 business days to
prepare the data which is updated every eight weeks whereas most information
available on the web or other sources is typically approx. 18 months old.
The cost is $601000 for a one year partnership, payable in two equal payments.
There would be a team of five assigned to work with Jessica Perkins, EDC COA.
The information would be available for the next local ICSC meeting to be held in
November.
Jessica Perkins has already contacted some of the local developers to see if they
are willing to be a financial partner with EDC.
4. Consider/Discuss/Action regarding approving a resolution for a tenant
lease agreement for property at 312 N. Powell Parkway.
The renovation of the property is nearly completed. Based on a letter of intent
signed in November of 2011, Image Vision is expected to pay $2500.00 a month
for the leased space. A lease agreement needs to be executed by and between
Image Vision and the EDC. Sarah Jones made a motion to adopt the resolution
approving a lease agreement with Image Vision Labs, Inc., attached hereto as
Exhibit A, incorporated herein for all purposes, and authorizes the EDC President
to execute same on its behalf, subject to approval as to form by legal counsel for
EDC, final content by the EDC Chief Administrative Officer, and approval by the
City Council. Sherilyn Godfrey seconded the motion. Motion passed.
5. Consider/Discuss/Action regarding approving a resolution for the purchase
of furniture and appliances for property at 312 N. Powell Parkway.
Image Vision wants to supply its own furniture, even though Jessica Perkins
found out that the entire working space could be furnished for approx. $36,000
(discounted by over fifty -percent (50%). City and state codes require a separate
source of water within the building. After a brief discussion, Gene Bowles made
a motion to adopt the resolution to have the CAO charge the EDC's capital
account, in an amount not to exceed $2000.00, to purchase a refrigerator with
water and ice dispensers (not for furniture and other appliances), and to
authorize the CAO to purchase said refrigerator on behalf of EDC. John Houcek
seconded the motion. Motion passed. Image Vision can purchase its own
microwave and other appliances, if so deemed. EDC is also responsible for the
maintenance of the exterior building.
1. The Corporation may vote and/or act upon each of the items listed in this agenda.
2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it is considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the
City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
07-10-2012 Special EDC Minutes.doc 2
6. HOLD CLOSED: (exceptions):
a. Deliberation regarding the purchase, exchange, lease or value of real
property. (Tex. Gov't Code §561s072)$*
b. Consult with legal counsel on matters in which the duty of the attorney to
the governmental body under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the
Government Code (Tex. Gov't Code §551.071); and,
c. Discuss or deliberate Economic Development Negotiations:
(1) To discuss or deliberate regarding commercial or financial information
that the Board of Directors has received from a business prospect that the
Board of Directors seeks to have locate, stay, or expand in or near the
territory of the City of Anna and with which the Board is conducting
economic development negotiations; or
(2) To deliberate the offer of a financial or other incentive to a business
prospect described by subdivision (1). (Tex. Gov't Code §551.087).
Not necessary.
7. Consider/Discuss/Action regarding approval of the meeting minutes from
June 11, 2012.
Tabled.
8. Review of next fiscal year 2012-2013 budget.
A hand-out was passed out by Jessica Perkins, showing the proposed budget for
the coming fiscal year. It is projected that the EDC will have approximately
$12,000 more in revenues for its future projects.
9. Adjourn.
Gene Bowles made a motion to adjourn the meeting. Sherilyn Godfrey seconded
the motion. Motion carried and the meeting adjourned at 6:02 p.m.
ATTESTED:
Secretary of
1. The Corporation may vote and/or act upon each of the items listed in this agenda.
2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it is considered necessary and legally justified under the Open Meeting Act,
3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the
City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
07-10-2012 Special EDC Minutes.doc 3
MINUTES OF REGULAR MEETING OF THE
ANNA ECONOMIC DEVELOPMENT CORPORATION
Thursday, August 2$ 2012
The Anna Economic Development Corporation ("EDC") of the City of Anna met at 6:15
p.m., on August 2, 2012, at the Anna City Hall Administration Building, 111 North Powell
Parkway (Hwy. 5), Anna, Texas.
1. Call to Order
Connie Stump, President, called the meeting to order, and after roll call and the
establishment of a quorum, the following items were presented to the Directors
for their consideration
2. Roll Call and Establishment of Quorum.
Directors in attendance were: Jason Focht, Connie Stump, Sherilyn Godfrey,
John Houcek and Duane Hayes.
Directors absent were: Gene Bowles and Sarah Jones.
A quorum was declared present and the floor was open for business.
Others in attendance were: Jessica Perkins, Chief Administrative Officer; and
David OverCaSh, Attorney for EDC. Sara Cox, President of Greater Anna
Chamber of Commerce, was also present.
3. Discussion regarding the annual agreement with the Greater Anna
Chamber of Commerce.
Sara Cox spoke to the Directors, stated the following.
(1) The Glow -Pest event has been successful since a decision was made to
change it to a one -day event and not to charge an entrance and parking fee.
Attendance last year was between 35004000, This year, Glow-Fest will be held
on Saturday, October 27, 2012 at Slater Creek Park and surrounding private
property. GACC expects 400M000 people to attend. Therefore, GACC is asking
for $7500.00 as the estimated sponsorship amount. In exchange, EDC will be
listed as a "platinum level" sponsor and its logo (EDC) displayed on all printed
material and advertisements. GACC will provide a headcount and track what
geographical area the attendees reside.
(2) The annual banquet will be held on Saturday, February 13, 2013 in Anna.
This is promotional event for current and prospective businesses as well as an
.The Corporation may vote and/or acl upon each ofthe items listed in this agenda.
.The Corporation reserves the right to retire into executive session concerning any ofthe items listed on this agenda,
�vlienever it is considered necessary and legally justified under the Open Meeting Act.
3. persons with a disability who want to attend this meeting who may need assistance should contact the office orthe
City Secretary at 972 9243325 two working days prior to the meeting so that appropriate arrangements can be made.
08-02-2012 Regular EDC Minutes.dac 1
awards banquet for existing businesses in our community. GACC is asking for
$5000,00. Approx. 230 people attended last year and reportedly enjoyed a
"Casino Night." In addition to sponsorship benefits, one table will be provided, a
full -page ad placed on the back of the program and other advertisements.
(3) The annual fireworks event has not yet been booked for 2013. The
fireworks event will be held on Thursday, July 4, 2013, at Slater Creek Park.
Seating will be provided at the Anna ISD Football Stadium. For 2012, there were
1200 attendees. This event lost money. This year, GACC is asking for $7000.00.
Sponsorship benefits will be the will be the display of EDC's logo on all printed
material and advertisements. GACC will provide a headcount.
4. Consider/Discuss/Action regarding approving resolution for a professional
services agreement with Buxton.
A discussion was held regarding a "no compete" clause, i.e., a period of three
years to keep Buxton from using information collected from Anna, including the
placement of businesses in other nearby cities that were recommended for Anna.
At present, there is not a "no compete" clause in Buxton's contract. Jason Focht
made a motion to adopt a Resolution authorizing the Chief Administrative Officer
to act on the Board's behalf in executing a contract for consulting services to
assist with strategic planning and marketing, subject to the approval of the form
and content by the CDC's legal counsel, for a fee not to exceed $30,000. Duane
Hayes seconded the motion. Motion passed. Payment will be made over a
period of two -years and will be split between the corporations, with adjustments
being made to the budget, if necessary.
5. Consider/DiscusslAction regarding renewing out agreement with Web QA
the Shop Local, Shop Anna program.
After a brief discussion, John Houcek made a motion to approve the resolution
authorizing the expenditure of funds in the amount of $1242.00 to promote
businesses that have located in or near the City of Anna, Texas. This is
contingent upon renewing our agreement with Web QA, (providing the service for
the "Shop Local, Shop Anna" program) for one more year. This program will
allow the City to continue tracking the usage of this site as well as collecting
comments from area businesses. Connie Stump seconded the motion. Motion
passed.
6. Consider/DiscusslAction regarding approving a resolution authorizing the
execution of an annual maintenance agreement with All Starr Tree and
Landscaping, Inc. for 312 N. Powell Parkway,
The Directors reviewed an attached invoice from All Starr Tree and Landscaping,
Inc. This company planted the bushes and trees, and is guaranteeing them for
one year. Included is the usual services plus fertilization, weed control and
mulching beds. No tax was charged since EDC is a tax -exempted entity. John
Houcek made a motion to approve the resolution authorizing the expenditure of
1. The Corporation may vote and/or act upon each of the items listed in this agenda.
2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it is considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the
City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
08-02-2012 Regular EDC Minutes.doc 2
funds in the amount of $2760 for a one-year landscape and moving maintenance
agreement for the property at 312 N. Powell Parkway. Jason Focht seconded
the motion. Motion passed.
7. ConsiderlDiscuss/Action regarding approving a resolution authorizing
travel and hotel for ICSC conference in November 2012.
John Houcek requested that the Chief Administrative Office look into passes
available for seeing the exhibits. The conference is being held downtown Dallas;
and presently, hotels blocked off for conference attendees, are full, and the other
hotels exceed the Federal Government per diem. The attendees) from the Anna
EDC wants to stay at a hotel for one night. Therefore, authorization needs to be
obtained from the Board. Duane Hayes made a motion to approve the resolution
and expenditures that are deemed reasonable, for hotel accommodations, and
other related expenses not to exceed $500.00. John Houcek seconded the
motion. Motion passed.
8. HOLD CLOSED: (exceptions}:
a. Deliberation regarding the purchase, exchange, lease or value of real
property. (Tex. Gov't Code §551 e072);
b. Consult with legal counsel on matters in which the duty of the attorney to
the governmental body under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the
Government Code (Tex. Gov't Code §561,071), and,
c. Discuss or deliberate Economic Development Negotiations:
(1) To discuss or deliberate regarding commercial or financial information
that the Board of Directors has received from a business prospect that the
Board of Directors seeks to have locate, stay, or expand in or near the
territory of the City of Anna and with which the Board is conducting
economic development negotiations; or
(2) To deliberate the offer of a financial or other incentive to a business
prospect described by subdivision (1). (Tex. Gov't Code §551.087).
Not necessary.
9. Consider/Discuss/Action regarding approving the special meeting minutes
from June 11, 2012 and July 10, 2012.
Shet7lyn Godfrey made a motion to approve the minutes as written. Jason Focht
seconded the motion. Motion passed.
10. Consider/DiscussJAction regarding approving the proposed fiscal year
2012-2013 budget.
I. The Corporation may vote and/or act upon each of the items listed in this agenda
2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it is considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the
City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
08-02-2012 Regular EDC Minutes.doc 3
Jessica Perkins presented the Directors will a copy of EDC's "Planning Budget
for 2013 thru 2016." Jessica Perkins advised the Board that an expenditure for
new aerial maps had been added. Line items for incentives and infrastructures
are also a part of the budget. Jason Focht made motion to accept the budget for
2013, authorizing Jessica Perkins to move funds within the budget as long as the
total budget does not exceed $250,000.00. Duane Hayes seconded the motion.
Motion passed.
11a Adjourn.
Duane Hayes made a motion to adjourn the meeting. John Houck seconded the
motion. Motion carried and the meeting adjourned at 7800 p.m.
off
1. The Corporation may vote and/or act upon each of the items listed in this agenda.
2. The Corporation reserves the right to retire into executive session concerning any of the items listed on this agenda,
whenever it is considered necessary and IegaUy justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the office of the
City Secretary at 972 924-3325 two working days prior to the meeting so that appropriate arrangements can be made.
08-02-2012 Regular EDC Minutes.doc 4
xcou�z� xon�zExowra
Council Meeting: November 13 2012
Account Code #:
Budgeted Amount.
Item No. Vim)
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: James Parlcman
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Authorization to solicit bids for the Water Well No. 2 Ground Storage
Tank Rehabilitation Project.
SUMMARY: The Water Well No. 2 ground storage tank has been in need of significant
rehabilitation for several years. This tank is located on S.H. 5 just south of the Geer mobile
home park. Several years ago the City issued water project bonds through the Greater Texoma
Utility Authority (GTUA). Since the completion of the original water bond projects, there is
just over $200K remaining City's GTUA water project bond fund. Staff and the Council have
previously discussed using roughly half of the remaining bond fiends to rehabilitate the Water
Well No. 2 ground storage tank. The design engineer for this project has estimated the
rehabilitation will cost just over $80K. Staff is requesting Council authorization to solicit
competitive bids for this project.
RECOMMENDATION: Staff recommends approval of this request.
Council Meeting: November 13, 2012
Account Code #: N/A
Budgeted Amount: N/A
Item No.7
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanke
Date Prepared: 11/07/12
Exhibits: ■Yes ❑ No
AGENDA SUBJECT: Public Hearing: (lst)
For City Council to hear public comment regarding a proposed annexation of property
located east of Ferguson Parkway (CR 367) south of West White Street and west of
Slayter Creek, containing approximately 83.4 acres.
SUMMARY: This proposed involuntary annexation involves approximately 83.4 Acres
of land. The property contains 10 parcels of property with 9 single family homes. 9 of
the parcels are served by a private road (Slater Creels) while one property faces Ferguson
Parkway. The property is surrounded by the City of Anna. A service plan has been
prepared that indicates that like services will be provided to areas with similar
characteristics (land use, population densities, and topography) as other areas in the City
would normally receive.
PLANNING AND ZONING ACTION: The Planning and Zoning Commission
recommended approval of the annexations at their meeting October 8, 2012. The vote
was unanimous.
RECOMMENDED ACTION: Hold the Public Hearing
INSTRUCTIONS TO NEWSPAPER. Please publish this Public Hearing notice at the next
available date. Please bill the City of Anna.
1
FIRST PUBLIC HEARING
ANNEXATION OF TERRITORY
The City of Anna will hold a first public hearing on Tuesday, November 13, 2012, at 7:30 p.m.
at the Anna City Hall Administration Building located at 111 North Powell Parkway (Hwy 5),
Anna, Texas, regarding annexation of the following:
Several tracts of land in the Joseph Slater Schluter Survey, Abstract No. A0856 generally
located south of West White Street, East of Ferguson Parkway and west of Slayter Creek.
The annexation is being initiated by the City of Anna.
Additional information regarding the annexation can be secured from the office of the Planning
and Development Department, City of Anna, by phone at 972-924-3325, by mail at P. O. Box
776, Anna, TX 75409, or by personal inquiry at the Anna City Hall, Planning and Development
Department, 101 N. Powell Parkway, Anna, TX 75409.
These public hearings are an opportunity for citizens of Anna and residents/property owners in
the affected areas to comment on the proposed annexation. Persons unable to attend the hearings
may submit their comments in writing to the City Secretary, P. O. Box 776, Anna, TX 75409 or
through personal deliver at the Anna City Hall Administration Building, 111 N. Powell Parkway,
Anna, TX 75409.
Mike Crist
Mayor
EXHIBIT B
ANNEXATION SERVICE PLAN
POLICE PROTECTION
On the effective date of annexation, the City of Anna, Texas and its Police Department
will provide police protection to the newly annexed area at the same or similar level of
service now being provided to other areas of the City of Anna, Texas with similar
topography, land use, and population density within the newly annexed area.
FIRE PROTECTION
On the effective date of annexation, the City of Anna, Texas and its Fire Department will
provide fire protection to the newly annexed area at the same or similar level of service
now being provided to other areas of the City of Anna, Texas with similar topography,
land use, and population density within the newly annexed area.
EMERGENCY MEDICAL SERVICES
On the effective date of annexation, the City of Anna, Texas, through its contract with
Collin County or another service provider, will provide emergency medical services to
the newly annexed area at the same or similar level of service now being provided to
other areas of the City of Anna, Texas with similar topography, land use, and population
density within the newly annexed area.
SOLID WASTE COLLECTION
On the effective date of annexation, the City of Anna, Texas, through its contract with
Bradshaw and Son or another service provider, will provide solid waste collection to
residents and businesses in the newly annexed area (to the extent that the service
provider has access to the area to be serviced) at the same or similar level of service
now being provided to other areas of the City of Anna, Texas with similar topography,
land use, and population density within the newly annexed area. Such service will be
provided in accordance with existing City policies and ordinances, and only upon
payment of any required deposits and the agreement to pay lawful service fees and
charges for solid waste collection.
Residents and businesses of the newly annexed area that have existing contracts with
solid waste service providers have two years from the date of annexation or until the
termination date of the existing contract, whichever is sooner, to begin solid waste
Page 1 of 4
collection service through the City. Solid waste collection is mandatory for City of Anna
residents and businesses operating within the city limits.
WATER AND WASTEWATER FACILITIES
On the effective date of annexation, any and all water or waste water faces owned by
the City of Anna, Texas at the time of annexation shall be maintained and operated by
the City of Anna, Texas and services shall be provided in the newly annexed area at the
same or similar level of service now being provided to other areas of the City with
similar topography, land use, and population density within the newly annexed area. Of
such facilities, the City will maintain the main water transmission and wastewater
collection lines. All water and wastewater service lines (up to and including the service
line connection with the City's main line), shall be maintained by the property owner
served by the service connection.
Residents and owners of property in newly annexed areas that are located within the
City's water or wastewater CCN will be offered water and wastewater service in
accordance with City policies and ordinances in existence at the time of annexation or
as may be amended from timeAo-time by the City Council. Generally, these ordinances
state that the land owner or customer must bear the cost of construction of water and
wastewater system facilities to a point where suitable connection to the existing system
can be made and service to the customer can be provided. All water and wastewater
facilities designed to connect to the City's existing system must be approved by the City
and meet all City zoning, subdivision, and other development ordinances and
requirements.
ROADS AND STREETS
On the effective date of annexation, any and all existing public roads or streets in the
newly annexed area which have been dedicated to Collin County, Texas or to the City
of Anna, Texas, or which are owned by the City of Anna, Texas shall be maintained to
the same degree and extent that other roads and streets are maintained in areas of the
City with similar topography land use and population density. Specific maintenance
activities are determined by available funding and the need for maintenance as
determined by the City. The City is not obligated to maintain any portion of a private
road or street. Any and all lighting of roads and streets which may be positioned in a
public right of way, roadway or utility company easement shall be maintained by the
applicable utility company servicing that area of the City of Anna, Texas pursuant to the
rules regulations and fees of such utility.
An owner of land within the newly annexed area that desires to develop said property
will be required pursuant to the ordinances of the City of Anna, Texas to provide internal
and peripheral streets and to construct those streets in accordance with the
specifications required by the City of Anna, Texas.
Page 2 of 4
PARKS PLAYGROUNDS AND SWIMMING POOLS OR ANY
OTHER PUBLICLY OWNED FACILITY BUILDING OR SERVICE
The City Council of the City of Anna, Texas is not aware of the existence of any public
parks, public playgrounds, public swimming pools, or any other publicly owned facility,
building or service now located in the area proposed for annexation. In the event any
such parks, playgrounds, swimming pools, or any other public facilities, buildings or
services do exist and are public facilities, the City of Anna, Texas will maintain such
areas upon annexation to the same extent and degree that it maintains public parks,
public playgrounds, public swimming pools, other public facilities buildings or services
and other similar areas of the City now incorporated in the City of Anna, Texas.
To the extent that it becomes necessary because of development demands population
growth or a bona fide need, the City Council of the City of Anna, Texas will undertake to
provide any such facility which it deems necessary to adequately provide for the health
and safety of the citizens of the newly incorporated area based upon the standard
considerations of topography, land use and population density.
OTHER MUNICIPAL SERVICES
Following annexation by the City of Anna, Texas, the City will provide code
enforcement, planning, and animal control services to the newly annexed area, to the
extent such services are funded in the annual budget and provided by the City within its
full -purpose boundaries. Such services will be provided to the newly annexed area at
the same or similar level of service now being provided to other areas of the City of
Anna, Texas with similar topography, land use, and population density within the newly
annexed area.
CONSTRUCTION OF CAPITAL IMPROVEMENTS
The City Council of the City of Anna, Texas finds and determines it to be unnecessary
to acquire or construct specific capital improvements for the purposes of providing full
municipal services to the newly annexed area. The City Council finds and determines
that it has at the present time adequate facilities to provide the same type, kind and
level of service which exists in and is presently being administered to other areas
already incorporated in the City of Anna, Texas with the same or similar topography,
land use and population density.
SPECIFIC FINDINGS
The City Council of the City of Anna, Texas finds and determines that this proposed
Service Plan will not provide any fewer services and it will not provide a lower level of
service in the area proposed to be annexed than were in existence in the proposed area
at the time immediately preceding the annexation process. Furthermore, the City
Council of the City of Anna, Texas finds and determines that the rural nature of the area
Page 3 of 4
is characteristically different from other more highly developed areas within the
corporate limits of the City of Anna, Texas. Consequently because of the differing
characteristics of topography, land use, and population density the service levels which
may ultimately be provided in the newly annexed area may differ somewhat from
services provided in other areas of the City of Anna, Texas. These differences are
specifically dictated because of differing characteristics of the property. The City of
Anna, Texas will undertake to perform consistent with this service plan so as to provide
this newly annexed area with the same type, kind and quality of service presently
enjoyed by the citizens of the City of Anna, Texas who reside in areas of similar
topography, land use and population density.
TERM
This Service Plan shall be valid for a term of ten (10) years. Renewal of the Service
Plan shall be at the discretion of the City Council.
This Service Plan may be amended if the City Council determines at a public hearing
that changed conditions or subsequent occurrences make this Service Plan unworkable
or obsolete. The City Council may amend the Service Plan to conform to the changed
conditions or subsequent occurrences pursuant to Texas Local Government Code,
Section 43.056.
Page 4 of 4
Council Meeting: November 13 2012
Account Code #: N/A
Item No.8 (a & b)
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanke
Date Prepared: 11/07/12
Budgeted Amount: N/A Exhibits: ■Yes ❑ No
AGENDA SUBJECT:
SUMMARY: (a) Public Hearing:
To consider public comment on a request by Abdul Kasbati, representative for
Muhammed Polam, owner of property, requesting a Specific Use Permit to allow alcohol
served on the premises where no permit is held or required under the Texas Alcoholic
Beverage Code for such service of alcohol. The property is currently zoned as Restricted
Commercial (C1) zoning and the use is classified as a Private Event/Meeting Hall
facility. The property is located at 2513 N Powell Pkwy, Suite 400.
The requested Specific Use Permit would allow the providing of alcoholic beverage
where there cannot be any expectation of receiving money. You cannot ask for a
"donation" or "tip." If the drinks will only be available to paying guests, then you will
need a permit from the TABC.
Some examples where this SUP would and would not apply are as follows: A wedding
reception with free drinks where they are really free. A boutique that serves free wine
while you shop, even if you don't buy anything. However, if a nail salon with a "free"
drink when you pay for a manicure is not really free. If you buy tickets to attend a charity
all and they serve "free" drinks, those are not really free. If a tip jar sits next to a keg of
beer expecting donations," the beer would not be considered free.
(b) Consider/Discuss/Action regarding an ordinance for a Special Use Permit to allow
alcohol served on the premises where no permit is held or required under the Texas
Alcoholic Beverage Code for such service of alcohol. The property is currently zoned as
Restricted Commercial (C1) zoning and the use is classified as a Private Event/Meeting
Hall facility. The property is located at 2513 N Powell Pkwy, Suite 400.
PLANNING AND ZONING COMMISSION ACTION: The Planning and Zoning
Commission recommended approval of the SUP unanimously at their meeting October
22, 2012.
RECOMMENDED ACTION: Approval of this SUP
Please publish the attached in the legal section of the newspaper at the
earliest possible date. Please send tear sheet, publisher's affidavit, and bill
to the City of Anna.
CITY OF ANNA
PUBLIC HEARINGS ON ZONING CHANGES
A public hearing will be conducted by the City Council of the City of Anna on Tuesday,
November 13, 2012 at 7:30 p.m. at the Community Room of the Anna City Hall
Administration Building located at 111 North Powell Pkwy (Hwy 5) Anna, Texas, to hear
public comment regarding amendments to the City's Comprehensive Plan, the City's
zoning map, and the City's Zoning Ordinance. The public hearing will respectively
concern the City Council's consideration of an ordinance described as follows:
• AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S
COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND
CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN,
PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE
NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY
LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF. The property is currently zoned as Restricted Commercial
(Cl) zoning, with the use classified as a private Event/Meeting Hall Facility. The
owner (s) is requesting a Specific Use Permit (SUP) to allow alcohol served on
the premises where no permit is held or required under the Texas Alcoholic
Beverage Code for such service of alcohol. The property is located at 2513 N
Powell Pkwy, Suite 400.
Copies of the rezoning request, including a map of the property generally described
above, are available for review during regular office hours at the office of the City
Secretary, Anna City Hall, at 111 N. Powell Parkway, Anna, Texas. Written comments
on the zoning requests/changes are welcomed and will be accepted until the time of the
public hearings and may be presented at the hearings. Speakers at the hearings will be
heard according to their order on a listing to be established for such purpose by the City
Secretary.
o:., rrrc m
CITY OF ANNA, TEXAS
2513 N Powell Plcwy, Suite 400
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S
COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING
THE ZONING OF CERTAIN PROPERTIES AS DESCRIBED HEREIN; PROVIDING FOR
SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST
PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR
THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the owner of the property described in Exhibit A attached hereto has requested a certain
zoning for said property; and
WHEREAS, the Planning and Zoning Commission of the City of Anna and the City Council of the City
of Anna have given the requisite notices by publication and otherwise and have held the public hearings
as required by law and afforded a frill and fair hearing to all property owners generally and to all persons
interested in and situated in the affected area and in the vicinity thereof, the City Council of the City of
Anna has concluded that the Zoning Ordinance of the City of Anna should be amended as follows:
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS:
Section 1. The Comprehensive Zoning Ordinance of the City of Anna, Texas, is amended by changing
the zoning of the tract described in Exhibit A, attached hereto and made an integral part of this ordinance,
from Restricted Commercial (Cl) to Restricted Commercial (Cl) zoning with a Specific Use Permit to
allow alcohol served on the premises where no permit is held or required under the Texas Alcoholic
Beverage Code for such service of alcohol.
1. All other provisions of the C-1 Restricted Commercial District in the existing City of Anna
Zoning Ordinance are applicable to the tract and any uses of the tract.
Section 2. The official Zoning Map of the City of Anna shall be corrected to reflect the change in zoning
described herein.
Section 3. All ordinances of the City of Anna in conflict with the provisions of this ordinance are
repealed to the extent of that conflict.
Section 4. This Ordinance shall take effect immediately from and after its passage and the publication of
the caption of said ordinance as the law in such case provides.
PASSED by the City Council of the City of Anna, Texas, this day of , 2012.
ATTESTED: APPROVED:
City Secretary, Natha Wilkison Mayor, Mike Crist
EXHIBIT A
Being Lot 2 Block R ,Tara Farms Commercial Final Plat as recorded in the Collin County Clerk's Office
in Document Number 2004-0117046 Page 817.
ROMFTOWN
Council Meeting: November 13, 2012
Item No.9
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanke
Account Code #: N/A Date Prepared: 11/07/12
Budgeted Amount: N/A Exhibits: ■Yes ❑ No
AGENDA SUBJECT: Approve a Resolution accepting a Development Agreement
with "Oncor".
SUMMARY: A final plat has been submitted for a tract of land owned by Oncor for a
future electrical substation. A developer agreement has been prepared for this site to
address landscape requirements. Oncor desires to have the site open so that security does
not become an issue. Additionally, where required trees would be planted would be
adjacent to major overhead electrical transmission line. This use is adjacent to a cross
county electrical transmission facility and across County Road 421 from an existing
GCEC electrical substation. The neighbors to the east and south will be buffered by an
existing tree line. This agreement proposes that the landscape that would normally be
placed at this facility be provided at other public facility locations through funds provided
to the City and placed in the "Park Trust Fund" and trees placed at the Cities discretion.
RECOMMENDED ACTION: Approval of the resolution.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS AND ONCOR ELECTRIC
DELIVERY COMPANY
WHEREAS, the City of Anna, Texas (the "City") and Oncor Electric Delivery Company
desire to enter into a Development Agreement (the "Agreement"); and
WHEREAS, the City Council of the City of Anna, Texas find that approval of the Agreement
is in the best interest of the citizens of Anna;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Agreement
The City Council hereby approves the Development Agreement attached hereto as Exhibit
1, and authorizes, ratifies and approves the City Manager's execution of same subject to
final legal approval by the City Attorney. The City Manager is hereby authorized to execute
all documents and to take all other actions necessary to finalize, act under, and enforce the
Agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 13th day
of November, 2012.
APPROVED:
Mike Crist, Mayor
ATTEST:
Natha Wilkison, City Secretary
CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1
DEVELOPMENT AGREEMENT
This Development Agreement (this "Agreement") is entered into between the City
of Anna, Texas (the "City") and Oncor Electric Delivery Company ("Owner"). The term
"Owner" includes all owners of the Property, and each of the owners of the Property are
jointly and severally bound to the obligations of the "Owner" under this Agreement.
WHEREAS, Owner and the City are sometimes collectively referenced in this
Agreement as the "Parties"; and
WHEREAS, it is the Parties mutual intent that this Agreement shall govern only
the subject matter specifically set forth herein and that this Agreement shall supersede
any other agreement between the Parties and the City's ordinances and other
regulations only to the extent that any such agreements, ordinances or regulations
directly conflict with the terms of this Agreement; and
WHEREAS, the Owner owns a parcel or parcels of real property (the "Property")
in Collin County, Texas, which is located entirely within the corporate limits of the City of
Anna and is more particularly and separately or jointly described in the attached
EXHIBIT A; and,
WHEREAS, the_Owner plans to construct an electrical substation on the Property
the "Project"); and,
WHEREAS, the Owner represents that the Project cannot meet certain
Landscape Regulations outlined in Part III-E of the Anna City Code of Ordinances and
requests that the City waive said Landscape Regulations;
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
the Parties agree as follows:
Section 1. Recitals Incorporated. The recitals set forth above are incorporated
herein as if set forth in full to further describe the Parties' intent under this Agreement
and said recitals constitute representations by the Owner:
Section 2. Owner's Obligations. In lieu of the Project's compliance with the
Landscape Regulations outlined in Part III-E of the Anna City Code of Ordinances (with
the exception of landscaping shown on the Project site plan attached hereto as Exhibit
B), the Owner shall pay the City the sum of $6,800 (six thousand and eight hundred
dollars) payable to the City's Park Trust.
Section 3. Timing of Payments. The Owner shall make any payments required under
this Agreement within 30 days of the Effective Date.
Section 4. City's Obligations. The City hereby agrees to exempt the Project from
compliance with the Landscape Regulations outlined in Part III-E of the Anna City Code
of Ordinances, with the exception of landscaping shown on the Project site plan
attached hereto as Exhibit B.
1
Section 6. Effective Date. The effective date of this Agreement is the date that the
last of the Parties' signatures to this Agreement is fully and properly affixed to this
Agreement and acknowledged by a notary public. The City's duties and obligations
hereunder shall not arise unless and until the City Council has duly adopted this
Agreement and the Owner has duly executed same.
Section 7. THE OWNER COVENANTS AND AGREES, JOINTLY AND SEVERALLY,
TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY AGAINST ANY AND
ALL LEGAL CLAIMS, BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN
THE PROPERTY WHO HAS NOT SIGNED THIS AGREEMENT AND WHICH CLAIMS
(1) ARISE IN ANY WAY FROM THE CITY'S RELIANCE ON THIS AGREEMENT, AND
(2) RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH THIS
AGREEMENT,
Section 8. This Agreement may be enforced by the City by any proceeding at law or in
equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this
Agreement thereafter. The Owner's sole remedy for nonperformance by the City shall
be to seek specific performance of the terms of this Agreement. This Agreement does
not waive any rights or immunities otherwise existing under law unless expressly set
forth herein and the Parties understand and agree that this Agreement is not one for the
provision of goods or services to the City by the Owner or any other person.
Section 9. Exclusive jurisdiction, forum and venue for any dispute arising out of this
Agreement shall be in Collin County, Texas.
Section 10. Notwithstanding any other provision of this Agreement, Owner and its
successors or assigns must comply with all applicable statutes or regulations of the
United States and the State of Texas, as well as any City ordinances in effect on the
Effective Date and not in conflict with this Agreement, and any rules implementing such
statutes or regulations.
Section 11. Assignment by Owner.
(a) Except as otherwise provided in this paragraph, Owner has the right (from time to
time upon delivery of two weeks' prior written note to the City) to assign this Agreement,
in whole or in part, and including any obligation, right, title, or interest of Owner under
this Agreement, to any person or entity (an "Assignee") that is or will become an owner
of any portion of the Property or that is an entity that is controlled by or under common
control with Owner. Notwithstanding the foregoing, Owner shall not assign this
Agreement, in whole or in part, to an Assignee if the City, after action by the City
Council (which action shall be considered by the City in good faith based upon financial
and performance criteria, and which action shall not be unreasonably withheld,
conditioned or delayed), notifies Owner within 14 days of receipt of the written notice
required by this Section 10(a) that such Assignee fails to satisfy the City's financial and
performance criteria. If the City provides such notice to Owner then the Parties, within
14 days of such notice, shall mediate the dispute. The mediator shall be mutually
agreed -upon; and the cost of such mediator shall be paid equally by the Parties. The
mediator's determination shall not be binding on the Parties. If a Party refuses to
mediate, then the decision of the Party willing to mediate shall be binding.
2
(b) Each assignment shall be in writing executed by Owner and the Assignee and
shall obligate the Assignee to be bound by this Agreement to the extent this Agreement
applies or relates to the obligations, rights, title, or interests being assigned. From and
after such assignment, the City agrees to look solely to the Assignee for the
performance of all obligations assigned to the Assignee and agrees that Owner shall be
released from subsequently performing the assigned obligations and from any liability
that results from the Assignee's failure to perform the assigned obligations; provided,
however, Owner shall not be released until the City receives an executed copy of such
assignment. No assignment by Owner shall release Owner from any liability that
resulted from an act or omission by Owner that occurred prior to the effective date of the
assignment unless the City approves the release in writing. Owner shall maintain written
records of all assignments made by Owner to Assignees, including a copy of each
executed assignment and the Assignee's Notice information as required by this
Agreement, and, upon written request from any Party or Assignee, shall provide a copy
of such records to the requesting person or entity.
Section 12. This Agreement is for the sole and exclusive benefit of the City and the
Owner and is not intended to and shall not confer any rights or benefits on any third
party not a signatory hereto.
Section 13. This Agreement may be separately executed in individual counterparts
and, upon execution, shall constitute one and same instrument.
Section 14. All notices, demands or other communications required or provided
hereunder shall be in writing and shall be deemed to have been given on the earlier to
occur of actual receipt or three (3) days after the same are deposited in the United
States mail, certified or registered, postage prepaid, return receipt requested,
addressed to the parties at the addresses set forth below or at such other addresses as
such parties may designate by notice to the other parties.
3
VIUNFAII rcKI=0M
(business entity's ;legal name),
A Texas `(business type)
By: (entity'slegal,name),
a Texas (business' type)
By:
(name), its (title)
Address: (mailing address)
(city state zip)
Telephone: (number)
Facsimile: (number)
Email (e-mail)
IN WITNESS WHEREOF
STATE OF TEXAS §
COUNTY OF §
City of Anna
By:
Pp Sanders, City Manager
Address: 111 N
Anna,
Attn:
Telephone
Facsimile:
With a copy to:
. Powell Parkway
TX 75409
City Manager
(972) 924-3325
(972) 924-2620
Clark McCory
Wolfe, Tidwell & McCoy, LLP
2591 Dallas Parkway, Ste. 205
Frisco, TX 75034
Telephone:
Facsimile:
(972) 712-3530
(972)
112-3540
Before me, the undersigned notary public, on the day of ,2012,
personally appeared (name), known to me (or proved to me) to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same in his capacity as (title) of (business entities legal name), a Texas
(business type).
Notary Public, State of Texas
!v
STATE OF TEXAS §
COUNTY OF §
Before me, the undersigned notary public, on the day of ,2012,
personally appeared Philip Sanders, known to me (or proved to me) to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same in his capacity as City Manager of the City of Anna and on behalf of
the City of Anna.
Notary Public, State of Texas
5
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Council Meeting: November 13 2012
Account Code #Street Dept. Budget
Budgeted Amount: $100,000
Item No. 10
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: James Parlanan
Exhibits: X Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving the FY 2013
Sheet Rehabilitation Project Plan
The FY 2013 Annual Budget includes $100,000 (engineering and construction) for a street
rehabilitation project. City staff is recommending that the Project include rehabilitation of the
pavement of the following streets: 1) Second Street from Highway 5 (Powell Parkway) east to
Riggins Street, and 2) Interurban Street from First Street south to Second Street.
RECOMMENDATION: Staff recommends approval of the attached Resolution for the FY
2013 Street Rehabilitation Project Plan.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE FY 2013 STREET
REHABILITATION PROJECT PLAN
WHEREAS, the adopted FY 2013 Annual Budget includes $100,000 for a street rehabilitation
project ; and
WHEREAS, the City staff is recommending that the Project include rehabilitation of the pavement
of the following streets: 1) Second Street from Highway 5 (Powell Parkway) east to Riggins
Street, and 2) Interurban Street from First Street south to Second Street;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS THAT.
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of the FY 2013 Street Rehabilitation Project Plan
The City Council hereby approves the FY 2013 Street Rehabilitation Project Plan, attached
hereto as EXHIBIT 1, incorporated herein.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 13t" day of
November 2012,
APPROVED:
Mike Crist, Mayor
ATTEST:
Natha Wilkison, City Secretary
CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1
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Council Meeting: November 13, 2012
Account CodeIt #
Item No. 11
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: City Manager
Amount: 15.000 Exhibits: X Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving a
Professional Services Agreement with The Management Connection, Inc. for Strategic Planning
Services
SUMMARY: During our budget workshop in early June, the City Council expressed a desire to
undertake a comprehensive review and update of our long term strategic plan. To that end, I
have reviewed methodologies used by several facilitators who specialize is helping Texas cities
develop strategic plans. Mayor Crist and I also discussed how to move forward with a strategic
planning effort that will produce the best outcome for the city. Joe Gonzalez with The
Management Connection has submitted a proposal to facilitate a comprehensive long-term
strategic planning effort for the City of Anna. The work plan is based on Mr. Gonzalez's prior
interviews with the City Council. Funding for this project will come from the contingency
allocation approved in the FY 2013 budget.
RECOMMENDATION: Staff recommends approval of the attached Resolution and
Professional Services Agreement with The Management Connection, Inc. The Resolution also
authorizes a transfer of finds from the contingency allocation to cover the cost of this project.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE
CITY MANAGER TO EXECUTING A PROFESSIONAL SERVICES AGREEMENT WITH
THE MANAGEMENT CONNECTION, INC. FOR STRATEGIC PLANNING SERVICES, AND
APPROVING A CONTINGENCY APPROPRIATION FOR THE PROJECT.
WHEREAS, the City Council of the City of Anna, Texas (the "City Council") desires to hire a
consultant to facilitate a strategic planning process for the City of Anna (the "City"); and,
WHEREAS, the Management Connection, Inc. has proposed a work plan to facilitate a
strategic planning process for the City;
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 Professional Services Agreement.
The City Council hereby approves the Professional Services Agreement for Strategic
Planning Services with The Management Connection, Inc., 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 Agreement.
Section 3. Contingency Appropriation
Consistent with Section 7.08 of the Anna City Charter, the City Council hereby authorizes the
City Manager to transfer $20,000 from the FY 2013 Budget Contingency Appropriation to the
City Council departmental appropriation (10-403) in the General Fund.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 13th day
of November 2012.
ATTEST:
Natha Wilkison, City Secretary
APPROVED:
Mayor, Mike Crist
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1
PROFESSIONAL SERVICES AGREEMENT
FOR STRATEGIC PLANNING SERVICES
STATE OF TEXAS §
COUNTY OF COLLIN §
THIS AGREEMENT is made and entered into as of the day of ,
2012, by and between the City of Anna, Texas, a Texas municipal corporation, with its
principal office at 111 North Powell Parkway, Anna, Collin County, Texas 75409, hereinafter
called "OWNER" and The Management Connection, Inc. with (his/her) address being 4444
Carter Creek, Ste. 110 Bryan, TX 77802, hereinafter called "CONSULTANT," acting herein, by
and through their duly authorized representatives.
WITNESSETH, that in consideration of the covenants and agreements herein
contained, the parties hereto do mutually agree as follows:
ARTICLE 1
ENGAGEMENT OF CONSULTANT
OWNER hereby contracts with CONSULTANT, as an independent contractor, and
CONSULTANT hereby agrees to perform the services herein in connection with the Project as
stated in the sections to follow, with diligence and in accordance with the highest professional
standards customarily obtained for such services in the State of Texas. The professional
services set out herein are in connection with the following described project:
Facilitate a Strategic Planning Process for the City of Anna
ARTICLE 2
SCOPE OF SERVICES
A. CONSULTANT shall perform all those services as necessary and as described in the
Work Plan which is attached hereto as "Exhibit "A" and made a part of this Agreement.
B. If there is any conflict between the terms of this Agreement and the exhibits attached to
this Agreement or any task orders, the terms and conditions of this Agreement will
control over the terms and conditions of the attached exhibits or task orders.
ARTICLE 3
PERIOD OF SERVICE
This Agreement shall become effective upon execution of this Agreement by OWNER
and CONSULTANT, and shall remain in force for the period which may reasonably be required
for the completion of the Project, and any required extensions approved by OWNER. This
Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the
PROFESSIONAL SERVICES AGREEMENT FOR
Page 1 of 7
essence in this Agreement. CONSULTANT shall make all reasonable efforts to complete the
services set forth herein as expeditiously as possible and to meet the schedule(s) established
by OWNER, acting through its City Manager.
ARTICLE 4
COMPENSATION
A. BILLING AND PAYMENT: For and in consideration of the professional services to be
performed by CONSULTANT herein, OWNER agrees to compensate CONSULTANT
the amounts and in the manner described in the Work Plan which is attached hereto as
Exhibit "A" and made a part of this Agreement.
Nothing contained in this Article shall require OWNER to pay for any work which is
unsatisfactory, as reasonably determined by the City Manager or his designee, or which
is not submitted in compliance with the terms of this Agreement. OWNER shall not be
required to make any payments to CONSULTANT when CONSULTANT is in default
under this Agreement.
It is specifically understood and agreed that CONSULTANT shall not be authorized to
undertake any work pursuant to this Agreement which would require additional
payments by OWNER for any charge, expense, or reimbursement above any maximum
not4o-exceed fee as stated within the Work Plan (Exhibit A) without first having
obtained written authorization from OWNER.
B. PAYMENT: If OWNER fails to make payments due CONSULTANT for services and
expenses within 60 days after receipt of CONSULTANT's undisputed statement thereof,
the amounts due CONSULTANT will be increased by the rate of one percent (1%) per
month from the said 60t" day, and, in addition, CONSULTANT may, after giving seven
days' written notice to OWNER, suspend services under this Agreement until
CONSULTANT has been paid in full all amounts due for services, expenses, and
charges, provided, however, nothing herein shall require OWNER to pay the late charge
of one percent (1%) set forth herein if OWNER reasonably determines that the work is
unsatisfactory, in accordance with this Article 4, "Compensation."
ARTICLE 5
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent contractor, not as
an employee of the OWNER. CONSULTANT shall not have or claim any right arising from
employee status. OWNER shall not control the means, methods, sequences, procedures, or
techniques utilized by CONSULTANT to perform work or services under this Agreement.
ARTICLE 6
INDEMNITY AGREEMENT
PROFESSIONAL SERVICES AGREEMENT FOR
Page 2 of 7
CONSULTANT shall indemnify, defend, and save and hold harmless OWNER and its
officers, agents, and employees from and against any and all liability, claims, demands,
damages, losses, and expenses, including, but not limited to court costs and reasonable
attorney fees incurred by the OWNER, that is caused by or results from an act of negligence,
intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier
committed by the CONSULTANT or the CONSULTANT'S agent, another consultant under
contract, or another entity over which the CONSULTANT exercises control.
Nothing in this Agreement shall be construed to create a liability to any person who is
not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both
at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this
Agreement, including the defense of governmental immunity, which defenses are hereby
expressly reserved.
ARTICLE 7
INSURANCE
During the performance of the services under this Agreement, CONSULTANT shall
maintain the following insurance with an insurance company licensed to do business in the
State of Texas by the State Insurance Commission or any successor agency that has a rating
with Best Rate Carriers of at least an A- or above:
A. Comprehensive General Liability Insurance with bodily injury limits of not less than
$500,000 for each occurrence and not less than $500,000 in the aggregate, and with
property damage limits of not less than $100,000 for each occurrence and not less than
$100,000 in the aggregate.
B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each
person and not less than $500,000 for each accident, and with property damage limits
of not less than $100,000 for each accident.
C. Worker's Compensation Insurance in accordance with statutory requirements, and
Employers' Liability Insurance with limits of not less than $1001000 for each accident.
D. Professional Liability Insurance with limits of not less than $1,000,000 annual
aggregate.
E. CONSULTANT shall furnish insurance certificates or insurance policies at OWNER's
request to evidence such coverages. The insurance policies shall name OWNER as an
additional insured on all such policies, and shall contain a provision that such insurance
shall not be canceled or modified without 30 days' prior written notice to OWNER and
CONSULTANT. In such event, CONSULTANT shall, prior to the effective date of the
change or cancellation, serve substitute policies furnishing the same coverage.
ARTICLE 10
TERMINATION OF AGREEMENT
PROFESSIONAL SERVICES AGREEMENT FOR
Page 3 of 7
A. Notwithstanding any other provision of this Agreement, either party may terminate by
giving 30 days' advance written notice to the other party.
B. If the Agreement is terminated prior to completion of the services to be provided
hereunder, CONSULTANT shall immediately cease all services and shall render a final
bill for services to OWNER within 30 days after the date of termination. OWNER shall
pay CONSULTANT for all services properly rendered and satisfactorily performed and
for reimbursable expenses to termination incurred prior to the date of termination, in
accordance with Article 4 "Compensation." Should OWNER subsequently contract with
a new consultant for the continuation of services on the Project, CONSULTANT shall
cooperate in providing information. CONSULTANT shall turn over all documents
prepared or furnished by CONSULTANT pursuant to this Agreement to OWNER on or
before the date of termination, but may maintain copies of such documents for its use.
ARTICLE 11
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the OWNER shall not constitute, nor be deemed a release of the
responsibility and liability of CONSULTANT, its employees, associates, agents,
subcontractors, and subconsultants for the accuracy and competency of their designs or other
work; nor shall such approval be deemed to be an assumption of such responsibility by
OWNER for any defect in the design or other work prepared by CONSULTANT, its employees,
subcontractors, agents, and consultants.
ARTICLE 12
NOTICES
All notices, communications, and reports required or permitted under this Agreement
shall be personally delivered or mailed to the respective parties by deposng same in the
United States mail to the address shown below, certified mail, return receipt requested, unless
otherwise specified herein. Mailed notices shall be deemed communicated as of three days
after mailing:
To CONSULTANT:
Joe M. Gonzalez, CEO
The Management Connection,
4444 Carter Creek, Ste, 110
Bryan, TX 77802
City Manager
Inc. City of Anna
111 North Powell Parkway
P.O. Box 776
Anna, Texas 75409
All notices shall be deemed effective upon receipt by the party to whom such notice is
given, or within three days after mailing.
PROFESSIONAL SERVICES AGREEMENT FOR
Page 4 of 7
ARTICLE 15
ENTIRE AGREEMENT
This Agreement constitutes the complete and final expression of the agreement of the
parties, and is intended as a complete and exclusive statement of the terms of their
agreements, and supersedes all prior or contemporaneous offers, promises, representations,
negotiations, discussions, communications, and agreements which may have been made in
connection with the subject matter hereof.
ARTICLE 16
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent
jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder
of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such
event, the parties shall reform this Agreement to replace such stricken provision with a valid
and enforceable provision which comes as close as possible to expressing the intention of the
stricken provision.
ARTICLE 17
COMPLIANCE WITH LAWS
CONSULTANT shall comply with all federal, state, and local laws, rules, regulations,
and ordinances applicable to the work covered hereunder as they may now read or hereinafter
be amended.
In performing the services required hereunder, the CONSULTANT shall not discriminate
against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or
physical handicap.
ARTICLE 19
PERSONNEL
A. CONSULTANT represents that it has or will secure, at its own expense, all personnel
required to perform all the services required under this Agreement. Such personnel
shall not be employees or officers of, or have any contractual relations with OWNER.
CONSULTANT shall inform OWNER of any conflict of interest or potential conflict of
interest that may arise during the term of this Agreement.
Be
All services required hereunder will be performed by CONSULTANT or under its
supervision. All personnel engaged in work shall be qualified, and shall be authorized
and permitted under state and local laws to perform such services.
PROFESSIONAL SERVICES AGREEMENT FOR
Page 5 of 7
ARTICLE 20
ASSIGNABILITY
CONSULTANT shall not assign any interest in this Agreement, and shall not transfer
any interest in this Agreement (whether by assignment, novation, or otherwise) without the
prior written consent of OWNER.
ARTICLE 21
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith, and no evidence of any waiver or modification shall be offered or received in
evidence in any proceeding arising between the parties hereto out of or affecting this
Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or
modification is in writing and duly executed; and the parties further agree that the provisions of
this section will not be waived unless as set forth herein.
ARTICLE 22
MISCELLANEOUS
A. Venue of any suit or cause of action under this Agreement shall lie exclusively in Collin
County, Texas. This Agreement shall be construed in accordance with the laws of the
State of Texas.
B. For the purpose of this Agreement, the key person who will perform most of the work
hereunder shall be Joe M. Gonzalez.
C. CONSULTANT shall commence, carry on, and complete any and all projects with all
applicable dispatch, in a sound, economical, Cl" efficient manner and in accordance
with the provisions hereof. In accomplishing the projects, CONSULTANT shall take
such steps as are appropriate to ensure that the work involved is properly coordinated
with related work being carried on by OWNER.
D. CONSULTANT shall at all times maintain OWNER'S confidential or proprietary
information in confidence and shall disclose same to third parties only as specifically
instructed by OWNER. Any disclosure of privileged or confidential information by
OWNER to CONSULTANT is in furtherance of OWNER's purposes and is not intended
to and does not waive any privileges that may exist with regard to such information.
E. The captions of this Agreement are for informational purposes only, and shall not in any
way affect the substantive terms or conditions of this Agreement.
IN WITNESS HEREOF, the City of Anna, Texas has caused this Agreement to be
executed by its duly authorized City Manager, and CONSULTANT has executed this
PROFESSIONAL SERVICES AGREEMENT FOR
Page 6 of 7
Agreement through its duly authorized undersigned officer on this the
2012.
ATTEST:
NATHA WILKISON,
WITNESS:
BY:
CITY SECRETARY
CITY OF ANNA, TEXAS
PHILIP SANDERS,
CITY MANAGER
CONSULTANT
JOE M. GONZALEZ
CHIEF EXECUTIVE OFFICER
PROFESSIONAL SERVICES AGREEMENT FOR
Page 7 of 7
day of
STRATEGIC PLANNING
PROCESS
31 OCTOBER 2012
4444 Carter Creek, Ste. 110
Bryan, TX 77802
www.profacilitator.com
979-846-4481 (Office)
979-846-4482 (Fax)
Joe M. Gonzalez, Chief Executive Officer
Professional Facilitator
joe@profacilitator.com
r '11c A I (al II I(i IIIf`III �{III IIv(s It1t1 I}t�PfiOFESSIONAL FACILITATORS
Table of Contents
Introduction Letter.............................................................. I
Vision, Mission, and Principles .......................................... 2
WorkflowChart.................................................................. 3
WorlcPlan........................................................................... 4
Investment...........................................................................
6
FIHOFES`SICsNAL C'ACILITAT0RaS,
October 31, 2012
Philip Sanders
City Manager
City of Anna
P.O. Box 776
Anna, Texas 75409
Dear Philip:
THE MANAGEMENT CONNECTION, INC. (TMC) appreciates the opportunity to
facilitate this important project and to serve the City of Anna. As a professional facilitation
firm established in 1992 in Bryan -College Station, TX, we have grown to be one of the
leading providers in Texas.
We are expert designers and facilitators of processes that maximize the ability of
individuals, groups, organizations, and communities to reach their desired results. We do
extreme customization of all our processes and products to honor the unique characteristics
and leadership style of each of our clients. We work diligently to exceed client expectation.
We establish quality, long-term relationships and provide follow-up service to ensure
significant results. Our approach is driven by our Vision, Mission and Principles, provided
for you on the next page.
"THE EYE OF THE HURRICANE" represents our Professional Facilitation Model. The
"eye" is the calm and guide within the chaotic storm. When faced with aeons tant
bombardment of challenges and competing interest any organization may feel like it is
whirling in a chaotic storm. Focused leadership, at all levels, creates the "eye" within the
organization. TMC's professional facilitation will guide you in strengthening the "eye of the
hurricane" in your organization.
Attached herein is our work plan. We stand ready to answer any questions, and look
forward to serving you.
Committed to your leadership5
Joe M. Gonzalez
Chief Executive Officer/Professional Facilitator
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Ve Believe in Establishing Lolag Teem Relationsh ps
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WorkPlan #1149 r1ij,(, All (It I1(l,geinelit Co lnec�tion 11)thr
PROFESSIONAL FACILITATORS
Philip Sanders
City Manager
City of Anna
P.O. Box 776
Anna, Texas 75409
Dear Philip:
Thank you for considering The Management Connection, Inc. (TMC) as your professional
facilitation firm. This is a Work Plan/Invoice for professional facilitation of the Strategic
Planning process. We are excited to be working with you and the City of Anna.
Professional facilitation services............................................................................... $15,000.00
Due upon completion of the first 1 1/2 day planning conference ........................ $10,000.00
Dub upon completion of Strategic Map................................................................ $5,000.00
In addition, we request travel expense reimbursement
including travel expenses, meal, lodging, flight and/or mileage
at the current government rate from Bryan/College Station to
conference location.
Please make check payable to:
THE 1VIANAGEAIENT CONNECTION, INC.
4444 CARTER CREEK PARKWAY, STE 110
BRYAN, TX 77802
EIN: 064685067
We appreciate our relationship with you and the City of Anna and look forward to
each opportunity to serve as your professional facilitators.
Committed to your leadership,
i
Joe M. Gonzalez
Chief Executive Officer
iiOMETOWN
Council Meeting: November 13.2012
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: 11-08-12
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); discussion regarding solid waste
disposal contract; anticipated litigation with Amazing Solar Solutions;
private club regulations,
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 Manager Annual Review.
(Tex. Gov't Code §551.074h
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.
Item No. 13
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: November 13I 2012 Staff Contact: Philip Sanders
Acco>_mt Code #: N/A Date Prepared: 11-08-12
Budgeted Amount: N/A Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted
agenda for November 13, 2012 City of Anna Special Meeting or any Closed Session
occurring during this Special Meeting, as necessary,
SUMMARY:
RECOMMENDATION:
■
Council Meeting: November 13, 2012
Account Code #: N/A
Budgeted Amount: N/A
AGENDA SUBJECT: Adjourn.
SUMMARY:
Item No. 14
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 11-08-12
Exhibits: ❑Yes ❑ No
RECOMMENDATION: Staff recommends a motion to adjourn.