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HomeMy WebLinkAboutCCpkt2014-07-22t Y{OUR} HOMETOW N CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP July 22, 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., July 22, 2014, at the Anna City Hall Administration Building, located at 111 N. Powell Parkway (Hwy 5), regarding the following items: 1. Call to Order. 2. Roll Call and Establishment of Quorum. 3. Briefing/Discussion regarding the FY 2015 Draft Budget. (Clayton Fulton) 4. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code �551.071); 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. 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. 07-22-14 CC Workshop Meeting Agenda.doc I Posted 07-18-14 1 �, 3 Gov't Code 2551.087 1; proposed residential and retail developments; d. discuss or deliberate personnel matters: City Secretary Update; Boards and Commissions.(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. 5. Consider/Discuss/Action on any items listed on posted agenda for July 22 2014 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. 6. 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., July 18, 2014. Natha Wilkison, City Secretary I. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 07-22-14 CC Workshop Meeting Agenda.doc 2 Posted 07-18-14 CITY COUNCIL MEETING SIGN IN SHEET DATE: Please sign -in as a record of attendance. All persons desiring to address the council are requested to sign below and fill out an Opinion/Speaker Registration Form. Please hand the Opinion/Speaker Registration Form to the City Secretary prior to the start of the City Council Meeting. NAME ADDRESS �dkn U'4�1.�%b� �0j C"sue=r.SiCe�. Council Meeting: July 22, 2014 Account Code #: N/A Budgeted Amount: Item No. 3 WS City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Clayton Fulton Date Prepared: 07/17/14 Exhibits: ❑Yes Q No AGENDA SUBJECT: Briefing/Discussion regarding the FY 2015 Draft Budget. SUMMARY: Staff will present a draft of the FY 15 budget. The draft budget will be a condensed version of the complete budget as we still do not have final taxable value from the Collin Central Appraisal District. Staff will review the entire budget including a review of the proposed supplemental requests and what is recommended for funding. There is a special budget workshop scheduled for July 29 to review the draft budget including the final taxable value from the CAD. RECOMMENDED ACTION: None Y{OUft} HOlYY)'✓TOWN CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING July 225 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., July 22, 2014, at the Anna City Hall Administration Building, located at III North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Cozrncil Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order. 2. Invocation and Pledge of Allegiance. 3. Citizen comments. Citizens are allowed 3 minutes to speak. The Cozmcil 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 commmity 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. 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. 07-22-14 CC Regular Meeting Agenda.doc 1 Posted 07-1844 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Minutes for June 24, 2014. b. Approve City Council Minutes for July 8, 2014. c. Approve a Resolution regarding a Subdivision Improvement Agreement for Oak Hollow, Phase 6A. (Maurice Schwanke) d. Review P & Z Minutes of June 2, 2014. 6. (a) Public Hearing: To hear public comment on land use assumptions and capital improvement plan for proposed adoption of roadway impact fees and presentation by staff regarding same. (Maurice Schwanke) (b) Consider/Discuss/Action approving a Resolution adopting Roadway Land Use Assumptions and Roadway Capital Improvement Plan. (Maurice Schwanke) 7. Consider/Discuss/Action regarding approving a Resolution setting date for Roadway Impact Fee Public Hearing Date of September 9, 2014. (Maurice Schwanke) 8. (a) Public Hearing: To consider public comments regarding an ordinance amending the Anna Code of Ordinances by amending Part III-C (Zoning Ordinance), Section 35 by adding Section 35.05 5 (Masonry Content). (Maurice Schwanke) (b) Consider/Discuss/Action regarding an ordinance amending the Anna Code oI Ordinances by amending Part III-C (Zoning Ordinance), Section 35 by adding Section 35.05 5 (Masonry Content). (Maurice Schwanke) 9. Consider/Discuss/Action regarding the approval of a resolution approving a special event application submitted by Karen Adams, owner of Daddy RVX a Twisted Barbeque representing the "Anna Athletic Booster Club" concerning the request to have a "Fundraiser 5K and Family lK fun walk on Saturday, September 20, 2014 from (10#00 a.m. to 9*00 p.m. starting at Slayter Creek Park (route Attached). (Maurice Schwanke) 10. Consider/Discuss/Action regarding a Resolution approving a Development Agreement with Fellowship of Plano. (City Manager) 11. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the use of eminent domain to condemn private property owned by Troy Queen and Floella Queen and/or others for a sewer and trail easement. (City Manager) 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. 07-2244 CC Regular Meeting Agenda.doc 2 Posted 07-18-14 1I Consider/Discuss/Action regarding a resolution finding a public necessity and authorizing the use of eminent domain to condemn private property owned by Troy Queen and Floella Queen and/or others for public right-of-way associated with alterations to Ferguson Parkway. (City Manager) 13. Consider/Discuss/Action regarding appointments/reappointments to the Planning and Zoning Commission. (City Council) 14. Consider/Discuss/Action regarding appointments /reappointments to the Park Advisory Board. (City Council) 15. Consider/Discuss/Action regarding appointments/reappointments to Anna Economic Development Corporation. (City Council) 16. Consider/Discuss/Action regarding appointments/reappointments to Anna Community Development Corporation. (City Council) 17. Consider/Discuss/Action regarding appointments/reappointments to the Board of Adjustments. (City Council) 18. 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); b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072)9 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; Boards and Commissions.(Tex. Gov't Code �551.074). I. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 07-22-14 CC Regular Meeting Agenda.doc 3 Posted 07-18-14 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. 19. Consider/Discuss/Action on any items listed on posted agenda for July 22, 2014 Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 20. 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. July 18, 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. 07-22-14 CC Regular Meeting Agenda.doc 4 Posted 07-18-14 y{OUR.} gpMETOWN Council Meeting: July 22 2014 Account Code #: N/A Budgeted Amount: N/A AGENDA SUBJECT: SUMMARY: RECOMMENDATION: Call to order. Item No. 1 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 7-16-14 Exhibits: ❑Yes ❑ No Y{OUR)HOMPsTOWN Council Meeting: July 22, 2014 Account Code #: N/A Item No. 2 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared Budgeted Amount: N/A Exhibits: ❑Yes AGENDA SUBJECT: Invocation and Pledge of Allegiance. SUMMARY: RECOMMENDATION: ❑ No Council Meeting: July 22, 20I4 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: 7-I6-14 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Citizen Comments. Citizens are allo���ed 3 minzrtes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. SUMMARY: RECOMMENDATION: Council Meeting: July 22, 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 4 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 7-16-14 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 iunicipality that has arisen after the posting of the agenda. Council Meeting: July 22, 2014 Account Code #: Budgeted Amount: N/A Item No. 5 (a=d ) City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 7-16-14 Exhibits: Q Yes ❑ No AGENDA SUBJECT: Consent Items. These items consist of non -controversial or 'housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Minutes for June 24, 2014. b. Approve City Council Minutes for July 8, 2014. c. Approve a Resolution regarding a Subdivision Improvement Agreement for Oak Hollow 6A. (Maurice Schwanke) d. Review P & Z Minutes of June 2, 2014. RECOMMENDATION: Staff recommends approval of the consent items. MINUTES OF CITY OF ANNA AGENDA NOTICE - CITY COUNCIL WORKSHOP June 24, 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., June 245 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 Milce Crist and Council Members Lauren Lovato, John Beazley, Natha Bryan, Dick Dowd were present. Council Member Barnes arrive 7:25 pm. Council Member James T. Cook was absent. 3. Review Draft FY 2015 Department Budgets. (City Manager) Clayton Fulton, Finance Director presented draft budgets for water, sewer, utility billing, Economic Development Corporation and Community Development Corporation and answered questions. Mr. Fulton also reviewed supplemental requests for departments and preliminary market adjustments to salaries and wages. Council Member Bryan made the motion to enter closed session at 7:07 pm. Council Member Beazley seconded the motion. Motion passes. AYE 5 NAY 0 4. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions.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 551.071); 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, 06-24-14 CC Workshop Meeting Minutes.doc 1 06-24-14 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 subdivisionGov't Code �551.087 proposed residential and retail developments; 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 7:13 pm. Council Member Dowd seconded the motion. Motion passes. NAY 0 ABSTAIN 0 5. Consider/Discuss/Action on any items listed on posted agenda for June 24, 2014 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. Council Member Bryan made the motion to take no action. Council Member Dowd seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 6. Adjourn. Mayor Crist made the motion to adjourn at 7:14 pm. Council Member Beazley seconded the motion. Motion passes. ral AYE 5 ATTEST: NAY 0 Natha Willcison, City Secretary ABSTAIN APPROVED: Mike Crist, Mayor 06-24-14 CC Workshop Meeting Mimrtes.doc 2 06-24-14 MINUTES OF CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING June 24, 2014 7:30 p.m. — Anna City Hall Administration Building The City Council of the City of Anna met in Regular Session at 7:30 p.m., June 24, 2014, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order. Mayor Mike Crist called the meeting to order at 7:30 pm. 2. Invocation and Pledge of Allegiance. Mayor Crist gave the invocation. 3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought tip during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. None 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment), a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality, and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Maurice Schwanke, Director of Planning and Development introduced Hans Friedel a Planner in the department. 06-24-14 CC Regular Meeting Mimrtes.doc i 06-24-14 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Minutes for June 10, 2014 Regular Meeting. b. Review minutes of the Anna EDC from April 3, 2014. (Jessica Perkins) c. Review minutes of the Anna CDC from April 3, 2014. (Jessica Perkins) Council Member Barnes made the motion to approve the consent items. Council Member Bryan seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 6. Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute a land Purchase and Sale Agreement with John Bradley. (City Manager). City Manager, Philip Sanders 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 7. a. Conduct a public hearing regarding an Ordinance amending the Anna City Code of Ordinances by amending Part III -A (Subdivision Regulations), Article 1 (General Provisions), Section 5.02 (Exemptions). (Maurice Schwanke) Maurice Schwanke, Director of Planning and Development presented the item to council. Mayor Crist opened the public hearing at 7:35 pm. There was no public comment. Mayor Crist closed the public hearing at 7:35 pm. b. Consider/Discuss/Action regarding an Ordinance amending the Anna City Code of Ordinances by amending Part III -A (Subdivision Regulations), Article 1 (General Provisions), Section 5.02 (Exemptions). (Maurice Schwanke) Council Member Barnes made the motion to approve. Council Member Bryan seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 06-24-14 CC Regular Meeting Minutes.doc 2 06-24-14 8. Consider/Discuss/Action regarding an Ordinance adopting the MY Edition Of The International Building Code, International Residential Code, International Electrical Code, International Energy Conservation Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, and International Plumbing Code; adopting the North Central Texas Council Of Governments Recommended amendments to each said adopted Codes. (Maurice Schwanke). Maurice Schwanke presented the item to council and answered questions. Ty Chapmen with Bureau Vertias answered questions from council members regarding the suggested changes. Council Member Bryan made the motion to approve. Council Member Barnes seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 9. Briefing/Discussion regarding the FY 2014 Street Improvement Program. (Rob Woods) Rob Woods, Public Works Director presented the item to council and answered questions. Council did not enter closed session at this time. 10. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 5519 the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. 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); 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 55tz 1.087); proposed residential and retail developments; 06-24-14 CC Regular Meeting Minutes.doc 3 06-24-14 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. 11. Consider/Discuss/Action on any items listed on posted agenda for June 24, 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 12. Adjourn. Council Member Bryan made the motion to adjourn at 7:58 pm. Council Member Beazley seconded the motion. Motion passes. AYE 6 NAY 0 ABSTAIN 0 ATTEST: APPROVED: Natha Wilkison, City Secretary Mike Crist, Mayor 06-24-14 CC Regular Meeting Minutes.doc 4 06-24-14 MINUTES OF CITY OF ANNA AGENDA NOTICE - CITY COUNCIL WORKSHOP July 89 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., July 85 2014, at the Anna City Hall Administration Building, located at I I I 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 Beazley, Chad Barnes, Nathan Bryan and Dick Dowd were present. 3. Briefing/Discussion regarding Long Term Debt. (Clayton Fulton) Clayton Fulton, Director of Finance presented the item to council and answered questions. Mr. Fulton introduced Andre Ayala with FirstSouthwest who gave a presentation regarding an Debt Management Analysis for the City. Mr. Ayala answered questions from council members. 4. Review Draft FY 2015 Capital Project Budgets. (Clayton Fulton) Clayton Fulton, Director of Finance presented the item to council and answered questions. Council Member Barnes made the motion to enter closed session at 7:15 pm. Council Member Dowd 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: 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); 07-08-14 CC Workshop Meeting Minutes.doc 1 07-08-14 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 tz551.087 J; proposed residential and retail developments, d. discuss or deliberate personnel matters: 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 Beazley made the motion to return to open session at 7:29 pm. Council Member Bryan seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 6. Consider/Discuss/Action on any items listed on posted agenda for July 8 2014 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. Council Member Barnes made the motion to take no action. Council Member Bryan seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 7. Adjourn. Council Member Beazley made the motion to adjourn at 7:30 pm. Mayor Crist seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 ATTEST: APPROVED: Natha Wilkison, City Secretary Mike Crist, Mayor 07-08-14 CC Workshop Meeting Minutes.doc 2 07-08-14 MINUTES OF CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING July 8, 2014 7:30 p.m. — Anna City Hall Administration Building The City Council of the City of Anna met in Regular Session at 7:30 p.m., July 89 2014, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order. Mayor Mike Crust called the meeting to order at 7:30 pm. 2. Invocation and Pledge of Allegiance. Mayor Mike Crust gave the invocation. 3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. None 4. Receive reports from Staff or the City Council about items of community interest. Items of commuunity 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 peuson'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. Philip Sanders, City Manager presented Distinguished Budget Presentation Award to Clayton Fulton. 07-08-14 CC Regular Meeting Minutes.doc I 07-08-14 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve a Resolution approving an Interlocal Dispatch Services Agreement between the City and Collin County, Texas. (Chief Jenks) b. Approve a Resolution approving Extension of an Agreement with Collin County for Jail Services. (Chief Jenks) Council Member Bryan made the motion to approve the consent items. Council Member Dowd seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 6. (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. (Maurice Schwanke) Hans Friedel, Planning and Development Department presented the item to council and answered questions. Mayor Crist opened the public hearing at 7*38 pm. There was no public comment. Mayor Crist closed the public hearing at 7:3 8 pm. (b) Consider/Discuss/Act on recommendation regarding 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, A114. (Maurice Schwanke) Council Member Barnes made the motion to approve. Council Member Bryan seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 7. Consider/Discuss/Action regarding a Resolution approving a Subdivision Improvement Agreement for Oak Hollow, Phase 6A. (Maurice Schwanke) Hans Friedel, Planning and Development Department presented the item to council and answered questions. Mayor Crist made the motion to table til the July 22, 2014 meeting. Council Member Cook seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 07-08-14 CC Regular Meeting Minutes.doc 2 07-08-14 Council Member Bryan made the motion to enter closed session at 7*45 pm. Council Member Dowd seconded the motion. Motion passes. NAY 0 8. 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 5� 51.071); 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 55� 1.087); 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 Member Cook made the motion to return to open session at 7:58 pm. Council Member Dowd seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 9. Consider/Discuss/Action on any items listed on posted agenda for July 8, 2014 Workshop Session or any closed session occurring during this Regular Meeting, as necessary. Council Member Bryan made the motion to take no action. Mayor Crist seconded the motion. Motion passes. AYE 7 NAY 0 ABSTAIN 0 07-08-14 CC Regular Meeting Minutes.doc 3 07-08-14 U. Adjourn. Council Member Cook made the motion to adjourn at 7:59 pm. Council Member Beazley seconded the motion. Motion passes. ATTEST: Natha Wilkison, City Secretary APPROVED: Mike Crist, Mayor 07-08-14 CC Regular Meeting Minutes.doc 4 07-08-14 Council Meeting: July 22, 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 5 (c) City Secretary's use only City of Anna City Council Agenda all Report Staff Contact: Maurice Schwanke Date Prepared: 07/15/14 Exhibits: ■Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving a Subdivision Improvement Agreement for Oak Hollow, Phase 6A. SUMMARY: Oak Hollow Phase 6A located along Taylor Blvd. (County Road Number 367) is currently being developed. The adopted procedure for development requires that developers extend utility lines across their frontages so that subsequent developments can tie into the system. An eight inch water line would be required to fulfill this obligation for the Oak Hollow Development. The distance for this line is 729 linear feet. According to our water master plan that is under development our real need is to have this line be 12 inches instead of 8 inches. The line would tie into an existing 12 inch water line that exists to the east that was installed by a similar agreement with LGI... The Developer is willing to do this upgrade if the City is willing to pay the difference by allowing for an offset in required water improvement fees required for this development. The attached exhibit shows the cost breakdown between a 12 inch and 8 inch line. The difference is $105300.62. RECOMMENDED ACTION: Approval of the Resolution. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING AND APPROVING A SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT WITH LGI HOMES. WHEREAS, it is in the best interest of the City and Private Developers in order to provide for orderly development to make subdivision improvement agreements; and WHEREAS, during the course of construction City Staff has identified a need to upgrade a water line; and WHEREAS, the difference in cost of water line between 8 inch and 12 inch for a distance of 729 linear feet should not exceed $10,300.62; 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 Second Agreement Amending Subdivision Improvement Agreement The City Council hereby authorizes the City Manager to execute the Second Agreement Amending Subdivision Improvement Agreement attached to this resolution as Exhibit A-1 and to execute any additional documents necessary to cause the improvements referenced herein to be completed. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 22nd day of July, 2014. ATTEST: Natha Wilkison, City Secretary APPROVED: Mayor, Mike Crist EXHIBIT A-1 SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT This Second Agreement Amending Subdivision Improvement Agreement (this "Second Amendment") is entered into between the City of Anna, Texas, a home -rule municipality (the "City") and LGI Homes — Oak Hollow Phase 6, LLC, a Delaware Company ("Owner"). The term "Owner" includes all owners of the Property, and each of the owners of the Property are jointly and severally bound to the obligations of the "Owner" under this Second Amendment. WHEREAS, Owner and the City are sometimes collectively referenced in this Second Amendment as the "Parties"; and WHEREAS, it is the Parties' mutual intent that this Second Amendment 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 Second Amendment; 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 31.568 acres of land located entirely within the corporate limits of the City of Anna, to be platted as Oak Hollow Phase 6A, and which is more particularly and separately or jointly described in the attached Exhibit 1; and, WHEREAS, the City previously approved and entered into a Subdivision Improvement Agreement ("SIA"), attached hereto as Exhibit 2, related to the Development of the Property; and, WHEREAS, The SIA amended the Anna 96 Facilities Agreement (the "Facilities Agreement"); and, WHEREAS, the City and the Owner subsequently entered into an agreement amending the SIA (the "Amendment which is attached hereto as Exhibit 3; and, WHEREAS, the City and Owner now desire to further amend the CIA to address the Phase 6A Water Facilities, as defined in Section 2 of this Second Amendment, and certain Water Capital Improvement Fees related to the Property; and, WHEREAS, Owner acknowledges that the obligations undertaken under this Second Amendment are primarily for the benefit of the Property; and, WHEREAS, Owner understands and acknowledges that acceptance of this Second Amendment 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: SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page 1 1 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 Second Amendment and said recitals constitute representations by Owner and the City. SECTION 2 AMENDMENTS TO DEFINITIONS Section 2 of the SIA is amended by adding a definition of "Phase 6A Water Facilities" and by modifying the definition of "Public Improvements" as follows: Phase 6A Water Facilities means the CR 367 Water Line to be constructed by Owner as described and depicted in Exhibit 4, attached hereto, and in accordance with design/construction plans to be approved by the City. Public Improvements) means the Water Facilities and the Phase 6A Water Facilities. SECTION 3 AMENDMENTS TO SECTION 4 OF THE AGREEMENT Section 4 of the SIA is hereby amended by adding new subsections (c) and (d) as follows: (c) Owner Obligations. Within two (2) years of the Effective Date of this Agreement, Owner agrees to complete in a good and workmanlike manner construction of the Phase 6A Water Facilities, If Owner fails to fully complete construction of the Phase 6A Water Facilities in said manner within two years of the Effective Date of this Agreement, then the City's obligations under Section 4(d) shall terminate and Owner shall not be entitled to the credit described therein. (d) City Obligations. City agrees that the Water Capital Improvement Fees owed to the City by Owner when the final plat %J the subdivision of the Property is recorded, as described in Section 1(a) of the Facilities Agreement, shall be partially credited in the amount of $10,300.62. Said credit is in addition to the credit described in subsection 4(b) of this Agreement. SECTION 4 CONFLICTS AND EFFECTIVE DATE To the extent of any conflict between this Second Amendment and the SIA, this Second Amendment shall govern. The Effective Date of this Second Amendment is the date that the last of the Parties' signatures to this Second Amendment is fully and properly affixed to this Second Amendment 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 Second Amendment and Owner has duly executed same. SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page ( 2 SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 3 LGI Homes — Oak Hollow Phase 6, LLC, a Delaware limited liability company By: LGI-GTIS Holdings IV, LLC, a Delaware limited liability company, its sole Manager By: LGI Homes Group, LLC, a Texas limited liability company, its Managing Member By: Eric T. Lipar, its Manager IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the 'day of 2014, personally appeared Eric T. Lipar, 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 Manager of LGI Homes Group, LLC, in its capacity as Managing Member LGI JV Holdings IV, LLC, in its capacity as sole Manager of LGI Homes — Oak Hollow Phase 6, LLC. Notary Public, State of Texas SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 4 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 SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 5 ATTACHMENTS Exhibit 1—The Property (legal description and survey drawing) Exhibit 2 —Subdivision Improvement Agreement Exhibit 3 —Agreement Amending Subdivision Improvement Agreement Exhibit 4 —Phase 6A Water Facilities SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 6 sy%31'APOW mll00'Z94 tl39ARN 10v91s9!'A3ANns hlltltl wA0H1 3 l li 031vn15 s38w 99S'lf w38'stl%31'A omo taiW�bmv i0 Ain 3H1 Ol tm1 by9 NOOl9''f->f 0h 9-t 5101:0 M0019'9C-OC Oh 6-t 51018V1:3 M3019'Mt 101 0N >e-t stOl:3 N0019'OZ-t stOl:O N001B'>l-t s101 V9 HSVHd S3IVISH n�ozzox NVON0101 dOlVldIVNIJV max:, t:viroat xi tniali n: vs to a�wrM :se SNOI1nl05 ONV1 d:n W b l-tf l0m4w gAaij A 10l sIB5 G @p@ g p i €y �4gno § $ol 5 tl8� g F8 U g V 3 3 3 3 3 8` <aos s ale 6 ; a I=`s� Ali ° d €:a` 5 6sa x m$"s zN N as6Y AM a�= 80m® �€ _ _ ; _ _ <B S` U_ g3: a 3YU : € 4.Q 3 Y.SC `9ggg'` €gggg.. i?b d "a btlw l3Skz 4Eoe ' o E ' o o �< i 5.2 s y i"g - ip Yea ; ss co i S gasI5;sbe€�a�Ra�e e syg��=�EEes�ye : s s _ 8g�ao�5�E�ge�5p 5ee��5eua:5vea�04 s �s 6 R 'ms�;rri� n�¢ :os� = :nio g uJ 0ata�v esows a :'say 5sLEp nQ B; s; a� a "` 0 eg$' € x e 5 a ?g ga; ;= pg Y 5'"s 3a>xg`=a E'a s 8_ 8 Bs.¢ 8<b s .,e HE €Z. € €ev €a €- at €.; €ate €: a a C vl 000` Pe - B 3 'aMgo i u <x o g=i 3 sc� daory ; ym� igd 000 900 ppew 00 8 SAS `Y k 8ge� g Yo YY9 EXHIBIT 3 CITY OF ANNA, TEXAS RESOLUTION NO. 2013-08-09 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH LGI HOMES. WHEREAS, it is in the best interest of the City and Private Developers in order to provide for orderly development to make subdivision improvement agreements; and WHEREAS, during the course of construction City Staff has identified a need to upgrade a water line, and; WHEREAS, the difference in cost of water line between 8 inch and 12 inch for a distance of 744 linear feet should not exceed $14,453.78, and; 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 Subdivision improvement agreement The City Council hereby authorizes the City Manager's to execute all documents in regard to the Subdivision Improvement Agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this day oI August, 2013. ATTEST: Wilkison, City Secretary RES. 2013-08-09 Subdivision Improvement AgreementW-LGI Homes-Oal< Hollow Phase 6 PAGE 1 OP 1 08-13-13 SUBDIVISION IMPROVEMENT AGREEMENT This Subdivision Improvement Agreement (this "Agreement") is entered into between the City of Anna, Texas, a home -rule municipality (the "City") and LGI Homes -Oak Hollow Phase 6, LLC, a Delaware Company ("Owner"). The term "Owner" includes all owners of the Property, and each of the owners of the Property are jointly and severally bound to the obligations of the "Owner" under this Agreement. WHEREAS, Owner and the City are sometimes collectively referenced in this Agreement as the "Parties," 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 that this Agreement, 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 28.7 acres of land located entirely within the corporate limits of the City of Anna and is more particularly and separately orjointly described in the attached Exhibit A; and, WHEREAS, the City has previously approved an agreement related to the Development of the Property (the "Facilities Agreement") attached hereto as Exhibit B; and, WHEREAS, the City and Owner desire to amend said Facilities Agreement as it relates to the Property and certain Water Facilities to -be constructed by Owner and certain Water Capital Improvement Fees to be paid to the City; and, WHEREAS, Owner represents and warrants to the City that at least insofar as relates to the Property, Owner has acquired through purchase, assignment, or otherwise all of the rights, benefits, and obligations of "Developer" as set forth in Section 10 of the Facilities Agreement and that with respect to said Facilities Agreement as relates to the Property, only Owner and no other person or entity is: (1) entitled to all of the rights and benefits thereto; and (2) bound to perform all of the obligations arising thereunder; and, WHEREAS, the foregoing paragraph is a material representation and warranty by Owner without which the City would not have entered into this Agreement; 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; SUBDIVISION IMPROVEMENT AGREEMENT Page I 1 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. ,Development means the new residential development on the Property that is the subject of this Agreement. Public Imorovement(s) means the Water Facilities. Water Capital Improvement Fees means the development fees described in Section 1(a) of the Facilities Agreement; to the extent such fees relate to or are applicable to Development of the Property. Water Facilities means the CR 367 Water Line to be constructed by Owner as described and depicted in Exhibit C, attached hereto, and in accordance with design/construction plans to be approved by the City. SECTION 3 GENERAL PROVISIONS (a) ,Facilities Agreement Amended; The Parties agree that the Facilities Agreement attached hereto as,Exhibit B is hereby amended to the extent necessary to incorporate in the Facilities Agreement the Parties' obligations in Section_4 of this Agreement. To the extent of any conflict between this Agreement and the Facilities Agreement, this Agreement shall govern. (b) ,Performance Bond. Payment Bond and Other Security. For each construction contract for any part of the Water Facilities, Owner or Owner's contractor must execute a performance bond in favor of the City and a payment bond for the construction and work covered by those contracts, which bonds shall be in accordance with Texas Government Code, Chapter 2253 and applicable City Regulations. For each construction contract for any part of the Water Facilities, Owner or Owner's contractor further must execute a Maintenance Bond in accordance with applicable City Regulations that guarantee the costs of any repairs which SUBDIVISION IMPROVEMENT AGREEMENT Page 12 may become necessary to any part of the construction work performed in connection witli tine Water Facilities, arising from defective worl<mansliip or materials used therein, for a full period of two years from the date of final acceptance of the Water Facilities constructed under such contract. (c) 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 Water Facilities are properly constructed according to the approved engineering plans and City Regulations, and until such Water Facilities are dedicated to and accepted by the City. From and after the inspection and acceptance by the City of the Water 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. (d) 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 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. (e) 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 SUBDIVISION IMPROVEMENT AGREEMENT Page � 3 construction contracts. Owner shall provide to the City cercates 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. (f) ,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 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 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 WJTH OWNERSHIP OF THE PROPERTY OR ASSIGNMENT.OF THE FACILITIES AGREEMENT. (g) .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 WATER 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 Water Facilities. If Owner fails to fully complete construction of the Water 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 the Water Capital Improvement Fees owed to the City by Owner when the final plat of the subdivision of the Property is recorded, as described in SUBDIVISION IMPROVEMENT AGREEMENT Page j 4 Section 1(a) of the Faces Agreement, shall be partially credited in the amount of $14,453,78, 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. 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, SUBDIVISION IMPROVEMENT AGREEMENT Page 15 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) 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: LGI Homes -Oak Hollow Phase 6, LLC 1450 Lake Robbins Drive Suite 430 The Woodlands, Texas 77380 (c) .Complete Aareement. 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. (d) 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 competentjurisdiction in Collin County, Texas. SUBDIVISION IMPROVEMENT AGREEMENT Page � 6 (e) 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. (f) 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. (g) ,Consideration, This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. (h) 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 affect, limit or waive such Party's right thereafter to enforce and compel strict compliance of the Agreement. (i) ,Miscellaneous Drafting 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. (j) 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. (k) .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. (I) ,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] SUBDIVISION IMPROVEMENT AGREEMENT Page � 7 LGI Homes -Oak Hollow Phase 6, LLC, a Delaware limited liability company By: LGI-GTIS Holdings IV, LLC, a Delaware limited liability company, its sole Manager By: LGI Homes Group, LLC, a Texas limited liability company, its Managin J/lember By. -- EricT. U C3010 s Manager IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF -AfifaoMff§ Before me, the undersigned notary public, on the / 2 - ^ day of i�1�Pf nf, n 2013, personally appeared Eric T. Lipar, 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 Manager of LGI Homes Group, LLC, in its capacity as Managing Member of LGI- GTIS Holdings IV, LLC, in its capacity as sole Manager of LGI Homes - Oak Hollow Phase 6, LLC. 2014 Notary Public, State of SUBDIVISION IMPROVEMENT AGREEMENT Page 18 CITY OF ANNA By r Phjjip Sandej^s, City Manager u Notary Public, State of Texas STATE OF TEXAS § COUNTY OF COLLIN § Before me, the undersigned notary public, on the y A= day of f-cSf�2013, personally appeared Philip Sanders, known to me (or proved to me) to be he p� erson 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. Natha J Wilkison My Commission [xplres 1 i/1312013 Noft/ry Public, Ste of Texas G SUBDIVISION IMPROVEMENT AGREEMENT Page 19 ii Ld:I. i�d_�.)r �9 Exhibit A -The Property (legal description and survey drawing) Exhibit B -Facilities Agreement Exhibit C -Water Facilities SUBDIVISION IMPROVEMENT AGREEMENT Page � 10 I1 1 flu `'e K � �o�� T i�S �L> a ga.. :a � • - $ Ip�HB 4s [§ � R S! @ s 9+fie t �I dill a➢ pR s ANNA 96 JOINT VENTURE ; ppappap ; Sol 9 €9 2006000692110f!p�a b 142 eVRi'.YQ oil v aY Y a as $�3e R r tl P ggg a . u a g� s!� ( �O tt � ri u v S a a'� z� A� s� ti �'"' � s ss• k ? c 2 g Y`5 995 3 -n.n „; �w (A(2pp G'� •'a- tl� € I $ t 'lov,oi'r/ r 't8 6 � � V ! •, A — } �FV19J33519 _ P 6 ^� R N4 A �� kY �ua � 6 �jAj Q�` p❑�s I ^�gp� a9(� ut�yOe tG ��F 2F 6v •>JIIw w! {�F z � F- 'yi,.� •." 'o ,— ' e-��- ye °'t./yt x � ej"�'1 'dam � KK ���I�aa: > 3 8E n,� d,rs g" �.. 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T a3 ESa 'Sk t i€Si s16 }:f�rt; 313 dreg t F !FF je r i D n A m a IIlII P E LOTO N A FINAL PLAT OF 7OF IT , h lot IK B.Grf @ LOTS 6 0 '' I" LAND s 4 L u T 14 N { OAK HOLLOW ESTATES, PHASE 6 lOrz 1-it, k lOT 1%, QIOCK A; 101p I-1 Fopa Lcna»I CNEC`KTED BY: T8 LEGAL DESCRIPTION BEING a tract of land situated in the Thonnas Rattan Survey, Abstract No. 782, and in the Henry Smith Survey, Abstract No. 823, both in Collin County, Texas and being a portion of that tract of land described in a Deed to ANNA 96 JOINT VENTURE, as recorded in Document Nc 2006000692110 of the Deed Records of Collin County, Texas, said tract being more particularly described by metes and bounds as follows: COMMENCING at an iron rod found at the southwest corner of Lot 12, Block B, Oak Hollow Estati Phase 5, an addition to the City of Anna, Collin County, Texas as recorded in Cabinet P, Page 966, of the Plat Records of Collin County, Texas, said point being in the easterly line of Common Area No. 1 as shown on said Plat; THENCE Nig^IS'SS't (previously recorded as N20"32'11"E) along the easterly line of said Common Area No. 1 and the west line of said Lot 12, 55.51 feet to an iron rod found for the northwest corner of Lot 12 and being the northeasterly corner of said Common Area No. 1; THENCE S89"'S2'34"W (previously recorded as N89"36'40"W) along the north^ line of said Common Area No. 1 76,03 feet to a 5/8 inch iron rod with cap stamped "PELOTON" set for the northwest corner of said Common Area No. 1, and being the northeast corner of said ANNA 96 JOINT VENTURE tract and being called for as being in the approximote centerline of a creek on said Plat of Oak Hollow Estates, and being the POINT OF BEGINNING; THENCE along the west line of said Common Area No. 1, and along the east line of said ANNA 96 JOINT VENTURE tract and along the approximate centerline of said creek as called for in said Plot of Oak Hollow Estates the following bearings and distance all of which have been rotated 01"13'16" counter clockwise from the beorings previously recorded on said Plat: S 251111'43"E, 29.76 feet; S 05"48016"W, 21.01 feet; S 19"24'34"W, 65,39 feet; S 40"08'40"W, 23,60 feet; S 021147129"E, 13.38 feet; S 52^31'10"E, 15.75 feet; S 22"46116"E, 16.47 feet; S 27"18'24"W, 29.10 feet; S 551-41'1611W, 74,80 feet; S 32"02'03"W1 51,03 feet; S 131-43'27"W, 33.11 feet; S 00"05'05"W, 49,65 feet; S 101;06058"E, 37,36 feet; S 281106'461PE, 32,36 feet; S 24"'44'06"W1 50,46 feet; S 670103'46"W, 29.94 feet; N 63"4212511W, 21.77 feet; N 160111'59"W, 22.59 feet; N 83"150'02"W, 32,85 feet; S 60"51'43"W, 33.08 feet; 5 29"05'35"W, 46.53 feet; S 03^51'24"W, 78.37 feet; S 321143'38"E, 62.73 feet; S 091�52'59"W, 9.55 feet; S 544128'37"W, 39.37 feet; S 121148112"W, 11,60 feet; S 141159'14"E1 30.51 feet; S 17"36'47"W, 8,08 feet; S 601^19'05"W, 21,40 feet; S 37114513011W, 25,87 feet; S 00110'51"E, 27,18 feet; S 581137'07"E, 49,14 feet; S 231150138"E, 37,65 feet; S 10"00'39"W, 67,63 feet; S 78"37'40"W, 31,34 feet; S 72"23'02"W, 36.27 feet; S 57'A43'49"W, 47.69 feet; S 301�22'00"W, 13.51 feet; S 021120148"E, 30,79 feet; S 32"31151"W1 89,98 feet; S 27"132'45"E, 30,67 feet; S 78"52138"E, 64,81 feet; S AOA50'5AAAE, 49,23 feet; S 021-49'20"W, 45.99 feet; S 531"35105"W9 50,95 feet; S 05'-22151"E, 11,76 feet; S 221113157W2 61,32 feet; S 08111561291tE, 15,57 feet; S 38"157115"E, 20,59 feet; S 111'11'26"E, 12,07 feet; S 19"'44'48"W, 88,47 feet; S 00"09406"E, 50,55 feet; S 321-'49'04"E1 62,23 feet; S 22"'47131"E, 18,74 feet; and S 01'A15'32"E, 19.35 feet to a PK nail set in the approximate center line of County Road No. 367; THENCE along the said approximate center line of County Rood No. 367 the following courses and distances; S 88"'5410"W, 27,20 feet to a PK nail set; S 881159610"W, 646.60 feet to a PK nail set; THENCE, leaving the said approximate center line of County Road No. 367 and across said ANNA 96 JOINT VENTURE tract the following courses and distances: N011?13103"W, 797,25 feet to a 5/8 inch iron rod with cap stamped "PELOTON" set; S88"4615711W, 10,18 feet to a 5/8 inch iron rod with cap stamped "PELOTOW set; N01"1310311W, 145,00 feet to o 5/8 inch iron rod with cap stamped "PELOTON" set; S88"46157"W, 42.16 feet to o 5/8 inch iron rod with cop stamped "PELOTWJ" set; NOVA13'03"W, 290,00 feet to a 5/8 inch iron rod with cap stamped "PELOTON" set; N88"146156"E, 4,10 feet to a 5/8 inch iron rod with cap stamped "PELOTON" set; N01111136036'W, 145,00 feet to a 5/8 inch iron rod with cop stamped "PELOTON" set; S88A46'57"W, 1,61 feet to a 5/8 inch iron rod with cap stamped "PELOTON" set; THENCE N01113103"W, 146.16 feet to a 5/8 inch Iron rod with cap stamped "PELOTON" set in the said north line of said ANNA 96 JOINT VENTURE tract; THENCE N88A45'26"E, along said north line and generally along said fence line (previously recorded as N89A59'E) 2.91 feet to an iron rod found; THENCE N88'A36'22"E, along said north line and generolty along said fence line (previously recorded as N89"33'E, 263.27') 263,68 feet to on iron rod found for the southwest corner of Lot 64, Block T, Oak Hollow Estates, Phase 4, as recorded in Volume 2006, Page 586 of the Plat Records of Collin County, Texas; THENCE N88"52'33"E, (previously recorded as N89'�36'E1 354.47') 354,38 feet along said north line and along the south line of said Oak Hollow Estates to a 5/8 inch iron rod with cop stamped "PELOTON" set for the southwest corner of Lot 1, Block U, Oak Hollow Estates, Phase 3, as recorded in Cabinet P, Page 252, Plot Records CoHin County, Texas; THENCE N 89'�05'22"E, (previously recorded os N89'-57'E, 352.85') along said north line and along the south line of said Oak Hollow Estates, Phase 3, 352,40 feet to and iron rod found; THENCE NOO"41'30"E, (previously recorded as N00"54'E) 30,29 feet along said north line and along the south line of said plat to an iron rod found; Thence N89'�52'34"E, 135.87 feet (previously recorded as S89'�25'E) along said north line and the south line of said plot to the POINT OE BEGINNING, and containing 1,250,228 square feet, or 28,701 acres of land, more or less. r EXHIBIT B TO SUBDIVISION IMPROVEMENT AGREEMENT ANNA 96 FACILITIES AGREEMENT TIIIS FACILITffiS AGREEMENT (this "Assreemenf � is entered into as of the Effective Date (hereinafter defined) by and between the CITY OF AMNA, TEXAS, a municipal corporation, existing under the laws of the State of Texas (the "QED. and ANNA 96 JOINT VENTURE and/or its assigns (collectively,'Developer RECITALS: A. Developer desires to develop a tract of land located within the City and consisting of approximately 96.085 acres commonly known as the Chee tract (the "Property"), which tract is illustrated on the attached Exhibit A and described by metes and bounds on the attached Exhibit B. Developer has a right to purchase the Property pursuant to a contract of sale between MML Partners, L.P., as seller, and Developer as purchaser dated Jime 21, 2002 (as may be amended, the "Contract"). B. Developer desires to develop the Property to include an estimated 386 single-family lots (the "Single Family Development"). C. On January 28, 2003, the City annexed the Properly pursuant to Ordinance No. 49 2003, and rezoned it as Planned Development, pursuant.to Ordinance Nd. 50-2003, to include development rights that are consistent with the proposed Single Family Development. � D. Development of fire Property requires the construction of water and sanitary sewer improvements including the following off -site improvements (collectively, the "Public Improvements" ): (i) a gravity sewer line from FM 455 to C.R. 367, commonly knovra as the Throckmorton line; (11) a force main and two lift stations along C.R, 367 connecting the Throckmorton line to the existing wastewater treatment plant; (iii) any water supply improvements required to serve the Single Family Development; and (iv) any wastewater treatment plant expansion required to serve the Single Family Development. A portion of the proposed Public Improvements are more particularly described on Exhibit C attached hereto and made a part hereof. The Public Improvements are needed to serve the Property as well as other nearby property. E. The City desires to construct the Public Improvements. If the City is unable to complete design and constmction of the Public Improvements on a schedule consistent �vitli the Single Family Development schedule, Developer is willing to cause such Public Improvements to be constructed upon the condition that all costs paid or incxhi ed by Developer and others for such Public huprovements are reimbursed from fees paid (or credits for said fees) to the City in connection with the development of the property benefited by such Public Improvements. F. The Property is adjacent to C.R. 367; therefore, Developer is not required to design or conshuct any thoroughfares or arterials adjacent to dre Property, The Property does not include any major thoroughfares or arterials shown on the City's Thoroughfare Plan; therefore, Developer is not required to design or construct any thoroughfares or arterials within the Property, 1 010132.00069:758307.07 r � G. Developer and flee City desire to set forth their respective obligations with respect to development of the Property and design and construction of the Public Improvements, including the obligation of Developer to pay certain capital improvement fees and the right of Developer and others to be reimbursed for costs of providing the Public Improvements. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in this Agreement, the City and Developer• agree as follows: 1. DEVELOPMENT FEES. The City agrees that the following water capital improvement fees, wastewater capital improvement fees, road capital improvement fees and park fees (collectively, the "Devebflment Fees") shall apply to fire development of the Property. Developer agrees to pay to the City the Development Fees to insure that the Public Improvements are available to provide water and sanitary sewer• service to the Single Family Development. (a) Water Capital Improvement Fees. The "Water Capital Lnprovement Fee" for all devebpment within the Property shall be fixed at $1,000 per lot for the full build out of all lots within the Pioper•ty. Water Capital Improvement Fees will be paid in the amount of $500 per lot when the final plat for the subdivision is recorded and $500 per lot when each residential building permit is issued. (b) Wastewater Capital Improvement Fees. The "Wastewater Capital Improvement Fee" for j all development within the Property shall be fixed at $1,000 per lot for the full build out of all lots within the Property. Wastewater Capital Improvement Fees will be paid in flee amount of $500 per lot when flee final plat for the subdivision is recorded and $500 per lot when each residential building permit is issued. (c) Road Capital Improvement Fees. The "Road Capital Improvement Fee" for all development within flee Properly shall be fixed at $500 per lot for the frill build out of all lots within the Property. Road Capital Improvement Fees will be paid in the amount of $500 per lot when each residential building permit is issued. (d) Park Fees. The "Park Fee" for all development within the Property shall be fixed at $100 per lot for the full build out of all lots within the Properly. Park Fees will be paid in flee amount of $100 per lot when each residential building permit is issued. In addition to Park Fees, Developer shall provide open space actor cling to the terms of Section 5 of this Agreement, (e) Escrow Account. All Water Capital Improvement Fees and Wastewater Capital Improvement Fees paid pursuant to the terms of this Agreement shall be deposited into an escrow account (the "Escrow A000unt"',J. The Escrow Account shall be established by the City and shall be used only to pay costs associated with design, conshuctlon, and inspection of the Public Improvements, including interest and fnrancial administration costs incurred as a result of loans requued to fund the Public Improvements. Upon written request of Developer•, the City shall submit to Developer an accounting of all funds paid ffom fire Escrow Account, including copies of invoices paid and checks issued in payment of such invoices. 2 010132,00069:758307.07 �� (f) Fee Limitations. The obligation of Developer to pay the Developer Fees as required by this Agreement shall constitute the sole and exclusive obligation of Developer with respect to payment of the costs and expenses related to the design and construction of the Public Improvements. The City has the obligation to pay the amount by which the actual costs and expenses to design and construct the Public Improvements exceeds the Developer Fees. The City agrees that upon payment of the Development Fees, Developer shall have no further obligations with respect to the costs or expenses of the Public Improvements and that the City shall not condition the issuance of any development permits upon the payment by Developer of any additional amounts. The City further agrees (pursuant to the authority of Section 380 ofthe Texas Local Government Code), that to the extent capital improvement fees or any other form of capital recovery fees or charges are assessed and collected against the Property, the City shall rebate to the Developer such additional fees or charges. 2. WATER. (a) Developer Obligations. Developer will be responsible for all on -site water improvements required to serve the Property. Developer will have no obligations witli respect to off -site water improvements other than the payment of the Water Capital Improvement Fees described above, • Since Developer is constructing all on -site water improvements, the City will not charge water tap or capital improvement fees associated with such water kiprovements, except those Water Capital Improvement Fees described in this Agreement. At Developer's option, Developer shall install water meters and associated appurtenances, to be furnished by the City at cost plus 10%, to serve each lot within the Single Family Development or shall pay the City a meter installation fee of$200 at the time ofissuance ofbuilding permits in which case the City shall be responsible for meter installation. If any additional tap fees or capital improvement fees, or any increases in the meter installation fee (beyond the $200 per meter), are imposed by the City on the Property, the City shall promptly refund to Developer all such capital improvement fees, tap fees, and increases in the meter installation fees that are paid. (b) City Obli atg ions. The City agrees to provide potable water to serve the Property in an amoimt, quality, and quantity to meet Texas Commission on Environmental Quality ("TCBO") and Texas Department of Insurance standards, The City will be responsible for such water supply to the Single Family Development as long as the Property is part ofthe City. 3. SANITARY SEWER. (a) Developer Obligations, Developer will Ue responsible for all on -site wastewater improvements required to serve the Property. Developer will have no obligations with respect to off -site wastewater improvements other than the payment ofthe Wastewater Capital Improvement Fees described above, 3 010132.00069:758307.07 Since Developer is constructing all on -site wastewater improvements, the City will not charge sanitary sewer tap or wastewater capital improvement fees, except the Wastewater Capital Improvement Fees described in this Agreement. If additional tap fees or capital improvement fees are imposed by the City on the Property, the City shall promptly refttnd to Developer all such tap fees or capital improvement fees. (b) City Obli ate ions. (i) Sewer Lines. The City shall allow Developer to utilize the sewer line from the Property to both planned Throckmorton Creek lift stations. (ii) Reservation of Additional Permanent Wastewater Treatment Capacity. The City agrees to construct or cause to be constructed additional permanent wastewater treatment capacity adequate to serve the Single Family Development, which additional capacity (the "Additional Capacity") will be at least 500,000 gallons per day. The City has applied for a new discharge permit from TCEQ that will' .Include the Additional Capacity, and the City will use all reasonable efforts to cause the new permit to be finally approved by TCEQ as soon as possible. The City represents and warrants that idnds for the construction of the Additional Capacity are currently available and have been dedicated for such purpose. The City will use all reasonable efforts to (a) award a contract for construction of the Additional Capacity within 30 days after the Effective Date of this Agreement and (b) complete construction of the Additional Capacity no later than December 31,2003. The Additional Capacity shall be reserved for the Property for a period ending five years from filing ofthe final plat at the Collin County Clerk's office of the } last phase ofthe Single Family Development. (iii) Reservation of Temgorar�Wastewater Treatment Capacity. Until such time as the Additional Capacity is available, the City agrees that wastewater flows from the Property will be treated by the City's existing wastewater treatment plant. In connection with the use of such existing capacity, Developer shall have the right to construct, as part ofthe Public Improvements that are eligible for reimbursement under this Agreement, an extension of an existing wastewater force main through which wastewater from the Property will flow to the City's existing treatment plant. 4. ROADS. Developer will be responsible for all on -site road construction required to serve the Single Family Development, which will include a 37-foot collector and 27-foot back-to-back rolled or mountable curb and gutter concrete pavement as shown on the preliminary plat filed with the City on February 25,2003, and described on the attached Exhibit D, In addition. Developer will dedicate a 4046ot wide right -of --way for C,R, 367 along the perimeter of the Property, Developer will have no obligations with respect to off -site road improvements other than the perimeter road dedication along C.R. 367 and the payment of the Road Capital Improvement Fees described above. 5. OPEN SPACE. Developer shall dedicate for public use and maintenance that open space between the east line of the SCS easement recorded at Volume 547, Page 67, ofthe Collin County Real Property Records 010132.00069:758307,07 and the centerline of Throckmorton Creek (the "Open Space"'). The Open Space will be dedicated when the final plat for the subdivision is recorded. Other than the Open Space dedication and payment of the Park Fees, Developer will have no obligations with respect to off - site open space and/or parkland improvements. 6. CONSTRUCTION OF PUBLIC IMPROVEMENTS. (a) Design and Construction. The City shall design and construct all Public Improvements consistent with the City's subdivision regulations and generally accepted engineering practices. If the City fails to timely perform its obligations imder this Agreement with respect to the design and construction of the Public Improvements, then (i) upon Developer's written notice thereofto the City, the City's right to obtain draws from the Escrow Account shall cease and terminate, (ii) the then remaining funds in the Escrow Account shall be immediately retumed to Developer (or the owner who paid the funds in question into the Escrow Account), and, (iii) Developer shall have the right (in addition to its other rights and remedies), but not the obhgation, to perform the City's obligations that it has so failed to perform on behalf of and for the account of the City. If Developer elects to pursue its self-help remedy under clause (iii) of the immediately preceding sentence, then the City shall pay to Developer on demand all amounts expended by Developer in performing such obUgations on behalf of the City, together with interest thereon at the maximum non-usuiious rate permitted by appUcable law, from the time such amounts are expended by Developer until Developer is reimbursed therefor by the City, provided that the City has approved (which approval shall not be unreasonably withheld) the contractor for the project along with the plans and specifications. (b) .Condemnation. Developer agl•ees to use reasonable efforts to obtain all third -part right -of --way, ifany, required for the Public Improvements, If, however, Developer is unable to obtain such third -party right -of --way, the City agrees to secure such right-of-way (subject to city council authorization) through the'use of the City's power of condemnation. Developer shall be responsible for all reasonable and direct costs and expenses paid or incurred by the City in the exercise of its condemnation powers and shall escrow with a third party the City's reasonable estimated costs and expenses as funds are needed by the City (but in no event later than the date the City files a petition for condemnation with the appropriate County Court at Law). Developer shall have the right, but not the obligation, to manage, on behalf of the City, the expenditure of such escrowed ftmds including, but not limited to, the selection and payment of appraisers. Developer may select attorneys for condemnation if agreed to by the City Attorney, provided however that in such event the City Attorney shall monitor and approve the activities of Developer's selected attorney. The City will use all reasonable efforts to expedite such condemnation procedures so that the Public Improvements can be constructed as soon as possible. If the City's costs and expenses exceed the amount of escrowed funds, Developer shall deposit additional funds within 10 days after written notice from the City, Any unused escrow funds will be refunded to Developer with 10 days after any condemnation award becomes final and nonappealable. Nothing in this Section 6(b) is intended to constitute a delegation of the police powers or governmental authority of the City, and the City reserves the right, at all fimes, to monitor and control the activities of Developer in accordance with the laws of the State of Texas. 5 010132.00069:758307.07 (c) Reimbursement Amount. The City acknowledges and agrees that Developer, at Developer's option, may design and construct all or any portion of the Public Improvements through cost sharing agreements with participating developments provided the City has not initiated construction of such Public Improvements, The City also acknowledges and agrees that Developer shall be entitled to be reimbursed for certain costs and expenses paid or incurred by Developer in connection with the design and construction of such Public Improvements which shall be deemed to include, but not be limited to, costs and expenses paid.or incurred for or in connection with (i) third -party right-of-way and right-of-way acquisition, (ii) design, (iii) engineering, (iv) construction management, (v) legal, (vi) all review and inspection fees paid to the City, and (vii) all similar costs and expenses paid or incurred by Developer (collectively, the "Reimbursement Amount"), The Reimbursement Amount will be adjusted to reflect actual costs and expenses when the PubHc Improvements have been completed, approved by the City Engineer or his agent and accepted by the City and when all the eligible costs and expenses that are deemed by this Agreement tb be included as part of the Reimbursement Amount have been finally determined. (d) Source of Developer Reimbursement. Developer is entitled to reimbursement of the finally adjusted Reimbwsement Amountfiromthe following sources, but only to the extent needed for such reimbursement: (i) first, in the form of credit to Developer against the $1,000 per lot Water Capital Improvement Fees and Wastewater Capital Improvement Fees due at the time of final plat recordation; (ii) second, in the form of a payment to Developerfi:om fijnds deposited in the Escrow Account; (iii) third, in the form of a payment to Developer from the $1,000 per lot Water Capital Improvement Fees and Wastewater Capital Improvement Fees } collected fl-om builders at the time building permits are issued; and (iv) fourth, in the form of payments to Developer from amounts collected firom other owners, developers, or builders who, at any time in the fiature, tap into or indirectly use the Public Improvements, whether such payments take the form of pro rata payments, capital improvement fees, or any other form of capital recovery. Payments by the City to Developer shall be made within'30 days after the amounts have been collected by the City. Notwithstanding the foregoing, however, Developer is not entitled to be reimbursed in excess of the finally adjusted Reimbursement Amount. To the extent the sources of reimbursement set forth in clauses "(i)", "(ii)"> "(iii)" and "(iv)" above exceed the finally adjusted Reimbursement Amoimt, such excess shall accrue to the benefit of the City and shall be retained by the City for construction or payment of additional wastewater treatment capacity. 7. CONSTRUCTION OFPROJECT IMPROVEMENTS. Ifthe City desires to employ an engineer and/or other qualified persons) to provide inspection of the construction ofon-site sanitary sewer lines, water lines, drainage facilities and public roads situated within the Single Family Development (collectively, the "Project Improvements" ), the City may do so. Developer shall pay to the City an inspection fee ofthree percent (3%) oftotal "hard costs" of construction of the Project Improvements (specifically excluding design and engineering expenses and expenses related to obtaining easements or rights ofway). Upon completion of the Project Improvements, Developer will certify to the City the total "hard costs" of all construction. Upon receipt ofthe certification called for herein and acceptance by the City of the Project Improvements, Developer shall pay the inspection fee and convey to the t3 010132.000 G9; 758307.07 City Developer's right, title, and interest in all public Project Improvements, free and clear of any and all liens and monetary encumbrances, and the City shall take over and assume full responsibility for the operation and maintenance of the improvements. Developer agrees to transfer any and all of its right, title, and interest in the Project Improvements to the City at the time the City takes over the operation and maintenance of such public Project Improvements. 8. EFFECTIVE DATE. Notwithstanding anything to the contrary contained herein, this Agreement shall be effective only upon the satisfaction of each ofthe following conditions; (a) the approval ofthis Agreement by the City Council of the City such that it is the binding and enforceable obUgation ofthe City; and (b) the acquisition of the Property by Developer or its assignee under the Contract, The date on which the last of the foregoing conditions is satisfied is called the "Effective Date". Developer shall advise the City as to the date of acquisition of the Property by Developer or its assignee. 9. RELEASE. Upon the iu 11 and final satisfaction by the City and Developer of all their respective obligations and covenants under this Agreement, the City and Developer shall execute a release of this Agreement (in recordable form) terminating this Agreement as to the portion ofthe Property in question and fully releasing the City and Developer, their successors and assigns, fiom any ftirther obUgation or covenants hereunder relating to the portion of the Property being released. j The release contemplated by this Section 9 shall, at Developer's request, be effective with respect to a specific phase of the Single Family Development, as applicable, upon final satisfaction by the City and Developer of their respective obligations with respect to such phase ofthe Property. 10. SUCCESSORS AND ASSIGNS. Ail obligations and covenants of Developer under this Agreement shall constitute covenants running with the land, and shall bind Developer and each successive owner of all or 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 fi:om 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. Without limiting the generality of the foregoing: (a) Developer may assign this Agreement to the party to whom Developer assigns its rights as purchaser under the Conti -act; and (b) Developer as well as any successor owner of all or a portion of the Property who is boimd by this Agreement (Developer or any such successor owner is referred to herein as the "Owner") may assign this Agreement either in its entirety (if the assignee is to own all of the Property) or in part (ifthe assignee is to own only a portion ofthe Property) and in such event (i) the Owner conveying such portion of the Property shall be automatically released from the obligations of"Developer" as to all or a portion of the Property as applicable), and (ii) the assignee to whom this Agreement is so assigned in whole or in part shall be deemed to have assumed the obligations of"Developer" as to the portion of the Property wliich is owned by such assignee, hi the event of any partial assignment ofthis Agreement, then notwithstanding anything to the contrary contained herein, the obligations of Developer imder i7 010132,00069: 758307.07 frus Agreement shall be the several (and not the joint and several) obligations of eadi such t- Developer. ' The terms and provisions ofthis Agreoneint shall otherwise bind and inure to the benefit ofthe City, Developer and their respective successors and assigds. Each person signing this Agreement represents and warrants tihat (i) he/sha has the authority to enter into this Agreement on behalf of (and to bind) the party on whose behalf such person is signing this Agreement, and (li) no fturther authorization or consenf from anyone else is riecessaiy to make this. Agreement the binding obligation ofthe party on whose behalf such person is signing this Agreement. ' / 11, COMPLETE.AGREEMENT: This Agreement embodios the entire Agreement between the parties hereto and cannot be varied or terminated except by the written agreemeait ofthe parties. The City acknowledges the terms of this agreement have been adopted pin-suaat to Texas Local ' Government Code Section 380.001. If any provision ofthis Ageeemeait is illegal, invalid; or unenforceable, then the remainder of this Agreement shall not be affected, and, there shall be added as a part of this Agreement aprovision as similar in, terms to such illegal, invalid, orunenforceable provision as may be possible and be legal, valid, and enforceable, - . n. ,COUNTERfARTS. This Agreement may be separately executed in any number ofcounteiparts and by the different } parties hereto in separate counterparts, each of which when so executed shall be deemed to constitute one and the same agreement. INWIXISIESS WHEREOF, the City and Developer have executed this Agreement tobe.effeptive as ofthe Effective Date. AINICA96 OWITVE: + ' By: AU4 Name: Don W. Collins Title; Managing Venturer CITY OF ANNA, TEXAS N^:f?^eira.e!thPelhCun Tm^-. Mayor 8 OlOr32,00063:759307.07 EXHIBIT A Property Illustration wage waterm6oftelooleagage US "WAY 76 ' .... , ito's to et all � 1 ' we mar, b we 44 age hrockmortorr Crook w{I`,� �l/ �llll�lllt I�JlI r�r 1 Ir 111 �. MINOR WIF�� MIND " I "yi:"lllt 41110111 iiiiiin 1 �y ^ r ) ~� oPll rr tillll C�;11 lirrrrrrrrrrrru�rrrrr " „M r YY = Mw iiial Io r RSOON o� "�� M wnlPl� �r ■IAyP OP r. r 11p...nMINOR P� �,Alflllil I�IIl1�r„ is 11 1 f #111 idyl f +i I ' Exhibit A -Page I 010132,00069:758307.07 EXHIBITS Property Descri t9 loriS 11 ! I Mill ;szdjsjN76 le soft �mdiH. kdC'mwlWih Mn* it Pc't W rY cnt CivalDn� 1ga ,0" sh�trWd Oy r►��a entf �artd�r a � j 1�anlrKalu>t n ►lr I ff (0) �F v c t' oar �.r�^ of -'w►r �� ,��6ii �d�, tntt 7!Hutt i • Mlih. h Di rYt/M Um of41c<Ac* OmtIOIXSwn* ICI. 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I z D u j: > Q z= W " (A0 (A LLM o o u- O O U rn oo 00 M 0 MINUTES PLANNING AND ZONING COMMISSION REGULAR MEETING June 2, 2014 The Planning and Zoning Commission of the City of Anna held its regular meeting on June 2, 2014, at 7*00 p.m., at the Community Room of the Anna City Hall Administration Building located at 111 North Powell Parkway (14wy 5), to consider the following items. 1. CaII to order and establishment of quorum. The meeting was called to order at 7:01 p.m. by Chairman Burr. Members present were Justin Burr, Elaine Gothard, John Johnson, Darrin Colombo and Lee Miller. Sandy Setliff and Tiffany had excused absence. Staff present was Maurice Schwanke. 2. Invocation and Pledge of Allegiance. Mr. Schwanke gave the invocation and led the Pledge of Allegiance. 3. Consider/Discuss/Act on recommendation regarding "Phebus Addition" development plat. Mr. Schwanke gave the invocation and led the Pledge of Allegiance. The development plat submitted is located within the extraterritorial jurisdiction of the City. The tract is in the W.W. Roberts Survey, Abstract No. 785 and contains approximately 5.079 acres of land. The property is located at 8677 County Road 512. The owner is proposing to build a house and several out building structures on the tract. The plat meets the City of Anna development plat requirements. Mr. Schwanke noted that the Staff recommends approval of the development plat. A motion was made by Mr. Colombo, seconded by Mr. Johnson to recommend approval of the development plat. The vote was unanimous. 4. Consider action to approve Minutes of the following meetings. m April 7, 2014 ® May 12, 2014 A motion was made by Chairman Burr, seconded by NIr. Colombo to approve the above Minutes as submitted. The vote was unanimous. 5. Adjourn There being no further business, a motion was made by Chairman Burr, seconded by Mr. Johnson to adjourn meeting. The meeting adjou • ied at 7:07 p.m. ATTEST: Maurice Schwanke Director of Planning and Development 14.doc Page 1 of 1 06-02-14 Council Meeting: July 22, 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 6 (a & b) City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanke Date Prepared: 07/15/14_ Exhibits: ■Yes ❑ No AGENDA SUBJECT: (a) Public Hearing: To hear public comment on land use assumptions and capital improvement plan for proposed adoption of roadway impact fees and presentation by staff regarding same. (Maurice Schwanke) (b) Consider/Discuss/Action on a Resolution adopting Roadway Land Use Assumptions and roadway Capital Improvement Plan. (Maurice Schwanke) SUMMARY: In accordance with Subchapter C, Section 395.044 of the Texas Local Government Code, a public hearing to consider Land Use Assumptions and a Capital Improvement Plan under which a Roadway Impact Fee may be imposed is required. The staff has prepared the Land Use Assumptions while the City's Consulting Engineer prepared the Capital Improvement Plan. The assumptions and Plans for Roadways only include the area within the City Limits. These documents are attached for your review. A subsequent Roadway Impact Fee Public Hearing is proposed for September 9th for action on the adoption of a Roadway Impact Fee if the Council decides to adopt a Fee. IMPACT FEE ADVISORY COMITTEE: On June 2°d the Impact Fee Advisory Committee reviewed the attached documents and recommend the approval of the Land Use Assumptions and the Roadway Capital Improvement Plan. A report letter from the Impact Fee Advisory Committee is attached. RECOMMENDED ACTION: Approval of the Land Use Assumptions and a Capital Improvement Plan for Roadways. INSTRUCTIONS TO NEWSPAPER: Please publish this Public Hearing notice at the next available date. Please bill the City of Anna. PUBLIC HEARING CITY OF ANNA NOTICE OF PUBLIC HEARING ON LAND USE ASSUMPTIONS FOR ROADWAY IMPACT FEES AND ROADWAY IMPACT FEES CAPITAL IMPROVEMENT PLAN The City of Anna City Council will conduct a public hearing on Tuesday, July 22"`�, 2014 at 7*30 p.m. at the Anna City Hall Administration Building, located at 111 North Powell Pkwy (Hwy 5). The purpose of the hearing is to consider Land Use Assumptions for Roadway Impact Fees and Roadway Impact Fees CIP. Any member of the public has the right to appear at the hearing and present evidence for or against the Proposed Roadway Land Use Assumptions and Proposed Roadway Impact Fee CIP. Persons with a disability who want to attend this meeting who may need assistance should contact I Secretary at 972-924-3325 two working days prior to the meeting so that appropriate arrangements can be made. Persons unable to attend the hearing may submit their comments in writing to the City Secretary, P.O. Box 776, Anna, TX, 75409 or through personal deliver at the Anna City Hall, 111 N. Powell Parkway, (Hwy 5) Anna, TX, 75409 two working days prior to the meeting. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS ADOPTING LAND USE ASSUMPTIONS AND ROADWAY CAPITAL IMPROVEMENT PLAN FOR PROPOSED ADOPTION OF ROADWAY IMPACT FEES, WHEREAS, The City has adopted Impact Fees in the Past; and WHEREAS, The City wishes to adopt updated Land Use Assumptions and Capital Improvements Plan for adoption of Roadway Impact Fees, and WHEREAS, The State of Texas Local Government Code Section 395 has outlined the procedures for Adopting Impact Fees, and WHEREAS, the Impact Advisory Committee has review the Land Use Assumptions and Capital Improvements Plan and made recommendations; now therefore 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. Land Use Assumptions. The Land Use Assumptions are adopted Section 3. Capital Improvements. The Capital Improvement Plans for Roadways are adopted. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 22"d day of July, 2014. ATTEST: Natha Wilkison, City Secretary APPROVED: Mayor, Mike Crist 0 V tr iu � C W V v 4m=J 4� L V bA 0 .,=J Q - � V +NJ _ 4J U 4� � ' 4= U Q U Lj� 4� 4-J V c Q lu lu lu c� V) — lu G� 0 G 0 l] n • =QI n- C a; V G 1_ W • i 4-- o�ormq` o rnrn m d 00 N s a � a ood-o F- N O 0) r-I r*�% O d' n 01 d r-i c-i (Y) O v 0. a, �44f 44::! 00 0 �m — 000 > 0 c13 +J a� +, c Ln � tt= U v� Q O U V C IN oil • o r 'sI . '; •le •. W U O M Ow M I� x E :� O x O � C 2 611111111111111 C6 Q� U �'n' • U O O LA i >�siIIIIIIIIIIIIII >O 00 {I j. Ql ci L U O II II II p win 4mJ co0 EMISSIONS Cis) E Co y_Q O EU 0>� Q CL O>� p O ._ 0 IS O O Lin a) CA LIM �U O �U Ln N O rmi N� fkk "' •� I I O I I Q LO V G M C c �l N N 0 W V h O l0 1� M m O Ln r-I N N w > O 00 lqtd. 01 Co 00 m Ql M N r-I w D M r-i q;3m W N m r-1 rmi � N O O r-I >- V m LLLM l0 l� 00 M � (AO O O l0 d: d: O d' M O C O O cn a coo cc O V = 00 0 d; � 0 0 lzt 0 O r-1 l� rmi Z M M M O rl M M N m m N N N W �1 a pC W O N O1 0) M O Ln c-i I� Lei O 1 1 E— Q o Qo d m oo rn r-0 oo La Laicrm r-i O c-i 0 N N O rn m O O O O FM CrL LI LLLL LaL LLLL LaL l¢L IQL Ua LLLL F bn w N r14 N�.+ N E N N N C: c 'N J -- O 0 0 0 0 O O O � � 'O > 0 00000' 0 cncio G r•i r-i ri r-i r-i r ml r-i r-i N Q E W � M N i O t! Z J a N J [J N OL 4 p c�roi +O' � N i aai p LL m J m '� Q — tB O: >- J Q1 + a) Q N N a J a-J Z p U N o Q 4-LLJ o O O N t H V ca o WW cn Q W O c U Q �c ul N cn LL V ui LL O ix 0 V Z z C cn ROADWAY, WATER, AND WASTEWATER LAND USE ASSUMPTIONS January 2014 Advisory Committee Justin Burr —Chairman &Planning and Zoning Commissioner Sandy Setliff — Member from Real Estate Community & Planning and Zoning Commissioner Tiffany Burleson —Planning and Zoning Commissioner Elaine Gothard — Planning and Zoning Commissioner John Johnson — Planning and Zoning Commissioner Darrin Columbo — Planning and Zoning Commissioner Lee Miller — Planning and Zoning Commissioner Gary Billups — Member from Extraterritorial Jurisdiction Staff Philip Sanders —City Manager Kenny Jenks — Police Chief — Deputy City Manager Tim Gothard — Fire Chief Maurice Schwanke — Director of Planning and Development Rob Woods — Public Works Director Clayton Fulton —Finance Director Page 1 of 15 LAND USE ASSUMPTIONS FOR IMPACT FEES PURPOSE The purpose of this study is to analyze both existing and future land use, and to forecast growth trends for the City of Anna. This land use data provides a basis for determining and scheduling the capital improvements required to serve the existing and future population of the City of Anna. This study fulfills the requirements of Chapter 395 of the Texas Local Government Code which prescribes the process by which cities in Texas must formulate impact fees. The purpose of impact fees is to provide an equitable funding method for fixture capital improvement facilities for: water transmission, distribution, production and storage; wastewater collection, transmission and treatment, and thoroughfares to serve new developments in the City of Anna. These land use assumptions, which also include population, and basic, service, and retail land use projections, will become the basis for the preparation of impact fee capital improvement plans for water, wastewater, and roadway facilities. To assist the City of Anna in determining the need and timing of capital improvements to serve future development, a reasonable estimation of fixture growth is required. The purpose of this report is to formulate growth and development projections based upon assumptions pertaining to the type, location, quantity and timing of various future land uses within the community, and to establish and document the methodology used for preparing the growth and land use assumptions. ELEMENTS OF THE LAND USE ASSUMPTIONS REPORT This report contains the following components: I. Methodology -- Explanation of the general methodology used to prepare the land use assumptions. II. Data Collection Service Area Maps (Figures 1, and 2) -- Explanation of division of the City into impact fee service areas for roadway, water and wastewater facilities. III. Base Year Data -- Information on population, employment, and land use for Anna as of 2014 for each capital facility service area. IV. Ten -Year Growth Assumptions -- Population and employment growth assumptions for ten years by impact fee service areas. V. Summary --Brief synopsis of the land use assumptions report. Page 2 of 15 I. METHODOLOGY Based upon the growth assumptions and the capital improvements needed to support growth, it is possible to develop an impact fee structure which fairly allocates improvement costs to growth areas in relationship to their impact upon the entire infrastructure system. The database and projections in this report have been formulated using reasonable and generally accepted planning principles. These land use assumptions and fixture growth projections take into consideration several factors influencing development patterns, including the following: • The character, type, density, and quantity of existing development • Existing zoning patterns • Anticipated fixture land use (as shown on the City's Future Land Use Plan) • Availability of land for future expansion • Current and historical growth trends within the City • Building permit activity trends • Basic, Retail, and Service land use absorption rates • Physical holding capacity of the City • Known or anticipated development projects Following is the general methodology used for the preparation of this report: 1. Update impact fee service areas as necessary for roadway, water and wastewater facilities (see Section II -- Service Area Maps). 2. Collect/determine benchmark data on population, basic, retail and service land use as of 2014 (see Section III --Base Year Data). 3. Project population and basic, retail and service land use growth for ten years by impact fee service area (see Section I v -- Ten-Year Growth Assumptions). More detailed discussion for each of the above is contained within the respective sections. Page3of15 II. SERVICE AREA MAPS Service Area Maps Figure 1, entitled "Roadway Impact Fee Service Area Structure", details the two (2) service areas for roadway facilities. Although the capital improvements plan and impact fees will be prepared as a separate document for roadway facilities, the geographic boundaries of the roadway service areas are shown as Figure 1. Figure 2 show the service areas for water and wastewater facilities. The boundary for water and wastewater facilities service area is the combination of the existing city limits and the extraterritorial jurisdiction. Documents containing the capital improvements plan for water and wastewater facilities will also be prepared separately. Data Format The existing data base, as well as the fixture projections, was formulated according to the following format and categories: Service Area Correlates to the proposed roadway, water and wastewater service areas identified on the attached maps. Housing Units (2014) All housing units including single-family, duplex, multi -family and group quarters. The number of existing housing units has been shown for the base year (January 1, 2014). Housing Units (2024) Projected housing units by service zone for January 2024 (ten-year growth projections). Population (2014) Existing population for the base year (January 2014). Population (2024) Projected population by service area for the year 2024 (ten-year growth projections). Employment (2014, 2024) Employment data is aggregated to three employment sectors and include: Basic, Retail and Service. The following details which North American Industry Classification (NAIC) codes fall within each of the three sectors. Basic 0210000 to #422999) -- Land use activities that produce goods and services such as those that are exported outside the local economy; manufacturing, construction, transportation, wholesale trade, warehousing and other industrial uses. Retail 0440000 to #454390) -- Land use activities which provide for the retail sale of goods that primarily serve households and whose location choice is oriented toward the household sector such as grocery stores, restaurants, etc. Service (#520000 to #928199) -- Land use activities which provide personal and professional services such as financial, insurance, government, and other professional and administrative offices. Page 4 of 15 w w w w H A W H d 0 U U �., O II 11,11EMSTWOT491 1. This section documents the City's historical growth trends and data from the base year of January 1, 2014. This "benchmark" information provides a starting basis of data for the ten-year growth assumptions that will be presented within the following section. Population Growth The existing and past population levels for Anna are depicted in Table 1. As indicated, between 1940 and 2010 the population growth has been substantial, increasing from 509 persons in 1940 to 8,249 persons in 2010. The 2013 estimated population estimated the North Central Council of Governments is 9,360 persons, which represents a significant increase (13.5%) since the 2010 estimate. Currently, the total population is estimated to be 10,300 based on the housing count prepared in this report. This estimate uses an average household population of 3.15 and an occupancy rate of 94 percent. Additionally, within the City and the ETJ the population is estimated to be over 13,632 persons. YEAR POPULATION 1940 509 1950 525 1960 639 x 1970 736 1980 855 1990 904 2000 15225 ' 2010 85249 ' 2013 99360 *' 2014 109300 YYY * Source: U.S. Census ** North Central Texas Council of Governments Population Estimates *** The January 2014 population estimate shown above was derived using data from this 2014 Land Use Assumptions Report. Source: City of Anna Existing Land Use In any evaluation and projection of firture land use patterns, a documentation of existing conditions is essential. Documentation of existing land use patterns and population was made from the City's Comprehensive Plan as amended and used as a base line for future growth projections. Table 2 represents a summary of existing population and employment acreages for Anna and the associated water and wastewater planning areas. The appendices detail data by various impact fee service areas. Page 7 of 15 TABLE 2 ANNA EXISTING POPULATION & EMPLOYMEIN T-LU14 Roadway Boundary - City Limits Housing Units 3,479 Population 105300 Total Employment Acreage 101.6 Basic Employment Acreage 37.5 Retail Employment Acreage 44.7 Service Employment Acreage 19.4 Water Boundary — City Limits and ETJ Housing Units 4,604 Population 13,632 Waste Water Boundary— City Limits and ETJ Housing Units 4,604 Population 13,632 Source: City of Anna IV. TEN-YEAR GROWTH ASSUMPTIONS Growth is characterized in two forms: population (residential land use) and employment (nonresidential an use). A series of assumptions were made to arrive at reasonable growth rates for population and employment. The following assumptions have been made as a basis from which ten-year projections could be developed. _Future land uses will occur as identified on the Future Land Use Plan adopted in 2010 with updates _ The City will be able to finance the necessary improvements to accommodate growth, _ School facilities will accommodate increases in population, and _ Densities will be as projected as detailed in the Comprehensive Plan. The ten-year projections, or land use assumptions, are based upon the establishment of a reasonable growth rate which is based upon past trends or other considerations. Given the impact on growth due to the economic fluctuations in the late 2000's, analysis of annual growth based on data from building permit data and U.S. Census was undertaken to provide further insight into growth trends experienced within the City. The single-family building permit activity since 2005 in Anna has fluctuated with time, going from 506 in 2005 to as low as 7 in 2009. Table 3 represents this fluctuation ingrowth and the data used to find the average number of permits over the nine-year period, of 232 building permits. Several different scenarios were produced to estimate the future population using a range of building permits from 200 to 300 and also percentage increases of 6, 7 and 9 as shown in Table 4. The scenario that best fits the last two years of building permits and the anticipated growth is the 7 percent therefore it was the growth rate used for this analysis. Page 8 of 15 TABLE 3 ANNA BUILDING PERMIT RECENT HISTORY Year Single Family Building Permits 2005 506 2006 346 2007 148 2008 77 2009 7 2010 26 2011 100 2012 351 2013* 300 Average 232 *Projected for Years End. SOURCE: Planning and Development Department TABLE 4 ANNA POPULATION PROJECTIONS Year 200 unit/ r 300 units/ r 5%after 2013 6%after 2013 7%after 2013 9%after 2013 2014 109300 10,300 10,300 10,300 10,300 105300 2015 105900 11,200 10,815 10,918 11,021 11,227 2016 11,500 121100 11,356 11,573 11,792 125237 2017 12,100 13,000 11,924 125267 12,618 13,339 2018 12,700 135900 12,520 13,004 135501 14,539 2019 13,300 145800 135146 135784 145446 15,848 2020 13,900 159700 135803 14,611 15,458 175274 2021 14,500 16,600 14,493 151487 16,540 18,829 2022 15,100 17,500 15,218 16,417 17,697 20,523 2023 155700 185400 155979 17,402 18,936 223371 2024 16,300 19,300 16,778 18,446 20,262 249384 Source: City of Anna Page 9 of 15 FIGURE 3 ANNA POPULATION PROJECTIONS 30,000 25,000 20,000 200 unit/yr y. 300 units/yr 15,000 �- �5% after 2013 6% after 2013 7% after 2013 r_ 10,000 e=C�,9% after 2013 5,000 0 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Source: City of Anna The development often -year housing estimates were calculated using the seven percent growth rate derived above. However the growth was not projected to occur evenly throughout the roadway service areas of the city. While growth will generally occur throughout the city, the current city staff provided knowledge of the key growth areas within the community. Many new developments are in the planning phases with preliminary plats being currently submitted. The following is a list of the major projects interests: • Lake View Preliminary Plat — 168 lots • West Crossing Phase 4 —Final Plat Construction Plans under review — 701ots • Anna Crossing Phase I & 1 B Preliminary Plat — 175 lots • Anna Crossing Phase IA Construction Plans under review • Anna Crossing Phase 2A Construction Plans under review — 59 lots • Discussions on future phase of North Point Crossing — 498 lots • Discussions on Villages of Hurricane Creek — 1,008 lots • Discussions on Oak Ridge — 2,635 lots Page 10 of 15 Other conversations with developers are occurring regularly on other large land holdings. The ten-year population estimates were determined by growing service areas to represent current development patterns while also maintaining the 7 percent overall growth rate. The household growth figures are shown by roadway service area in Table 5. PROJECTED GROWTH BY SERVICE AREA SERVICE AREA 2014 HOUSEHOLDS ANTICIPATED DEVELOPMENT PERMITS 2024 HOUSEHOLDS ANNUAL GROWTH RATE 2014-2024 A 123 595 718 19.29% B 68 320 388 19.02% C 19704 625 29329 3.17% D 19193 525 19718 3.71% E 522 650 15172 8.42% F 321 175 496 4.45% G 184 535 719 14.60% H 377 50 427 L25% I 104 50 154 4.00% Total 49596 39525 8,121 5.86% Source: City of Anna TABLE 6 ANNA TEN-YEAR POPULATION PROJECTIONS 2014 2024 ROADWAY SERVICE TOTAL AREA HOUSING NEW PROJECTED UNITS POPULATION HOUSING HOUSING POPULATION UNITS UNITS 1 2,752 89148 27015 4,767 145113 2 727 29152 1,350 25077 69149 Total 3,479 10,300 35365 65844 20,262 Source: City of Anna Based on values in the Anna Comprehensive Plan the commercial land use which includes retail and service that Anna has is approximately 0.7 acres per 100 persons and the industrial (basic) category had 0.2 acres per 100 acres. The City has been underserved with retail/office space and the absorption rate is anticipated to be closer to 1.4 acres per hundred persons with 1.2 acres per hundred for retail and 0.2 acres for service. Basic land use per 100 persons is recommended to be .5 acres. It should also be mentioned that the location of the Page 11 of 15 basic, retail and service acreages are not distributed proportionately by area population but by zoning patterns and anticipated developments. TEN-YEAR BASIC/RETAIL/SERVICE LAND USE PROJECTIONS ROADWAY SERVICE BASIC ACRES RETAIL ACRES SERVICE ACRES TOTAL ACRES AREA 2014 2024 2014 2024 2014 2024 2014 2024 1 30.8 57 42.6 190 12.3 27 85.7 274 2 6.7 44 2.1 53 7.1 14 15.9 Ill TOTAL 37.5 101 44.7 243 19A 41 101.6 385 Source: City of Anna V. SUMMARY • Anna presently contains approximately 15.01 square miles of land within the Cit3� limits and a total land area within the city limits and extraterritorial jurisdiction of 60.94 square irides. • The existing population of Anna is approximately 10,300 persons, and the existing estimated acreage of basic, retail and service is 101.E acres within the Cit3� Lunits. • An average annual growth rate of 7 percent was used to calculate the Anna's ten-year population growth projections. • The ten-year (2024) growth projection of Anna is 20,262 persons, and the ten-year projected acreage of basic, retail and service land use is 385 acres. Page 12 of 15 N W � U W � U nT Q ai CL E N N UU O _ m M N Vn O [-O M cr a U O O a /y N U p w � cl U Q R •� C 0 M M O! p C Q. N � O d U O N Q 4tzf, � O F c N yU U tz W FO � N NNC+ E C5 d d r U ° cd d :D a ti H ° O U pp W Q E U �i {3.� N tU. 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Powell Parkway Anna, Texas 75409 June 2, 2014 Re: Roadway Impact Fee Impact Fee Advisory Committee Recommendation Honorable Mayor Cnst and the City of Anna City Council: The City of Aruia Impact Fee Advisory Committee, established in accordance with Section 395.058 of the Texas Local Government Code, met on this date for the purpose of reviewing the proposed 1014 Roadway Impact Fee calculation and report. The Impact Fee Advisory Corrunittee reviewed ille 2014 Roadway Impact Fee Land Use Assumptions prepared by the City of Anna Planning and Development Staff, the 2014 Roadway Impact Fee Capital Improvement Plan, and the calculated Maximum Roadway Impact Fees per service area as prepared by Birkhoff, Hendricks & Carter, L.L.P. Professional Engineers and their traffic engineering sub -consultant, Lee Engineering. On behalf of the Advisory Committee, we find the Roadway Impact Fee Land Use Plan to be consistent with the City's current Comprehensive Plan; and the Roadway Impact Fee Capital Improvement Plan to be consistent with the Roadway Impact Fee Land Use Plan. It is the Advisory Committee's opinion that the maximum roadway impact fees per service area presented in the 2014 Roadway Impact Fee Report prepared by Birkhoff, Hendricks & Carter, LLP in association with Lee Engineering is in general conformance with the requirements of Texas Local Government Code Chapter 395. The Impact Fee Advisory Committee offers no objections. Sincerely Justin Burr Chairman, Impact Fee Advisory Committee 1 Council Meeting: July 22, 2014 Account Code #: N/A Budgeted Amount: N/ Item No. 7 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanke Date Prepared: 07/ 17/14 Exhibits: ■Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action on a resolution setting the date and time for a public hearing on the adoption of proposed Roadway Impact Fees. SUMMARY: Since Roadway Impact additional public hearing for the actual actual Public Hearing for the adoption September 9tn Fees have never been adopted adoption of the fee is required. of the Roadway Impact fee date by the City an Therefore, the is being set for RECOMMENDED ACTION:.Approval of Resolution Setting Public Hearing Date. CITY OF ANNA RESOLUTION NO. Setting Roadway Impact Fees A RESOLUTION ESTABLISHING THE DATES, TIMES, AND PLACES FOR PUBLIC HEARINGS FOR SETTING ROADWAY IMPACT FEES WHEREAS, The City has adopted Impact Fees in the Past; and WHEREAS, The City may wish to adopt Roadway Impact Fees; and WHEREAS, The State of Texas Local Govermnent 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 a public hearing to set Roadway Impact Fees. Section 2. Public hearing regarding the setting of proposed Roadway Impact Fees is hereby scheduled as follow. Public Hearing —September 9th, 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 22th day of July, 2014. AYES ATTEST: City Secretary, Natha Wilkison NAYS ABSTENTIONS APPROVED: Mike Crist, Mayor Council Meeting: July 22, 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 8 (a & b) City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanite Date Prepared: 07/15/14_ Exhibits: ■Yes ❑ No AGENDA SUBJECT: (a) Public Hearing: To consider public comments regarding an ordinance amending the Anna Code of Ordinances by amending Part III-C (Zoning )rdinance), Section 35 by adding Section 35.04 5 (Masonry Content). (b) Consider/Discuss/Action regarding an ordinance amending the Anna Code of Ordinances by amending Part III-C (Zoning Ordinance), Section 35 by adding Section 35.04 5 (Masonry Content). SUMMARY: The front elevations of residential structures masonry content is already controlled by our zoning ordinance. However, on double frontage lots or in areas that visually abut streets rear and side elevations need to be addressed. Malting rear and side elevations match the front elevations in these instances will improve the overall appearance of our City. 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. INSTRUCTIONS TO NEWSPAPER: Please publish this Public Hearing notice at the next available date. Please bill the City of Anna. PUBLIC HEARING CITY OF ANNA AMENDMENT TO THE ANNA CITY CODE OF ORDINANCES The City of Anna City Council will conduct a public hearing on Tuesday, July 22, 2014, at 7:30 p.m. at the Community Room of the Anna City Hall Administration Building located at 111 North Powell Plcwy (Hwy 5) to consider public comments on proposed amendments to the Anna City Code of Ordinances. The public hearing will concern the City Council's consideration of the ordinance describe as follow: AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING, PART III-C; ZONING ORDINANCE, SECTION 35 BY ADDING SECTION 35.04 (f5), (MASORNY CONTENT) 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. This public hearing is an opportunity for citizens of Anna and residents/property owners to comment on the proposed amendments. Persons unable to attend the hearing may submit their comments in writing to the City Secretary, P.O. Box 776, Anna, TX, 75409 or through personal deliver at the Anna City Hall, 111 N. Powell Parkway, Anna, TX, 75409. CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING PART III — C (ZONING ORDINANCE), SECTION 35 BY ADDING SECTION 35.05 f 5 (MASONRY CONTENT); AND PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $2,000; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas (the "City") has previously adopted ordinances, rules and regulations governing the construction of buildings and maintenance; and WHEREAS, the City Council of the City of Anna seeks to protect and provide for the public health, safety, and welfare, including but not limited to the aesthetic development of property within its corporate limits; and WHEREAS, the City Council finds it to be in the best interest of the public to create and maintain a positive community image and identity by requiring architectural treatments that enhance the visual appearance and character of the residential neighborhoods of the City; and WHEREAS, the City Council has determined that the Anna City Code of Ordinances should provide regulations pertaining to architectural design and maintenance; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The above -referenced recitals are incorporated herein as if set forth in full for all purposes. Section 2. Amendments. 2.01 In accordance with Part II, Article 1, Section 9 of the Anna City Code of Ordinances, this ordinance amends Part III - C (Zoning Ordinance) of the Anna City Code of Ordinances by adding Section 35.05(f) as follows: Section 35.05 Residential Architectural Standards (a) House repetition (1) Within residential developments, single family homes with substantially identical exterior elevations can only repeat every four (4) lots when fronting the same right-of-way including both sides of the street. (2) Homes side by side or across the street within one house (directly across the street or "caddy corner" across the street) shall not have EXHIBIT 96A" substantially identical exterior elevations. (b) Roofs (1) Except for porch roofs and shed roofs, pitched roofs shall have a minimum slope of 6" x 12" (six inches vertical rise for every 12 inches horizontal run) and shall have an overhang at least 1' (one foot) beyond the building wall; however, the overhang shall not encroach into a setback more than one foot. Porch roofs and shed roofs must have a minimum pitch of 4" x 12". (2) Roofing materials in all residential districts may only consist of architectural asphalt shingles (including laminated dimensional shingles), clay and concrete tile, metal shingles, mineral -surfaced row roofing, slate and slate -type shingles an equivalent or better product as compared with said materials. Should architectural shingles be used as roofing material, said shingles shall be accompanied with a minimum 25 year warranty. Under no circumstance shall three -tab shingles be used as roofing material. (c) Garages. On front entry garages the face of a garage may not: (1) be extended more than ten feet beyond the remainder of the front elevation of the primary living area of a house; or (2) be over 60% of the total frontage width of a house except where swing drives ("J" drives) are used. Porches or columns are not considered part of the front elevation of the primary living area. (d) Building Articulation. At least four fagade articulation techniques are required on each single family home to add architectural variety and interest to Cl building. The following features shall be acceptable techniques of exterior articulation. (1) A base course or plinth course; banding, moldings, or stringcourses; quoins; oriels; cornices; arches; balconies; brackets; shutters; keystones; dormers; louvers as part of the exterior wall construction. (Quoins and banding shall wrap around the corners of the structure for at least two feet.) (2) Horizontal banding continuing the length of the wall that faces a street, or other similar highly visible areas. (3) The use of both stone and brick on the front elevations with a minimum of ten percent coverage of one of the elements. (4) Front porch of at least 50 square feet. 5) The installation of at least two (2) coach lights. (6) Other techniques for Building Articulation can be substituted if administratively approved by the Administrative Official. (e) Fenestration. (1) Windowless exterior walls, excluding garage doors, that face a public right-of-way, or other similar highly visible areas are prohibited. On two story structures, windows are required on the first and second story facing a public right-of-way. (2) Windows shall be in harmony with and proportionate to the rest of the structure. (3) The use of reflective glass on residential structures is prohibited. Reflective glass will be defined as having a visible light reflectance rating of 15% or greater. (f) Masonry Content. (1) Except as noted below, the exterior walls (excluding windows and doors) on the First Floor Front Elevation of any single family home shall be 90 percent masonry and 80 percent on the second floor front elevation. The total cumulative surface area of the remaining exterior walls (excluding windows and doors) shall be 80% masonry. (2) Except as noted below, the exterior walls (excluding windows and doors) on the Front Elevation of any multi -family structure shall be 100 percent masonry. The total surface area of the remaining exterior walls (excluding windows and doors) shall be 90% masonry. (3) Second floor Dutch Gable Roof elements are not required to be masonry if setback at least 3 feet from the first floor front elevation vertical plane. (4) Residential masonry standards do not apply to the SF-1 district. (5) The masonry standards that apply to the front elevation of a single family home as described in subsection (fl(1) above shall also apply to any exterior walls on a single family home that are: (1) adiacent to and face a public street or right -of --way: or (2) visible from and located immediately adjacent to a public park, reserved open space or neighborhood common area, or an undeveloped flood hazard or drainage area that is also adiacent to a public street. (g) Exceptions to the Residential Architectural Standards in this section may be only occur after application and review by the Planning and Zoning Commission and approval by the City Council by Specific Use Permit. Section 3. Penalty. Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each violation is considered a separate offense and will be punished separately. Section 4. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Section 5. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, this 22"d day of July, 2014. ATTESTED: City Secretary, Natha Wilkison Mayor, Mike Crist Council Meeting: July 22, 2014 Account Code #: N/A Budgeted Amount: Item No. 9 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Maurice Schwanlce Date Prepared: 07/22/14 Exhibits: ■Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding the approval of a resolution approving a special event application submitted by Karen Ahrens, owner of Daddy Rex's Twisted Barbeque representing the "Anna Athletic Booster Club" concerning the request to have a "Fundraiser 5K and Family I fun walls on Saturday, September 20, 2014 from (10:00 a.m. to 9:00 p.m.) starting at Slayter Creek Park (route attached). The time Includes clean up after the event. SUMMARY: The City has received a special event permit application fora "Fundraiser SK and Family 1K fun walk" on Saturday, September 20, 2014 from 8:00 a.m. to 7#00 .in. starting and ending in Slayter Creek Park (route attached). A "park reservation application has also been submitted with this event requesting the Slayter Creels Park pavilion from 10:00 a.m. to 11:00 p.m. (includes clean up time). Other activities include: Bounce house, live music and vendor booths. A meeting has been held by the City with representation from the Police, Fire, Public Works and Planning Concerning this event. A letter from the school regarding the use of school property for parking and all other necessary documents will be provided before the date of the event. The goal of this event is to raise money for Student Athlete Scholarships and Sports Equipment. PARKS BOARD RECOMMENDATION: The Parks Board is meeting on Monday July 21St to consider this matter. RECOMMENDED ACTION: Approval subject to the attached agreement CITY OF ANNA, TEXAS RESOLUTION REGARDING THE APPROVAL OF A SPECIAL EVENT PERMIT AND AUTHORITY TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF ANNA AND THE ANNA ATHLETIC BOOSTER CLUB FOR A SPECIAL EVENT PERMIT TO SPONSOR A FUNDRAISER 5K AND FAMILY 1K FUN WALK EVENT ON SATURDAY, SEPTEMBER 20, 2014 STARTING AT SLAYTER CREEK PARK. WHEREAS, the Anna Athletic Booster Club has submitted a Special Event Permit application to conduct a Fundraiser 5K and Family lK Fun Walk event on Saturday, September 20, 2014 located at Slayter Creek Park: 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 22th day of July 20, 2014 ATTEST: Natha Wilkison, City Secretary APPROVED: Mayor, Mike Crist EXHIBIT 1 AGREEMENT This Agreement (this "Agreement") is All by and between the City of Anna, Texas ("City"), Anna Athletic Booster Club and is entered into on this 22"d day of July 22, 2014. Section 1. Summary The Anna Athletic Booster Club will be conducting a Fundraiser SK and Family 1 K fun walls event on Saturday, September 20, 2014 located at Slayter Creek, 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. Booster Club shall mean the Anna Athletic Booster Club. Section 3. General Requirements The Fundraiser SK and Family 1K Fun Walk will start at Slayter Creels Parlc and end at Slayter Creek Park. Booster Club will 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. Booster Club will provide haffic cones acceptable to the Anna Police Department to block off Inteil�rban Sheet (2'� Sheet to 4�' Street). 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. Booster Club as the organizer of this Event, you and all invited guests are required to observe. the Noise Regulations outlined in Pait II, Article 29, Section 1 (Noise Regulations) of the Anna City Code of Ordinances. Section 4. Licenses and Permits Booster Club shall obtain and pay for any and all permits, licenses, disposal fees, or any other costs required for the events and to fulfill this Agreement. Booster Club must comply with all federal and state laws, and local ordinances while organizing and participating in the event. 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 Anna Athletic Booster Club relating in any way to the Anna Athletic Booster Club undertaking, promoting, operating, and performance of any other activity related to the Fundraiser 5K and Family 1K Fun Walk event 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 Fundraiser 5K and Family 1K Fun Walk event. There shall be no joint control over the Fundraiser 5K and Family 1K Fun Walk event. The Fundraiser 5K and Family 1K Fun Walk event 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 Fundraiser 5K and Fannily 1K Fun Walk event. 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, Fundraiser 5K and Family IK Fun Walk 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 Fundraiser 5K and Family I Fun Walk event 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. I 1'• 1 II •\ li 13. 1 1� �`1 1 1 1 1 1 1 1 •' I I �" •" I• • 1 "1 11 1 1 1 1 1' 1 1 1 1• �' •' 1' •1 I 1 1 1' 1 1 1 I i ' • 1 II 1 1' i I i 1 1 1 1' I '•' C I 1 1 1' DIVA DI NPAO 11 OFIR I Is I1NMI S a I Section 6. Insurance Fundraiser SK and Family 1K Fun Wallc event 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 fiom or in conjunction with the presentation of or conducting of the Fundraiser 5K and Family I Fun Walk event or in any way related to the Anna Booster Club undertakings performed In connection with the Fundraiser SK and Family I Fun Walk event, including but not limited to coverage for Anna Athletic Booster Club, its agents, representatives, employees, subcontactors, 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 Anna Athletic Booster Club to maintain adequate insurance coverage at all times, and to require that each contactor, vendor, or other participant in the Fundraiser SK and Family 1K Fun Wallc event does likewise. Failure of the Anna Athletic Booster Club to maintain adequate coverage shall not relieve the Athletic Booster Club 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 Athletic Booster Club with the City Secretary. Proof of adequate coverage must be provided to the City as soon as practicable after this Agreement becomes effective, and is Athletic Booster Club 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 thepotential 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 ofAnna Philip Sanders, City Manager City of Anna 111 N. Powell Padcway Anna, Texas 75409 Anna Athletic Booster Club 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 Anna Athletic Booster Club and supersedes all prior negotiations, representations and/or agreements, either written or oral with respect to the Fundraiser 5K and Family 1 K Fun Walk event. 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 U. 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 parries, 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 parry'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. Secfion 15. Assignment It is understood and agreed that Anna Athletic Booster Club 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: Anna Athletic Booster Club By: Karen Ahrens, President City of Anna, Texas Philip Sanders, City Manager Return form with Deposit to: Public Works Dept. 3223 N. Powell Pkwy Anna, TX 75409 972-9244510 �I Type of Event: ❑Carnival ❑C• trcus ❑Festival OParade ❑Tent Uther (� Applicant Name: C� tCv C� —: (C I D Address: Q city: Ck� State:' j Zip Code: ,, Phone#: ; Email: _-' F .C—^� `' fad(, _�k Date: (o w ! -I,. *Note: Applications must be filed at least 30 days In advance. AvOication Fee $50 non-refundable) Deposit $300 (refundable) Same Information As Above if not the same, complete the next two lines Issue Deposit Refund To: Address: Cit : State: Zip Code w n Dates of Activity: `)( Reservation Time Block: Type of Activi y (explain purpose of activity): furOaCj 3e, G Y,' tt\JA r "-4tj . Estimated Number of People Attending Activity: t ,CC Reservation Location: 1'\6\, 3-_:,,- CctO, NV1t4 cw \i orti Will Food and/or Beverages be on -site for the activity? VYes ❑ No Will Alcohol be served or sold? 0 Yes 10 No if yes, include request letter) If yes, please indicate who the vendors are (food and drinks): Annvi. \1\C�ir Y 4cr C1Jb "ti ne( hod cic(AS �a >'&(,c CO S l� (Vk tAC)s C of f a�� Nltcl b:';erc_�Cs Pl se identify all oth r activities & structures (bounce house, tents, music, sports, games, etc): Received City of /1nna. JUN 12 2014 fCuJ� S 2U n 'Y{OiJR} HOMETOW N Council Meeting: Jul 22 2014 Account Code # _ Amount: Item No. 10 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: City Manager Exhibits: X Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving a Development Agreement with Fellowship of Plano. SUMMARY: The City has negotiated a Development Agreement with Fellowship of Plano who owns a 7.466 acre tract of land located just south of Rattan Elementary. As part of the agreement, the owner will dedicate to the City right-of-way for Ferguson Parkway and a trail and sewer easement located at the rear of the property. In consideration of the land donation, the City will waive certain development fees when the property is ultimately developed. RECOMMENDATION: Staff recommends approval of the attached Resolution authorizing execution of the Agreement. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A DEVELOPMENT AGREEMENT WITH FELLOWSHIP OF PLANO. WHEREAS, the City of Anna, Texas (the "City") has negotiated a Development Agreement for the acquisition of right-of-way, and a sewer and trail easement with Fellowship of Plano, the owner of a 7.466 acre tract of land located in the Joseph Schluter Survey, Abstract No. 546, and; WHEREAS, the City Council of the City of Anna, Texas (the "City Council") finds that approval of the Development Agreement will benefit the City and is in the best interests of the citizens of Anna; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Development Agreement. The City Council hereby approves the Development Agreement attached hereto as Exhibit 1, and authorizes, ratifies and approves the City Manager's execution of same. 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 the 22"d day of July, 2014. Natha Wilkison, City Secretary APPROVED: Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 DEVELOPMENT AGREEMENT This Development Agreement (this "Agreement") is entered into between the City of Anna, Texas (the "City") and Fellowship of Plano ("Owner"). The term "Owner" includes all owners of the Property and each of the owners of the Property are jointly and severally bound to the obligations of the "Owner" under this Agreement. WHEREAS, Owner and the City are sometimes collectively referenced in this Agreement as the "Parties"; and WHEREAS, it is the Parties mutual intent that matter specifically set forth herein and that agreement between the Parties and the City's extent that any such agreements, ordinances c this Agreement; and this Agreement shall govern only the subject this Agreement shall supersede any other ordinances and other regulations only to the regulations directly conflict with the terms of WHEREAS, the Owner owns a parcel or parcels of real property (the "Property") in Collin County, Texas, which is located entirely within the corporate limits of the City of Anna and is more particularly and separately or jointly described in the attached EXHIBIT A; and, WHEREAS, the Owner desires to dedicate a portion of the Property to the City for the purpose of constructing and maintaining a roadway, sewer utility lines and a hike and bike trail (the 'Land Dedication for Public Use"); and WHEREAS, in consideration of the Land Dedication for Public Use, the City agrees to forgo collection of certain Development Fees otherwise required to be paid in connection with the 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 the Owner: Section 2. Terms. Unless the context requires otherwise, and in addition to the terms defined above, the following terms and phrases used in this Agreement have the meanings set out below: Development Fees means Water Impact Fees and Wastewater Impact Fees. Water Impact Fees means any applicable water impact fee described in Part IV, Article 7, Section 13 of the Anna City Code of Ordinances. Wastewater Impact Fees means any applicable wastewater, sanitary sewer, or sewer impact fee described in Part IV, Article 7, Section 13 of the Anna City Code of Ordinances. Section 3. Land Dedication for Public Use. 1. The Owner shall donate by irrevocable deed of dedication for public use, the form and content of which is attached to this Agreement as EXHIBIT B, approximately 0.389 acres of land to the City of Anna currently intended by the City to be used for the development of roadway facilities. Owner shall duly execute and deliver a copy of said deed of dedication to the City within 30 days of the effective date of this Agreement. 2. The Owner shall dedicate to the City of Anna approximately 0.135 acres of land to be used as a permanent sewer and trail easement, the easement dedication form and content of which is attached to this Agreement as EXHIBIT C. Owner shall duly execute and deliver a copy of said easement dedication to the City within 30 days of the effective date of this Agreement. Section 4. Development Fees. Provided that the Owner fulfills its obligations under this Agreement, the City agrees that it shall not be entitled to collect, and shall forgo collection of, the Development Fees that would normally be charged in connection with the installation of a single one inch (1") water meter to be located on the Property. No other impact fees or other fees associated with development of the Property are waived under this Agreement. Section 5. City agrees to allow Owner to construct a driveway from the adjacent roadway to the Property in accordance with applicable City ordinances and regulations. Section 6. Effective Date. The effective date of this Agreement is the date that the last of the Parties' signatures to this Agreement is fully and properly affixed to this Agreement and acknowledged by a notary public. The City's duties and obligations hereunder shall not arise unless and until the City Council has duly adopted this Agreement and the Owner has duly executed same. Section 7. THE OWNER COVENANTS AND AGREES, JOINTLY AND SEVERALLY, TO INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY AGAINST ANY AND ALL LEGAL CLAIMS, BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY WHO HAS NOT SIGNED THIS AGREEMENT AND WHICH CLAIMS (1) ARISE IN ANY WAY FROM THE CITY'S RELIANCE ON THIS AGREEMENT, AND (2) RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH THIS AGREEMENT. Section 8. This Agreement may be enforced by the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. The Owner's sole remedy for nonperformance by the City shall be to seek specific performance of the terms of this Agreement. This Agreement does not waive any rights or immunities otherwise existing under law unless expressly set forth herein and the Parties understand and agree that this Agreement is not one for the provision of goods or services to the City by the Owner or any other person. Section 9. Exclusive jurisdiction, forum and venue for any dispute arising out of this Agreement shall be in Collin County, Texas. Section 10. Notwithstanding any other provision of this Agreement, Owner and its successors or assigns must comply with all applicable statutes or regulations of the United States and the State of Texas, as well as any City ordinances not in conflict with this Agreement. Section 12. This Agreement is for the sole and exclusive benefit of the City and the Owner and is not intended to and shall not confer any rights or benefits on any third party not a signatory hereto. Section 13. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 14. All notices, demands or other communications required or provided hereunder shall be in writing and shall be deemed to have been given on the earlier to occur of actual receipt or three (3) days after the same are deposited in the United States mail, certified or registered, postage prepaid, return receipt requested, addressed to the parties at the addresses set forth below or at such other addresses as such parties may designate by notice to the other parties. If to the City: City of Anna Attn: City Manager P.O. Box 776 111 N. Powell Parkway Anna, TX 75409 If to Owner: Fellowship of Plano 303 W. Grand Street Whitewright, TX 75491-2144 [SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Fellowship of Plano By: Printed Name and Title: IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF § Before me, the undersigned notary public, on the day of ,2014, personally appeared , known to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument. Notary Public, State of Texas 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. 20140411000348300 04/11/2014 10*045:43 AM D1 1/3 GF# 1417423-IIXF69 (AH) AFTER RECORDING, RETURN TO: Fellowship of Plano 303 W. Grand Street Whitewright, Texas 75491 1410iEl�LIL•� .. 1 1 NOTICE OF CONFIDENTIALITYRIGRTS: IF YOU ARE A NATURAL MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWIN FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RE RDS: SECURITY NUMBER OR YOUR DRIVER'S LICENSE N Effe Gra Gra: Gra: Pro, togeA prop imps Perr this chan secu righl or bE righl do n this e a part hereof; ;d on said real property and Sche e year in which �r years due to and the liens nd prescriptive :d to Grantee at nts, easements, ted Exceptions ;ly identified in is identified in dule B of th��lelbmmitment furnished to Grantee at or before execution and delivery of this Deed, if any, are Permitted Exceptions. 191742a GVVD.doc -1- of e For TEN DOLLARS ($10.00) and other valuable consideration, the receipt and sufficiency of which is acknowledged, Grantor has GRANTED, SOLD AND CONVEYED and by these presents does GRANT, SELL AND CONVEY unto Grantee the Property, to have and to hold the Property unto Grantee and Grantee's heirs, executors, administrators, successors and assigns forever, subject to the Permitted Exceptions. Grantor binds Grantor and Grantor's heirs, executors, administrators, successors and assigns to warrant and forever defend title to the Property to Grantee and Grantee's heirs, executors, administrators, successors and assigns, subject to the Permitted Exceptions, against every person whomsoever lawfully claiming or to claim the same or any part thereof. When the context requires, singular nouns and pronouns include the plural. Executed on the date of the acknowledgment below, but effective as of the forth above. Life Fellowship corporation STATE OF COUNTY OF This instrument non-profit religious My Commissi [917423 GWD.doc -2,- non-profit Fellowship Ministries, a Texas us corporation. .00� Notary's PrintecUTyped Name V' EXHIBIT "A" BEING a tract of land situated in the Joseph Schluter Survey, Abstract No. 856, Collin County, Texas, being the remaining portion of a 17.612 acre tract land conveyed to Charles L. White, by deed recorded in Volume 1237, Page 586, Deed Records Collin County, Texas, and being more particularly described as follows: BEGINNING at a point in the center of County Road No. 367, said point being the Northwest corner of said 17.612 acre White tract, same being the Southwest corner of a 17.612 acre tract of land conveyed to Steven G. Hodge and Nicole D. Bass, by deed recorded in County Clerk ile No. 95- 0054203, Deed Records, Collin County, Texas, said point of beginning being the N2west comae of roadway or corner; THENCE: South 86 degrees 53 minutes 15 seconds East, with the South li> aid 17.6cre Hodge tract, same being with the North line of said 17.612 acre White tract, i a iron rod found at a distance of 27.67 feet, passing a % inch iron rod found a distan 16 .71 feet, and continuing a total distance of 1712.70 feet to a point in the cent a � creek r corner; minutes 43 seconds West with 1. cen er�' `cr k THENCE South 12 degrees 46 min t� a a distance of 199.56 feet, a point for corner; )/ THENCE North 86 degrees 35 minutes West, with ort I of Q.27 acre tract of land conveyed to Roy L. and Paulette Andrews, by deed r or e Co erk File No. 9M036265, Deed Records, Collin County, Texas, passing a % c iron u d at a distance of 100.00 feet and passing a `/2 inch iron rod found at a distanc 16t: 6 fee t d continuing a total distance of 1669.0 to a point in the center of said Counter o 367, a railroad spike set for corner; THENCE North with the said center PLACE OF BEGINNING and CON I 1917423 GWI�.doc -3- l367, a distance of 188.15 feet to the of land, more or less. Piled and Recorded Official Public Records Stacey Kemp, County Clerk Collin Cmmty, TEti4S 04/11/2014 10:45:43 A11I $30.00 DPOSTER 20140411000348300 Notice of Confidentiality Rights: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: your Social Security Number or your Driver's License Number. DEED STATE OF TEXAS § § COUNTY OF COLLIN § WHEREAS, the City of Anna, Texas, County of Collin, State of Texas (the "City"), ahome-rule municipality, is authorized under the Texas Local Government Code to acquire land and such other property rights, including acquisition of street/road/highway right of way deemed necessary or convenient to a City road project to be constructed, reconstructed, maintained, widened, straightened, or extended, or to accomplish any other purpose related to the location, construction, improvement, maintenance, beautification, preservation, or operation of a road project providing for public transportation; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That, Fellowship of Plano, hereinafter referred to as "Grantors," whether one or more, for and in consideration of the sum of Ten dollars ($10) to Grantors in hand paid by the City, hereinafter sometimes referred to as Grantee, receipt of which is hereby acknowledged, and for which no lien is retained, either expressed or implied, have this day Sold and by these presents do Grant, Bargain, Sell and Convey unto the Grantee all that certain tract or parcel of land lying and being situated in the City of Anna, County of Collin, State of Texas, more particularly described in Exhibit "A," which is attached hereto and incorporated herein for any and all purposes, Grantors reserve all of the oil, gas and sulphur in and under• the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining or drilling for same; however, nothing in this reservation shall affect the title and rights of the Grantee, its successors and assigns, to take and use all other minerals and materials thereon, therein and thereunder, Grantors hereby acknowledge that their use of and access to the City street/road/highway to be constructed in conjunction with the public road facility of which the at, hereby conveyed shall become a part (herein called ``Road Facility"), shall be and forever remain subject to the same regulation by legally constituted authority as applies to the public's use thereof, and Grantors further acknowledge that the design, construction and operation of such Road Facility requires and Grantor hereby grants rights of ingress and egress and the right of direct access to and from Grantors' remaining property (if any) to said Road Facility as may be necessary for Road Facility construction, alteration or redesign, TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the Grantee and its assigns forever; and Grantors do hereby bind ourselves, our heirs, executors, administrators, successors and assigns to Warrant and Forever Defend all and singular the said premises herein conveyed unto the Grantee and its assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. IN WITNESS WHEREOF, this instrument is executed on this the day of (,,L,--' 2014. GRANTOR: D' n' r atur"e Si Av 12A4 Al Printed name Acknowledgement State of Texas County of Collin This instrument was acknowledged before me on ( l by�'Vr ,., %h • ��1 0 /yti �f n Notart Public's Signature t.auretta Kay Biacketer My Comm(aalon Expirea 04/01/2017 Jv O� N W 5� rINST120'WIDE R.O.W. DEDICATION R.#20060608010002450 O.P.R.C,C.T. 30' WIDE EASEMENT' INSTR. #98-0100210 O,P, .C. ,T. t - P*O.C.m l/2" IRON ROD (FOUND) Line Table Line � Length _ __ Direction L1 186.90 N0103604811W L2 93,32 _ S88009'52"E L3 136.91 S01036'48"E L4 90.20 N87949902"W L5 277.79 1 N0103614811W L4 J 0.389 ACRES -.-- (16,938 SQ FT) rA' J4�. � SLOOMFIE <S`���° o��o 44� ' o �4 1!2" IRON ROD (FOUND) S88°09'S2"E 1528.64' PROPOSED 90' W1DE FELLOWSHIP OF PLANO RIGHT- 1F-WAY CALLED: 7.466 ACRES INSTR,#20140411000348300 O,P,R.C.C,T. S87°49'02"E 14 TROY QUEEN AND WIFE, 1/2" IRON ELOELLA QUEEN ROD (FOUND) CALLED: 10.27 ACRES VOLUME 5707, PAGE 4433 O.P.R.C.C.T. CALLED: 58 ACRES INSTR. #20121002001246520 Curve Table Curve }( Len th Radius Delta Chord Br Chord Len th C1 50,46 940,00 03004132" 1 S01057144"W 50445 .. SURVEYOR'S CERTIFICATE That I, Harry L. Dickens, do hereby certify that 1 hove prepared this plat and the field notes shown hereon from on on the ground survey of the land, and this plot is a true, correct and accurate representation of the physical evidence found at the time of the survey; that the corner monuments shown hereon were found and/or placed under my personal supervision. DATED this ,the 30th day of M, Asy. . ,7014, Horry L. Dicken�/ 05/30/2014 Registered Prof ss not Land Surveyor No, 5939 �� TIPTON ENGINEERING `- a division of Westwood North Dallas Parkway, SU11e 280 Plano, Texas 75093 Ph:(972) 793-0300 Eng, Firm No, F-11756, Tx Survey Firm No, 10074301 ti WITH NOTES: 1 ALL DISTANCES SHOWN ARE TEXAS STATE PLANE, NAD83 (2011), TEXAS NORTH CENTRAL 20NE 4202, U.S. SURVEY FEET A COMBINED SCALE FACTOR OF 0.999851303, BEARINGS BASIS IS GRID NORTH. 2. PROPERTY DESCRIPTION WITH SAME DATE ACCOMPANIES THIS PLAT, .LEGEND P.O.C. =POINT OF COMMENCEMENT P.0.8, = POINT OF BEGINNING P.R.C,C.T. = PLAT RECORDS, COLLIN COUNTY, TEXAS O.P.R.C.C,T, = OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS • = MONUMENT FOUND (AS NOTED) = 5/8" IRON ROD SET W/ CAP STAMPED "WESTWOOD" SCALE J to= 200' -_ _____200' 40V RIGHT-OF-WAY joeeph Schluter Survey � Abstract Na: 856 City of Anna, Collin County, Texas EXHxBTT A Sheet: 1 OF 2 Date 5/30/14 0003813—ROW2.dwg 0&U" Inc. EXHIBIT A 90' WIDE RIGHT—OF—WAY 0,389 ACRES BEING a 0.389 acre tract of land situpted in the ,loseph Schluter Survey, Abstract No. 546, City of Anna, Collin, County, Texas, and being a portion of a tract of land described in deed to Fellowship of Plano, recorded in County Clerk Instrument No. 20140411000348300 of the Official Public Records, Collin County, Texas (OPRCCT) and being more particularly described as follows: COMMENCING of a 1/2—inch iron rod found in the east line of Oak Hollow Estates, Phase Z, recorded in Cabinet 0, Page 392 of the Plot Records of Collin County, Texas (PRCCT) at the southwest corner of a tract of land described in deed to Troy Queen and wife, Eloello Queen, recorded in Volume 5707, Page 4433, (OPRCCT) and the northwest corner of a tract of land described in deed to Bloomfield Homes, L.P., recorded in County Clerk Instrument No. 20121002001246520 (OPRCCT); THENCE North O1 Degrees 36 Minutes 48 Seconds West, along the common east line of said Oak Hollow Estates, the same being the west line of said Queen tract, a distance of 277.79 feet to a 5/8—inch iron rod with yellow cop stomped "WESTWOOD PS" set at the northwest corner of said Queen tract, the some being the southwest corner of the aforementioned Fellowship of Plano tract for the POINT OF BEGINNING of the tract of land described herein; THENCE North 01 Degrees 36 Minutes 48 Seconds West, along the common east line of said Ook Hallow Estates, and the west line of said Fellowship of Plano tract, a distance of 186,90 feet to the northwest corner of said Fellowship of Plano tract and the southwest corner of a tract of land described per plat to Anna Elementary School #2 Addition, recorded in County Clerk Instrument No. 20060608010002450 (OPRCCT), the some being the southwest corner of an existing 120 foot wide right—of—way as dedicated by said plot to Anna Elementary School #2 Addition; THENCE South 88 Degrees 09 Minutes 52 Seconds East, along the common line of said Fellowship of Plano tract and said Anna Elementary School #2 Addition, a distonce of 93.32 feet to a 5/8—inch iron rod with yellow cop stamped 'WESTWOOD PS" set at the southeast corner of said 120 foot wide right—of—way, from which a 1/2—inch iron rod found in said common line bears South 88 Degrees 09 Minutes 52 Seconds East, a distance of 1528.64 feet and being the beginning of a non —tangent curve to the left, having a central angle of 03 Degrees 04 Minutes 32 Seconds, a radius of 940.00 feet and a long chord that bears South 01 Degrees 57 Minutes 44 Seconds West, a distance of 50.45 feet; THENCE along said curve to the left, on arc length of 50.46 feet to 0 5/8—inch iron rod with yellow can stamped "WESTWOOD PS" set; THENCE South qt Degrees 36 Minutes 48 Seconds East, a distance of 136.91 feet to a 5/8—inch iron rod with yellow cap stamped "WESTWOOD PS" set in the south fine of said Fellowship of Plano tract and the common north line of the aforementioned Queen tract, from which a 1/2—inch iron rod found in said common line bears South 87 Degrees 49 Minutes 02 Seconds East, a distance of 1477.82 feet; THENCE North 87 Degrees 49 Minutes 02 Seconds West, along the common line of said Fellowship of Plano tract and said Queen tract, o distance of 90.20 feet to the POINT OF BEGINNING and containing 16,938 square feet or 0.389 of on acre of land within these metes described. Bearings for this description cited are based on Grid Nor e`Plane Coordinates of the Texas Coordinate System NAD$3 (2011) Texas North Central Zone (4202). �--� O� `�.,� `� TIPTON ENGINEERING a dlvlsion of Westwood 2740 Norfh Oollos Parkway, Suite 280 Plano, Texas 75093 Ph:(972) 793-0300 Eng, Firm No. F-11756, Tx Survey Firm No, 10074301 o„ 5999 r , e Joseph Schluter Survey � Alntract No. 856 City of Anna, Collin County, Tacss EXHIBIT ,A Sheet: 'L OF ;i D,zc� 5/30114 0003813-ROW2.dwg PERMANENT SEWER AND TRAIL EASEMENT Date: �7 IP /2014 Grantor: Fellowship of Plano Grantee: City of Anna, Texas, a municipal corporation Grantor's Mailing Address: Grantee's Mailing Address: 303 W. Grand St. P.O. Box 776 Whitewright, TX 75491-2144 Anna, Texas 75409 in Collin County, Texas Grantor's Property: The Grantor's Property is a 7.466 acre tract of land located in the Joseph Schluter Survey, Abstract No. 546, City of Anna, Collin, County, Texas, said tract described in a deed to Fellowship of Plano, recorded in County Clerks Instrument No. 201404.11000348300, Official Public Records of Collin County, Texas (OPRCCT) and shown by Collin Central Appraisal District Property Identification Number 10128524 Permanent Utility Easement: The Permanent Utility Easement ("Easement") is 0.135 acres of property within Grantor's Property, said 0.135 acres being a strip of land approximately 30 feet wide. A metes and bounds legal description of the Easement is attached as Exhibit A. Easement Pm•pose: As more fully described herein, to construct and use sewer utility lines below the surface, and to construct and use a hike and bike trail above the surface, together with the right of ingress and egress along, upon and across Grantor's Property and along, upon, over, under, and across Grantor's Property within the bounds of the Easement. Consideration: The sum of ten dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of lvhich are acknowledged by Grantor. Grant of Easement: Grantor, for the Consideration described herein, grants, sells, and conveys to Grantee and Grantee's heirs, successors and assigns, the Easement over, under, on and across Grantor's Property for the Easement Purpose, including the right of construction, installation, reconstruction, operation, maintenance, replacement, alteration, expansion, relocation, upgrade, repair, abandonment, removal and other associated uses of sewer utility lines, and a hike and bike trail, together with all and singular the rights and appurtenances thereto in any way belonging, (collectively, the "Easement Rights"), to have and to hold the Easement Rights to Grantee and Grantee's heirs, successors and assigns forever. Grantor binds Grantor and Grantor's heirs, successors, and assigns to warrant and forever defend the title to the Easement and the Easement Rights in Grantee and Grantee's heirs, successors and assigns against every person whomsoever lawfully claiming or to claim the Easement or any part of the Easement Rights. Grantee shall have the right to prevent excavation within the Easement; the right to prevent construction of any and all buildings, structures or other obstructions which would endanger or interfere with the efficiency, safety, and/or convenient operation of the aforementioned utility lines, trails, and their appurtenances; and the right to trim or remove trees or shrubbery within, but not limited to, said Easement, to the extent as may be necessary to prevent possible interference with the operation of said lines and trails or their appurtenances, or to remove possible hazard thereto. Grantor recognizes that the general course of said lines, trails, and appurtenances to be constructed, or the metes and bounds as described herein, is based on preliminary survey(s) only, and Grantor hereby agrees that this Easement and its general dimensions hereby granted shall apply to the actual location of said lines, trails and appurtenances, Duration of Easement; The duration of the Easement is perpetual, until all of said facilities shall be abandoned. If abandoned, said Easement shall cease and all rights herein granted stroll terminate and revert to Grantor or Grantor's successors or assigns. Character of Easement: The Easement is appurtenant to and runs with the title to Grantor's Property, whether or not the Easement is referenced or described in any conveyance of all or such portion of Grantor's Pr•oper•ty. Binding Effect: This Easement binds and inures to the benefit of the parties and their respective heirs, successors, and permitted assigns. Temporary Secondary Easement: Grantee has the right (the "Temporary Easement') to use up to 50 feet of the surface of the property that is adjacent to the Easement ("Adjacent Property") as may be reasonably necessary to constrtret and install the facilities within the Easement that are reasonably suited for the Easement Purpose. After full completion of Grantee's construction and installation of improvements, whichever occurs first, the temporary secondary easement shall expire. Except for the replacement of trees and shrubs, Grantee must reasonably restore the Adjacent Property and the Temporary Secondary Easement to its previous physical condition if changed by use of the rights granted by this Temporary Secondary Easement, By. Print ACI{NOWLEDGMENT /}1 THE STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the /,�>7' day of , 2014, by Cc11oihi • VVr L vho states under oath that he/she is the owner of Grantor's Property described herein and has the authority to ecute th14 docu ent. ir� CL L IL No ary Public, State of T •as ��pv '`� lauretta Kay Blackpter ' � �� My Commiselon Expires EXHIBIT A SEWER AND TRAIL EASEMENT 5,882 SQUARE FEET OR 0.135 ACRES BEING a 0.135 acre tract of land situated In the Joseph 5chiuter Survey, Abstract No. 546, City of Anna, Collin, County, Texas, and being a portion of a tract of land described in deed to Fellowship of Plano, recorded in County Clerks Instrument No. 20140411000348300 (OPRCCT) and being more particularly described as follows. COMMENCING at a 3/8-inch iron rod found in the east line of Oak Hollow Estates, Phase 2, recorded In Cabinet 0, Page 392 of the Plat Records of Collin County, Texas (PRCCT), the southwest corner of said Fellowhip of Plano tract and the northwest corner of a tract of land conveyed to Troy Queen and wife, Eloella Queen, recorded In Volume 5707, Page 4433 (OPRCCT); THENCE South 87 Degrees 43 M Inutes 37 Seconds East, along the common south line of said Fellowship of Piano tract, the same being the north line of said Queen tract, a distance of 1545.19 feet to the POINT OF BEGINNING; THENCE North 02 Degrees 04 Minutes 58 Seconds East, a distance of 195.97 feet; THENCE South 88 Degrees 01 Minutes 41 Seconds East, a distance of 30.00 feet; THENCE South 02 Degrees 04 Minutes 58 Seconds West, a distance of 196.13 feet, to the common south line of said Fellowship of Piano tract and the north line of said Queen tract; THENCE North 87 Degrees 43 Minutes 37 5econds West, along said common fine a distance of 30.00 feet to the POINT OF BEGINNING and containing 5,882 square feet or 0,135 of an acre of land within these metes described. Bearings for this description cited are based on Grid North State Plane Coordinates of the Texas ' Central Zone (4202), NAVD88. PAGE20F2 1 P,O.C; 3/8" IRON ROD (FOUND) SrrHu1, FELLOWSHIP OF PLANO CALLED: 7,466 ACRES INSTR. #20140411000348300 O.P.R.C.C.T. 0' WIDE TEMPORARY CONSTRUCTION EASEMENT 37"C 1545.19 TROY (3UEHN AND WIFE, ELOELLA QUEEN CALLtcp:10,27 ACRES VOLUME 5707, PAGE 4433 O.P.R.C.C.T. 6100MFIILD HOMES L.P. CALLED; b8 ACRES INSTk #20121002001246620 O.P.R,C.C.T> Line Tabls Line Length Direction L1 195.97 N02004'58"E L2 30.00 S88001'41"E L3 196,13 S02004'58"W L4 30.00 N87043'37"W TiPTON ENGINEERING a divlslon of Westwood 2740 North p01108 Porkwoy, Suite 280 Plono, Texos 75093 Ph:(972) 793-0300 Eng. Firm No. F-11756, Tx Survey Firm No. 10074301 Qo' L4 SEWER AND TRAIL EASEMENT 0,135 ACRES (51882 SQ FT) LEGEND O.P.R-C.aT OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS P. 0 B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT MONUMENT FOUND (AS NOTED) Jo.eph 8chluker Survey � Abatr&ci Na eSb Clty of Anna, Colltn County, Texu ALE !" = 200' EXHIBIT A Sheer 1 OF 2 Date; 5/13/14 0000733ES03A_Rl.dwg Item No. 11 City Secretary's use only City of Anna City Council Agenda Staff Report xtou�t xortnE�rowrr Council Meeting: July 22, 2014 Staff Contact: City Manager Account Code #: Budgeted Amount: Exhibits: X Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding a resolution finding a public necessity and authorizing the use of eminent domain to condemn private property owned by Troy Queen and Floella Queen and/or others for a sewer and trail easement. (City Manager) SUMMARY: The City is working on the construction of public sewer lines and trail improvements for recreation and pedestrian transportation south of Rattan Elementary. In order to construct these improvements, the City will need to acquire an easement across the back of property owned by Troy Queen and Floella Queen. The attached resolution authorizes Staff to complete negotiations, and, if necessary, initiate the use of eminent domain to acquire the subject sewer and trail easement. RECOMMENDATION: Staff recommends approval of the attached Resolution. Any motion to approve the resolution should be made precisely as follows, "I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.187 acres of land, more or less, in the Joseph Schluter Survey, Abstract No. 856, City of Anna, Collin County, Texas, said tract described in a deed to Troy Queen and wife, Floella Queen, recorded in Volume 5707, Page 4433 of the Official Public Records of Collin County, Texas (OPRCCT), said 0.187 acres of land being more particularly described by the metes and bounds description set forth in Exhibit "A" to this resolution, which I incorporate in frill into my motion, for a sewer and trail easement." CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF A PERMANENT SEWER AND TRAIL EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 0.187 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID EASEMENT BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Anna plans to construct and/or install wastewater lines and recreational trails to meet the public need to provide wastewater and trail system improvements to benefit the City of Anna, its citizens and the general health, safety and welfare; and WHEREAS, it is necessary to acquire a certain sewer and trail easement not now held by the City of Anna for such wastewater and trail system improvements; and WHEREAS, it is necessary for the City to use its authority to pursue negotiations for the acquisition of said easement and/or to pursue the easement under power of eminent domain; and WHEREAS, the City Council of the City of Anna, Texas ("City Council"), after careful consideration, finds that a public necessity exists for acquisition of a sewer and trail easement providing limited rights on and under 0.187 acres of real property, more or less, which is more particularly described in Section 2 of this resolution, for the purposes of installation, maintenance, replacement, and/or repair of wastewater lines and hike and bike trails providing a public pedestrian transportation route, and benefiting the public health, safety and welfare; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Incorporation of Recitals; Purpose 1.01 The City Council finds that the above -stated recitals are true and correct and said recitals are incorporated herein as if set forth in full for all purposes. 1.02 This resolution is intended to comply in all respects with Texas Government Code § 2206.001, et seq., Texas Local Government Code § 251.001, et seq., CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 3 and Texas Property Code § 21.001 et seq., to the extent the provisions of such statutes are applicable. 1.03 The City Council, by this resolution, intends, if necessary, to exercise the City's powers of eminent domain under Texas Local Government Code § 251.001 and any and all other applicable statutes. Section 2. Easement to be Acquired 2.01 The necessary permanent sewer and trail easement sought to be acquired will provide limited rights on and under a portion of a tract, said portion totaling approximately 0.187 acres of real property (the "Easement"), held by Troy Queen and Floella Queen and/or others. Said approximate 0.187 acres of real property is generally aligned and described in Exhibit A, attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. Section 3. Finding of Public Necessity and Authorization to Take Action 3.01 The City Council finds a public necessity for the public welfare and convenience to acquire the Easement identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing wastewater lines and hike and bike trails. The City Council authorizes the City Manager, City staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, to acquire the needed Easement by any lawful means including but not limited to negotiations with landowners and, if necessary, proceedings in eminent domain. 3.02 The City Council by this resolution directs the City Manager, his staff, and Wolfe, Tidwell & McCoy, LLP, attorneys —as necessary and in the appropriate sequence —to have the Easement appraised by a certified appraiser, to send the landowner(s) a copy of the appraisal and the landowner's bill of rights statement, to enter into good -faith negotiations with the landowner(s), to make a bona -fide offer and make any necessary final monetary offers in an attempt to acquire the Easement consistent with the appraisal(s), when appropriate, and to convey the City's desire to acquire the Easement in an efficient manner, and, if necessary, to institute proceedings in eminent domain and take all necessary actions in such proceedings to condemn and acquire the Easement. The City Council hereby authorizes and ratifies any such actions taken thus far, and hereby further asserts its full authority, to the greatest extent provided by law, to acquire the Easement identified in Section 2, above. Section 4. Effective Date. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 3 This resolution shall take effect immediately upon its passage. PASSED by the City Council of the City of Anna, Texas, this 22"d day of JUIy, 2014. ATTESTED: City Secretary, Natha Wilkinson APPROVED: Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 3 OF 3 Jv 1 FELLOWSHIP OF PLANO CALLED: 7.466 ACRES INSTR.#20140411000348300 O.P.R.C.C.T. TROY QUEEN AND WIFE, ELOELLA QUEEN CALLED: 10.27 ACRES VOLUME 5707, PAGE 4433 O.P.R.C.C.T. IRON ROD (FOUND) 50' WIDE TEMPORARY CONSTRUCTION EASEMENT SB7°55'02"E 1529.00 BLOOMFIELD HOMES L.P, CALLED: 58 ACRES ~ INSTR.#20121002001246520 O.P.R.C.C.T. Line Toble Line # Length Direction L1 271.70 N02004'58"E L2 30.00 S87043'37"E L3 271.60 S02004'58"W L4 30.00 N87055'02"W lortri Pallas ?Lorkway, Suite :t Piano, Texas 75093 • • 00 Eng. Firm No. F�11756, Tx Survey Firm No. 0•-0 L2 PROPOSED 30' SEWER AND ` TRAIL EASEMENT 0.187 ACRES J (81150 SQ FT) P.O.B./L4 400 LEGEND 0,P.R.C.Ca T. OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT • MONUMENT FOUND (AS NOTED) SCALE 1" = 200' i OF Date:Joseph Slater Survey Atmtract Noe W ity of Anna, Collin County, Texas 0000733ES03_R2.dwa EXHIBIT A SEWER AND TRAIL EASEMENT 8,150 SQUARE FEET OR 0.187 ACRES BEING a 0.187 acre tract of land situated in the Joseph Schluter Survey, Abstract No. 546, City of Anna, Collin, County, Texas, and being a portion of a tract of land described in deed to Troy Queen and wife, Eloella Queen, recorded in Volume 5707, Page 4433 of the Official Public Records of Collin County, Texas (OPRCCT) and being more particularly described as follows: COMMENCING at a 1/2-inch iron rod found in the east line of Oak Hollow Estates, Phase 2, recorded in Cabinet 0, Page 392 of the Plat Records of Collin County, Texas (PRCCT) the same being the southwest corner of said Queen tract and the northwest corner of a tract of land described in deed to Bloomfield Homes, L.P., recorded in County Clerk Instrument No. 20121002001246520 (OPRCCT); THENCE South 87 Degrees 55 Minutes 02 Seconds East, along the common north line of said, Bloomfield Homes, L.P. tract, the same being the south line of said Queen tract, a distance of 1529.00 feet to the POINT OF BEGINNING; THENCE North 02 Degrees 04 Minutes 58 Seconds East, a distance of 271.70 feet to the north line of said Queen tract; THENCE South 87 Degrees 43 Minutes 37 Seconds East, along the common north line of said Queen tract and a tract of land conveyed to Fellowship of Plano, recorded in County Clerk Instrument No. 20140411000348300, (OPRCCT), a distance of 30.00 feet; THENCE South 02 Degrees 04 Minutes 58 Seconds West, a distance of 271.60 feet to the common south line of said Queen tract and the north line of aforementioned Bloomfield Homes, L.P. tract; THENCE North 87 Degrees 55 Minutes 02 Seconds West, along said common line a distance of 30.00 feet to the POINT OF BEGINNING and containing $,150 sc{uare feet or 0.187 of an acre of land within these metes described. Bearings for this description cited are based on Grid North State Plane Coordinates of the Texas Coordinate System NAD83 (CORS96) Texas North Central Zone ' """"' " """"" PAGE20F2 Item No. 12 City Secretary's use only City of Anna City Council Agenda an Report X{DUii} HOMETOW N Council Meeting: July 22, 2014 Staff Contact: Cit��er Account Code #: Budgeted Amount: Exhibits: X Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding a resolution finding a public necessity and authorizing the use of eminent domain to condemn private property owned by Troy Queen and Floella Queen and/or others for public right-of-way associated with alterations to Ferguson Parlcway. (City Manager) SUMMARY: The City on the expansion of Ferguson Parkway south of FM 455. In order to construct this public roadway project, the City will need to acquire right-of-way across the front of property owned by Troy Queen and Floella Queen. The attached resolution authorizes Staff to complete negotiations, and, if necessary, initiate the use of eminent domain to acquire the subject right-of-way. RECOMMENDATION: Staff recommends approval of the attached Resolution. Any motion to approve the resolution should be made precisely as follows: "I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.574 acres of land, more or less, in the Joseph Schluter Survey, Abstract No. 856, City of Anna, Collin County, Texas, said tract described in a deed to Troy Queen and wife, Floella Queen, recorded in Volume 5707, Page 4433 of the Official Public Records of Collin County, Texas (OPRCCT), said 0.574 acres of land being more particularly described by the metes and bounds description set forth in Exhibit "A" to this resolution, which I incorporate in full into my motion, for roadway right-of-way." CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF RIGHT-OF-WAY PROVIDING LIMITED RIGHTS ON AND UNDER 0.574 ACRES OF REAL PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF, CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID RIGHT-OF- WAY BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN, PROVIDING AN EFFECTIVE DATE. WHEREAS, in order to provide for the safe and efficient movement of vehicular traffic, the City of Anna plans to construct roadway improvements to Ferguson Parkway, a public street; and WHEREAS, it is necessary to acquire certain street right-of-way not now held by the City of Anna for such public roadway improvements; and WHEREAS, it is necessary for the City to use its authority to pursue negotiations for the acquisition of said right-of-way and/or to pursue the right-of-way under power of eminent domain; and WHEREAS, the City Council of the City of Anna, Texas ("City Council"), after careful consideration, finds that a public necessity exists for acquisition of right-of-way providing limited rights on and under 0.574 acres of real property, more or less, which is more particularly described in Section 2 of this resolution, for the purpose of constructing, laying, maintaining, repairing and/or replacing public roadway improvements, and benefiting the public health, safety and welfare; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Incorporation of Recitals; Purpose 1.01 The City Council finds that the above -stated recitals are true and correct and said recitals are incorporated herein as if set forth in full for all purposes. 1.02 This resolution is intended to comply in all respects with Texas Government Code § 2206.001, et seq., Texas Local Government Code § 251.001, et seq., and Texas Property Code § 21.001 et seq., to the extent the provisions of such statutes are applicable. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 3 1.03 The City Council, by this resolution, intends, if necessary, to exercise the Citys powers of eminent domain under Texas Local Government Code § 251.001 and any and all other applicable statutes. Section 2. Right-of-way to be Acquired 2.01 The necessary right-of-way sought to be acquired will provide limited rights on and under a portion of a tract, said portion totaling approximately 0.574 acres of real property (the "Right-of-way"), held by Troy Queen and Floella Queen and/or others. Said approximate 0.574 acres of real property is generally aligned and described in Exhibit A, attached to this resolution and incorporated herein by reference as if fully set forth for all purposes. Section 3. Finding of Public Necessity and Authorization to Take Action 3.01 The City Council finds a public necessity for the public welfare and convenience to acquire the Right-of-way identified in Section 2, above, for the purpose of constructing, laying, maintaining, repairing and/or replacing public roadway improvements. The City Council authorizes the City Manager, City staff and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP, attorneys, to acquire the needed Right-of-way by any lawful means including but not limited to negotiations with landowners and, if necessary, proceedings in eminent domain. 3.02 The City Council by this resolution directs the City Manager, his staff, and Wolfe, Tidwell & McCoy, LLP, attorneys —as necessary and in the appropriate sequence —to have the Right-of-way appraised by a certified appraiser, to send the landowner(s) a copy of the appraisal and the landowner's bill of rights statement, to enter into good -faith negotiations with the landowner(s), to make a bona -fide offer and make any necessary final monetary offers in an attempt to acquire the Right-of-way on and under the affected real property consistent with the appraisal(s), when appropriate, and to convey the City's desire to acquire the Right -of --way in an efficient manner, and, if necessary, to institute proceedings in eminent domain and take all necessary actions in such proceedings to condemn and acquire the Right-of-way. The City Council hereby authorizes and ratifies any such actions taken thus far, and hereby further asserts its full authority, to the greatest extent provided by law, to acquire the Right -of --way identified in Section 2, above. Section 4. Effective Date. This resolution shall take effect immediately upon its passage. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 3 PASSED by the City Council of Anna, Texas, this 22"d day of July, 2014. ATTESTED: City Secretary, Natha Wilkinson APPROVED: Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 3 OF 3 Inc. .v 1 , O� 30' WIDE EASEMENT INSTR. #9&0100210 O.P.R.C.C.T. ROD (FOUND) 1 I Line Table Line # Length Direction L1 277,79 N0103648"W L2 90.20 S87049102"E L3 277.48 S01036'48"E L4 90.18 N88000'43'W �L4 z0 O� 0 w� p 00 �. W a 0 SURVEYOR'S CERTIFICATE Thot I, Horry L. Dickens, do hereby certify thot I have prepared this plot and the field notes shown hereon from on on the ground survey of the land, and this plat is a true, correct and accurate representation of the physical evidence found at the time of the survey, that the corner monuments shown hereon were found and/or placed under my personal supervision. DATED this the 30th day of mprY 2014. ( U, 01 Harry L. Dick s 05/30/2014 Registered r essionol Land Sury yor No. 5939 TIPTON ENGINEERING a division of Westwood 2740 North Dallas Parkway, Suite 280 Piano, Texas 75093 Ph: (972) 793-0300 Eng. Firm No. F-11756, Tx Survey Firm No. 10074301 �1 FELLOWSHIP OF PLANO . INSTR.#20140411000348300 O,P.R.C.C.T. CALLED: 7466 ACRES �' S87°49'pi PROPOSED 90' WIDE M RIGHT-OF-WAY J 0,574 ACRES (24,988 SQ FT) 1 1/2" IRON ROAAD (FOUND) /I TROY QUEEN AND WIFE, ELOELLA QUEEN CALLED: 10.27 ACRES VOLUME 5707, PAGE 4433 O.P.R.C.C.T. S$8°00'43"E 1477.00' BLOOMFIELD HOMESL.P. CALLED: 58 ACRES INSTR.#20121002001246520 O.P.R.C.C.T. I V1/2" IRON ROD (FOUND) NOTES: 1. ALL DISTANCES SHOWN ARE TEXAS STATE PLANE, NAD83 (2011), TEXAS NORTH CENTRAL 20NE 4202, U.S. SURVEY FEET WITH A COMBINED SCALE FACTOR OF 0,999851303. BEARINGS BASIS IS GRID NORTH. 2, PROPERTY DESCRIPTION WITH SAME DATE ACCOMPANIES THIS PLAT, LEGEND P.O.B. =POINT OF BEGINNING P.R.C.C.T, = PLAT RECORDS, COLLIN COUNTY, TEXAS O.P,R.C.C.T, = OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS = MONUMENT FOUND (AS NOTED) 0 = 5/8"IRON ROD SET W/ CAP STAMPED "WESTWOOD" SCALE 1 it = 200' o 2W Oar Anna, Joseph Schluter Survey - Abatrad No. 85G City of An, Collin County, Texas Sheep Z OF 2 vats 5/30/14 0003813-ROW14 %J CI EXHIBIT A 90' WIDE RIGHT-OF-WAY 0,574 ACRES BEING a Q.574 acre tract of land situated in the Joseph Schluter Survey, Abstract No. $56, City of Anna, Collin, County, Texas, and being a portion of a tract of land described in deed to Troy Queen and wife, Eloella Queen, recorded in Volume 5707, Page 4433 of the Official Public Records of Collin County, Texas (OPRCCT) and being more particularly described as follows; BEGINNING at a 1 /2—inch iron rod found in the east line of Oak Hollow Estates, Phase 2, recorded in Cabinet 0, Page 392 of the Plat Records of Collin County, Texas (PRCCT), the southwest corner of said Queen tract and the northwest corner of a tract of land described in deed to Bloomfield Homes, L.P„ recorded in County Clerk Instrument No. 20121002001246520 (OPRCCT); THENCE North 01 Degrees 36 Minutes 48 Seconds West, along the common east line of said Oak Hollow Estates and the west line of said Queen tract, a distance of 277.79 feet to a 5/8—inch iron rod with yellow cap stamped 'WESTWOOD PS" set at the northwest corner of said Queen tract the some being the southwest corner of a tract of land described in deed to Fellowship of Plano tract recorded in County Clerks Instrument No, 20140411000348300 (OPRCCT); THENCE South 87 Degrees 49 Minutes 02 Seconds East, along the common north line of said Queen tract and south line of said Fellowship of Plano tract, a distance of 90.20 feet to a 5/8—inch iron rod with yellow cap stamped 'WESTWOOD PS" set, from which a 1/2—inch iron rod found in said common line bears South 87 Degrees 49 Minutes 02 Seconds East, a distance of 1477.82 feet; THENCE South 01 Degrees 36 Minutes 48 Seconds East, a distance of 277.48 feet to a 5/8—inch iron rod with yellow cop stomped "WESTWOOD PS" set in the south line of said Queen tract the same being the common north line of aforementioned Bloomfield Homes tract, from which a 1/2—iron rod found in said common line bears South 88 Degrees 00 Minutes 43 Seconds East, a distance of 1477,00 feet; THENCE North $8 Degrees 00 Minutes 43 Seconds West, along the common south line of said Queen tract and the north line of said Bloomfield Homes tract, a distance of 90.14 feet to the POINT OF BEGINNING and containing 24,988 square feet or 0,574 of an acre of land within these metes described. Bearings for this description cited ore bused on Grid North State Plane Coordinates of the Texas Coordinate System NAD83 (201 1) Texas North Central Zone (4202). L1411F Rurth It. , :1 Plano, 09 00 Eng. Firm No. .10074301 111 Joseph Schiueer Survey � Abstract No. 856 City of Anna, Collin County, Texas EXHIBIT A Sheet: 2 OF 2 Date 5/30/14 0003813—ROW1,dwg YiOUIi} 3iOMETOWN Council Meeting: July 22, 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 13 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Natha Willcison Date Prepared: 7-16-14 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding reappointments/appointments to the Planning and Zoning Commission. (City Council) SUMMARY: There are no vacancies on the P & Z Commission at this time. Place 2 Tiffany Burleson, Place 4 Justin Burr and Place 6 Darrin Colombo are up for reappointment at this time. Current Board Members Sandy Setliff, Place 1, Elaine Gothard Place 3, Justin Burr Place 4 and John Johnson, Place 5, have confirmed that they wish to remain on the commission. I have not received a confirmation back from Tiffany Burleson, Place 2 or Darrin Colombo, Place 6 or Lee Miller, Place 7 at this time. RECOMMENDATION: Staff recommends reappointments/appointments to the P & Z Commission. Item No. 14 City Secretary's use only City of Anna City Council Agenda Staff Report Council Meeting: July 22, 2014 Staff Contact: Natha Willcison Account Code #: N/A Date Prepared: 7-13-14 Budgeted Amount: N/A Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding reappointments and appointments to the Parlcs Advisory Board. (City Council) SUMMARY: There are no vacancies on the Parlcs Advisory Board at this time. Places 2, and 4 are up for reappointment at this time. Current Board Members Jon Hendricks Place 1 Scott Stroud Place 3, Rachel Lyon Place 4 and Erin Cougar Place 5 have confirmed that they wish to remain on the board. I have not received a confirmation back from Kelly Hoggatt at this time. RECOMMENDATION: Parlcs Advisory Board.. Staff recommends reappointments/appointments to the ��U Y{OUR} �iOMGTOWN Council Meeting: July 22, 2013 Account Code #: N/A Budgeted Amount: N/A Item No. 15 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Natha Wilkison Date Prepared: 7-16�13 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding appointments and reappointments to Anna Economic Development Corporation. (City Council) SUMMARY: There is one (1) vacancy on the EDC at this time, Place 2. Place 4 and Place 6 are up for reappointment. John Houcelc Place 1 and Alonzo Tutson Place 5 have confirmed they wish to remain on EC. I have not had a response from Michael Williams Place 3, Connie Stump Place 4, Sherilyn Godfrey Place 6 and Lee Miller Place 7. New applicant applications are in your packet for your consideration. RECOMMENDATION: Staff recommends making appointments/reappointments to the EDC. CITY OF ANNA APPLICATIOIMF rX CITY COUNCIL -APPOINTED BOARDS AND COMMISSIONS Note: Applicaflons will beheld for one (9) year. Board/Commission Preference: � EDC -Economic Development Corporation ❑ P&Z -Planning and Zoning Commission ❑ Board of Adjustments Name: Brent W. Thomas ❑■ CDC -Community Development Corporation ❑ Parks Advisory Board Home Address: 137 Hilltop Drive; Anna, TX 75409 Home Telephone: 214-794-3840 Home E-mail: bthomas@cebridge.net Profession/occupation: Business Name: Retired Business Address: none Home Fax: a resident for 9 Years Business Telephone: Business Fax: Business E-mail: years Special knowledge or experience applicable to board/commission function: prior to retirement, over 30 years experience as an Independent business person. After retirement returned to college and completed two degrees both Magna Cum Other information (e,g., civic activities): Active in my church and a past board member of the Anna Food Pantry day ever been conic J-eleny or a crime involving moral turpitude? Never ignature Date Please return completed application to: Office of the City Secretary 111 N. Powell Parkway PO Box 776 Anna, TX 75409-0776 972-924-3325 972-924-2620 FAX nwilkison@annatexas.gov JUfd 2 0 2014 1 06/6/2019 09;38 T0;+1 (972) 9242620 FROM;2197852997 Page; 1 - Fax Transmission TO: '97292S+2@nextivafax.c lII FaX: +1 (972} 9242620 RE: application Comments: From: Alyse Fergusan Date: 6/6/2014 Pages: s N C'^- d"t N �'-- N O PG Cxa 0 fV l0 N .�+ N 61 rl -F- O H ter+ ,--i o ..,,µ N !� '.a .% �n ;` `,.+ �� � � :....................ar o � 06/6/2014 09,38 T0;+1 (972) 9242620 FROtt;2147852947 Page: 3 CITY OF ANNA APPLICATION FOR CITY COUNCIL -APPOINTED BOARDS AND COMMISSIONS Note: Applications will be hold ►br one (1 j year. Board/Commission Preference: ❑ EDC —Economic Development Corporation ❑ P&Z—Planning and Zoning Commission ❑ Board of Adjustments Name: Alyse Ferguson CDC -Community Development Corporation ❑ Parks Advisory Board Home Address: 103 Wilkes Ct Home Telephone; 214-566-3722 Home Fax: 214-785-2947 e-mail: IYsie05@yahoo.Com A Homnna resident for Professionloccupation; Business Name: Ferguson Law Office 1207 West University Dr. Ste 101 Business Address: Business Telephone: 214-566-3722 Business Fax: new -785-2 214947 years Business E-mail: fergusoniawoffice@att.net Special knowledge or experience applicable to board/commission function: I am an attorney and Interested In the development and preservation of Anna Other information (e. ., civic activities served the city ofi Plano on the ed Light Traffic Committee far 3 Have you ever been convicted of a felony or a crime involving moral turpitude? NO Signature Date Please return completed a lica�on to: 972.924-3325 Office of the City Secretary 972-924-2620 FAX 111 N. Powell Parkway nwilkison@a annatexas,gov Po Box 776 Anna, TX 7W9-0776 APPLICATION FOR �fYaF�N�,r.T�r� CITY COUNCIL -APPOINTED BOARDS AND COMMISSIONS Note: Applications will be held for one (9) year. Board/Commission Preference: � EDC —Economic Development Corporation ❑ P&Z —Planning and Zoning Commission ❑ Board of Adjustments Name: Stan Carver II Home Address: 2014 Rhymers Glen Dr Home Telephone: 214-502-4674 CDC -Community Development Corporation Parks Advisory Board Home Fax: Home E-mail: SCarVer2@me.COm Anna resident for 2 years Profession/occupation: Business Name: Mercury Flight Business Address: 5072 West Plano Parkway #150, Plano, TX 75093 Business Telephone: 855-247-7611 Business Fax: Business E-mail: stan@mercuryflight.com Special knowledge or experience applicable to board/commission function: Preside as VP, CTO, & CEO for various companies. Serve FBC Finance Committed Spearheaded numerous start-up businesses in technology and educational fields. Presented X-Sports plan to Carrollton Parks w/$$ support from Tony Hawk & ABA. Other information (e.q., civic activities): Volunteer at Anna s House. Active with son's Boy Scout Troop, where possible. Active member of FBC Anna where I lead a home group, teach, and play the guitafi AnnalSD PTA member & volunteer at schools. Camp counselor at youth camp. Have you ever been convicted of a felony or a crime involving moral turpitude? no June 18, 2014 Signature Date Please return completed application to: Office of the City Secretary 111 N. Powell Parkway PO Box 776 Anna, TX 75409-0776 972-924-3325 972-924-2620 FAX nwi I kison @annatexas.gov CITY OF ANNA APPLICATION FOR CITY COUNCIL -APPOINTED BOARDS AND COMMISSIONS Note: Applications will be held for one pl year. Board/Commission Preference: � EDC —Economic Development Corporation ❑ P&Z —Planning and Zoning Commission ❑ Board of Adjustments Name: Chris Uminowicz ❑ CDC —Community Development Corporation ❑ Parks Advisory Board Home Address: 1520 Black Willow TRL, Anna, TX 75409 Home Telephone: 214-504-2421 Home Fax: Nome E-mail: ChrIS.UriIInOWICZ@gillall.COm Anna resident for 7 Profession/occupation: Business Name: Technical Project Manager Business Address: Business Telephone: Business Fax: Business E-mail: years Special knowledge or experience applicable to board/commission function: Manage large scale technical projects consisting of data center migrations, expansions, and software/hardware deployments, Familiar with web/network technologies, and would be able to effectively communicate with businesses. Other information (e.g., civic activities): Volunteer at: ChallengeAir.com Have you ever been convicted of a felony or a crime involving moral turpitude? � 06/10/14 Signature Date Please return completed aaalication to: Office of the City Secretary 972-924-3325 111 N. Powell Parkway 972-924-2620 FAX PO Box 776 nwilkison a annatexas.gov Anna, TX 75409-0776 0 CITY OF ANNA v A1tx LL -- COUNCILwAPPOINTED BOARDS AND COMMISSIONS Board/Commission Preference: EDC —Economic Development Corporation ❑ P&Z —Planning and Zoning Commission ❑ Board of Adjustments Name: Christopher Uhl, CMA Mote: wtt! be held for one (9) year. CDC —Community Development Corporation ❑ Parks Advisory Board Home Address: 1016 Langford Ct, Anna, TX 75409 Home Telephone: 903-815-4111 Home Fax: Home E-mail: ChrIS.UhI.hSUi@gmail.com Anna resident for 2.5 Profession/occupation: Business Name: Catalyst Corporate Federal Credit Union Business Address: 6801 Parkwood Blvd, Plano, TX 75024 Business Telephone: 214-703-7791 Business Fax: 214-703-7920 Business E-mail: cuhl@catalystcorp.org years Special knowledge or experience applicable to board/commission function: I have worked in finance for over 5 years and have been looking for a way to contribute my knowledge and skills to my local community. I work with credit unions accross the country to better handle their investments and other assets. Other information (e.g., civic activities): I have attached my resume for your review, I hope that it demonstrates that I have a financial background that would be beneficial to growing our community. Have you of a felony or a crime involving moral turpitude? NO 6/11/2014 Date Please ret_u_ rn_ completed application to: Office of the City Secretary 111 N. Powell Parkway PO Box 776 Anna, TX 75409-0776 972-924-3325 972-924-2620 FAX nwilkison@annatexas.gov Christopher Uhl, CMA 1016 Langford Ct. Anna, Texas 75409 9034154111 a chris.uhl.hsu@gmail.com Education and Certification: Certified Management Accountant (CMA) August 13, 2013 Masters of Business Administration (MBA) Henderson State University, Arkadelphia, Arkansas December 19, 2008 GPA: 3.61 Bachelors of Business Administration (BBA) Henderson State University, Arkadelphia, Arkansas May 11, 2007 GPA: 3.80 Magna Cum Laude Work Experience: Catalyst Corporate Federal Credit Union, Plano, Texas August 2013-Present Asset and Liability Management Analyst • Perform analysis and consultative services for member credit union's asset and liability positions • Prepare quarterly risk analysis while working closely with member executive management • Catalyst Innovation Group founding member, researching process improvement and revenue generation • Developed new process to streamline Credit Union data submission by i nporting their call report data files directly into the analysis • Automated process improvements that have saved the equivalent of one full time employee Union Standard Insurance Company, Irving, Texas Senior Financial Analyst July 2012-August 2013 • Designed and implemented a streamlined variance reporting and analysis model used by company executives • Asset, liability, profit/loss and interest rate risk analysis with results and recormnendations given to executives • Developed automatic ledger balancing tool saving company $25,000 annually • Automated financial statement reporting including Income Statement, P&L, Balance Sheet, and all company financial reports • Reconcile financial statements and fixed asset charges to general ledger • Developed complex Excel VBA macros used for sales and pricing budgets, commissions forecasting, and modeling company financials for 10 Branches • Quantitative analysis, metrics reporting, statistical modeling and project management • Fixed income and risk management valuations and analysis Raytheon Space and Airborne Systems, McKinney, Texas June 20094uly 2012 Financial Analyst • Saved company over $300,000 annually with Excel efficiency improvement models • Independent Control Account Manager on $36M program • Lead Financial Analyst on 9 programs totaling $67M, including 4 international programs • Billings, Internal Controls and Financial Planning and Analysis Functions • Earned Value Management System Level 2 Certified • Weekly/Monthly variance analysis including ad hoc analysis and reporting • Monthly forecast, modeling and budget analysis • Preparation and presentation of quarterly performance metrics to management • Train and lead others on efficiency improvement initiatives • Prepare complex sets of analysis with personal narrative Henderson State University, Ross Whipple Fund August 2008-December 2008 Financial Analyst Intern • Conducted financial statement analysis, investment analysis, and financial performance evaluations of the university's endowment Consolidated Electrical Distributors, Hot Springs, Arkansas January 2007 - June 2007 Internal Auditor Intern • Learned leadership skills • Acquired management experience with customer interaction and personnel relations • Worked with management to create company budget and forecast reviews Honors, Achievements and Organizations: • Department of Defense Secret Clearance • Six Sigma Specialist • SAP APEX R/3 Subject Matter Expert Skills • Institute of Management Accountants • Insurance Accounting & Systems Association, Incorporated • Habitat for Humanity Volunteer • Microsoft Excel, Microsoft Word and Microsoft PowerPoint Expert • Oracle 11, Hyperion Essbase Administrator, Hyperion Financial Reporting Suite • Peoplesoft General Ledger • Microsoft SQL Database, Microsoft SharePoint and Microsoft Access • Advanced VBA Macro Code Writing • FAR/DFAR, CAS, GAAP Knowledge • Strong analytical, investigative and organizational skills • Advanced Italian, intermediate Spanish and basic French language comprehension, ability to learn more languages as necessary CHRIS UMINOWICZ 214-504-2421 Chris.uminowicz@gmaH.com Technical Delivery Manager IT professional who develops creative solutions to resolve issues and achieve success. Functions well in all conditions, enjoys a challenge, and maintains composure to get things done. Highly organized planner, and skilled negotiator, used to fast -paced environments and multiple projects. Uses strategic vision to manage short term goals and long range plans. Demonstrates hands on technical abilities to compliment business acumen. PROFESSIONAL EXPERIENCE Apex, Addison, TX Technical Delivery Manager — Bank of America 11/2012 - • Drive execution for enterprise deployments of software development and infrastructure projects within the Loss Mitigation Mortgage Group. • Define requirements, technologies utilized, and deployment strategies for projects using DAIC/Agile. • Utilize solutions from enterprise network, virtual server, storage, and application development to create total solution for internal business customers. • Create all required documentation, project plans and architecture diagrams for project audit requirements. • Assess performance, security, capacity, and people/process impacts for technology projects. • Manage the process to insure all projects meet company architecture and product roadmap guidelines. • Schedule status meetings based on project sub -teams, and report to Senior Management via project 4- Blockers. • Manage project budgets of $2MM to $SMM via Clarity, and monitor burn rate variances. • Coordinate efforts of project release management with User Acceptance Testing (UAT), Quality Assurance (QA), and Network/Server teams. • Schedule code releases, and infrastructure deployments, with Enterprise Release Management Team. • Track all defects to resolution in HP Quality Center. • Upgraded application development pipeline with new VMWare servers replacing outdated SQL 2005 environment. • Re -engineered system process using enterprise wide C++ Loan Management Application, to reduce loan recycling time. ICONMA, Plano, TX 6/2012-11/2012 Technical Project Engineer —Capital One • Manage large scale design and delivery of infrastructure projects for the Home Loans and Auto Finance business units. • Define project scope, goals, and deliverables that support the business in collaboration with senior management and stakeholders. • Translate business requirements into technology solutions. Manage solution through the entire SDLC process. • Utilize MS Project, Office and Visio to create project plans, functional requirements, high/low level design documents, and all required internal change controls. • Insure all solutions adhere to Enterprise Architectural standards. • Assist in developing product roadmaps, analyzing new technologies, and evaluating non-standard technologies in pilot environments. • Coordinate effort of third party IBM/Verizon resources relative to project components that are outsourced. Resources are both onshore and remote offshore. • Follow standard Capital One Agile/Waterfall project management methodology, and insure project tollgates completed successfully. • Responsible for build out of development, staging, and production environments for enterprise applications. • Lead project technical team responsible for integration of Capital One and ING Direct development locations. • Converted Clearcase sourcecode repository into Subversion/Hudson continuous integration build environment. • Manage SQL and Oracle database conversions across development and production environments. TECHLINK SYSTEMS, Dallas, TX 4/2010-5/2012 IT Project Manager - Bank of America • Focus of the team is to drive execution for transforming the enterprise environment to newer technologies within Home Loans and Legacy Asset Servicing. • Follow the DMAIC project management methodology, utilizing internal systems of record Nexus and Clarity. • Create architectural designs, functional requirements, high/low level designs, Visio diagrams and test scripts to support project milestones. • Overcome any technical hurdles, and follow the solution through the full lifecycle to deployment. • Insure all technological solutions are evaluated for baseline capacity, security, future growth, and enterprise technology roadmaps. • Research project estimates for correct forecasting and correct allocation of resources. • Manage the relationship with Dell, IBM, and external vendors to align solutions with company standards. • Manage development teams and infrastructure teams on maintaining timelines for project completion. • Serve as subject matter expert on infrastructure and architecture reviews. • Provide technical expertise in support of production, development, QA and disaster recovery environments. • Perform gap/risk analysis, and devise controls to mitigate areas of exposure. • Institute guidelines for success criteria, and control plans for Steady State operations. • Document lessons learned with clients and vendors to improve future solutions. • Lead effort to convert aging SQL servers to VMWare and SQL Server 2008. SATORI CREATIVE SOLUTIONS LLC, Dallas, TX Technical Project Manager 7/20074/2010 • Gathered business requirements from clients relative to new technology projects. • Evaluated new technologies and develop strategies to incorporate the advances into the client's strategic support and asset management plan. • Prepare project reports to inform management of progress and deviations from goals. • Created requirements documentation, risk documents, budget forecasts, and project plans as required. • Managed project team of engineers for network integration efforts. • Performed upgrade of Cisco routers and switches. • Provided onsite installation and configuration support for application and networking products. PRI Technology, Rockaway, NJ 6/2006- 6/2007 IT Project Manager • Provided onsite technical support and project management for IT infrastructure projects. • Conducted site surveys for branch offices and installed Cisco routers with associated network infrastructure. • Managed the relationship between IT stakeholders and the business units. • Created network drawings, checklists and standard operating procedures for client use. • Monitored the change control process and resolved any technical issues onsite. • Review project feasibility studies and work standards. WYNDHAM WORLDWIDE HOTEL GROUP, Parsippany, NJ 10/2005- 6/2006 IT System Architect • Handled the migration of outsourced web applications to a new data center. • Developed project documentation, and financial analysis paperwork, to cover all facets of the major system move from an outsourced environment. • Researched, designed, and recommended alternative solutions of SUN hardware, Cisco network devices, and network software. • Lead the team to design new network infrastructure, with intrusion detection/prevention, and performance monitoring. • Maintained project documentation, including project initiation requests, capital and expense costs, project plans, and lifecycle documents in Microsoft Sharepoint. • Performed website capacity planning using Webtrends and Site Catalyst. • Managed the Java development team on code deployments. • Supported the web environment using Apache and WebLogic. SCHERING PLOUGH, Kenilworth, NJ 11/1999-9/2005 Manager, Global IT Client Services • Managed a group consisting of full time employees and consultants, providing technical project management, desktop/helpdesk support, and procurement/asset management for 5,000 clients. • Followed ITIL methodologies for Service Management of IT functions. • Instituted process to provide quicker resolution to help desk issues. Utilized Remedy, a web -based help desk system with electronic tracking of call tickets. • Managed relationships with third party vendors, and gauged performance against service level objectives. Produced adhoc reporting on call resolutions. • Re -aligned support territories, redeploying staff for maximum effectiveness. • Provided end -to -end process support from ordering equipment to installing in client's area. EDUCATION Seton Hall University, W. Paul Stillman School of Business Bachelor of Science Degree in Computer Science Graduate Cum Laude APPLICATION FOR ,rY�fr„,,,Extis CITY COUNCIL -APPOINTED BOARDS AND COMMISSIONS Nofe: Applications will be held for one (9) year. Board/Commission Preference: © EDC -Economic Development Corporation ❑ P&Z -Planning and Zoning Commission ❑ Board of Adjustments at Doug Hermann ❑ CDC —Community Development Corporation ❑ Parks Advisory Board Home Address: 511 Elm Grove, Anna, TX 75409 Home Telephone: 972- Ant) -648 Home E-mail: dhermanntx@gmail.com Profession/occupation: Business Name: The Weitzman Group Home Fax; 972-396-0888 Anna resident for 1 Business Address; 3102 Maple Ave. Suite 350. Dallas, TX 75201 Business Telephone: 214-720-6691 Business Fax: Business E-mail: dhermann@weitzmangroup.com 214-953-0866 years Special knowledge or experience applicable to board/commission function: Commercial real estate broker for retail real estate firm representing 40 million sgft, in Texas. Member of the International Council of Shopping Centers, Firm represents hundreds of big retail clients in D/FW. Other information (e.g., civic activities). Eagle Scout, Current Unit Commissioner in Boy Scouts of America. Active in local Church. Volunteer at elementary school. Former military service. Have yok everri::!= elony or a crime involving moral turpitude? No (*Oto� / 4�n? I 1 � $ _ 1K Signa et Date Office of the City Secretary 972-924-3325 111 N. Poweli Parkway 972-924-2620 FAX PO Box 776 nwil{<ison@annatexas.gov Anna, TX 75409-0776 'JUL 14 201A or THE WEI I ZMAN GROUP Robert E. Young, Jr. Managing Director The Weitzman Group July 8, 2014 111 North Powell Parkway P.O. Box 776 Anna, Texas 75409 RE: City of Anna Economic Development Corporation Dear Board Members: I strongly recommend Doug Hermami as a member of the City of Anna's Economic Development Corporation. Doug will bring market knowledge, energy, ethics and high standards to the group and therefore will fit in well with its mission to expand the city's tax base and promote job growth within the collet unity. Doug is a resident of Anna and understands first-hand the benefits the market has to offer. As an associate with The Weitzman Group, one of Texas' leading commercial real estate services firms, he offers the Anna market wide exposure to a nationwide network of contacts. At Weitzman, Doug handles retail project leasing, retail tenant representation and general brokerage in the Dallas/Fort Worth area. His previous real estate experience working as a residential real estate agent with Ultitna Real Estate of Dallas provides him with a background that covers both the residential and commercial markets. Doug will bring a lot of energy and drive to the Economic Development Corporation. He is a valuable member of The Weitzman Group team, and I know he will prove to be a valuable member of the City of Anna's Economic Development Corporation. I thank you in advance for your consideration of Doug Hermann. 3102 Maple Avenue Suite 350 Dallas, Texas 75201 214.954.0600 fax 214.953.0866 vuww,WeitzmanGroup,cotn The Weitzman Group is the brokerage division of Weitzman Management Corporation, a regional realty corporation which also does business through its management and development division, Cencor Realty Services John Hopewell 2605 Kennedy Dr Melissa Tx 75454 214-585-7814 To Whom It May Concern: I'd like to recommend Doug Hermann for a position with the Economic Development Corporation. I've net with him and spent time with him discussing the future needs of the city, He brings the backing and knowledge of commercial development and retail recruitment with The Weitzman Group. He is dedicated and very interested in seeing the future of the city grow in a thoughtful and well planned manner. After a lengthy discussion he also has clients interested and seeking new investment opportunities specifically looking for areas to place office space. I truly feel he would be an asset to the community in many ways and hope that you will consider his placement on the board. Thank you for your consideration, Sincerely John Hopewell Former City Council Place 3 Jun.18.2014 4105PM No.1665 P. 1 FTY U F AN NA APPLICATION runt CITY COUNCILwAPPOINTED BOARDS AND p 111111111a0IQN0 Note: Appllcallorts will Be held PQrone (-1 year, 130ard/Commission Preference, © EbG —Economic DevefopmQnt Garporafion ❑ P&Z —Planning and Zoning Commission :1 Board of Adjustments Name: Jeff CiaVIS Horr�a Address: 42`l BUtCh Cassidy Clr. ❑ GdC —Community bevefopment Corpora#ion ❑ Parks Advisory Board 1-fume I eiephone: $ -4 ��[I Home rax: Home E-mail: d�Yi�29$0iabcg[Qba[,net Anne resident for �� Profession/occupation: business Name: TAPS Public Transit - Transp4rkatiQn Solutions Coordinator �usine$s address: 3400 Texoma Parkway, Sherman, TX 75090 Business Telephone: 903-32$-21'19 Business Fax WM93-4766 business E-mail. )effdavis@tapsbus.ccm years Special knc�wledc�e or experience appficab[e to board/commission funcfian: Worked as a Cru for two nm=TQrupr0T1t hospitais In Atlanta, TX and ainesviila, TX Salved on CASA Board In Gainesviile, TX, Served on Planning and Zanina in Atlanta, TX ©that information (a.,g., civic activPties): Served an Allocation Coirtmittee in �ainesvilie, TX'far United Way Have �.aa]ever beey�onvicted of a felony ar �, crime involving moral turpitude NO please return comaleted anplj��t�PJltp; Offine of the City Secretary 1'I1 N. Powell Parkway PO Box 776 Anna, TX 76409-0776 June -18, 2094 Gate 972-924-3325 972�924-2G20 i✓Ax nwi It<isanQ�xxtxatexas,gov s APPLICATION FOR Oil C1TY0PANNA,TF%A8 CITY COUNCILwAPPOINTED BOARDS AND COMMISSIONS Note: Applications will be held for one Board/Commission Preference: �EDC —Economic Development Corporation ❑ P&Z—Planning and Zoning Commission ❑ Board of Adjustments Name: Home Address: year [ CDC —Community Development Corporation ❑ Parks Advisory Board Home Telephone: -� 7� Home Fax:1`i-a35 Home E-mail: AA962kS5 AJ1VWrCG Anna resident for _�_ years Profession/occupation: Business Name: Business Addres Business Telephone:�l7a(���('�-471�C��GI Business E-mail: . ��5 106-,x Special knowledge or experience applicable to Other information (e.g., civic activities}: Have you ever been convi d . f a felony or a crime involving moral t fpitude? �� i0 A l Siangtu Date Office of the City Secretary 972-924-3325 111 N. Poweli Parkway 972-924-2620 FAX PO Bax 776 nwilkison@annatexas.gov Anna, TX 75409-0776 RECEIVED • � a i HOMETOWN Council Meeting: July 22I 2013 Account Code #: N/A Budgeted Amount: N/A Item No. 16 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Natha Willtison Date Prepared: 7-16a13 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding appointments and reappointments to Anna Community Development Corporation. (City Council) SUMMARY: There is one (1) vacancy on the CDC at this time Place 2 and Places 4 and 6 are up for reappointments. New applicant applications are in your packet for your consideration. RECOMMENDATION: Staff recommends malting appointments/reappointments to the CDC. i HOMETOWN Council Meeting: July 22, 2013 Account Code #: N/A Budgeted Amount: N/A Item No. 17 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Natha Willcison Date Prepared: 7-16a14 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action regarding reappointments/appointments to the Board of Adjustment. (City Council) SUMMARY: There is one (1) vacancy on the BOA at this time. Place 3 is vacant. Robert Simonsen, Place 2, John Houcek, Place 4, Doug Hanna Place 2A, are up I or reappointments at this time. Current Board Members Jon Hendricks, Place 1, Robert Simonsen Place 2, John Houcek Place 4 and Scott Stroud Place IA have confirmed that they wish to remain on the board. I have not received a confirmation back from LaShardar Jarvis -Wells, Place 5 or Doug Hanna, Place 2A at this time. RECOMMENDATION: Staff recommends reappointments/appointments to the BOA. i Council Meeting: July 22, 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 18 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 7-16-14 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); 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 mattes: City Secretary Update; Boards and Commissions.(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. Y{OUR} �iOMETOWN Council Meeting: July 22, 2014 Account Code #: N/A Budgeted Amount: N/A Item No. 19 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 7-16-14 Exhibits: ❑Yes ❑ No AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda for July 22, 2014 Workshop Session or any Closed Session occurring during this Regular Meeting, as necessary. SUMMARY: RECOMMENDATION: Council Meeting: July 225 2014 Account Code #: N/A Budgeted Amount: N/A AGENDA SUBJECT: Adjourn. SUMMARY: Item No. 20 City Secretary's use only City of Anna City Council Agenda Staff Report Staff Contact: Philip Sanders Date Prepared: 7-16-14 Exhibits: ❑Yes ❑ No RECOMMENDATION: Staff recommends a motion to adjourn.