HomeMy WebLinkAboutCCpkt2014-05-27CITY COUNCIL MEETING
SIGN IN SHEET
DATE: S /�
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/Spealcer Registration Foam. Please hand
the Opinion/Spealcer Registration Form to the City Secretary prior to the start of the City
Council Meeting.
NAME
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ADDRESS
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Y{OUR} HOMETOW N
CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP
May 27 2014
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., May
27, 2014, at the Anna City Hall Administration Building, located at III N. Powell
Parkway (Hwy 5), regarding the following items,
1. Call to Order.
2. Roll Call and Establishment of Quorum.
3. Consider/Discuss/Action regarding approving a Resolution canvassing the returns
of May 10, 2014 General Election of two City Council Members, all for three
year terms. (City Council)
4. Administer the Statement of Elected Officer and the Oath of Office and present
Certificate of Election to newly elected officials. (City Secretary)
5. Review Draft FY 2015 Department Budgets. (Clayton Fulton)
6. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the
City Council may enter into closed session to discuss any items listed or
referenced on this agenda under the following exceptions,
a. consult with legal counsel regarding pending or contemplated
litigation and/or on matters in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with
Chapter 551 of the Government Code (Tex. Gov't Code 4551.071);
Park Land;
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
O5-27-14 CC Workshop Meeting Agenda.doc 1 Posted 05-2344
b. discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov't Code §551.072), acquisition of right-of4ay,
easements, and land for municipal facilities;
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 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 ); proposed residential and retail
developments;
d. discuss or deliberate personnel matters: City Secretary update. 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.
7. Considet•/Discuss/Action on any items listed on posted agenda for May 27, 2014
City of Anna City Council Regular Meeting or any Closed Session occurring
during this Workshop, as necessary.
8. Adjourn.
This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at a
place readily accessible to the public at the Anna City Hall and on the City Hall
bulletin board at or before 5:00 p.m., May 23, 2014.
Natha Wilkison, City Secretary
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
O5-2744 CC Workshop Meeting Agenda.doc 2 Posted 05-23-14
Council Meeting:. May 27, 2014
Account Code #: N/A
Budgeted Amount: N/A
Item No. 3 W S
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 5-22-14
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding approving a Resolution
canvassing the returns of General Election of Two City Council Members, all for three
year terms. (City Council)
SUMMARY: On February 11, 2014 City Council passed Ordinance No. 650-2014
ordering a May 10, 2014 Election. Early voting was held f6r8 days and Saturday, May
10, 2014 was Election Day. Because Election Day is Saturday, May 10, 2014 supporting
documents were not available when putting the packet together. Supporting documents
will be provided before Tuesday's meeting.
RECOMMENDATION: Staff recommends
canvassing the returns of the City of Anna, May
a motion to approve the resolution
10, 2014 Election.
CITY OF ANNA, TEXAS
RESOLUTION No.
A RESOLUTION OF THE CITY OF ANNA, TEXAS CANVASSING THE
RETURNS OF A GENERAL ELECTION OF TWO CITY COUNCIL MEMBERS,
ALL FOR THREE-YEAR TERMS.
WHEREAS, an election was held in the City of Anna, Texas on May 10, 2014 for the
purpose of the election two city council members, all for three-year terms; and
WHEREAS, the City Council of the City of Anna ("Council") has reviewed and
investigated all matters pertaining to this election and returns thereof; and
WHEREAS, the Council hereby canvasses the returns of this election, at which there
was submitted to all resident, qualified electors of the City for their action thereupon, the
election of two city council members, all for three-year terms; and
WHEREAS, the Council has diligently inquired into the poll lists and the official
election returns which were duly and lawfully made to this Council by the judges,
officials and clerks holding and conducting the election, the poll lists and the official
elections returns showing separately the votes cast in the election; and
WHEREAS, from the returns, this Council hereby finds that the following votes were
cast in the election by voters who were resident, qualified electors of the City; and
Whereas, each of the candidates in said election received the following votes;
Candidate/or Proposition
City Council, Place 3 (Concilio de Ciudad, Lugar 3)
Justin Burr
Brad Harris
John Beazley
Tiffany Burleson
City Council, Place 5 (Concilio de Ciudad, Lugar 5)
Nathan Bryan
Number of Votes
36
4
83
37
102
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ANNA THAT:
SECTION 1. The Council officially finds, determines, and declares that the election was
dully and properly ordered, that proper legal notice of such election was dully given in
the English language and the Spanish language, that proper election officers were duly
Res. 2014-OS- Canvassing the May 10, 2014 Election I OS-27-14
appointed prior to the election, that the election was duly and legally held, that all
resident, qualified electors of the City were permitted to vote at the election, and due
returns of the results of the election had been made and delivered, and that the City of
Anna has duly canvassed such returns, all in accordance with the laws of the State of
Texas and of the United States of America and the Ordinance calling the election.
SECTION 2. The following persons are therefore elected as Council Members of the
City for a term of three (3) years:
John Beazley, Place 3
Nathan Bryan, Place 5
PASSED AND APPROVED on this 27th day of May, 2014.
ATTEST:
Natha Wilkison, City Secretary
APPROVED:
Milce Crist, Mayor
Res. 2014-OS- Canvassing the May 10, 2014 Election 2 OS-27-14
City of Anna, Texas
CANVASS OF GENERAL ELECTION
I, Mike Crist, Mayor of the City of Anna, Texas, met with the City Council sitting
as the canvassing board to canvass the general election of May 10, 2014 on May
13, 2014 at Anna City Hall Administration Building, in Anna, Texas.
I certify that the figures on the tally sheets correspond with the figures on the
returns.
Witness my hand this 27th day of May, 2014.
Presiding Officer of Canvassing Authority
OS-27-14 Certify figures votes. Doc. 1 05-27-14
City of Anna, Texas
SUMMARY OF PRECINCT RETURNS
I, the undersigned, the presng officer of the canvassing authority for City of Anna Election,
held on the 1 Oth day of May 2014, Collin County, Texas do hereby certify that the following is a
total of all votes received by each candidate as shown by the precinct returns. I further certify
that the following vote totals include early voting votes by precinct received under section
37.1231 of the Texas Election Code.
Name of Office or Proposition Name of Candidate Total Votes Received
City Council, Place 3 Justin Burr 36
City Council, Place 3 Brad Harris 1 4
City Council, Place 3 John Beasley 83
City Council, Place 3 Tiffany Burleson 37
City Council, Place 5 Nathan Bryan 102
Dated this 27th Day of May 2014.
Mayor, Mike Crist
OS-27-14 Summary of Precinct Returns
Election Summary Repoli
Collin County, TX
General and Special Elections
May 10, 2014
Summary For Jurisdiction Wide, All Counters, Anna City
Early Voting and Election Day Combined Accumulated Totals
Registered Voters 236613 -Cards Cast 160 0.07%
Anna Council Place 3
Total
Number of Precincts 11
Precincts Reporting 11 100.0 %
Vote For 1
Times Counted 160/4503 3.6 %
Total Votes 160
Times Blank Voted 0
Times Over Voted 0
Number Of Under Votes 0
Justin Burr 36 22.50%
Brad Harris 4 2.50%
John Beazley 83 51.88%
Tiffany Burleson 37 23.13%
Anna Council Place 5
Total
Number of Precincts 11
Precincts Reporting 11 100.0 %
Vote For 1
Times Counted 160/4503 3.6 %
Total Votes 102
Times Blank Voted 58
Times Over Voted 0
Number Of Under Votes 0
Nathan Bryan 102 MOM%
Date:05/16/14
Time:15:20:12
Page:l of 1
Num. Report Precinct 105 - Num. Reporting 105 100.00%
5TATE OF TEXAS CANVASS OF THE
i
CITY 4 \ l
10 May %, 1 2014
I, Sharon Rowe, the undersigned Elections Administrator of Collin County,
do hereby certify that I have made an actual check and comparison of a!I the
ballots tabulated as voted with the Return Sheets, and the unused ballots as
recorded on the Register of Official Ballots. I, therefore, make the following
report of my findings from the May 10, 2014, City of Anna General Election that
was held in Collin County, Texas.
I hereby certify the results to be a full, true and correct tabulation, audit
and count of the votes cast in the said election.
WITNESS, my hand on this the 16th day of May 2014.
Sharon Rowe
Elections Administrator
Collin County
Election Summary Report
Collin County, TX
General and Special Elections
May 10, 2014
Summary For Jurisdiction Wide, , Anna City
Election Day Accumulated Totals
Registered Voters 236613 -Cards Cast 50 0.02%
Anna Council Place 3
Total
Number of Precincts 11
Precincts Reporting 11 100.0 %
Vote For I
Times Counted 50/4503 1.1 %
Total Votes 50
Times Blank Voted 0
Times Over Voted 0
Number Of Under Votes 0
Justin Burr 14 28.00%
Brad Harris 0 0.00%
John Beazley 24 48.00%
Tiffany Burleson 12 24.00%
Anna Council Place 5
Number of Precincts
Precincts Reporting
Vote For
Times Counted
Total Votes
Times Blank Voted
Times Over Voted
Number Of Under Votes
Nathan Bryan
Total
11
11
1
50/4503
31
19
0
100.0
1.1
31 100.00%
Date:05/16/14
Time:15:19:10
Page:1 of 1
Num. Report Precinct 105 -Num. Reporting 105 100.00%
Election Summary Report
Collin County, TX
General and Special Elections
May 10, 2014
Summary For Jurisdiction Wide, , Anna City
Early Voting Accumulated Totals
Registered Voters 236613 -Cards as 110 0.05%
Anna Council Place 3
Total
Number of Precincts 11
Precincts Reporting 11 100.0 %
Vote For I
Times Counted 110/4503 2A %
Total Votes 110
Times Blank Voted 0
Times Over Voted 0
Number Of Under Votes 0
Justin Burr 22 20.00%
Brad Harris 4 3.64%
John Beazley 59 53.64%
Tiffany Burleson 25 22.73%
Anna Council Place 5
Total
Number of Precincts 11
Precincts Reporting 11 100.0 %
Vote For 1
Times Counted 110/4503 2A %
Total Votes 71
Times Blank Voted 39
Times Over Voted 0
Number Of Under Votes 0
Nathan Bryan 71 100.00%
Date:05/16/14
Time:15:17:47
Page:1 of 1
Num. Report Precinct 105 -Num. Reporting 105 100.00%
�ioM�'rowN
Council Meeting: May 27, 2014
Account Code #: N/A
Budgeted Amount: N/A
Item No.4 WS
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Natha Willcison
Date Prepared: 5-2214
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Administer the Statement of Elected Officer and the Oath
of Office and present Certificate of Election to newly elected officials. (City Secretary)
SUMMARY: According to the City Charter each newly -elected person to the City
Council is entitled to be inducted into office at the first regular City Council meeting
following the election that the newly -elected member attends. Also according to the City
Charter all elected and appointed officers of the City must take and sign an oath of office
based on those prescribed for state elective and appointed offices, respectively, in the
Constitution of the State of Texas.
The Statement of Elected Officer and the Oath of Office will be given to the newly
elected officials.
Council Meeting: May 275 2014
Account Code #: N/A
Item No. 5 W S
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Clayton Fulton
Date Prepared: OS/22/14
Budgeted Amount: N/A Exhibits: ❑Yes Q No
AGENDA SUBJECT: Review Draft FY 15 Department Budgets.
SUMMARY: Staff will review the following draft budgets with the City Council:
• Police Department
• Fire Department
• Ambulance
• Animal Control
• Municipal Court
These departments are being reviewed together as each department plays a role in
providing and responding to calls for public safety. The combined budget for these
departments is typically just over 50% of the General Fund Budget.
RECOMMENDED ACTION: None
.w
Y{OUR} I-IOfl+tETOW N
CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING
May 279 2014
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., May 27,
2014, at the Anna City Hall Administration Building, located at 111 North Powell
Parkway (Hwy 5), to consider the following items.
Welcome to the Ci>)� Council Meeting. Please sign the Sign -In -Sheet as a record of
attendance. If you wish to speak on an open -session agenda item please fill out the
Opinion/Speaker Registration Forrn and turn it in to the City Secretary before the
meeting starts.
1. Call to Order.
2. Invocation and Pledge of Allegiance.
3. Citizen comments. Citizens ar•e allo�a�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.
4. Receive reports from Staff or the City Council about items of community
interest. Items of community interest include: expressions of thanks,
congratulations, or condolence; information regarding holiday schedules; an
honorary or salutary recognition of a public official, public employee, or
other citizen (but not including a change in status of a person's public office
or public employment); a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social, ceremonial,
or community event organized or sponsored by an entity other than the
governing body that ivas attended or is scheduled to be attended by a member
of the governing body or an official or employee of the municipality; and
announcements involving an imminent threat to the public health and safety of
people in the municipality that has arisen after the posting of the agenda.
5. Consider/Discuss/Action regarding electing the Mayor Pro Tern as directed in
the City Charter. (City Council)
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
O5-27-14 CC Regular Meeting Agenda.doc 1 Posted 05-23-14
6. Consider/Discuss/Action regarding electing the Deputy Mayor Pro Tem as
directed in the City Charter. (City Council).
7. Consent Items. These items consist of non -controversial or "housekeeping"
items required by laiv. Items may be considered individually by any Council
member making such request prior to a motion and vote on the Consent Items.
a. Approve City Council Minutes for May 139 2014 Regular Meeting.
b. Approve a Resolution regarding "Colburn" Development plat.
(Maurice Schwanke)
c. Approve a Resolution regarding "West Crossing PH 4" final plat.
(Maurice Schwanke)
d. Approve a Resolution regarding setting Public Hearing Dates, Times
for Roadway Impact Fees. (Maurice Schwanke)
e. Approving the Quarterly Investment Report. (Clayton Fulton)
8. (a) Public Hearing: To consider public comments on a request by owners) of
property, to change from Single Family Estate (SF-E) and existing Planned
Development Zoning to Planned Development (PD) Single Family Zoning.
The subject property is located west of CR 427 and south of CR 376. The
tract is approximately 48.004 acres of land in the J C Brantley Survey,
Al14.(Maurice Schwanke)
(b) Consider/Discuss/Action regarding an Ordinance to change from Single
Family Estate (SF-E) and existing Planned Development Zoning to Planned
Development (PD) Single Family Zoning. The subject property is located
west of CR 427 and south of CR 376. The tract is approximately 48.004 acres
of land in the J C Brantley Survey, A114. (Maurice Schwanke)
9. Consider/Discuss/Action regarding the special event application submitted by
Karen Ahrens, owner of Daddy Rex's Twisted Barbeque concerning the
request to have "Summer Nights Concert Series" on Thursday's from 4:00
p.m. to 9:00 p.m. starting June 5th — July 31 st, 2014 located on Interurban
Street (4tl' Street to alley between 4"' and 5th Street). (Maurice Schwanke)
10. Consider/Discuss Action regarding the special event application submitted by
Karen Ahrens, owner Daddy Rex's Twisted Barbeque concerning the request
to have a "Community Festival & Ice Cream Crank -Off to be held on
Saturday, June 14th, 2014 from 6000 a.m. to 6*00 p.m. located on Interurban
Street. (Maurice Schwanke)
11. Consider/Discuss Action regarding the special event application by Sara Cox,
representative for the Greater Anna Chamber of Commerce regarding the
request for the "July 4th Fire Works Show" at the Anna Athletic
Stadium/Middle School on July 4, 2014. (Maurice Schwanke)
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
O5-27-14 CC Regular Meeting Agenda.doc 2 Posted 05-23-14
12. Consider/Discuss/Action regarding a Resolution approving a Subdivision
Improvement Agreement for West Crossing, Phase 4. (City Manager).
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);
Park Land;
b. discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex. Gov't Code §551.072), acquisition of right-of-way;
easements; and land for municipal facilities;
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 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); proposed residential and retail developments;
d. discuss or deliberate personnel matters: City Secretary update. Tex.
Gov't Code S551.074).
The council further reserves the right to enter into executive session at any
time throughout any duly noticed meeting under any applicable exception
to the Open Meetings Act.
14. Consider/Discuss/Action on any items listed on posted agenda for May 27,
2014 Workshop Session or any closed session occurring during this Regular
Meeting, as necessary.
15. Adjourn.
L The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
O5-27-14 CC Regular Meeting Agenda.doc 3 Posted 05-23-14
This is to certify that 1, Natha Willcison, 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. May 23, 2014.
Natha Wilkison, City Secretary
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
O5-27-14 CC Regular Meeting Agenda.doc 4 Posted 05-23-14
HOMETOWN
Council Meeting: May 27 2014
Account Code #: N/A
Budgeted Amount: N/A
AGENDA SUBJECT
GYllu i►i /\:T�
RECOMMENDATION:
Call to order.
Item No. 1
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 5-22-14
Exhibits: ❑Yes ❑ No
Y{OUR.}IIOMETOWN
Council Meeting: May 27I 2014
Account Code #: N/A
Budgeted Amount:
AGENDA SUBJECT:
SUMMARY:
RECOMMENDATION:
Item No. 2
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 5-22-14
Exhibits: ❑Yes ❑ No
Invocation and Pledge of Allegiance.
n
Council Meeting: May 27, 2014
Account Code #: N/A
Budgeted Amount: N/A
Item No. 3
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 5-22-14
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Citizen Comments. Citizens are allort�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:
y{OZ7F} gOMETOWN
Council Meeting: May 27, 2014
Account Code #: N/A
Budgeted Amount:
1:1
Item No. 4
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 5-22-14
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,
�w
Council Meeting: May 27, 2014
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: Philip Sanders
Date Prepared: 5-22-14
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding electing the Mayor Pro
Tem as directed in the City Charter. (City Council)
SUMMARY: According to the City Charter the Mayor Pro-Tem is a Council Member
elected by the City Council at the first regular meeting after each election of Council
Members and/or Mayor. The Mayor Pro -Tern must act as Mayor during the disability or
absence of the Mayor, and in this capacity has the rights conferred upon the Mayor.
RECOMMENDATION: Staff recommends electing the Mayor Pro-Tem.
i
Council Meeting: May 27I 2014
Account Code #: N/A
Budgeted Amount:
N/A
Item No. 6
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 5-22-14
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding electing the Deputy
Mayor Pro Tem as directed in the City Charter. (City Council)
SUMMARY: According to the City Charter the Deputy Mayor Pro-Tem is a Council
Member elected by the City Council at the first regular meeting after each election of
Council Members and/or Mayor. The Deputy Mayor Pro-Tem must act as Mayor during
the disability or absence of the Mayor and Mayor Pro Tem, and in this capacity has the
rights conferred upon the Mayor.
RECOMMENDATION: Staff recommends electing the Deputy Mayor Pro-Tem.
HOMETOWN
Council Meeting: May 27, 2014
Account Code #: N/A
Budgeted Amount: N/A
Item No. 7 ta - e
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 5-22-14
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consent Items. These items consist of non -controversial or•
'housekeeping" items required by lain. Items may be considered individually by any Council
member making such request prior to a motion and vote on the Consent Items.
a. Approve City Council Minutes for May 13, 2014 Regular Meeting.
b. Approve a Resolution regarding "Colburn" Development plat.
(Maurice Schwanke)
c. Approve a Resolution regarding "West Crossing PH 4" final plat.
(Maurice Schwanke)
d. Approve A Resolution regarding setting Public Hearing Dates, Times
for Roadway Impact Fees. (Maurice Schwanke)
e. Approve the Quarterly Investment Report. (Clayton Fulton)
RECOMMENDATION: Staff recommends approval of the consent items.
MINUTES OF
CITY OF ANNA AGENDA NOTICE - CITY COUNCIL WORKSHOP
May 13 2014 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., May 13,
2014, at the Anna City Hall Administration Building, located at 111 N. Powell Parkway
(Hwy 5), regarding the following items:
1. Call to Order.
Mayor Mike Crist called the meeting to order at 6:30 pm.
2. Roll Call and Establishment of Quorum.
Mayor Mike Crist and Council Members James T. Cook, Lauren Lovato, John
Hopewell, Chad Barnes, Nathan Bryan and Dick Dowd were present.
3. Review Draft FY 2015 Department Budgets. (City Manager)
Clayton Fulton, Director of Finance reviewed City Council, City Manager, City
Secretary, City Attorney, Administrative Services and Finance Department
proposed FY 15 Budgets and answered questions.
4. Consider/Discuss/Action regarding approving a Resolution canvassing the
returns of May 10, 2014 General Election of two City Council Members, all
for three year terms. (City Council)
This item was moved to the May 27, 2014 meeting.
Council Member Bryan made the motion to enter closed session at 7:03 pm.
Council Member Hopewell seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN 0
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.0
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
55zz 1.071); EMS Service; Park Land;
OS-13-14 CC Workshop Meeting Mimrtes.doc 1 OS-13-14
b. discuss or deliberate the purchase, exchange, lease, or value of
real property (Tex. Gov't Code §551.072); acquisition of right-of-
way, easements, and land for municipal facilities;
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 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
); proposed residential and retail developments;
d. discuss or deliberate personnel matters: City Attorney Annual
Reviews City Secretary update. (Tex. Gov't Code 4551.074).
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 Bryan made the motion to return to open session at 7:30 pm.
Council Member Hopewell seconded the motion. Motion passes.
AYE 7
NAY 0
ABSTAIN 0
6. Consider/Discuss/Action on any items listed on posted agenda for May 13,
2014 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. Council Member
Barnes seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN 0
7. Adjourn.
Council Member Bryan made the motion to adjourn at 7:31 pm. Council Member
Hopewell seconded the motion. Motion passes.
AYE 7 NAY 0 ABSTAIN 0
ATTEST: APPROVED:
Natha Wilkison, City Secretary
Mike Crist, Mayor
OS-13-14 CC Workshop Meeting Mirnrtes.doc 2 OS-13-14
OS-13-14 CC Workshop Meeting Mimrtes.doc 3 OS-13-14
MINUTES OF
CITY OF ANNA AGENDA NOTICE — CITY COUNCIL REGULAR MEETING
May 13, 2014 7*30 p.m. — Anna City Hall Administration Building
The City Council %J the City of Anna met in Regular Session at 7:30 p.m., May 13, 2014,
at the Anna City Hall Administration Building, located at 111 North Powell Parkway
(Hwy 5), to consider the following items.
Welcome to the Cit}� Cozmcil Meeting. Please sign the Sign -In -Sheet as a record of
attendance. If you -hish to speak on an open -session agenda item please fill out the
Opinion/Speaker Registration Forrn and turn it in to the City Secretary before the
meeting starts.
1. Call to Order.
Mayor Mike Crist called the meeting to order at 7:31 pm.
2. Invocation and Pledge of Allegiance.
Mayor Cr•ist gave the invocation.
3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is
unable to respond to or discuss any issues that are brought rip during this
section that are not on the agenda, other than to mike statements of specific
factual information in response to a citizen's inquiry or to recite existing
policy in response to the inquiry.
None
4. Receive reports from Staff or the City Council about items of community
interest. Items of community interest include: expressions of thanks,
congratulations, or condolence; information regarding holiday schedules;
an honorary or salutary recognition of a public official, public employee, or
other citizen (but not including a change in status of a person's public office
or public employment), a reminder about an upcoming event organized or
sponsored by the governing body; information regarding a social,
ceremonial, or community event organized or sponsored by an entity other
than the governing body that was attended or is scheduled to be attended by
a member of the governing body or an official or employee of the
municipality; and announcements involving an imminent threat to the
public health and safety of people in the municipality that has arisen after
the posting of the agenda.
Mayor Crist presented Council Member Hopewell with a plaque for his
service to the City. Fire Chief Gothard introduced Dr. Pearlman, new Medical
Director for the Fire Department. Police Chief Jenks mentioned that it was
Police Memorial Week.
5. Administer the Statement of Elected Officer and the Oath of Office and
present Certificate of Election to newly elected officials. (Mayor)
OS-13-14 CC Regular Meeting Minutes.doc 1 05-13-14
This item was moved to the May 27, 2014 meeting.
6. Consider/Discuss/Action regarding electing the Mayor Pro Tem as
directed in the City Charter. (City Council)
This item was moved to the May 27, 2014 meeting.
7. Consider/Discuss/Action regarding electing the Deputy Mayor Pro Tem
as directed in the City Charter. (City Council.
This item was moved to the May 27, 2014 meeting.
8. Consent Items. These items consist of non -controversial or• "Irorrsekeeping"
items required by law. Items may be considered individually by ally Council
member making such request prior to a motion and vote on the Consent
Items.
a. Approve City Council Minutes for April 22, 2014 Regular
Meeting.
b. Approve an amendment to the FY 2014 budget of the Anna
Community Development Corporation. (Jessica Perkins)
Council Member Bryan mad the motion to approve. Council Member Lovato
seconded the motion. Motion passes.
AYE 7
NAY 0
9. Consider/Discuss/Action regarding a Resolution approving a concept
plan for Lakeview Park. (Maurice Schwanke)
Maurice Schwanke, Director of Planning and Development presented the item
to council and answered questions. Council Member Hopewell made the
motion to approve. Council Member Barnes seconded the motion. Motion
passes.
AYE 7
NAY 0
ABSTAIN 0
Public Hearing: To consider public comments on a request by
Bloomfield Homes, owner of property, requesting an Exception to the
Residential Architectural Standards by the approval of a Specific Use
Permit from Section 35.04 (c) of the Anna Zoning Ordinance which sets
the distance from front elevation to the garage front to a maximum
distance of 10' to a requested distance of 13' on Bloomfield Bluebonnet
Home model. The parcels are location in portions of West Crossing
Phases 1, 2, 3 and future sections of West Crossing subdivision and part
of Willow Creek Addition. The property is currently zoned as Planned
Development Single Family Residential. (Maurice Schwanke)
OS-13-14 CC Regular Meeting Minutes.doc 2 OS-13-14
Maurice Schwanke, Director of Planning and Development presented the item
to council and answered questions. Mayor Crist opened the public hearing at
7:48 pm. Anna resident David Holden spoke in favor of the item. Mayor
closed the public hearing at 7:51 pm. Mayor Crist recused himself. Mayor Pro
Tem Hopewell presided over 10 (b).
(b) Consider/Discuss/Action regarding the request of a Specific Use
Permit to allow the distance from front elevation to the garage front to a
maximum distance of 13' on Bloomfield Bluebonnet Home Model on
parcels located in portions of West Crossing Phases 1,2,3 and future
sections of West Crossing subdivision and part of Willow Creek
Addition. (Maurice Schwanke)
Council Member Barnes made the motion to approve. Council Member Cook
seconded the motion. Motion passes.
AYE 6
NAY 0
Mayor Crist returned to the meeting.
ABSTAIN 0
11. Briefing/Discussion regarding changing the names of certain streets in
North Pointe Crossing. (Maurice Schwanke)
Maurice Schwanke, Director of Planning and Development presented the item
to council and answered questions.
Council Member Bryan made the motion to enter closed session at 7:54 pm.
Council Member Dowd seconded the motion. Motion passes.
AYE 7
NAY 0
Mayor Crist made the motion to return to open session at 8:40 pm. Council
Member Lovato seconded the motion. Motion passes.
AYE 7
NAY 0
ABSTAIN 0
Mayor Crist left the meeting. Mayor Pro Tem Hopewell presided over the rest
of the meeting.
12. Consider/Discuss/Action regarding a Resolution approving an Interlocal
Agreement with Collin County for Ambulance Services. (Chief Gothard)
Fire Chief Gothard presented the item to council and answered questions.
Council Member Bryan made the motion to approve. Council Member Lovato
seconded the motion. Motion passes.
AYE 6
NAY 0
ABSTAIN 0
13. Consider/Discuss/Action regarding an Ordinance updating the City's
Purchasing Policies. (Clayton Fulton)
05-13-14 CC Regular Meeting Minutes.doc 3 05-13-14
Clayton Fulton, Director of Finance presented the item to council and
answered questions. Council Member Barnes made the motion to approve.
Council Member Bryan seconded the motion. Motion passes.
14. Consider/Discuss/Action regarding a Resolution authorizing approval of
a benefits consulting Agreement with Wellspring Human Capital.
(Clayton Fulton)
Clayton Fulton, Director of Finance presented the item to council and
answered questions. Mr. Fulton introduced Joe McFadin a representative of
Wellspring Insurance Agency. Mr. McFadin spoke about the services and
answered questions. Council Member Lovato made the motion to approve.
Council Member Cook seconded the motion. Motion passes.
AYE 6
NAY 0
ABSTAIN 0
15. Consider/Discuss/Action regarding a Resolution denying the rate increase
requested by Atmos Energy Corp., Mid -Tex Division under the
company's 2014 annual rate review mechanism filing in all cities
exercising original jurisdiction. (Jessica Perkins)
Jessica Perkins, Assistant to the City Manager presented the item to council
and answered questions. Council Member Cook made the motion to approve
the resolution denying the rate increase. Council Member Barnes seconded the
motion. Motion passes.
AYE 6
NAY 0
Council did not enter closed session at this time.
ABSTAIN 0
16. CLOSED SESSION (EXCEPTIONS): Under• Tex. Gov't Code Chapter
551, the City Council may enter into closed session to discuss any items
listed or referenced on this agenda under the following exceptions:
a. 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
55 1.071); EMS Service; Park Land;
b. discuss or deliberate the purchase, exchange, lease, or value of
real property (Tex. Gov't Code §551.072); acquisition of right-of-
way; easements; and land for municipal facilities;
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
OS-13-14 CC Regular Meeting Minutes.doc 4 05-13-14
that the City 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); proposed residential and retail developments;
d. discuss or deliberate personnel matters: City Attorney Annual
Review; City Secretary update. (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.
17. Consider/Discuss/Action on any items listed on posted agenda for May 13,
2014 Workshop Session or any closed session occurring during this
Regular Meeting, as necessary.
Council Member Bryan made the motion to take no action. Council Member
Barnes seconded the motion. Motion passes.
AYE 6 NAY 0 ABSTAIN 0
18. Adjourn.
Council Member Bryan made the motion to adjourn at 8:58 pm. Mayor Pro
Tem Hopewell seconded the motion. Motion passes.
ATTEST: APPROVED:
Natha Willcison, City Secretary
Mike Crist, Mayor
OS-13-14 CC Regular Meeting Minutes.doc 5 OS-13-14
iipMETOWN
Council Meeting: May 27, 2014
Account Code #: N/A
Item NO./ (b)
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanke
Date Prepared: OS/20/14
Budgeted Amount: N/A Exhibits: ■Yes ❑ No
AGENDA SUBJECT: Approve a Resolution regarding "Colburn" Development plat.
SUMMARY: This development plat is located within the extraterritorial jurisdiction of
the City. The tract is in the Mark R Roberts Survey, Abstract No. 742 and contains
approximately 10.981 acres of land. The property is located at 13399 Briar Cove Road.
The owner(s) is proposing to build a new 30' x 50' structure on the tract. The plat meets
the City of Anna development plat requirements.
PLANNING AND ZONING ACTION: The Planning and Zoning recommended
approval of the development plat at their May 12th, 2014 meeting. The vote was
unanimous.
RECOMMENDED ACTION: Approval of development plat
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "COLBURN
DEVELOPMENT PLAT" GENERALLY LOCATED IN ANNA'S EXTRATERRITORIAL
JURISDICTION LOCATED AT 13399 BLAIR COVE ROAD AND IS SUBJECT TO THE
SUBDIVISION RULES AND REGULATIONS AS SET FORTH IN THIS RESOLUTION.
WHEREAS, In order to provide for the orderly development of land within the Anna city limits
and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council")
has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and
WHEREAS, the Planning and Zoning Commission has recommended that the City Council
approve the Colburn Development Plat,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval of Development Plat
The City Council hereby approves the Colburn Development Plat
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 27th day
of May, 2014.
ATTEST:
Natha Wilkison, City Secretary
Mayor, Mike Crist
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Council Meeting: May 27, 2014
Account Code #: N/A
Item No. 7 c
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanlce
Date Prepared: OS/20/14_
Budgeted Amount: N/A Exhibits: ■Yes ❑ No
AGENDA SUBJECT: Approve a Resolution regarding "West Crossing PH 4" final
plat.
SUMMARY: A final plat has been received on approximately 14.14 acres of land that is
located north of Hackberry Blvd. and west of Slayter Creek. A preliminary plat was
approved for the property by the City Council September of 2013. The owner/developer
is proposing 70 residential lots on the tract. The civil construction plans have been
reviewed by the City Consulting Engineer.
PLANNING AND ZONING ACTION: The Planning and Zoning recommended
approval of the final plat at their Mayl2th, 2014 meeting. The vote was unanimous.
RECOMMENDED ACTION: Approval of final plat
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE FINAL PLAT FOR
THE "WEST CROSSING PH 4" IN THE AREA GENERALLY LOCATED NORTH OF
HACKBERRY BLVD AND WEST OF SLAYTER CREEK.
WHEREAS, In order to provide for the orderly development of land within the Anna city limits
and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council")
has adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and
WHEREAS, the Planning and Zoning Commission has recommended that the City Council
approve the West Crossing PH 4 Final Plat.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval of Final Plat
The City Council hereby approves the West Crossing PH_4 final plat attached.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 27t" day
A May, 2014,
ATTEST:
Natha Wilkison, City Secretary
Mayor, Mike Crist
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Item No. 7
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Council Meeting: May 27, 2014 Staff Contact: Maurice Schwanke
Account Code #: N/A Date Prepared: OS/22/14
Budgeted Amount: N/A Exhibits: ■Yes ❑ No
AGENDA SUBJECT: Approve a Resolution setting Public Hearing Dates, Times for
Roadway Impact Fees,
SUMMARY: As part of the requirements of Section 395 of the Local Government Code
concerning the adoption of Impact Fees the City Council is required to hold a public
hearing. The City is anticipating holding the public hearing on July 8tl' of 2014. The
Cities Impact Fee Advisory Committee is currently reviewing the Land Use Assumptions
for Roadway Impact Fees, Roadway Impact Fee Capital Improvement Plan, as part of the
process. They will be providing the Council their results and recommendations. This
process established by the Local Government Code is required every 5 years if a city has
impact fees or is planning on adopting impact fees.
RECOMMENDED ACTION: Set the Public Hearing for Impact Fees.
CITY OF ANNA
RESOLUTION NO.
Roadway Impact Fees CIP
A RESOLUTION ESTABLISHING THE DATES, TIMES, AND PLACES FOR
PUBLIC HEARINGS FOR ROADWAY IMPACT FEES CIP
WHEREAS, The City may wish to adopt Roadway Impact Fees; and
WHEREAS, The State of Texas Local Government Code Section 395 has outlined the
procedures for Impact Fee Adoption; now therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA THAT
Section 1.
The City Council of the City of Anna hereby proposes to conduct required public hearings
to establish Roadway Impact Fees.
Section 2.
Public hearing regarding a) Land Use Assumptions for Roadway Impact Fees b) Roadway
Impact Fees CIP is hereby scheduled as follow:
Public Hearing —July 8t", 2014 at 7:30 p.m. at the Community Room, Anna City Hall
Administration Building, I I I N. Powell Pkwy, Anna, TX
PASSED by the following vote of all members of the City Council as present on this the
27t" day of May, 2014.
NAYS
ATTEST:
City Secretary, Natha Willcison
ABSTENTIONS
APPROVED:
Mike Crist, Mayor
n
Council Meeting: May 27, 2014
Item No. 7 e
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Clayton Fulton
Account Code #: N/A Date Prepared: 5/22/14
Budgeted Amount: N/A Exhibits: Q✓ Yes El No
AGENDA SUBJECT: Presentation of the Quarterly Investment report
SUMMARY: In accordance with the Public Funds Investment Act, the City is required
to submit a quarterly report on the investment of all Public Funds held by the City.
The attached report has been developed by our investment advisors, Valley View
Consulting, LLC. The report will review the following:
• Review of economic conditions
• Review of the City's holdings
• Comparison of book vs. market value
• Allocation information
• Other information related to the PFIA
RECOMMENDATION: None, no action is required.
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Council Meeting: May 14, 2014
Account Code #: N/A
Budgeted Amount: N/A
Item No. 8
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanke
Date Prepared: OS/20/14
Exhibits: ■Yes ❑ No
AGENDA SUBJECT: (a) Public Hearing: To consider public comments on a request
by owner(s) of property, to change from Single Family Estate (SF-E) and existing
Planned Development Zoning to Planned Development (PD) Single Family Zoning. The
subject property is located west of CR 427 and south of CR 376. The tract is
approximately 48.004 acres of land in the J C Brantley Survey, A114.
(b) Consider/Discuss/Action regarding an Ordinance to change from Single Family Estate
(SF-E) and existing Planned Development Zoning to Planned Development (PD) Single
Family Zoning. The subject property is located west of CR 427 and south of CR 376.
The tract is approximately 48.004 acres of land in the J C Brantley Survey, A114.
SUMMARY: This 48 acre tract is owned by the Anna Economic Development
Corporation. The Corporation is interested in rezoning the property in line with future
residential densities that are anticipated in the "Anna Comprehensive Plan" (Plan). This
will help facilitate the process when a potential purchaser researches the property. They
will know what kind of densities and standards the City anticipates on the tract of land
and may not need to go through another rezoning request and they can make their
decisions accordingly.
This request is for 7,200 square feet minimum lot size with an average of 8,400 square
feet. The property to the north (known as Camden Parc) is zoning for 7,200 square feet
lots while the property not adjacent but to the south is zoned for 7,200 square feet lots
(Sweetwater Crossing) The ordinance addresses several other factors as shown in the
attached ordinance for your consideration.
PLANNING AND ZONING ACTION: The Planning and Zoning recommended
approval of the proposed ordinance at their meeting on May 12th, 2014. The vote was
unanimous.
RECOMMENDED ACTION: Approval of Ordinance
May 23, 2Q19•
RE: Table Rezoning Request
To Whom it May Concern,
The Anna Economic Development Corporation has received an offer for the
48acre track of land which is the subject of the rezoning request. Due to a
request by the potential buyer, the EDC respectfully requests that the item be
table at the next City Council meeting until the EDC board has had an opportunity
to convene and review the offer.
The EDC Uoard anticipates being able to move forward with the rezoning request
in June.
Sincerely,
' �}QXIill
J ica Perkin , Chief Administrative Officer Anna EDC
f
GITI' OF A�1talA, TEXAS
POWELL PKWY.
P.o. pox 77e
A?3hA, 7EXr1S 75409•(3776
Pttan,E 922.924,3325
rr,x �22.324•2620
^:4vGw.AN NATEXAS,GOV
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, May 27,
2014 at 7#30 p.m. at the Community Room of the Anna City Hall Administration Building
located at 111 North Powell Pkwy (Hwy 5) Anna, Texas, to hear public comment regarding
amendments to the City's Comprehensive Plan, the City's zoning map, and the City's Zoning
Ordinance. The public hearing will respectively concern the City Council's consideration of an
ordinance described as follows:
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S
COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND
CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN;
PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE
NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY
LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF. The property is currently zoned as Single Family Estate (SF-E) and
existing Planned Development. The tract is approximately 48.004 acres of land in the J C
Brantley Survey, A 114. The owner(s) are requesting a zoning change to Planned Development
(PD) Single Family Zoning. The subject property is located west of CR 427 and south of 376.
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.
(Property rezoned under this ordinance is generally located west of County Road 427. and south of
County Road 376)
CITY OF ANNA, TEXAS
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.
WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and regulations
governing the zoning in the City; and
WHEREAS, the City has received a requested zoning change on Property described in Exhibit A
("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and
WHEREAS, said Property generally located west of County Road 427 and south of County Road
Number 376 is being rezoned from Single Family Estate (SFE) and Planned Development zoning to
Planned Development (PD) Single Family Residential zoning, and
WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna
("City Council") have given the requisite notices by publication and otherwise and have held the public
hearings as required by law and afforded a full and fair hearing to all property owners and generally to all
persons interested in and situated in the affected area and in the vicinity thereof, the City Council has
concluded that the Zoning Ordinance of the City should be amended as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS THAT:
Section 1. Recitals Incorporated
The above recitals are incorporated herein by reference for all purposes.
Section 2. Zoning Change
The Zoning Ordinance of the City,
Part III-C of The Anna City Code
Property described in Exhibit A fr
Planned Development (PD) zoning.
the Property or any part thereof to
Development Standards or more r
City of Anna Ordinance No. 116-2003 as amended and codified as
of Ordinances are hereby amended by changing the zoning of the
�m Single Family Estate (SFE) and Planned Development (PD) to
The Planned Development (PD) zoning regulations limit the use of
those permitted in the Single Family Residence District (SF-72)
�strictive as set forth below and all unspecified regulations shall
1
conform to the standards set forth in the Citys Zoning Ordinance as it currently exists or may be
amended).
1. PLANNED DEVELOPMENT — PD-72 Residential:
1.1 General Description: The Property identified on the attached Exhibit "A" is intended to
accommodate residential and neighborhood convenience development in the City of Anna.
The residential uses for the land identified on the Concept Plan shall be developed in
accordance with the "SF-72 — Single Family District" regulations of the City of Anna Zoning
Ordinance as presently exist or as they may be amended.
1.2 PD-72 Development Standards:
a. Building and Area Requirements: The following development standards shall pertain to
residential uses, as outlined above, developed within the PD-72 areas.
i. Minimum Floor Area —The minimum floor area per dwelling unit shall be one
thousand eight hundred (1,800) square feet.
ii. Lot Area —The minimum area of any lot shall be seventy-two hundred (7,200)
square feet.
iii. Overall Average Lot Area — The overall lot area average for the residential lots
within the Property as defined on Exhibit "A" shall be a minimum of eighty-four
hundred (8,400) feet.
iv. Lot Coverage — In no case shall more than sixty (60) percent of the total lot area be
covered by the combined area %J the main buildings and accessory buildings.
Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall
not be included in determining maximum lot coverage.
v. Lot Width —The minimum width of any lot shall be sixty (60) feet measured at the
front building line, except for lots at the terminus of a cul-de-sac, on a corner or
along a curve may have a width of fifty-five (55) feet at the front building line;
provided all other requirements of this section are fulfilled.
vi. Lot Depth —The minimum depth of any lot shall be one hundred twenty (120) feet,
except for lots at the terminus of a cul-de-sac, on a corner or along a curve may
have a minimum lot depth, measured at mid -points on front and rear lot lines, of
one hundred (100) feet; provided all other requirements of this section are fulfilled.
vii. Front Yard —The minimum depth of the front yard shall be twenty-five (25) feet.
Covered drives (no carports), garages and porte-cocheres that are architecturally
designed as an integral element of the main structure may extend up to five (5) feet
from the established front building line into the front yard area.
2
viii. Side Yard —The minimum side yard shall be seven and one-half (7.5) feet. The side
yard adjacent to a street shall be fifteen (15) feet.
ix. Rear Yard —The minimum depth of the rear yard shall be twenty-five (25) feet.
2.2 Conformance to all applicable articles of the Anna Zoning Ordinance:
Except as amended herein, this PD shall conform to any and all applicable articles and
sections of the Anna Zoning Ordinance as it presently exist or may be amended.
2.3 General Compliance: Except as amended by this Ordinance, development of property
within this PD must comply with the requirements of all ordinances, rules and regulations
of the City of Anna as they exist or may be amended.
Section 3. Official Zoning Map
The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein.
Section 4. Savings, Repealing and Severability Clauses
It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs,
subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence,
paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or
otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words,
sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same
would have been enacted by the City Council without the incorporation in this ordinance of any such
unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or
provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance
become effective that are consistent and do not conflict with the terms and provisions of this ordinance
are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of
ordinances in force when the provisions of this ordinance become effective that are inconsistent or in
conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of
any such conflict.
Section 5. Penalty
Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or
not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an
amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a
separate offense and will be punished separately.
Section 6. Publication of the Caption and Effective Date
3
This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and
posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and
directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas this day of
2014.
ATTESTED:
Natha Wilkison, City Secretary
Milce Crist, Mayor
ANNA ECONOMIC DEVELOPMENT CORPORATION
RESOLUTION NO. a014-QS - D( Ct/y�)
A RESOLUTION OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION
AUTHORIZING AND APPROVING A REZONING APPLICATION FOR 48 ACRE
TRACK OF REAL PROPERTY
WHEREAS, the Anna Economic Development Corporation (the "EDC") intends to
submit an application to rezone the EDC-owned property seeking a zoning
classification change from SF — E and PD district to PD — 7200 district; and
WHEREAS, the EDC has determined that rezoning of said property is in the best
interests of the EDC and that the Chief Administrative Officer should move forward
with the submittal of the application seeking a zoning classification change from SF
— E and PD district to PD: 7200 district.
NOW THEREFORE, BE IT RESOLVED BY THE ANNA ECONOMIC DEVELOPMENT
CORPORATION, THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Authority to Submit Rezoning Application
The Board of Directors of the Mn (the "Board") hereby authorizes the Chief
Administrative Officer ("CAO") to submit a rezoning application seeking a zoning
classification change from SF-E and PD district to PD- 7200 district, on the EDC's
behalf, for real property, which is approximately 48 acres and is described in more
detail in the attached EXHIBIT A, incorporated herein for all purposes.
S-f-
PASSED AND APPROVED by the Anna Economic Development Corporation this
Jay of , 2014.
FAII
APPROVED:
EDC President
Sherilyn �d
EDC Secreta
EDC OF ANNA, TEXAS RESOLUTION NO.o��y'l�'�I C�� 1 PAGE 9 OF 2
Exhibit A
BEING all of that certain 48.004 acre tract of land situated in Collin County, Texas, in the Ja Brantley Survey, Abstract
No. 114, and being a re -survey of a called 47.98 acre tract of land described in a Special Warranty Deed recorded at
County Clerk File No. 96-0062799 in the Collin County Deed Records, and being more particularly described by metes
and bounds as follows:
BEGINNING at a 1/2 inch iron rod found at a bend in County Road 427 at the most Northerly corner of said 47.98 acre
tract, being the Southeast corner of a called 65.543 acre but of land described as Tract 7 in a Quitclaim Deed recorded at
County Clerk File No. 9&0110244, said point also being the Southwest comer of a called 25.024 acre tract of land
described in a General Warranty Deed recorded in Volume 4942, Page 511 of said deed records, from which a PK nail set
at the centerline intersection of County Road 427 and County Road 376 bears North 00 deg. 00 min. 37 sec. West, 874.54
feet, said found 112 inch iron rod being the most Northerly corner hereof,
THENCE South 59 deg. 24 min. 09 sec. East generally along the center of County Road 427, the
Northeasterly line of said 47.98 acre tract and the Southwesterly line of said 25,024 acre tract a distance
of 577.27 feet to a 112 inch iron rod found in the center of County Road 427 at the common East corner
thereof, from which a 112 inch iron rod found in concrete on the North side of County Road 427 bears
North 33 deg. 06 min. 00 sec. East, 19.67 feet, said found 112 inch iron rod in the center of County Road
427 being the most Easterly corner hereof;
Tf�NCE South 33 deg. 59 min. 07 sec. West along a Southeasterly line of said 47.98 acre tract, at 24.66 feet pass over a
112 inch iron rod found at a fence corner post and continuing generally along or near a fence on a Southeasterly line of
said 47.98 acre tract and a Northwesterly line of a called 24.722 acre tract of 1130d described in a Warranty Deed
recorded at County Clerk File No. 95-0083721 a distance of 892.84 feet to a 1/2 inch iron rod found at a fence corner
post at a common corner thereof;
THENCE South 61 deg. 56 min. 28 sec. West generally along or near a fence on a Southeasterly line of said47.98 acre
tract and a Northwesterly tine of said 24.722 acre tract a distance of 1558.68 feet to a I/2 inch iron rod found at a fence
corner post at the common West corner thereof, said point being in the East line of the Dallas Area Transit (DART) rail
right-of-way (50 feet from centerline) said found 1/2 inch iron rod being the most Southerly corner hereof,
THENCE North 24 deg. 00 min. 42 sec. West generally along or near a fence on the East line of said DART rail right-of-
way (50 feet from centerline) a distance of 1278.03 feet to a 112 inch iron rod found therein at the Southwest corner of
said 65.543 acre tract, said found 1/2 inch iron rod being the Northwest corner hereof,
THENCE North 76 deg. 53 min. 40 sec. East along the South line of said 65.543 acre tract, at 1.30 feet pass over a I/2
inch iron rod found at the Northwest corner of said 47.98 acre tract, and continuing along the South line of said 65.543
acre tract and the North line of said 47.98 acre tract a distance of 1822.79 feet toa 1/2 inch iron rod found at a common
Easterly comer thereof, said found 1/2 inch iron rod being a Northerly corner hereof;
THENCE North 33 deg. 16 min. 07 sec. East along the Northwest line of said 47.98 acre tract and the
Southeast line of said 65.543 acre tract a distance of 223.15 feet to the Ptace of Beginning and being
ca1cL1lated to Contain 48.004 acres of land, more or less.
EDC OF ANNA, TEXAS RESOLUTION NO.,_ PAGE 2 OF 2
IiOMETOWN
Council Meeting: May 27, 2014
Account Code #:
Budgeted Amount:.
Item No. 9
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanlce
Date Prepared: OS/22/14_
Exhibits: ■Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding the special event application
submitted by Karen Ahrens, owner of Daddy Rex's Twisted Barbeque concerning the
request to have "Summer Nights Concert Series" on Thursday's from 4:00 p.m. to 9:00
p.m. starting June 5th — July 31 st, 2014 located on Interurban Street (4th Street to alley
between 4th and 5th Street).
SUMMARY: The City has received a special event permit application for the request to
have a "Summer Night Concert Series" on Thursday's from 4:00 p.m. to 9:00 p.m.
starting June 5th — July 31 st, 2014. The location for this event will be on Interurban Street
(4th Street to alley between 4th and 5th Street). All property owners in the general area
that could be contacted have indicated that they are in support of the events. A total of 9
events could occur during the June 5t" to July 31st time frame. Interurban Street at this
location will be closed down for the events. A "block Street" application has been
submitted for this event requesting to close off Interurban Street (4th Street to alley
between 4th and 5th Street) that will go to the Anna Police Department/Planning and
Development Department for approval.
RECOMMENDED ACTION: Approval subject to the attached agreement
CITY OF ANNA, TEXAS
RESOLUTION NO.
RESOLUTION REGARDING THE APPROVAL OF A SPECIAL EVENT
PERMIT AND AUTHORITY TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF ANNA AND DADDY REX TWISTED BBQ FOR A SPECIAL
EVENT PERMIT TO SPONSOR A SUMMER NIGHT CONCERT SERIES
EVENT ON THURSDAY EVENINGS STARTING JUNE 5, 2014 THRU JULY
319 2014 ON INTERURMAN (4TH STREET TO ALLEY BETWEEN 4TH AND 5TH
STREET).
WHEREAS, the Daddy Rex Twisted BBQ has submitted a Special Event Permit
application to conduct a Summer Night Concert Series event on Thursdays June 5th _
July 3 1 " , 2014 on Interurban (4th Street to alley between 4th and 5th Street) and:
WHEREAS, according to Anna City Code of Ordinances, Part II, Article 47, the City
shall enter into a Special Event Agreement (the "Agreement) incorporating the terms
and conditions of said permit;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF AN A, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposed as if set forth in
full.
Section 2. The City Council hereby approves the Special Event Permit and
authorizes the City Manager to execute and sign the Special Event Agreement attached
hereto as Exhibit 1.
PASSED by the City Council of the City of Alma, Texas, on this 27th day of May, 2014
ATTEST: APPROVED:
Natha Willcison, City Secretary
Mayor, Milce Crist
AGREEMENT
This Agreement (this "Agreement") is made by and between the City of Anna, Texas ("City
Daddy Rex's Twisted Barbeque ("DRTB") and is entered into on this 27th day of May. 2014.
Section 1. Summary
Daddy Rex's Twisted Barbecue will be conducting a Summer Night Concert Series event on
Thursdays June 5°i — July 31, 2014 on Interurban Street (4fl' Street to alley between 0 and 5 h Street),
in accordance with the provisions of this Agreement.
Section 2. Definitions
Meanings. For purposes of this Agreement, the following meanings shall apply:
City shall mean the City of Anna, Texas.
DRIB shall mean Daddy Rex's Twisted Barbeque.
Section 3. General Requirements
The Summer Ni�ht Concert Series will be limited to Interurban Street (4"' Sheet to alley
between 4'�' and 5 Street.).
DRTB will provide to provide at a minimum an insurance policy of $1,000,000 naming the City as
an additional insured and a copy of the Certificate of Insurance will be submitted to City Hall one
week before the event start date.
DRTB will provide haffic cones acceptable to the Anna Police Department to block off Interurban
Street (4' Street to alley between and 5�' Sheet).
All building codes shall be adhered to.
Any violation of the terms and conditions of this Permit may result in the immediate revocation of
this Permit and the imposition of fines as allowed under Ord. No. 601-2012.
DRTB as the organizer of this Event, you and all invited guests are required to observe the Noise
Regulations outlined in Part II, Article 29, Section 1 (Noise Regulations) of the Anna City
Code of Ordinances.
DRIB as the organizer of this Event, you must be physically present on the Premises at all times
during the Event and at least 30 minutes before any alcoholic beverages are served or consumed and
at least 30 minutes after any alcoholic beverages are served or consumed.
Section 4. Licenses and Permits
The DRIB shall obtain and pay for any and all permits, licenses, disposal fees, or any other costs
required for the Summer Music Night events and to fulfill this Agreement.
The DRTB must comply with all federal and state laws, and local ordinances while organizing and
participating in the Summer Night Concert Series event.
Section 5. Independent Contractor Status/ Liability/Indemnity
It is expressly understood and agreed that the City has no right of contol, supervision, or direction
over any work performed by the DRTB relating in any way to the DRTB's undertaking, promoting,
operating, and performance of any other activity related to the Summer Music Night events including
but not limited to its employees or its subcontractors, nor does the City have any control, supervision
or direction of the means, methods, sequences, procedures, and techniques utilized to conduct the
Summer Music Night events. There shall be no joint control over the Summer Music Night events.
The DRTB agrees to fully defend, indemnify and hold harmless the City from any claim, proceeding,
cause of action, judgment, penalty, or any other cost or expense arising or growing out of, associated
or in connection with the Summer Music Night events. The indemnification includes, but is not
limited to, attorney fees incurred by the City in defending itself or in enforcing this Agreement. By
entering into this Agreement, DRTB waives all rights and remedies in law or in equity except to
seek enforcement of specific performance of the obligations under this Agreement. This provision is
not intended to and does not waive any of the City's governmental immunities, including immunity
from suit and liability. It is expressly understood and agreed that any participation in the presentation
of or conducting of the Summer Music Night events by any City Official or City employee is not
authorized by the City and shall not be authorized by the City, unless such authorization is by written
agreement, duly adopted by the City.
TIC DRTB's DUTIES TO DEFEND, INDENIlVII+'Y, AND HOLD E[��]E2iVII.E.SS THE CITY
EXPRESSLY APPLY EVEN IF A CLAIM, PROCEEDING, CAUSE OF ACTION,
JUDGMENT, PENALTY, OR ANY OTHER COST OR EXPENSE ARISING OR
GROWING OUT OF, OR ASSOCIATED IN ANY WAY WITH THE SUMMER NIGHT
CONCERT SERIES EVENTS IS CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR
IN PART BY THE NEGLIGENCE OF ANY CITY OFFICIAL OR EMPLOYEE. THE
OBLIGATIONS UNDER THIS SECTION 5 OF THIS AGREEMENT SHALL SURVIVE
ANY TERMINATION OF THIS AGREEMENT.
Section 6. Insurance
DRIB shall procure and maintain for the duration of the contact insurance to cover claims for
injuries to persons or damages to property, which may arise from or in conjunction with the
presentation of or conducting of the Summer Night Concert Series events or in any way related to the
DRTB's undettaldngs performed
In connection with the Summer Night Concert Series events, including but not limited to coverage
for DRTB, its agents, representatives, employees, subcontractors, volunteers, and other participants.
The form, coverage and limits of such insurance, together with the underwriter thereof in each case,
must be acceptable to the City and the Fire Marshal but regardless of such acceptance it shall be the
responsibility of the DRTB to maintain adequate insurance coverage at all times, and to require that
each contractor, vendor, or other participant in the Summer Night Concert Series events does
likewise. Failure of the DRTB to maintain adequate coverage shall not relieve the DRTB of any
contractual responsibility or obligation. Each policy shall name the City as an additional insured and
provide that there will be no alteration or modification which reduces coverage in any way prior to
30 days written notice being given to the City. A copy of each policy, or at the City's discretion, a
certificate of insurance, shall be filed by DRTB with the City Secretary. Proof of adequate coverage
must be provided to the City as soon as practicable after this Agreement becomes effective, and
DRTB is encouraged to discuss the limits and types of coverage that will be acceptable to the City
and Fire Marshal before submitting such proof to the City to reduce the potential that the City or
Fire Marshal rejects same as insufficient.
Section 7. Amendment
This Agreement may not be amended except pursuant to a written instrument s igned by both
parties.
Section 8. Notice
Notice as required by this Agreement shall be in writing delivered to the parties via U.S. certified
mail, return receipt requested, at the addresses listed below:
City of Anna
Philip Sanders, City Manager
City of Anna
111 N. Powell Parkway
Anna, Texas 75409
Daddy Rex's Twisted BBQ
Karen Ahrens
121 W Fourth Street
Anna, Texas 75409
Each party shall notify the other in writing within 10 days of any change in the information listed
in this section.
Section 9. No Waiver of Immunity; No Third -Party Beneficiaries
Nothing in this Agreement waives any governmental immunity available to the City under Texas
law. The provisions of this Agreement are solely for the benefit of the parties hereto and are not
intended to create or grant any rights, contractual or otherwise, to any other person or entity.
Section 10. Entire Agreement
This Agreement represents the entire and integrated Agreement between the City and DRTB and
supersedes all prior negotiations, representations and/or agreements, either written or oral with
respect to the Summer Night Concert Series events.
Section 11. Governing Law and Venue
This Agreement shall be governed by the laws of the State of Texas as to intetpretation and
performance. Any and all legal action necessary to enforce this Agreement shall be brought in a court
of competent jurisdiction in Collin County, Texas.
Section 12. Severability
The provisions of this Agreement are severable. In the event that any paragraph, section, subdivision,
sentence, clause, or phrase of this Agreement shall be found to be contrary to the law, or contrary to
any rule or regulation having the force and effect of the law, such decisions shall not affect the
remaining portions of this Agreement.
Section 13. Contract Interpretation
This Agreement is the result of negotiation between the parties, and shall, in the event of any dispute
over the meaning or application of any portion thereof, be interpreted fairly and reasonably, and not
to be more strictly construed against one party than another, regardless of which party originally
drafted the section in dispute.
Section 14. Force Majeure
If a party is prevented or delayed $•om performing any of its obligation hereunder due to a natural or
manmade event or condition not caused by such party and beyond such parry's reasonable control,
then such parry's performance of those obligations shall be suspended until such time as the event or
condition no longer prevents or delays performance. If any event or condition results in the creation
of amounts of refuse in excess of ordinary amounts, then the parties shall discuss, but shall not be
bound to conclude, terms and conditions for collection ofthose excess amounts.
Section 15. Assignment
It is understood and agreed that DRTB shall not assign, sublet, or tansfer any of the rights and duties
under the terms of this Agreement without the prior written approval of the City.
Section 16. Effective Date
This Agreement shall be effective upon the date first stated herein, and performance of such
Agreement shall begin as soon thereafter as practicable, or as specified herein.
SIGNATURES:
Daddy Rex's Twisted Barbeque
By:
Karen Ahrens, Part Owner
City of Anna, Texas
Philip Sanders, City Manager
w
Q
■
hr
Planning and Development Dept.
101 N. Powell Pkwy
Anna, TX 75409
97M24-3325
arioF.�vnti �cxu
.
�
APl'IICAN'T
INFORM�iTZON
r
Name:
Address:Applicant
State: '7y,
Zip
Code.City:
Date: 17) 1
*Note: Aj2j2lications
must
be filed
at least 30 days in advance
=' � . `.._, ACTIVITY INFtiRMATI�N
Reservation Time Block.
•- of .• of
PeopleEstimated Number of - .
Reservation • •
Food and/or Beverages- e on�site for the activity!
E Yes 0 No
Will Alcohol be served or sold9 9 Yes 0 No (if yes, include request
letter)
If yes, please indicate who the vendors are (food and dn'n1cs):
otherWill
Please identify all
I
'
Applicant agrees that this indemnity agreement is Intended to be as broad and
inclusive as is permitted by the laws of the state of Texas, and that if any portion is
held invalid, then it is agreed that the balance shall, notwithstanding, continue in full
legal force and effect.
I do solemnly swear-(oraffirm) •#hat•allt,�re answers•given-and statements made on this
application and supporting documents are full, true, and correct to the best of my
knowledge and beliefs. I have been given a copy of the Anna City Code ordinance Part II,
Article 47 and have read +e provisionp,contained therein and agree to abide by them.
Applicant Name:! J
Signat /(
Date: X �
Submittal Requirements:
1. Completed application with signatures and contact information.
2. Submit application fee ($50) and deposit ($300). (Ord. No. 4904008; Checks payable to the City
of Anna)
3. Map of Event area.
4. List of food and beverage vendors and/or copy of current license from vendor.
5. Statement of Intent to obtain Insurance and/or Proof of Insurance. (A copy of the Certificate
of Insurance is due a minimum of one week before event start date)
6. Letter of request if alcohol is desired.
For Office Use Only:
Date Application & Deposit Received $300 :
Date Application Fee Received $50
Received By:
Received by:
Cash or Check #
Cash or Check #
Receipt #:
Receipt #:
Required Documents Recd.
❑ Completed Application ❑ Insurance ❑
Food Vendor List ❑ Sound System ❑ Map
❑ Alcohol Request (optional)
❑ Other.
❑ Other.
❑ Approved by:
❑Permit Issued Date.
Assign Date of Parks Board Review of Application.
(put date in blank) and notify Applicant.
D
.
Block Party Application
City of Anna
101 N. Powell Pkwy PO Box 776 Anna TX 75409
972-924-3325 fax 972-924-2620
Name of Party holder:
GF
Contacts #s for the party (At least three):
1)
3) S
Party Location (Address):
Date(s):
Times) i
M 10WnNo<
_. K G4 CQ/\
Will there be any streets blocked off for the party? YES NO
If so, which street(s) and what hundred blocks)?(example 100 200 300 block).
11 r I\%Ik J�. .
If you are going to be blocking off a street, it must be a street that has AT
LEAST 2 (preferably more) entrances and exits. You may ONLY block the
street off with an object that is EASILY moveable, such as road cones.
Objects that are prohibited are vehicles, ropes, barricades etc.
Will there be outdoor music entertainment? YES NO
If you are going to have outdoor entertainment there is a City and State
Noise Ordinance. The City Noise Ordinance # 87-2003 states that outdoor
music shall not be heard 50 ft or more away from the party location. This
Ordinance also states that they should NOT be any vulgar or foul language
that might offend anyone in your neighborhood.
Print Name: f.¢ n A � (�AS
Signature:
Date:
z� SG�y
,
sl
l
Council Meeting: May 27, 2014
Account Code #: N/A
Budgeted Amo>_mt: N/A
Item No. 10
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanke
Date Prepared: OS/21/14_
Exhibits: ■Yes � No
AGENDA SUBJECT: Consider/Discuss Action regarding a special event application
submitted by Karen Ahrens, owner Daddy Rex's Twisted Barbeque concerning the
request to have a "Community Festival & Ice Cream Crank -Off 'to be held on Saturday,
June 14th, 2014 from 6:00 a.m. to 6#00 p.m. located on Interurban Street Between 2nd
Street and 4th Street,
SUMMARY: The City has received a special event application for a request to have a
Community Festival & Ice Cream Crank -Off to be held on Saturday, June 14, 2014
located on Interurban Street (2nd Street to 4th Street). A "Block Street" application has
also been submitted for this event requesting to close off Interurban Street (2nd Street to
4th Street) that application has been submitted to the Anna Police Department/Planning &
Development Department for approval.
RECOMMENDED ACTION: Approval subject to the attached agreement
CITY OF ANNA, TEXAS
RESOLUTION NO.
RESOLUTION
REGARDING
THE APPROVAL
OF A SPECIAL EVENT
PERMIT AND
AUTHORITY
TO EXECUTE AN
AGREEMENT BETWEEN
THE CITY OF ANNA AND DADDY REX TWISTED BBQ FOR A SPECIAL
EVENT PERMIT TO SPONSOR A COMMUNITY FESTIVAL & CRANK -OFF
EVENT ON SATURDAY, JUNE 14, 2014 ON INTERURBAN (2ND STREET TO
4TH STREET).
WHEREAS, the Daddy Rex Twisted BBQ has submitted a Special Event Permit
application to conduct a Community Festival & Crank -Off event on Saturday, June 14,
2014 on Saturdays June 14th, 2014 on Interurban (2" d Street to 4th Street) and:
WHEREAS, according to Anna City Code of Ordinances, Part II, Article 47, the City
shall enter into a Special Event Agreement (the "Agreement) incorporating the terms
and conditions of said permit;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposed as if set forth in
full.
Section 2. The City Council hereby approves the Special Event Permit and
authorizes the City Manager to execute and sign the Special Event Agreement attached
hereto as Exhibit 1.
PASSED by the City Council of the City of Anna, Texas, on this 27th day of May, 2014
ATTEST: APPROVED:
Natha Wilkison, City Secretary
Mayor, Mike Crist
AGREEMENT
This Agreement (this "Agreement") is made by and between the City of Anna, Texas ("City"),
Daddy Rex's Twisted Barbeque ("DRTB") and is entered into on this 27th day of May. 2014.
Section 1. Summary
Daddy Rex's Twisted Barbecue will be conducting a Community Festival & Crank Off event on
Saturday, June 14, 2014 on hnterurban Street (2' Street to 4h Street), in accordance with the
provisions of this Agreement.
Section 2. Definitions
Meanings. For purposes of this Agreement, the following meanings shall apply:
City shall mean the City of Anna, Texas.
DRTB shall mean Daddy Rex's Twisted Barbeque.
Section 3. General Requirements
The Summer Night Concert Series will be limited to Interurban Street (2"d Street to 4�' Street.).
DRIB will provide to provide at a minimum an insurance policy of $1,000,000 naming the City as
an additional insured and a copy of the Certificate of Insurance will be submitted to City Hall one
week before the event start date.
DRTB will provide traffic cones acceptable to the Anna Police Department to block off Interurban
Sheet (2'u Street to 4Street).
A11 building codes shall be adhered to.
Any violation of the terms and conditions of this Permit may result in the immediate revocation of
this Permit and the imposition of fines as allowed under Ord. No. 601-2012.
DRTB as the organizer of this Event, you and all invited guests are required to observe the Noise
Regulations outlined in Fait Il, Article 29, Section 1 (Noise Regulations) of the Amza City
Code of Ordinances.
Section 4. Licenses and Permits
The DRTB shall obtain and pay for any and all permits, licenses, disposal fees, or any other costs
required for• the Summer Music Night events and to fiilfill this Agreement.
The DRTB must comply with all federal and state laws, and local ordinances while organizing and
participating in the Community Festival &Ice Cream Cranlc Offevent.
Section 5. Independent Contractor Status/ Liability/Indemnity
It is expressly understood and agreed that the City has no right of control, supervision, or direction
over any work performed by the DRTB relating in any way to the DRTB's undertaking, promoting,
operating, and performance of any other activity related to the Summer Music Night events including
but not limited to its employees or its subcontractors, nor does the City have any control, supervision
or direction of the means, methods, sequences, procedures, and techniques utilized to conduct the
Summer Music Night events. There shall be no joint control over the Summer Music Night events.
The DRTB agrees to fully defend, indemnify and hold harmless the City fiom any claim, proceeding,
cause of action, judgment, penalty, or any other cost or expense arising or growing out of, associated
or in connection with the Summer Music Night events. The indemnification includes, but is not
limited to, attorney fees incurred by the City in defending itself or in enforcing this Agreement. By
entering into this Agreement, DRTB waives all rights and remedies in law or in equity except to
seek enforcement of specific performance of the obligations under this Agreement. This provision is
not intended to and does not waive any of the City's governmental immunities, including immunity
from suit and liability. It is expressly understood and agreed that any participation in the presentation
of or conducting of the Summer Music Night events by any City Official or City employee is not
authorized by the City and shall not be authorized by the City, unless such authorization is by written
agreement, duly adopted by the City.
THE DRTB's DIJ'I�S TO DEFEND, INDEMNIFY, AND HOLD HA>EtMLFSS THE CITY
EXPRESSLY APPLY EVEN IF A CLAIM, PROCEEDING, CAUSE OF ACTION,
JUDGMENT, PENALTY, OR ANY OTHER COST OR EXPENSE ARISING OR
GROWING OUT OF, OR ASSOCIATED IN ANY WAY WITH THE SUMMER NIGHT
CONCERT SERIFS EVENTS IS CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR
N PART BY THE NEGLIGENCE OF ANY CTTY OFFICIAL OR EMPLOYEE. THE
OBLIGATIONS UNDER THIS SECTION 5 OF THIS AGREEMENT SHALL SURVIVE
ANY TERMINATION OF THIS AGREEMENT.
Section 6. Insurance
DRTB shall procure and maintain for the duration of the conhact insurance to cover claims for
uries to persons or damages to property, which may arise fiom or in conjunction with the
presentation of or conducting of the Community Festival & Ice Cream Crank -Off event or in any
way related to the DRTB's undettaldngs performed
In connection with the Community Festival &Ice Cream Crank -Off event, including but not limited
to coverage for DRIB, its agents, representatives, employees, subcontractors, volunteers, and other
participants. The form, coverage and limits of such insurance, together with the underwriter thereof
in each case, must be acceptable to the City and the Fire Marshal but regardless of such acceptance it
shall be the responsibility of the DRTB to maintain adequate insurance coverage at all times, and to
require that each contractor, vendor, or other participant in the Community Festival & Ice Crearn
Crank -Off event does likewise. Failure of the DRTB to maintain adequate coverage shall not relieve
the DRTB of any contractual responsibility or obligation. Each policy shall name the City as an
additional insured and provide that there will be no alteration or modification which reduces
coverage in any way prior to 30 days written notice being given to the City. A copy of each policy,
or at the City's discretion, a certificate of insurance, shall be filed by DRTB with the City Secretary.
Proof of adequate coverage must be provided to the City as soon as practicable after this Agreement
becomes effective, and DRTB is encouraged to discuss the limits and types of coverage that will be
acceptable to the City and Fire Marshal before submitting such proof to the City to reduce the
potential that the City or Fire Marshal rejects same as insufficient.
Section 7. Amendment
This Agreement may not be amended except pursuant to a written inshument signed by both
parties.
Section 8. Notice
Notice as required by this Agreement shall be in writing delivered to the parties via U.S. certified
mail, return receipt requested, at the addresses listed below:
City of Anna
Philip Sanders, City Manager
City of Anna
111 N. Powell Parkway
Anna, Texas 75409
Daddy Rex's Twisted BBQ
Karen Ahrens
121 W Fourth Street
Anna, Texas 75409
Each parry shall notify the other in writing within 10 days of any change in the information listed
in this section.
Section 9. No Waiver of Immunity; No Third -Party Beneficiaries
Nothing in this Agreement waives any governmental immunity available to the City under Texas
law. The provisions of this Agreement are solely for the benefit of the parties hereto and are not
intended to create or grant any rights, contractual or otherwise, to any other person or entity.
Section 10. Entire Agreement
This Agreement represents the entire and integrated Agreement between the City and DRIB and
supersedes all prior negotiations, representations and/or agreements, either written or oral with
respect to the Summer Night Conceit Series events.
Section 11. Governing Law and Venue
This Agreement shall be governed by the laws of the State of Texas as to interpretation and
per%rmance. Any and all legal action necessary to enforce this Agreement shall be brought in a court
of competent jurisdiction in Collin County, Texas.
Section 12. Severability
The provisions of this Agreement are severable. In the event that any paragraph, section, subdivision,
sentence, clause, or phrase of this Agreement shall be found to be contrary to the law, or conhary to
any rule or regulation having the force and effect of the law, such decisions shall not affect the
remaining portions of this Agreement.
Section 13, Contract Interpretation
This Agreement is the result of negotiation between the parties, and shall, in the event of any dispute
over the meaning or application of any portion thereof, be interpreted fairly and reasonably, and not
to be more strictly construed against one patty than another, regardless of which patty originally
drafted the section in dispute.
Section 14. Force Majeure
If a party is prevented or delayed from performing any of its obligation hereunder due to a natural or
manmade event or condition not caused by such party and beyond such patty's reasonable control,
then such patty's performance of those obligations shall be suspended until such time as the event or
condition no longer prevents or delays performance. If any event or condition results in the creation
of amounts of refuse in excess of ordinary amounts, then the parties shall discuss, but shall not be
bound to conclude, terms and conditions for collection of those excess amounts.
Section 15. Assignment
It is understood and agreed that DRTB shall not assign, sublet, or transfer any of the rights and duties
under the terms of this Agreement without the prior written approval of the City.
Section 16. Effective Date
This Agreement shall be effective upon the date first stated herein, and performance of such
Agreement shall begin as soon thereafter as practicable, or as specified herein.
SIGNATURES:
Daddy Rex's Twisted Bat�eque
By:
Karen Ahrens, Patt Owner
City of Anna, Texas
Philip Sanders, City Manager
w
T
0
FOURTH STREET
STREET
_1 I
PECIAL EVENT PERMIT APPLICATIO
:liY OFANNti1FXA5
Planning and Development Dept.
101 N. Powell Pkwy
Amia, TX 75409
972-924w3325
Type of Event: ❑Carnival ❑Circus
C1Pestival ❑Parade ❑Tent ❑Other
A licant Name•
Address: 0,5
Cityl1 nn
State: Zip Code: 7,5s Get
Phone#: al .q _
Email Gc e .e,c6 y .
&4poN1
Date: 1171 " *Note:.Applications
must be filed at least 30 da sin advance.
,.. .:-;�...APPi.i�ATlt1N t � �'�.1tiI�-_.111�P-Q,SIT—:�'?�F:U�1�-i�•i�'(1�131���1«�
Application Fee $50 ►• •
Deposit li (refundable)
E tame Information As Abovenot
• two
DepositIssue • To.
Address,•
!' 1
Date s) of Activi j I
Reservation Time BIock.
T e of Activity (explain purpose of activity):
Estimated Number of People Attending Activity:.___
Reservation Location: --r—�
Will Food and/or Beverages be on -site for the activity? WYes ❑ No
Will Alcohol be served or sold? ❑ Yes GMo (if Yes, include request letter
If yes, please indicate who the vendors are (food and drinks):
Please identify all other activities & structures (bounce house, tents, music, sports, games, etc):
U!1 t�2Ce.
Appiicant agrees that this indemnity agreement is intended to be as broad and
inclusive as is permitted by the laws of the state of Texas, and that if any portion Is
held Invalid, then it is agreed that the balance shall, notwithstanding, continue in full
legal force and effect,
I do solemnly swear (or affirm) that all the answers given and statements made on this
application and supporting documents are full, tri In, and correct to the best of my
knowledge and beliefs. I havigbeen given a co y f the Anna City Code ordinance Part II,
Article 47 and have read th,esfipv1sions contal edb ir"nd agree to abide by them.
Applicant 1
Signature:
Date: f
IIII�Ir�����r���I�r♦��
bmittal Requirements:
�. Completed application with signatures and contact information.
2. Submit application fee ($50) and deposit ($300). (Ord. hlo. 410-2008; Checks payable to the City
of Anna)
3 Map of Event: area.
4. List of food and beverage vendors and/or copy of current license from vendor.
5. Statement of Intent to obtain Insurance and/or Proof of Insurance. ( A copy of the Certificate
of Insurance is due a minimum of one week before event start date)
6. Letter of request if alcohol is desired.
For'Office Use Only:
Date Application & Deposit Received $300
: Date Application Fee Received $50 : ;;
Received By:
Received By:
Cash or Check #
Cash or Check #
Receipt #:
Receipt #:
Required Documents Rec'd:
❑ Completed Application d Insurance
D Food Vendor List ❑ Sound System ❑ Map
D Alcohol Request (optional)
Ci Other:
O Other:
❑ Approved by:
❑Permit Issued Date:
Assign Date of Parks Board Review of Applications
(put date in blank) and notify Applicant.
Sheet .Block Party/or Event .Application
City of Anna 045
- , li`` �f
101 N. Powell P1nvy PO Box M Anna. TX 75409 F/ " ( /
972-924-3325 fax 972M4-2620
Applicant Name:
Address:
Phone#: o " t
Adclitional Contacts and Phone Numbers (At least three):
Location (Address):
Time(s):
Type of Event:
Will there be any streets blocked off for
NO
I%__ which ctrPett i w h�.rncil��h � / ✓
If you are going to be blocking off a street, it must be a street that has AT
LEAST 2 (preferably more) entrances and exits. You may ONLY block the, 7
street off with an object that is EASILY moveable, such as road cones. Objects `
that are prohibited are vehicles, ropes, barricades etc. (� �'cy >`�r
Will there be outdoor music entertainment? YES NJtL
If you are going to have outdoor entertainment there is a Co and St No1se
.c�
ty N
Ordinance. The City Noise Ordinance # 87-2003 states that outdoor music shall
not be heard 50 ft or more away from the party location. This Ordinance also
states that they should NOT be any vulgar or foul language that might offend
Council Meeting: May 27I 2014
Account Code #: N/A
Budgeted Amount:.
Item No. 11
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Maurice Schwanke
Date Prepared: OS/21/14_
Exhibits: ■Yes ❑ No
AGENDA SUBJECT: Consider/Discuss Action regarding the special event application
by Sara Cox, representative for the Greater Anna Chamber of Commerce regarding the
request for the "July 4th Fire Works Show" at the Anna Athletic Stadium/Middle School
on July 4, 2014. Bottle water and snow cones will be sold at this event.
SUMMARY: The City has received a special event permit application fora 4th of July
Fireworks display to be held at the football stadium at the Anna Middle School facility on
North Powell Parkway. GACC is working with the Anna Fire Department and Anna
Police Department in regard to public safety, and the directing of traffic and pedestrians
in and around the Anna Middle School and Slayter Creek Park. The fireworks display
will be performed by the same company as last year. Insurances will need to be
provided before the date of the event.
RECOMMENDED ACTION: Approval subject to the attached agreement
CITY OF ANNA, TEXAS
RESOLUTION NO.
RESOLUTION REGARDING THE APPROVAL OF A SPECIAL EVENT
PERMIT AND AUTHORITY TO EXECUTE AN AGREEMENT BETWEEN THE
CITY OF ANNA AND THE GREATER ANNA CHAMBER OF COMMERCE FOR
4t" of JULY FIREWORK DISPLAY AT ANNA MIDDLE SCHOOL FOOTBALL
STADIUM
WHEREAS, the Greater Anna Chamber of Commerce (the "GACC") has
submitted a Special Event Permit application to conduct a 4T" of July Fireworks
Display on Thursday, July 4th; and
WHEREAS, according to Anna City Code of Ordinances, Part II, Article 47, the
City shall enter into a Special Event Agreement (the "Agreement) incorporating
the terms and conditions of said permit;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth
in full.
Section 2. The City Council hereby approves the Special Event Permit and
authorizes the City Manager to execute and sign the Special Event Agreement
attached hereto as Exhibit 1.
PASSED by the City Council of the City of Anna, Texas, on this 27th day of May,
2014.
ATTEST:
Natha Wilkison, City Secretary
APPROVED:
Mayor, Mike Crist
This Agreement (the "Agreement") is made by and between the City of Anna,
Texas ("City"), and the Greater Anna Chamber of Commerce ("GACC") and is
entered into on this 27th day of May, 2014.
Section 1. Summary
A Fireworks Display to be held inside the City's corporate limits at the Anna
Addle School Football Field on July 4th 2014, in accordance with the provisi Mions
of this Agreement.
Section 2. Definitions
Meanings. For purposes of this Agreement, the following meanings shall apply:
City shall mean the City of Anna, Texas.
GACC shall mean the Greater Anna Chamber of Commerce, Incorporated.
Fireworks Display shall mean a pyrotechnics display —properly and timely
permitted by the Fire Marshal under The Anna City Code Part II, Article 21,
Section 4.04 (or other applicable provisions) —to be held inside the City's
corporate limits on July 4, 2014 for the purpose of public entertainment and for
the purposes stated in the resolution adopted by the City approving of this
Agreement.
Section 3. General Requirements
The Fireworks Display must be held within the City's corporate limits at a location
approved by the Fire Marshal.
The Fireworks Display must be open to the public without any charge.
In written advertisements publicizing the Fireworks Display, the GACC will
include the following language: "This Fireworks Display is specially permitted
under the Anna City Code Part II, Article 21, Section 4.04. Possession of or use
of fireworks within City limits and within 5,000 feet of City limits without a written
permit granted by the Fire Marshal is a violation of law carrying fines for
violations of up to $2,000.11
Section 4. Licenses and Permits
The GACC shall obtain and pay for any and all permits, licenses, disposal fees, or
any other costs required for the Fireworks Display and to fulfill this Agreement.
The GACC must comply with all federal and state laws, and local ordinances while
organizing and participating in the Fireworks Display.
Section 5. Independent Contractor Status/ Liability/ Indemnity
It is expressly understood and agreed that the City has no right of control,
supervision, or direction over any work performed by the GACC relating in any
way to the GACC's undertaking, promoting, operating, and performance of any
other activity related to the Fireworks Display including but not limited to its
employees or its subcontractors, nor does the City have any control, supervision
or direction of the means, methods, sequences, procedures, and techniques
utilized to conduct the Fireworks Display. There shall be no joint control over the
Fireworks Display. The GACC agrees to fully defend, indemnify and hold
harmless the City from any claim, proceeding, cause of action, judgment,
penalty, or any other cost or expense arising or growing out of, associated or in
connection with the Fireworks Display. The indemnification includes, but is not
limited to, attorney fees incurred by the City in defending itself or in enforcing this
Agreement. By entering into this Agreement, GACC waives all rights and
remedies in law or in equity except to seek enforcement of specific performance
of the obligations under this Agreement. This provision is not intended to and
does not waive any of the City's governmental immunities, including immunity
from suit and liability. It is expressly understood and agreed that any participation
in the presentation of or conducting of the Fireworks Display by any City Official
or City employee is not authorized by the City and shall not be authorized by the
City, unless such authorization is by written agreement, duly adopted by the City.
THE GACC's DUTIES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS
THE CITY EXPRESSLY APPLY EVEN IF A CLAIM, PROCEEDING, CAUSE
OF ACTION, JUDGMENT, PENALTY, OR ANY OTHER COST OR EXPENSE
ARISING OR GROWING OUT OF, OR ASSOCIATED IN ANY WAY WITH THE
FIREWORKS DISPLAY IS CAUSED OR ALLEGED TO BE CAUSED IN
WHOLE OR IN PART BY THE NEGLIGENCE OF ANY CITY OFFICIAL OR
EMPLOYEE, THE OBLIGATIONS UNDER THIS SECTION 5 OF THIS
AGREEMENT SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Section 6. Insurance
GACC shall procure and maintain for the duration of the contract insurance to
cover claims for injuries to persons or damages to property, which may arise
from or in conjunction with the presentation of or conducting of the Fireworks
Display or in any way related to the GACC's undertakings performed in
connection with the Fireworks Display, including but not limited to coverage for
GACC, its agents, representatives, employees, subcontractors, volunteers, and
other participants. The form, coverage and limits of such insurance, together with
the underwriter thereof in each case, must be acceptable to the City and the Fire
Marshal but regardless of such acceptance it shall be the responsibility of the
GACC to maintain adequate insurance coverage at all times, and to require that
each contractor, vendor, or other participant in the Fireworks Display does
likewise. Failure of the GACC to maintain adequate coverage shall not relieve the
GACC of any contractual responsibility or obligation. Each policy shall name the
City as an additional insured and provide that there will be no alteration or
modification which reduces coverage in any way prior to 30 days written notice
being given to the City. A copy of each policy, or at the City's discretion, a
certificate of insurance, shall be filed by GACC with the City Secretary. Proof of
adequate coverage must be provided to the City as soon as practicable after this
Agreement becomes effective, and GACC is encouraged to discuss the limits
and types of coverage that will be acceptable to the City and Fire Marshal before
submitting such proof to the City to reduce the potential that the City or Fire
Marshal rejects same as insufficient.
Section 7. Amendment
This Agreement may not be amended except pursuant to a written instrument
signed by both parties.
Section 8. Notice
Notice as required by this Agreement shall be in writing delivered to the parties
via U.S. certified mail, return receipt requested, at the addresses listed below:
City of Anna
Philip Sanders, City Manager
City of Anna
111 N. Powell Parkway
Anna, Texas 75409
GACC
Sara Cox, GACC President
P.O. Box 1256
807 South Interurban Street
Anna, Texas 75409
Each party shall notify the other in writing within 10 days of any change in the
information listed in this section.
Section 9. No Waiver of Immunity; No Third -Party Beneficiaries
Nothing in this Agreement waives any governmental immunity available to the
City under Texas law. The provisions of this Agreement are solely for the benefit
of the parties hereto and are not intended to create or grant any rights,
contractual or otherwise, to any other person or entity.
Section 10. Entire Agreement
This Agreement represents the entire and integrated Agreement between the
City and GACC and supersedes all prior negotiations, representations and/or
agreements, either written or oral with respect to the Fireworks Display,
Section 11. Governing Law and Venue
This Agreement shall be governed by the laws of the State of Texas as to
interpretation and performance. Any and all legal action necessary to enforce this
Agreement shall be brought in a court of competent jurisdiction in Collin County,
Texas.
Section 12. Severability
The provisions of this Agreement are severable. In the event that any paragraph,
section, subdivision, sentence, clause, or phrase of this Agreement shall be
found to be contrary to the law, or contrary to any rule or regulation having the
force and effect of the law, such decisions shall not affect the remaining portions
of this Agreement.
Section 13. Contract Interpretation
This Agreement is the result of negotiation between the parties, and shall, in the
event of any dispute over the meaning or application of any portion thereof, be
interpreted fairly and reasonably, and not to be more strictly construed against
one party than another, regardless of which party originally drafted the section in
dispute.
Section 14. Force Majeure
If a party is prevented or delayed from performing any of its obligation hereunder
due to a natural or manmade event or condition not caused by such party and
beyond such party's reasonable control, then such party's performance of those
obligations shall be suspended until such time as the event or condition no longer
prevents or delays performance. If any event or condition results in the creation
of amounts of refuse in excess of ordinary amounts, then the parties shall
discuss, but shall not be bound to conclude, terms and conditions for collection of
those excess amounts.
Section 15. Assignment
It is understood and agreed that GACC shall not assign, sublet, or transfer any of
the rights and duties under the terms of this Agreement without the prior written
approval of the City.
Section 16. Effective Date
This Agreement shall be effective upon the date first stated herein, and
performance of such Agreement shall begin as soon thereafter as practicable, or
as specified herein.
SIGNATURES:
Greater Anna Chamber of Commerce,
Incorporated
By:
Sara Cox, its President
City of Anna, Texas
Philip Sanders, City Manager
i
Planning and Development Dept.
101 N. Powell Pkwy
Anna, TX 75409
972-924-3325
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Address*
States TX
Zip
CodesCity:
D. • .
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Reservation: •
Type of . • . • of
Estimated Numberof Peoplei
ReservatiOA • •
Will ...and/or.. .
LYes ■ No 07
Alcohol be served or sold') 0 Yes
E! Ro Af yes, include reques letter)
vendorsWill
If yes, please indicate who the
(food . . .ri
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other,Please identify al
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Applicant agrees that this indemnity agreement is intended to be as broad and
inclusive as is permitted by the laws of the state of Texas, and that if any portion is
held invalid, then it is agreed that the balance shall, notwithstanding, continue in full
legal force and effect.
I do solemnly swear (or affirm) that all the answers given and statements made on this
application and supporting documents are full, true, and correct to the best of my
knowledge and beliefs. I have been given a copy of the Anna City Code ordinance Part Il,
Article 47 and have read the provisions captained therein and agree to abide by them.
Applicant
Signatu
Submittal Requirements:
1. Completed application with signatures and contact information.
2. Submit application fee ($50) and deposit ($300). (Ord. No. 410-2008; Checks payable to the City
of Anna) ,- r
3. Map of Event area.- Ja/70VA .( 6del"
4. List of food and beverage vendors and/or copy of current license from vendor.
5. Statement of Intent to obtain Insurance and/or Proof of Insurance. ( A copy of the Certificate
of Insurance is due a minimum of one week before event start date)
6. Letter of request if alcohol is desired.
For Office Use Only:
Date Application & Deposit Received $300
: Date Application Fee Received $50
Received By:
Received By:
Cash or Check #
Cash or Check #
Receipt #:
Receipt #:
Required Documents Rec'd:
❑ Completed Application ❑ Insurance
❑ Food Vendor List ❑ Sound System ❑ Map
❑ Alcohol Request (optional)
❑ Other:
❑ Other.
❑ Approved by:
[]Permit Issued Date:
Assign Date of Parks Board Review of Application:
(put date in blank) and notify Applicant.
Y{OU7i} HOTItETOW N
Council Meeting: May 27, 2014
Account Code #
Amount:
Item No. 12
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: City Manama
Exhibits: X Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving a Subdivision
Improvement Agreement for West Crossing, Phase 4.
SUMMARY: Article 4, Section 5.02(e) of the City's Subdivision Ordinance provides that a
developer, in lieu of payment of the required park development fees ($750 per lot), shall have the
option to construct certain park amenities and improvements. Bloomfield Homes has offered to
construct improvements to the Slayter Creek Park trail head areas on the north and south sides of
Hackberry Drive in connection with the construction of West Crossing, Phase 4. The
improvements includes ten parking spaces just north of Hackberry Drive off Bamborough Drive,
and park benches, trees, sod and underground irrigation on the south side of Hackberry. The
attached Agreement would off -set future park development fees owed by Bloomfield Homes up
to an amount equal to the cost of the park improvements ($24,450).
RECOMMENDATION: Staff recommends approval of the attached Resolution and
Agreement.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS RESOLUTION APPROVING A
SUBDIVISION IMPROVEMENT AGREEMENT FOR WEST CROSSING, PHASE 4
WHEREAS, the City of Anna, Texas (the y") and Bloomfield Homes, L.P.
desire to enter into a Subdivision Improvement Agreement for West Crossing, Phase 4
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 Subdivision Improvement Agreement 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.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 27cn
day of May, 2014.
APPROVED:
Mike Crist, Mayor
ATTEST:
Natha Wilkison, City Secretary
CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1
SUBDIVISION IMPROVEMENT AGREEMENT
WEST CROSSING, PHASE 4
This Subdivision Improvement Agreement (this "Agreement") is entered into between the City
of Anna, Texas, a home -rule municipality (the "City") and Bloomfield Homes L.P., a Texas
limited partnership, (the "Owner"), for the purposes and consideration stated below. The term
"Owner" includes all owners of the Property, and each of the owners of the Property are jointly
anA 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," or, each individually, as "Party", and
WHEREAS, it is the Parties' mutual intent that this Agreement shall govern only the subject
matter specifically set forth herein and shall supersede any previous agreement between the
Parties and City Regulations only to the extent that any such agreements or City Regulations
directly conflict with the terms of this Agreement; and
WHEREAS, Owner owns and desires to develop a parcel or parcels of real property (the
"Property") in Collin County, Texas, which is composed of approximately 14.14 acres of land
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, Owner acknowledges that the obligations undertaken under this Agreement are
primarily for the benefit of the Property; and,
WHEREAS, Owner understands and acknowledges that acceptance of this Agreement is not an
exaction or a concession demanded by the City but rather is an undertaking of Owner's
voluntary design to ensure consistency, quality, and adequate infrastructure that will benefit
Owner's development of the Property;
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 Owner and
the City.
SECTION 2 DEFINITIONS
City Code means The Anna City Code of Ordinances.
City Regulations mean City Code provisions, ordinances, design standards, uniform codes, and
other policies duly adopted by the City.
SUBDIVISION IMPROVEMENT AGREEMENT Page 1 1
Development means the new residential development on the Property that is the subject of
this Agreement.
Park Development Fees means fees charged by the City to a developer or builder for the
general purpose of funding the construction of park facilities as described in Part III -A, Article 4,
Section 5.03 (d), of the City Code.
Public Improvements) means the Parl< Facilities.
Parl< Facilities means the park facilities to be constructed by Owner as described and depicted
in Exhibit B, attached hereto, and in accordance with design/construction plans to be approved
by the City.
SECTION 3 GENERAL PROVISIONS
(a) Maintenance Bond, or Other Security. The Owner shall be responsible for and shall
guarantee the costs of any repairs which may become necessary to any part of the work
performed in connection with the Park Facilities, arising from defective workmanship or
materials used therein, for a full period of two years from the date of final acceptance of
the Park Facilities. For each paving construction contract for any part of the Park Facilities,
Owner or Owner's contractor must execute a Maintenance Bond in accordance with
applicable City Regulations that guarantee the costs of any repairs which may become
necessary to any part of the paving construction work performed in connection with the
Park Facilities, arising from defective workmanship or materials used therein, for a full
period of two years from the date of final acceptance of the Park Facilities constructed
under such contract.
(b) Acceptance of Public Improvements and Withholding of Services. It shall not be a breach or
violation of the Agreement if the City withholds City services of any type that it is obligated
to provide under this Agreement or otherwise obligated to provide until the required Park
Facilities are properly constructed according to the approved engineering plans and City
Regulations, and until such Park Facilities are dedicated to and accepted by the City. From
and after the inspection and acceptance by the City of the Park Facilities, such
improvements and dedications shall be owned and maintained (subject to the maintenance
bond requirement) by the City. Owner's sole remedy for nonperformance of this
Agreement 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 Owner or any other person.
(c) Approval of Plats/Plans. Approval by the City, the City's Engineer or other City employee or
representative, of any plans, designs or specifications submitted by Owner pursuant to this
Agreement or pursuant to City Regulations shall not constitute or be deemed to be a
SUBDIVISION IMPROVEMENT AGREEMENT Page 12
release of the responsibility and liability of Owner, his engineer, employees, officers or
agents for the accuracy and competency of their design and specifications. Further, any
such approvals shall not be deemed to be an assumption of such responsibility and liability
by the City for any defect in the design and specifications prepared by Owner's engineer, his
officers, agents, servants or employees, it being the intent of the parties that approval by
the City's engineer signifies the City's approval on only the general design concept of the
improvements to be constructed.
(d) Insurance. Owner or its contractors) shall acquire and maintain, during the period of time
when any of the Public Improvements are under construction (and until the full and final
completion of the Public Improvements and acceptance thereof by the City: (a) workers
compensation insurance in the amount required by law; and (b) commercial general liability
insurance including personal injury liability, premises operations liability, and contractual
liability, covering, but not limited to, the liability assumed under any indemnification
provisions of this Agreement, with limits of liability for bodily injury, death and property
damage of not less than $1,000,000.00, whichever is greater. Coverage must be on an "per
occurrence" basis. Such insurance shall also cover any and all claims which might arise out
of the Public Improvement construction contracts, whether by Owner, a contractor,
subcontractor, material man, or otherwise. All such insurance shall: (i) be issued by a carrier
which is rated "A-1" or better by A.M. Best's Key Rating Guide and licensed to do business in
the State of Texas; and (ii) name the City as an additional insured and contain a waiver of
subrogation endorsement in favor of the City. Upon the execution of Public Improvement
construction contracts, Owner shall provide to the City certificates of insurance evidencing
such insurance coverage together with the declaration of such policies, along with the
endorsement naming the City as an additional insured. Each such policy shall provide that,
at least 30 days prior to the cancellation, non -renewal or modification of the same, the City
shall receive written notice of such cancellation, non -renewal or modification.
(e) Indemnification and Hold Harmless. OWNER COVENANTS AND AGREES TO INDEMNIFY AND
DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICIALS,
OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS
OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING BUT
NOT LIMITED TO DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR
CHARACTER, WHETHER REAL OR ASSERTED (INCLUDING, WITHOUT LIMITATION,
REASONABLE FEES AND EXPENSES OF ATTORNEYS, EXPERT WITNESSES AND OTHER
CONSULTANTS) ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE
NEGLIGENT OR OTHERWISE WRONGFUL ACTS OR OMISSIONS OF OWNER, ITS AGENTS,
SERVANTS, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN OR EMPLOYEES IN
CONNECTION WITH THE DESIGN, CONSTRUCTION OR INSTALLATION OF THE PUBLIC
IMPROVEMENTS, INCLUDING BUT NOT LIMITED TO INJURY OR DAMAGE TO CITY PROPERTY,
SUCH INDEMNITY SHALL SURVIVE THE TERM OF THIS AGREEMENT. THE OWNER FURTHER
COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY
AGAINST ANY AND ALL CLAIMS OR SUITS, BY ANY PERSON CLAIMING AN OWNERSHIP
INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THIS AGREEMENT TO THE EXTENT SUCH
SUBDIVISION IMPROVEMENT AGREEMENT Page 13
CLAIMS OR SUITS: (1) ARISE IN ANY WAY FROM THE CITY'S RELIANCE ON OWNER'S
REPRESENTATIONS IN THIS AGREEMENT; OR (2) RELATE IN ANY MANNER OR ARISE IN
CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH OWNERSHIP OF THE
PROPERTY OR ASSIGNMENT OF THE FACILITIES AGREEMENT.
(f) Relationship of Parties. At no time shall the city have any control over or charge of the
Owner's design, construction or installation of any of the Public Improvements that are the
subject of this agreement, nor the means, methods, techniques, sequences or procedures
utilized for said design, construction or installation. There is no joint enterprise between the
City and Owner.
SECTION 4 PARK FACILITIES
(a) Owner Obligations. Within two (2) years of the Effective Date, Owner agrees to complete in
a good and workmanlike manner construction of the Park Facilities. If Owner fails to fully
complete construction of the Park Facilities in said manner within two years of the Effective
Date of this Agreement, then the City's obligations under Section 4(b) shall terminate and
Owner shall not be entitled to the credit described therein.
(b) City Obligations. City agrees that it shall waive and forgo collection of the Park
Development Fees that would normally be charged in connection with the issuance of
building permits for single family homes to be constructed on lots located within the West
Crossing subdivision and owned by the Owner, up to a maximum amount of $24,450.
Notwithstanding any provision of this Agreement, inspection fees, impact fees, and other
chargeable fees apart from said maximum amount of Park Development Fees shall remain
applicable, and such fees shall be collected under applicable ordinances and regulations.
SECTION 5 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
public notary. The City's duties and obligations hereunder shall not arise unless and until
the City Council has duly adopted this Agreement and Owner has duly executed same.
SECTION 6 SUCCESSORS AND ASSIGNS
a) All obligations and covenants of Owner under this Agreement shall constitute covenants
running with the land, and shall bind Owner and each successive owner of all of any
portion of the Property; provided, however, the terms of this Agreement shall (i) not be
binding on the owner of any residence that is purchased by such owner from a
homebuilder, and (ii) be subordinate to the lien of (and shall not be binding on) any
mortgagee who finances or refinances residences constructed on the Property.
SUBDIVISION IMPROVEMENT AGREEMENT Page ( 4
b) Without limiting the generality of the foregoing, and except as otherwise provided in
this paragraph, Owner has the right (from time to time upon delivery of 21 days' 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 6(b) 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 be
binding on the Parties. If a Party refuses to mediate, then the decision of the Party
willing to mediate shall be binding.
c) 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. Further, 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 7 MISCELLANEOUS PROVISIONS
(a) Authority to execute contract. The undersigned officers and/or agents of the parties hereto
are the properly authorized officials and have the necessary authority to execute this
Agreement on behalf of the parties hereto, and each party hereby certifies to the other that
any necessary resolutions or other act extending such authority have been duly passed and
are now in full force and effect.
(b) Termination. Notwithstanding any other provision of this Agreement, the Agreement and
the parties' obligations hereunder, including but not limited to the City's waiver of Parl<
SUBDIVISION IMPROVEMENT AGREEMENT Page 15
Development Fees, shall expire five (5) years following the Effective Date even if the total
amount of the Park Development Fees that the City waives under this Agreement is less
than the maximum amount stipulated in Section 4(b) of this Agreement.
(c) Notice. 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
written notice to the other parties in accordance with this notice provision.
If to the City: City of Anna
Attn: City Manager
P.O. Box 776
111 N. Powell Parkway
Anna, TX 75409
If to Owner: Bloomfield Homes L.P.
1050 E. Hwy 114
Suite 210
Southlake, TX 76092
(d) Complete Agreement. This Agreement embodies the entire Agreement between the Parties
and cannot be varied or terminated except as set forth in this Agreement, or by written
agreement of the Parties amending the terms of this Agreement.
(e) Applicable Law and Venue. This Agreement shall be performable and all compensation
payable in Collin County, Texas. Venue and exclusive jurisdiction under this Agreement lies
in a court of competent jurisdiction in Collin County, Texas.
(f) Severability. If any clause, paragraph, section or portion of this Agreement shall be found to
be illegal, unlawful, unconstitutional or void for any reason, the balance of the Agreement
shall remain in full force and effect and the parties shall be deemed to have contracted as if
said clause, section, paragraph or portion had not been in the Agreement initially.
(g) Representation. Each signatory representing this Agreement has been read by the party for
which this Agreement is executed and that such Party has had an opportunity to confer with
its counsel.
(h) Consideration. This Agreement is executed by the Parties hereto without coercion or
duress and for substantial consideration, the sufficiency of which is hereby acknowledged.
(i) Waiver. Waiver by either Party or any breach of this Agreement, or the failure of either
Party to enforce any of the provisions of this Agreement, at any time, shall not in any way
SUBDIVISION IMPROVEMENT AGREEMENT Page 16
affect, limit or waive such Partys right thereafter to enforce and compel strict compliance
of the Agreement.
(j) Miscellaneous Draftlna Provisions. This Agreement was drafted equally by the Parties
hereto. The language of all parts of this Agreement shall be construed as a whole according
to its fair meaning, and any presumption or principle that the language herein is to be
construed against any Party shall not apply. Headings in this Agreement are for the
convenience of the Parties and are not intended to be used in construing this document.
(k) No Other Beneficiaries. This Agreement is for the sole and exclusive benefit of the City and
Owner and is not intended to and shall not confer any rights or benefits on any third party
not a signatory hereto.
(I) Binding Effect. This Agreement shall bind and inure to the benefit of the City and Owner
and to any successor owner/developer of the property, may be recorded in the Collin
County property records, and runs with the land.
(m) Counterparts. This Agreement may be executed in a number of identical counterparts, each
of which shall be deemed an original for all purposes.
[SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
C�11:771�/�y[�7►�I�il�ti��l�►�i1�►�r_�N;»��il�►� FT�1rl
BLOOIVIFIELD HOMES, L.P.,
A Texas limited partnership
By: Bloomfield Properties, Inc.,
a Texas corporation, its General Partner
By:
Donald J. Dykstra, its President
IN WITNESS WHEREOF:
STATE OF TEXAS
COUNTY OF
Before me, the undersigned notary public, on the day of ,2014,
personally appeared Donald J. Dykstra, 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 President of Bloomfield Properties, Inc., a Texas corporation, as General
Partner of Bloomfield Homes, L.P., a Texas limited partnership.
Notary Public, State of Texas
SUBDIVISION IMPROVEMENT AGREEMENT Page � 8
CITY OF ANNA
By:
Philip Sanders, City Manager
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF COLLIN §
Before me, the undersigned notary public, on the day of ,2014,
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
SUBDIVISION IMPROVEMENT AGREEMENT Page ( 9
ATTACHMENTS
Exhibit A —The Property (legal description and survey drawing)
Exhibit B —Park Facilities
SUBDIVISION IMPROVEMENT AGREEMENT Page � 10
EXHIBIT "A"
WEST CROSSING PHASE 4
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City of Anna WEST CROSSING PHASE 4
MAY V s 201;4
By:
EXHIBIT B
PARK IMPROVEMENT COST SUMMARY
Bloomfield Homes
Anna, Texas
Item # Description Unit `' Quant Price Amount
West Crossing Trail Head Improvements (North)
1 Excavation CY 70 $2.00 $140400
2 6" 3600 PSI Reinf. Conc, Street SY 200 $32.00 $6,400.00
3 6" Lime Stabilized Subgrade Sy 215 $2.40 $516.00
4 Hydrated Lime Tons 4 $220.00 $880.00
5 Engineering Staking, and Contingencies $11058.40
Total Costs $81994A0
West Crossing Trail Head Improvement (South)
1Irrigation LS 1 $8,000.00
2 Bermuda Sod Sy 10200 $2.00 $21400.00
3 Crepe Myrtles EA 9 $100000 $900.00
4 Red Oaks (3 in. cal.) EA 2 $250.00 $500.00
5 Park Benches EA 2 $578.00 $1,156.00
8 Engineering and surveying LS 1 $21500.00 $2,500,00
Total Costs
TOTAL PARK IMPROVEMENTS
$15,456.00
Council Meeting: May 27, 2014
Account Code #: N/A
Item No. 13
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 5-22-14
Budgeted Amount:. N/A Exhibits: ❑Yes ❑ No
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);
Park Land;
b. discuss or deliberate the purchase, exchange, lease, or value of real
property (Tex Gov't Code 9551.072); acquisition of right -of --way;
easements; and land for municipal facilities;
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 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); proposed residential and retail developments;
d. discuss or deliberate personnel matters: City Secretary update. (Tex.
Gov't Code §551.074).
The council further reserves the right to enter into executive session at any
time throughout any duly noticed meeting under any applicable exception
to the Open Meetings Act.
Council Meeting: May 27, 2014
Account Code #: N/A
Budgeted Amount: N/A
Item No. 14
City Secretary's use only
City of Anna
City Council Agenda
Staff Report
Staff Contact: Philip Sanders
Date Prepared: 5-22-14
Exhibits: ❑Yes ❑ No
AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted
agenda for May 27, 2014 Workshop Session or any Closed Session occurring during this
Regular Meeting, as necessary.
SUMMARY:
RECOMMENDATION:
HOM);1Y3WN
Council Meeting: May 27I 2014
Account Code #: N/A
Budgeted Amount: N/A
AGENDA SUBJECT: Adjourn.
Item No. 15
City Secretary's use only
City of Anna
City Council Agenda
an Report
Staff Contact: Philip Sanders
Date Prepared: 5-22-14
Exhibits: ❑Yes ❑ No
RECOMMENDATION: Staff recommends a motion to adjourn.
West Crossing Phase 4 Parking Spaces