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HomeMy WebLinkAboutCCpkt2014-10-14Y{OUR? HOMETOW N CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP October 14, 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., October 14, 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 proposed Villages of Hurricane Creek Development. (City Manager) 4. Briefing/Discussion regarding 2014 Bond Refunding. (Clayton Fulton) 5. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions, a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code . 551.071); 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 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 10-14-14 CC Workshop Meeting Agenda.doc Posted 10-10-14 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 4551.087 ); proposed residential and retail developments; d. discuss or deliberate personnel matters: City Secretary Annual Review and update; City Manager Annual Review; 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. 6. Consider/Discuss/Action on any items listed on posted agenda for October 14 2014 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. 7. Adjourn. This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City all bulletin board at or before 5:00 p.m., October 10, 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 912 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. ]0-14-14 CC Workshop Meeting Agenda.doc 2 Posted 10-10-14 CITY OF ANNA, TEXAS Item No. 3 WS City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: AGENDA SUBJECT: Briefing/Discussion regarding proposed Villages of Hurricane Creek Development. (City Manager) SUMMARY: STAFF RECOMMENDATION: �w CITY OF ANNA, TEXAS AGENDA SUBJECT: Briefing/Discussion regarding 2014 Bond Refunding SUMMARY: Item No. 4 W S City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: October 14, 2014 Clayton Fulton City staff and our financial advisors have been working on our long term debt management plan to ensure timely refundings for economic savings, strategic purposes, or both. As part of that plan, refundings of the 2009 Refunding Bond, the 2006 CO, and the 2011 CO are all contemplated refundings at this time. The 2009 Bond was issued to refund several debt instruments into a single issue. The 2006 CO and 2011 CO were issued for General Fund purposes. The General Fund debt is being refunding for savings while the Utility Fund debt is being refunded for strategic purposes. Without refunding the OF debt we would see a significant spike in debt service beginning in FY 15. The refunding will smooth the spike into more manageable and gradual increases in debt service through the next planned refunding in 2017. To obtain maximum flexibility, these refundings are being proposed as a private placement rather than an open market placement. Staff from First Southwest will present the plan to council at the meeting and review the process for refunding the proposed debt instruments. Action on the proposed refundings would occur at the October 28, 2014 regularly scheduled council meeting. STAFF RECOMMENDATION: None. 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. 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N O E v LL 7 Y{OUR3HOMTsTOWN CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING October 149 2014 7:30 p.m. —Anna City Hall Administration Bung The City Council of the City of Anna will meet in Regular Session at 7:30 p.m., October 14, 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. 2. Invocation and Pledge of Allegiance. 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. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 10-14-14 CC Regular Meeting Agenda.doc 1 Posted 1040-14 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 regarding the FY 2015 EMS Contract. (Chief Gothard) b. Approve a Resolution regarding an Inter -Local Agreement for Environmental Services. (Maurice Schwanke) c. Approve a Resolution regarding an Inter -Local Agreement for road and bridge improvements. (City Manager) d. Approve a Resolution regarding consent for inclusion of dual certification and city limit area in the proposed North Collin Special Utility District boundary. (City Manager) e. Approve a Resolution approving the Margarita Rodriguez Development Plat. (Maurice Schwanke) £ Approve an Ordinance approving the 2014 Tax Roll. (Clayton Fulton) 6. Consider/Discuss/Action regarding a resolution approving the purchase of a gazebo at Natural Springs Park. (Maurice Schwanke) 7. Public Hearing: For City Council to hear public comment regarding the proposed rezoning of Villages of Hurricane Creels from "PD" — single family residential to "PD"— single family residential. (City Attorney) 8. Public Hearing: For City Council to hear public comment regarding the creation of a Public Improvement District for the Villages of Hurricane Creels. 9. (a) Public Hearing: For City Council to hear public comment regarding the proposed rezoning of the Avery Point Development from "PD" — single family residential and commercial to "PD" — single family residential. (Maurice Schwanke) (b) Consider•/Discuss/Action regarding an ordinance approving the 1•ezoning of the Avery Point Development. (Maurice Schwanlse) 10. Consider/Discuss/Action regarding a Resolution Ending a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by QJR Partnership LTD. (City Manager) 11. Consider/Discuss/Action regarding a Resolution initiating proceedings, and setting the dates, times, and places for public hearings for• the annexation of a 162.12 acre tract of land located in the F.T. Daffau Survey, Abstract No. 0288; and a 64.5 acre tract of land in the John Ellet Survey, Abstract No. 0296 and extending an offer to the owners of said properties to make a Development Agreement with the City. (Maurice Schwanke) 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act, 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 10-14-14 CC Regular Meeting Agenda.doc 2 Posted 104044 1I Consider/Discuss/Action regarding a Resolution setting the dates, times and places for public hearings for the voluntary annexation of a 23.19 acre tract of land located in the J.C. Brantley Survey, Abstract No. 114, (Maurice Schwanke) 13. Consider/DiscusslA"lull regarding approval of a Development Agreement with Troy and Floella Queen. (City Manager) 14. 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 matters: City Secretary Annual Review and Update; City Manager Annual Review; 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. 15. Consider/Discuss/Action on any items listed on posted agenda for October 14, 2014 Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 16. Adjourn. 1. The Council may vote and/or act upon each ofthe items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 10-14-14 CC Regular Meeting Agenda.doc 3 Posted 10-10-14 This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. October 10, 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. 10-14-14 CC Regular Meeting Agenda.doc 4 Posted 10-10-14 CITY OF ANNA, TEXAS AGENDA SUBJECT: Call to order. SUMMARY: STAFF RECOMMENDATION: Item NO. I City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: October 8, 2014 City Manager CITY OF ANNA, TEXAS Item No. 2 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: AGENDA SUBJECT: Invocation and Pledge of Allegiance. SUMMARY: STAFF RECOMMENDATION: October 8, 2014 City Manager ■ CITY OF ANNA, TEXAS Item No. 3 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: October 8, 2014 City Manager AGENDA SUBJECT: 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. SUMMARY: STAFF RECOMMENDATION: CITY OF ANNA, TEXAS Item No. 4 City Secretary's use only City Council Agenda Staff Report Date: October 8, 2014 Staff Contact: City Manager Exhibits. AGENDA SUBJECT: Receive reports from Staff or the City Council about items of community interest. Items of community interest include expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. SUMMARY: STAFF RECOMMENDATION: CITY OF ANNA, TEXAS Item No. 5 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits. October 8, 2014 City Manager AGENDA SUBJECT: Consent Items. These items consists of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council Member making such request prior to motion and vote on the Consent Items. SUMMARY: a. Approve a Resolution regarding the FY 2015 EMS Contract. (Chief Gothard) b. Approve a Resolution regarding an Inter -Local Agreement for Environmental Services. (Maurice Schwanke) c. Approve a Resolution regarding an Inter -Local Agreement for road and bridge improvements. (City Manager) d. Approve a Resolution approving a final plat of Anna Crossing, Phase IA. (Maurice Schwanke) e. Approve a Resolution approving a final plat of Anna Crossing Phase IA and 1B Right -of --Way. (Maurice Schwanke) f. Approve a Resolution regarding consent for inclusion of dual certification and city limit area in the proposed North Collin Special Utility District boundary. (City Manager) ,Approve a Resolution approving the Margarita Rodriguez Development Plat. (Maurice Schwanke) h. Approve an Ordinance approving the 2014 Tax Roll. (Clayton Fulton) STAFF RECOMMENDATION: Staff recommends approval of the consent items. �w CITY OF ANNA,TEXAS Item No. 5 a City Secretary's use only City COuncil Agenda Staff Report Date: Staff Contact: Exhibits: AGENDA SUBJECT: Approve a Resolution regarding the FY 2015 EMS contract. SUMMARY: Yes October 14, 2014 Chief Gothard This is the renewal of the Collin County —City of Anna contract for EMS service for the incorporated areas of the City of Anna. The time period for this contract is from November 1, 2014 to October 31, 2015, The total amount is $124,154.68. This is a budgeted item. STAFF RECOMMENDATION: Approve the Collin County contract for EMS service to the City of Anna. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN INTERLOCAL AGREEMENT WITH COLLIN COUNTY FOR THE PROVISION OF AMBULANCE SERVICES. WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that the City of Anna Fire Chief, in furtherance of the Department's purpose of preserving and protecting the public health and safety of the residents of incorporated area of the City of Anna in Collin County, recommends that the City approve the agreement for The Provision of Ambulance Services s with Collin County. Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14tn day of October 2014. APPROVED: Mike Crist, Mayor ATTEST: Natha Wilkison, City Secretary RES. 2013-07-02 Amending Cty Jail Services Agreement PAGE 1 of 1 07-09-13 u COLLIN COUNTY Office of the Purchasing Agent Collin County Administration Building Contract Amendment One (1) 2300 Bloomdale Rd, Ste 3160 McKinney, TX 75071 972-548-4165 Vendor: City of Anna Attn: City Manager 111 N. Powell Parkway Anna, TX 75409 Awarded by Court Order No.: Contract Amendment Court Order No 1.: Contract Amendment Court Order No 2.: Contract Provide EMS City of Anna Contract No. 2014-286 Effective Date 1-Nov-13 2014-446-07-28 YOU ARE DIRECTED TO MAKE THE FOLLOWING AMENDMENT TO THIS CONTRACT 1. Extend contract at the same terms and conditions of the contract of November 1, 2014 through October 31, 2015. 2. Payment for contract year November 1, 2014 through October 31, 2015 is $124,154.68. Payment will be made quarterly in four (4) equal installments of $31,038.67 due per the agreement. Except as provided herein, all terms and conditions of the contract remain in full force and effect and may only be modified in writing signed by both parties. ACCEPTED BY: ACCEPTED AND AUTHORIZED BY AUTHORITY OF Cu COUNTY City of Anna COMMISSIONERS' COURT (print name) Collin County Administration Building 111 N. Powell Parkway 2300 Bloomdale Rd, Ste 3160 Anna, TX 75409 McKinney, Texas 75071 SIGNATURE Michalyn Rains, CPPO, CPPB TITLE: Purchasing Agent DATE: DATE: U Ix F- Q Z 0 m � W W Ln ti O N 1- LL W ri W Ln M n N M W W N� M W Y M n I�t M N cr N M M N to O N N O ri 00 N O M 4 M ri O M rl n V U M LO n ri LO N 00 n M w 00 M LO al d' O 00 00 Ln N d' O N n N 00 Ln' N d' M LO O M 00 N ri Lr d' N = N M 'ct Ln N N N Ct LO ri N N 01 O M O u iZ t? t/? to -Ln L} V), t/? ILn 'L 1 V), t4 14 C n M H 01 00 M O ct 00 N LO M Ln V N M M M O E 00 LD 4 O Ln O M M ri rl ° irn 0000 rn 00 � o i m amo ri M of M Ln of M to ri ? _ M ri N N t @ 3 t/T t? to t/T to in to V). to V) N -(n N 00 N Ln N N ri 0) 00 V ct to W M O al rl N� rl M M N O ui Ln U Lin LO � LO N 00 M M 0000 M ri N LO 0; N 00 O r� N ci O N M h N� ri ci ri O e ii c v V'� to to to tR t? tR to to to a v > m m w LY LY K w w LY J= w m a a a a a a a a a a a a a Ln 2 W c C E Na) C C C C a) C C C a) a) Y •M -C 0) O) N Ol 0) � N a) (u t t u N N N N N N i t UZ LU LU LU LU LLfI Z L.LJ w w Z Z � N Ln Ln O Q1 00 LO M N M M cr 00 N O N� M ai M 00 n v rn n oo rt Ln W N al al N N N O NM* al ri d' LO O r M ri N M Ln rl N Ln ¢ M N %O M N 00 O N �t N 00 a1 0� M M LO M M n 'd' M L-i NLn eNi O 0 O. No, \\ o o 0 � o 0 0 0 0 Ln N O o\' Lr) N M 0 rl M 0 0 ri rpi o Ln n O ^^ 00 LO M O RZT 00 00 a aa) %c^-I N 00 M ai N rt L-i Ln r` M Ln O c AA } V W p VRZT W T i al n O al al M rf M~ 01 a, O W M M of O ri M Ln h n 00 O' i M M N m W M N� Ln Ln N 00 n rt O V rl N M M H rf ri M R 00 ri ci N LL C ''... = LU U > > oz to N' O U LL u a � N +�+ EA O) O) O C ( O a c u o v fi u W O_ i t�N/_I U ° a Q LL v c E v 3 •� f�@O L^ m LL aai a m m Li or or FM t/> Anna $ 123,682*56 Blue Ridge $ 14,609*29 Branch $ - Farmersville $ 41,813*78 Josephine $ 15,446*14 Lowry Crossing $ 24,424.47 Melissa $ 77,798.03 Nevada $ 12,155.50 Princeton $ 94,549.08 Royse City $ - Westminster* $ - Weston $ 5,460.76 Quarterly Payment $ 30,920064 $ 3,652.32 $ 10,45145 $ 3,861.53 $ 6,106.12 $ 19,449,51 $ 3,038.87 $ 23,637.27 $ 1/365019 CITY OF ANNA, TEXAS Item No. Sb� City Secretary's use only City Council Agenda Staff Report Date: Staff Contact Exhibits October Yes 14, 2014 Maurice Schwanke AGENDA SUBJECT: Resolution approving an ILA for Environmental Services with Collin County. SUMMARY: The City has been contracting out to Collin County our environmental review and inspection services of all of our health related issues. These inspections include HOA swimming pools, restaurants, school cafeterias, day care food preparations, and any other place where food is being prepared such as festivals and inside convenience stores. Additionally they review food preparation facility plans prior to and during construction to insure health regulation compliance. The City received reports throughout the year on each inspection made. The 2015 contract amount is $8,200 which is an increase of $712 from the 2014 rate. The rate is based on the population estimates for the City of 10,250 citizens x $.80. The attached resolution approves the Interlocal agreement with the County. STAFF RECOMMENDATION: Approval of Resolution. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY, TEXAS, AND THE CITY OF ANNA, TEXAS WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the City Council of the City of Anna, Texas ("City Council") has approved the Interlocal Agreement between Collin County and the City of Anna ("Agreement") concerning the provision of Environmental Services; and WHEREAS, the City Council has determined that the Agreement with Collin County, Texas the "County") will benefit the residents of both the County and the City of Anna, Texas (the "City"); and WHEREAS, the City Council has determined that it is in the best interest of the City and its citizens to authorize, ratify and approve the City Manager's execution of said Agreement; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. The City of Anna City Council hereby approves the Agreement, attached hereto as EXHIBIT 1, incorporated herein for all purposes and authorizes the City Manager to execute same on its behalf. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 14th day of October, 2014. APPROVED: ATTEST: Mike Crist, Mayor City Secretary PAGE10F1 INTERLOCAL AGREEMENT FOR ENVIRONMENTAL SERVICES THIS AGREEMENT is entered into on the day of by and between the City of Anna ("MUNICIPALITY") and Collin County ("COUNTY"), local governments of the State of Texas. WITNESSETH WHEREAS, The County operates Collin County Development Services, which is a local health department established pursuant to the Local Public Health Reorganization Act, Chapter 121, Texas Health and Safety Code ("The Act"); and WHEREAS, Collin County Development Services performs public health functions that the County is authorized to perform including, but not limited to, environmental services to protect and promote public health; and WHEREAS, The Municipality desires to obtain certain environmental services from the County to be performed for Municipality's residents to their health and welfare; and WHEREAS, the Interlocal Cooperation Act, Title 7, Chapter 791, Vernon's Texas Statutes and Codes Annotated (the "Act"), and the Constitution of the State of Texas, Article III, Section 64(b) (the "Constitution") specifically authorizes counties and other political subdivisions comprised or located within the county, to contract with one another for the performance of governmental functions and/or services required or authorized by the Constitution, or the laws of this State, under the terms and conditions prescribed in the Act; and WHEREAS, the functions and/or services contemplated to be performed by Collin County, Texas, as set out herein, are governmental functions and/or services contemplated by the terms of the Act and are functions and/or services which each of the parties hereto have independent authority to pursue, notwithstanding this Agreement, and WHEREAS, both the county and the political subdivision named herein are desirous of entering into this Interlocal Cooperation Agreement, as is evidenced by the resolutions or orders of their respective governing bodies approving this Agreement which are attached hereto and made a part hereof. NOW, THEREFOR, This AGREEMENT is hereby made and entered into by and between Collin County, Texas, a political subdivision of the State of Texas, and the City of Anna, a political subdivision of the State of Texas, which is wholly or partially located within Collin County, Texas. Consideration for this Agreement consists of the mutual covenants contained herein, as well as any monetary consideration, which may be stated herein. This agreement is as follows, to wit: I. DEFINITIONS 1.1 Environmental Services: The term "Environmental Services" means Services provided by Collin County Development Services. These services shall include, but are not limited to: A. inspections of day care facilities B. inspections of restaurants, schools and other food service facilities C. inspections of public swimming pools D. inspections of hotels and motels E. inspections of bed and breakfast establishments F. investigating any other environmental health complaints G. investigating complaints related to the activities listed in A-E above 1.2 Inspection: The term "Inspection" means an on -site examination to determine whether the facility being inspected is in compliance with the Municipality's Standards. 1.3 Municipality Standards: The term "Municipality Standards" means state and local ordinances and regulations that have been adopted by the Municipality which are applicable to the facility being inspected. II. TERM 2.1 Term: The term of this Agreement shall commence on the 1st day of October, 2014, and shall continue in full force and effect for a period of one (1) year. At the County's option, and with approval by the Municipality, the Agreement may be renewed for five (5) additional one (1) year periods. 2.2 Termination: Either party may terminate this Agreement by giving ninety (90) days written notice to the other party. III. SERVICES 3.1 Services to be Provided: The County agrees to provide to the Municipality's residents, on behalf of the Municipality, the Environmental Service or services required for the enforcement of state ordinances and regulations. 3.2 Time of Performance: The County agrees to perform the services required by the Municipality under this Agreement, within three (3) working days of receipt of any complaint or request by the Municipality. Provided however, the Municipality may request emergency inspections at their sole discretion and the County agrees to inspect accordingly. The applicant must request of the Municipality an inspection as defined in accordance with the City of Anna Food Service and/or Retail Food Store Ordinance as it exists or may be amended. 3.3 Notification to Municipality: The County agrees to notify the Municipality in writing on report forms provided by the Municipality of the results of the County's inspection within five (5) working days of the inspection. IV. NONEXCLUSIVITY OF SERVICE PROVISIONS The parties agree that the County may contract to perform services similar or identical to those specified on this Agreement for such additional governmental or public entities as the County, in its sole discretion sees fit. V. COMPENSATION 5.1 Basic Charge: The Municipality shall pay the County a yearly Basic Charge calculated as $.80 per each inhabitant of the Municipality as determined by the most recent North Texas Council of Government population projections for the services to be performed under this Agreement. This amount shall be due each year regardless of the amount of services performed by the County. The Basic Charge shall be paid by the Municipality each year in four (4) equal quarterly installments. The first installment shall be due on October 1, 2014. The remaining installments shall be due at three (3) month intervals from the date of execution of this Agreement and when the County submits an invoice to the City for the amount due. 5.1.1 Initial Charge: The initial charge for services beginning October 1, 2014 and continuing through and including September 30, 2015 shall be $8,200.00 payable to Collin County in quarterly installments. This figure represents a population number of 10,250 inhabitants X $.80 per inhabitant. 5.1.2 Future Charges: Future charges shall be submitted to the Municipality in the form of a contract amendment and will detail the population number used to formulate the charge for services. 5.2 Inspection Charge: In addition to the Basic Charge set out in Section 5.1, an Inspection Charge in an amount determined by the Collin County Commissioners' Court shall be collected by the County from the person receiving the services for each inspection performed by the County under the terms of this Agreement. The County shall bill the person receiving the service for the Inspection Charge. The Municipality shall be exempt from all charges made pursuant to this section. 5.3 Source of Payment: The Municipality agrees that payments which it is required to make under this Agreement shall be made out of the Municipality's current revenues. 5.4 Issuance of Permits: The Municipality and County agree that requests for services under this Agreement shall be made by the business or property owners. Complaints received by the Municipality shall also be referred to the County for services. The Municipality may further request inspections on its own initiative. VI. CIVIL LIABILITY Any civil liability relating to the furnishing of services under this Agreement shall be the responsibility of the County, except as herein provided. The parties agree that the County shall be acting as an independent contractor for the Municipality in performing services contemplated by this Agreement. The County shall hold the Municipality free and harmless from any obligation, costs, claims, judgments, attorney's fees, attachments, and other such liabilities arising from or growing out of the services rendered to the Municipality pursuant to the terms of this Agreement or in any way connected with the rendering of said services, except when the same shall arise because of the willful misconduct or negligence of the Municipality. VII. AMENDMENT This Agreement shall not be amended or modified other than in written agreement signed by the parties. VIII. CONTROLLING LAW This Agreement shall be deemed to be made under, governed by, and construed in accordance with the laws of the State of Texas. Venue shall be in Collin County, Texas. IX. NOTICES 10.1 Form of Notice: Unless otherwise specified, all communications provided for in this Agreement shall be in writing and shall be deemed delivered, whether actually received or not, seventy-two (72) hours after deposit in the United States mail, first class, registered or certified, return receipt requested, with proper postage prepaid or immediately when delivered in person. 10.2 Addresses: All communication provided for in this Agreement shall be addressed as follows: (A) If to the County, to: Collin County Development Services 4690 Community Ave, Ste. 200 McKinney, Texas 75071 (B) If to Municipality, to: City of Anna 111 N. Powell Parkway PO Box 776 Anna, TX 75409-0776 Or such person at such address as may from time to time be specified in a notice given as provided in this Section 10. In addition, Notice of Termination of this Agreement by the Municipality shall be provided by the Municipality to the County Judge of Collin County as follows: The Honorable Keith Self Collin County Judge Jacl< Hatchell Administration Building 2300 Bloomdale Rd, Ste. 4192 McKinney, Texas 75071 X. CAPTIONS The heading to the various sections of the Agreement have been inserted for convenient reference only and shall not modify, define, limit, or expand the express provision of this Agreement XI. OBLIGATION OF CONDITION All obligations of each party under this Agreement are conditions to further performance of the other )arty's continued performance of its obligation under the Agreement. XII. COUNTERPARTS This Agreement may be executed in counterparts, each which shall be deemed an original for all purposes. XI11. SOVEREIGN IMMUNITY The parties agree that no party has waived its sovereign immunity by entering into and performing their respective obligations under this Agreement. XIV. EXCLUSIVE RIGHT TO ENFORCE THIS AGREEMENT The County and the Municipality have the exclusive right to bring suit to enforce this Agreement, and no other party may bring suit, as a third -party beneficiary or otherwise, to enforce this Agreement. XV. PRIOR AGREEMENTS SUPERSEDED This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding of written or oral agreements between the parties requesting the services to be provided under this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. "COUNTY" COLLIN COUNTY, TEXAS BY: TITLE: DATE: Attested by: "MUNICIPALITY" CITY OF ANNA, TEXAS BY: TITLE: DATE: Attested by: Title: Title: a COLLIN COUNTY P, COLLIN COUNTY October 10, 2014 City of Anna Attn: City Secretary 111 N. Powell Pkwy P.O. Box 776 Anna, TX 75409 Re: Interlocal Agreement for Environmental Services To Whom It May Concern: Office of the Purchasing Agent 2300 Bloomdale Road Suite 3160 McKinney, Texas 75071 www.collincountytx.gov Please find the enclosed Interlocal Agreement for Environmental Services for the period beginning October 1, 2014 and continuing through and including September 30, 2015. The charge for environmental services performed by the County for FY2015 will be $8.200.00. This amount is determined by the most recent North Texas Council of Governments population projection of 10,250 citizens x $.80 per inhabitant. Please sign the enclosed Interlocal Agreement and return all copies to the Collin County Purchasing Department as soon as possible. Upon completion, one (1) fully executed copy will be returned to you for your files. Should you have any questions, please feel free to contact me at (972) 548-4122 or Metro (972) 424-1460, ext. 4122. Sincerely, Judy Davis Collin County Purchasing Department 2300 Bloomdale Rd., Ste 3160 McKinney, Texas 75071 /jd Encl. c: file CITY OF ANNA, TEXAS Item No. 5 c City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: October Yes 14, 2014 City Manager AGENDA SUBJECT: Approve a Resolution regarding an Inter -local Agreement with Collin County for road and bridge improvements. SUMMARY: In order to save money, the City may choose (from time to time) to contract with the Collin County Public Works Department for the construction of improvements to roadways located inside the Anna city limits. These contracted services are based on an Inter -local Agreement between the City of Anna and Collin County that describes the types of work the County is willing to perform and terms of payment for any such requested work. As an example of the type of work that could be performed, the City is currently negotiating with Collin County to pave East Fork Circle. Prior to entering into a contract for this type of project, the City would first need to approve the attached Inter - local Agreement. The current Inter -local Agreement with Collin County for road and bridge work has expired, and is up for renewal this month. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution and Inter -local Agreement. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN INTERLOCAL COOPERATION AGREEMENT WITH COLLIN COUNTY WHEREAS, the City of Anna, Texas (the y") finds that is advantageous from time to time to contract with Collin County, Texas (the "County") for the construction of improvements to roadways located inside the Anna city limits; and WHEREAS, the Interlocal Cooperation Act, Title 7, Chapter 791, Vernon's Texas Statues and Codes Annotated (the "Act"), and the Constitution of the State of Texas, Article 111, Section 64(b) (the "Constitution") specifically authorizes counties and other political subdivisions comprised or located within the county, to contract with one another for the performance of governmental functions and/or services required or authorized by the Constitution, or laws of this State, under the terms and conditions prescribed in the Act; and WEHREAS, both the County and the City are desirous to enter into an Interlocal Cooperation Agreement for performance of roadway improvements as requested from time to time by the City NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval of Interlocal Cooperation Agreement The City Council hereby authorizes the City Manager to execute on its behalf an Interlocal Cooperation Agreement (the "Agreement"), attached hereto as Exhibit 11 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 14tn day of October, 2014. APPROVED: Mike Crist, Mayor ATTEST: Natha Wilkison, City Secretary CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1 INTERLOCAL COOPERATION AGREEMENT Whereas, the Interlocal Cooperation Act, Title 7, Chapter 791, Vernon's Texas Statutes and Codes Annotated (the "Act"), and the Constitution of the State of Texas, Article Ill, Section 64(b) (the "Constitution") specifically authorizes counties and other political subdivisions comprised or located within the county, to contract with one another for the performance of governmental functions and/or services required or authorized by the Constitution, or the laws of this State, under the terms and conditions prescribed in the Act: and WHEREAS, the functions and/or services contemplated to be performed by Collin County, Texas, as set out herein, are governmental functions and/or services contemplated by the terms of the Act and are functions and/or services which each of the parties hereto have independent authority to pursue, notwithstanding this Agreement; and WHEREAS, both the county and the political subdivision named herein are desirous of entering into this Interlocal Cooperation Agreement, as is evidenced by the resolutions or orders of their respective governing bodies approving this Agreement which are attached hereto and made a part hereof. NOW, THEREFOR, THIS AGREEMENT is hereby made and entered into by and between Collin County, Texas a political subdivision of the State of Texas, and the City of Anna, political subdivision of the State of Texas, which is wholly or partially located within Collin County, Texas. � Consideration for this Agreement consists .of fihe mutual covenants j contained herein, as well as any monetary consideration, which may be stated herein. This agreement is as follows, to wit: I . As requested by the political subdivision named herein, Collin County, Texas, acting by and through its duly authorized agents and employees, agrees to provide said political subdivision with the following described governmental functions and/or services: ROAD IMPROVEMENTS IN ACCORDANCE WITH COURT ORDER NO. 97-576-08-25 (COPY ATTACHED), II. As consideration for the above -described governmental functions and/or services, said political subdivision agrees to pay to Collin County, Texas, in accordance with the advance cost estimate submitted to them F for work they have requested in the amount and upon the following terms and conditions: 1) PAYMENT IN FULL UPON COMPLETION OF WORK AND RECEIPT OF BILL FOR SAME, 2) PAYMENT TO EQUAL REIMBURSEMENT IN FULL FOR LABOR, EQUIPMENT, AND MATERIAL EXPENDED BY COLLIN COUNTY, III. Each party hereto agrees to defend and indemnify the other from any claims, demands, costs or judgments arising out of any negligent act or omission of their respective employees or agents in the performance of the governmental functions and/or services under this Agreement, to the extent allowable by law. IV. This Agreement shall be effective October 1, 2014, or from the passage of enabling resolutions or orders by the governing bodies of the parties hereto and the execution hereof by each of the authorized representatives of the political subdivision who are parties hereto and shall remain in effect through September 30, 2018 unless terminated by either party upon giving thirty (30) days written notice to the other party of its intent to terminate the agreement. Notwithstanding the foregoing, it is understood that each party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying party. In the event of a non -appropriation by the paying party, the performing party shall be relieved of it responsibilities hereunder as of the first day of the fiscal year of such non -appropriation. All payments must be in an amount that fairly compensates the performing party for the services or functions performed under this agreement. Date: Date: COLLIN COUNTY, TEXAS By; Title: County Judge CITY OF By: Title: Cosmssioner Cole �r j'• COURT ORDER N0. 97- 576 -08.25 THE STATE OF TEXAS COUNTY POLICIES: ADOPTION OF REVISED COUNTY ROAD POLICY/RESCIND PREVIOUSLY COUNTY OF COLLIN APPROVED.000RT ORDERS COUNTY ROAD SI)PERINTENDENT On August 250 1997, the Commissioners' Court of Collin County, Texas, met in special session with the following members present and participating, to wit: Ron Harris Phyllis Cole Jerry Hoagland Joe Jaynes Jack Hatchell County Judge, Commissioner, Commissioner, Commissioner, Commissioner, Presiding Precinct 1 Precinct 2 Precinct 3 Precinct 4 During such session the court considered a request from the County Road Superintendent for approval to rescind previously adopted court orders pertaining to County Road Policies, furthermore, adoption of a revised County Road Policy. Thereupon, a motion was made, seconded and carried with a majority vote of the court to adopt a revised County Road Policy effective October 1, 1997, and rescind previously adopted court orders pertaining to, same. Same is hereby approved in accordance with the attached documentation, ATTEST: He en tames, x- Ic o i Commissioners, Court Collin County, T E X A S c C0449lknurtad•rsbo"o i, TABLE (}F CONTENTS 0 CountyRoad Policies General (General) Section 1 Maintenance of Public Roads Page 1 Section 11 Upgrade of County Roads Page 1,2 Section III Reopening of County Roads Page 2 Section IV Abandonment of County Roads Page 2 Section V Subdivisions Page 2,3 Section VI Right-oMay Page 3 Section VIl Other Cost Page 3 Section VIII County Projects Page 3 Section IX Extending the Length of a Road Project Page 3 Section X Signs Page 4 Section XI Reimbursement by Property Owners Page 4 Section XII Culverts Page 4 Section X11I Extenuating Circumstances Page 4 • 1 1 . • • .: 1 1• 1 1. Requirements •. lipgrading UountyRoads 1 Upgrading/Moeptance of Private Roads in Recorded Subdivisions Page CostsPagel county Road Policy (cities} , Section I Maintenancellmprovements to Roads Within City Limits Page 8 Section IT Re'unbursement for Work Performed by Collin County Page 8 Coupty Road Policy (Oiting/Dust Control) Section I Oiling of County Roads Aage 9 Application for Road Oiling Due to Chronic Respiratory Condition Page 10 Assessment Policy for Subdivision Roads Section 1 Assessment to Upgrade Roads in Subdivisions Page i l Section TI Assessment Procedures Page 11,12 Section III Appeals Page 12 Section IV Liens Page 12 Section V Acceptance Page 12 Section VI Status of Roadway after Acceptance Page 12 Section VI1 Reimbursement of Funds Page 13 1 , MMMOK 1 public roads located in utwtoorporated areas %F Collin County which are determined by the Commissioners' Court to be county roads, will be maintained by the County. All others shall be considered private roads and will not be maintained by Collin County. 8. Roads or sections of roads which are bordered by a city or cities shall not be maintained by Collin County as follows: (a) Any portion of a public road'ch has been annexed by a city or cities shall not be maintained at county expense. (b) Public roads or portions of public roads which are bordered by a city or cities on one side will be considered to He in an incorporated area from the centerline of the public road to the city border. That portion which is considered to be in an incorporated area shall not be mwnt tuned at county expense. {c) Public roads or portions of public roads which are bordered by a city or pities on both sides wilt be considered to he in an incorporated area and shalt not be maintained by Collin County. Section II Upgrade of County Roods A. Commissioners' Court will consider upgading a rock road to an asphah road provided one of the following conditions are met; (a) Roads with traffic counts of 1511 cars per day or Beater, which by the determination of Commissioners' Court, should be asphalted due to maintenance costs or other appropriate criteria when the adjacent property owners donate the sight -of --way described in Section VI of this policy; or; (b) Roads not on the Collin County Thoroughfare Plan with traffic counts of 125 cars per day or Beater, which when determined by the Director of Public Works (County Road Supt.) to have adequate width and drainage can be asphalted due to maintenance costs or other appropriate criteria without obtaining additional right -of --way; or; {c) Roads with traffic counts of 100 cars per day or Beater can'be asphalted when the adjacent property owners donate theright-of--way described in Section V) of this policy; or; (d) When the adjacent property owners donate the right -of way described in Section Vi( of this policy and reimburse the County for the cost of materials required to upgrade the subject road to asphalt by current county standards. To be considered for asphalt, a road must tie into an existing asphalt road, unless the road in question is a "Dead End" road. A "Dead End" road which does not tie into an existing asphalt road can be upgraded, provided its entire length is asphalted. A culAe-sac shall be required when a dead end road is upgraded. Pose 1 B. The Commissioners' Court will consider upgrading a dirt road to a rock road provided that the adjacent property owners: (a) Donate the right-of4ay described in Section VT of this policy; and (b) Reimburse the county for the cost of materials to upgrade the subject road to the appropriate depth and width of rock Stctiap III Rc-apenigg of County Raids The Commissioners' Court will constider re -opening a +cou»ty road which has not been maintained by the county in th e he last 10 years provided that the adjacent property owners: (a) Donate the right -of --way described in Section VI ofthis policy, and (b) Reimburse the County for the total cost of improvements if the road is to be improved from its existing state Stctioq N Abandana�ogt of County Roads The Commissioners' Couri, by unanimous vote, may abandon a county road upon following procedures required by Vernon's Civil Statute's and the Texas Transportation Code. Stctioq V Subdivisions A. To be eonsidered for maintenance by Co11in County, private. roads in recorded subdivisions must be asphalt and meet current county standards in regards to width, drainage, culverts, base material type and thickness. B. Privaie roads in subdivisions which were Sled in the County Clerk's Office prior to May l80] 981 will be accepted for maintenance by the county provided there is adequate right-of-way, the roads are asphalt and meet current county standards. C. Private roads in subdivisions which were approved by Commissioners' Court and filed in the County Clerk's Office prior to October 23, 1995 wiU be accepted for maintenance provided such roads are asphalt and have been built and maintained to county standards. D. Private roads in subdivisions which were filed in the County Clerk's Office after May 18, ] 98 ] that were not approved by Commissioners' Couri shall nicei the following conditions prior to acceptance: (a) Road right -of --ways must be dedicated to the public and accepted by COrnrillSSloners' COUri (b) Roads must be asphalt and meet current county standards as described in this policy E. Private roads in recorded subdivisions which do not meet county standards can be considered for maintenance by the county provided the landowners donate additional right -of --way, when needed, and provide total funding to upgrade such roads to county standards. Pop F. iVnvate roads• 1 vi1 v 1-1. . loMwvall1 ►. • 1 a 1 :/ 1 1 1, .1 F T this poNcy. To be accepted for maintenance, the subdivision must be planed and the roads { M a 1 1 N i hi /1 County1/ • Regulations Section V)1 Right-af--Way A. Right -of -Way shall be in the wing form; (s) Right -of --Way which is donated may be in Deed or Easement form; or @) Right -of --Way which is purchased through negotiations or by eminent domain shad be in Deed form with an actual ownership ,(Title) transfer of the land. B. Right -of --Way Width tb) Theright-of--way width of roads to be upgraded which are not on the Collin County Thoroughfare Plan shall be a minimum of (60) sixty feet. upgradin&for rigoflway1' vadved 1 UOM,1 :w •Court i / •oway VA'dths may 1 :i / i Y • eCourt11 ofnV informationindicatesdifferdifferetit Mnidthappropriate, Section VII Other Cast The cost involved for surveying, to prepare Deeds or Easements, re -locate fences, utilities (if in s private eissement beyond the existing prescriptive right -of --way), culverts or other existing improvements may be borne by the county if such cost does not exceed twenty-five percent (25%) of the total project cost. When property owners are required to incur total cost to upgrade a road, the above cost shall not be borne by the County. Section V119 Couhty Pr°ojeet� .. All projects shall be brought 4o the attention of Commissioners' Court for consideration. Sertion Ili Extending the ii.ength of a Road Project A road project which has been approved by Commissioners' Court may be extended in length when approved by the Director of Public Works (County Road Superintendent), provided that all requirements outlined in this policy have been met. Pegs 3 Section X Signs ixegulatory LTTI. VI 1:wit e Aft Manual on Urdform Traffic Control Devices, Section XI Reimbursement by Property Uwner6 Upon Commissioners' Court approval ofa road projcd which requu�es reimbursenttcnt from the adjaoent property owners, the property owners involved must place the required amount of money in escrow in a Collin County bank and provide the required right -of --way prior to the commwoement of the project, Section XII Cutvtrts Drive culverts within county road right -of --ways shall be pernutted-and sized by the County. Only corrugated metal or high -density polyethylene culverts will be penAmed. Culvau awl be a minimum of thirty (30) feet in length unless the driveway over the pipe is concrete. In which case, the culvert may be the width of the driveway. New drive culverts must be installed at the expanse ofthe property owner. )Existing culverts within county road right-of- ways will be replaoed as needed by the County at county expense, Section XIII E:tenuatiag Circumstances 1WK 1 I 1 9 tle I Zs) Y/✓ F i I i 1 f f.1_ If.ilt _• f- 1 a' ♦.. f 1 t 1f.- �.J f`tsk . It . ;1,1 f1i �lslfi fttaa UGtin' Comments; C1th•ett/Drainagt Comments: Fenrc Comments; initial Cost Esun�alc: Materials [,abor i'rc�rM B�•; Ocher Total Datt: Date Maned• Page S IV An application requesting a road upgrade must be submitted to the Public Works Department specifying the location and approximate length of road or section of road to be upgraded. If more than one person is involved, please designate a single contact. An approximate cost estimate with right-of-way requirements will be prepared by the Public Works Department and sent to the requester. To proceed with the upgrade, the Public Works Department must be notified in writing of the requester(s) willingness to pay for material costs and donate right -of --way, when applicable. The request will be brought to the attention of Commissioners' Court for consideration. The Public Works Department will notify the requester in writing of the Court's action. A firm cost estimate will be provided; if dill'emnt than the original estimate. Right -of --Way documents, when required, will be prepared by Collin County for signature. Money for material costs shall be placed in an escrow account by the requester(s). The project will be scheduled for construction after these items have been addressed. Subdivision must be recorded and meet the requirements specified in Suction V ofthe Cwunty IF Road policies. All roads in the subdivision must be upgraded 1 accepted. Minimum right -of --way width shall be suety (nit)) feet as required by Section Vi,B.,(b) of the County Road Policies. When engineering information indicates that the existing right -of --way is not adequate, additional right -of --way will be required. A request must be submitted to the Public Works Department specifying the name and location of the subdivision in question. Please designate a single contact person for the county regarding this project. An approximate cost estimate will be prepared,by the Public Works Department and sent to the requester. To proceed, the Public Works Department must be notified in writing of the requesters) v►rillingness to pay for all costs involved with the upgrade. The request will be brought to the attention of Commissioners' Count for approval. The Public Works Department will notify the requester in writing of the Court 's action. A firm cost estimate will be provided if different from the original estimate. Money must be placed in an escrow account prior to the project being scheduled. If applicable, all fences, utilities or other improvements must be relocated prior to scheduling. LEM ♦ ♦1 1 r Y ♦/ v :-;11 1: / 1 .:1 1 /: i t 1 :1 f 7U oost estimate for materials WIR be based on the type uW8de requeded. Dirt iQ RQ& A blend of(6" loose) crushed native wWto nxk with (3" loose) flex base to mprove traction1 minimizedust, mm and two layers of asphalt wrface treaftnent. 1 1 Y 1 1 1 1 t: ! 1 r: 1 1 �11 1 1/ 1 1 11 ►• t• 1 1 ollin County sinoe it 'Is an Vaisting rock road. .� �1 1 ;1 1 /♦' ♦ f 1 1 1♦ 1 T 1 1 o f l i'4WAUato1 f l Tf you hnvc Any additional questions, please feel free to call the Public Works Department at Metro 4244460 ext. 3700 or (972) 54W700. Mail or Fax Application To: Collin County Service Center 700A West Wilmette Road McKinney, Texas 75069 lax Number (972) 54&3754 JZAII � 1 COUNTY ROAD POLICY (CITInal Section it Maintenancdlmprovemants to Roads Within City I,imita A. Each city in Collin County is responsible for maintaining the roads and bridges within their city limits. B. Commissioners' Court desires that a consistent policy be continued concerning road work performed by the county within the corporate limits of cities as Collin County has limited funds, personnel and equipment available for these projects. C. Commissioners` Court may consider making or participating in improvanents to roads and bridges within the corporate limits of city as follows: (b). Major improvements such as the construction or reconstruction of roadways will only be considered if the road is on the Collin County Thoroughfitre Plan. D. A city must be entered into an itnteriocal Cooperation Agreement with Collin County prior to work being performed by Collin County for that city. be evaluated by Coffmissioners' Court upon the merits premtod by the requesting COW 1~. Authorization for work in cities can only be given by Commissioners' Court. Section Reimbursement for Work Performed by Collin County A. Costs for road and bridge repairs or improvements wilt be as follows, ( a) Cost of materials used for the project or one-half of the total project {including labor and equipment), whichever is greater, if the road is on the Collin County Thoroughfare Plan. (b) Total cost, including materials, labor and equipment if the road is not on the Collin County Thoroughfare Plan. OMM County funds shall be racpended to spray oounty roads for dash control as follows: ! • it 1 / : / «. / 1 1-� 1 ` / be applied on an intetim bazis until1:1 can be 1g:c:d to .w halt. If the ngbt-of4ay required to tipgrade a road is unobWmble, Ow road Vill no longer be oiled at county expense. y ►1 t/ 1 I t :N t V f road surthoo and creWnS f severe dust problem, d) Other conditions as approved by action ofthe Conunission�ers Court. �_ Pa$cfl Collin County Department . of Public Works 700 A West Wilmeth Road McKinney, Texas 75060 (972) 5484700 FAX No. (972) 640*3764 Application for dust control oiling due to chronic respiratory condition RESIDENT Name: Physical Address: Mailing Address: Phone: Name: Physical Address. Mailing Address: Phone: _ to of Birth: County Road No.. Application is goad for this calendar year only Ir##tNf###A#'MA#A#AN# 1) Approximate distance residence is from county road. feet 2) Number of years lived at this residence. nears 3) What side of road is residence located? Circle one: North South East at •##A#N1#-#kFk#M##IrN}##/#AA}##A#iA#AA#A#tvsw4:CA:#1A1A#kM#k#Ak ##Mf *##kk##iA+# To be completed by physician. Allergy. which interferes with breaching qr is life threatening interstitial Puimortary TB Pulmonary Fibrosis Lung Abscess Hypoxemla Asthma Sarcoidosis Bronchlolitis Asbestosis Dyspnea Emphysema Cystic Fibrosis Other chronic/life threatening respiratory conditions: How long has patient had this condition: Last episode: Other comments: Physician Name (Please print] Physician signature/specialty Date: Phone No.: APPLICATION SHOULD BE MAILED OR FAXED FROM THE DOCTOR a97;01n«m PW 10 1 1 1 1 1 k I b /{ 1( 1 A. Collin County may upgrade county roads as oukiined in Senate HiU 3140 Article 6702-3, on a first come basis or as specified by Commissioners' Court provided the initial funds are available or made available to the county. Only roads in recorded subdivisions will be considered for upgrade by assessment. �, Commissioners' Court may consider upgrading a road or roads by assessment within subdivisions in un-incorporated areas of Collin County upon receipt of a written request from the Property Owner's Assoaa#ion or individual landowners agreeing to adhere to the following terms prig to oonstruction: (a) Y2onation of additional right -of --way, drainage or utilify easements, whey required. (b) If a road lies within an unrecorded subdivisions the addition must be approved by Commissi oners' Court and a plat filed for record at the County Clerk's Office. (c) Payment for•all utility relocations. These costs will not be included in the assessment. assignment1 These costs/ be M I uded *in the assessment. (e) Payment for aft project cost to include materials, equipment and labor. This includes all cost whether by in-house forces or contract. (f) Placement of l tJ% of the construction cost in an escrow account in a Collin County Bank. (g) Placement of 50% of the utility relocation cost in an escrow account in a Collin County Bank. S�tion �l Assessrne�t Prnrttdures �; ., A, After the conditions in Section i have been met, the following procedures are required before the assessment can take place: (a) Commissioners' Court must give notice of the proposed improvement and assessment and must hold a public hearing. The notice must be published at least twice in a newspaper of general circulation in the county and shall state that a public hearing will be held to consider whether or not the improvement and assessment will be ordered. Page ASSESSMENT POLICY FOR � SUBDIVISIONS j"1A send by certifilile With] n 10 days of the public heanm Commissioners Court shal mail, a ballot to each owner of real Property Showing the Maximum amount Of assossinent for each property in the subdivision should a x 40fity of the record owners of real pro 0 in favor of the propoStiflona perty in the subdivision vote 1 4 (a) If the vote passes, Commissioners' Court may provide the time, terms and conditions of payment and default to the assessment, exoVt that no interest On the payment of the assessment shall be allowed, (d) If the vote fails, Commissioners' Court nday act order the improvement and assessment, and may not propose the order again until four years after the date the County Cleric declares the rmults of the vote to Conutvssioners' Court. An assessment may be appealed by filing a petition in the district court having jurisdiction in the county not later than the I Sth day after the date that a property owner receives an assessment. ntire assessed anmnt has been id to Collin County. Property owners are pal eparately, notJointly,: 1 for e• amounts. Bastion V Acceptance When all -of the requirements set out in Section I and II ofthis policy have been met and if funds are available from Collin County the project will be accepted. If it built require an excessive amount of time to relocate the utilities andtbe& the actual upgrading of the road/roads the Commissioners' Court may direct that a Minimum amount of maintenance be performed to assure the health and safety of the property owners. Bection VI Status of Roadway after Acceptance A road improved under this article is a county road, and the county shalt maintain the road in accordance with county road standards. p..p 12 Section WIi im mbursement of Funds A. Prior to the actual road upgrading and upon completion of the utility relocation the balance of the utility relocation cost shalt be paid to Collin County or the respective utility company. (This includes the 50% mai escrowed monies plus the rening 50'io balance of the relocation cost) wont It No 1=1 • ./ Section I. of this policy be the total:1 wnmnt and shall 1 i CITY OF ANNA, TEXAS Item No. SLdl City Secretary's use only City COunal Agenda Staff Report Date: October 14, 2014 Staff Contact: City Manager Exhibits: Yes AGENDA SUBJECT: Approve a Resolution regarding consent for inclusion of dual certification and city limit area in the proposed North Collin Special Utility District boundary. SUMMARY: The North Collin Water Supply Corporation (WSC) is currently pursuing conversion to a Special Utility District (SUD) to be known as the North Collin Special Utility District. The proposed SUD boundaries are proposed to be the same as the existing North Collin WSC Certificate of Convenience and Necessity (CCN) #11035 boundaries. A portion of the North Collin WSC CCN #11035 is dually certificated with the City of Anna. Additionally, a portion of the city limits of the City of Anna overlap the North Collin CCN service area. North Collin WSC is requesting the City's consent to include the dually certificated areas and the city limit overlap areas in the proposed North Collin SUD district boundaries. The consent will not change the CCN service of either utility. It will only determine voting eligibility of the SUD voters. STAFF RECOMMENDATION: The City Attorney and the City's water attorney have reviewed the proposed consent form and have offered not objections. Staff recommends approval of the attached Resolution. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING CONSENT FOR INCLUSION OF DUAL CERTIFICATION AND CITY LIMIT AREA IN THE PROPOSED NORTH COLLIN SPECIAL UTILITY DISTRICT BOUNDARY. WHEREAS, The North Collin Water Supply Corporation (WSC) is currently pursuing conversion to a Special Utility District (SLID) to be known as the North Collin Special Utility District; and, WHEREAS, the proposed SLID boundaries are proposed to be the same as the existing North Collin WSC Certificate of Convenience and Necessity (CCN) #11035 boundaries; and, WHEREAS, a portion of the North Collin WSC CCN #11035 is dually certificated with the City of Anna; and, WHEREAS, a portion of the city limits of the City of Anna, Texas overlap the North Collin CCN service area; and, WHEREAS, North Collin WSC is requesting the City's consent to include the dually certificated areas and the city limit overlap areas in the proposed North Collin SLID district boundaries; and, WHEREAS, the consent will not change the CCN service of either utility; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval of Consent The City Council hereby authorizes the City Manager to execute on its behalf the Consent for Inclusion of Dual Certification and City Limit Area in the Proposed North Collin Special Utility District Boundary, attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14cn day of October, 2014. APPROVED: Mike Crist, Mayor ATTEST: Natha Wilkison, City Secretary CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 2 CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 2 OF 2 CONSENT FOR INCLUSION OF DUAL CERTIFICATION AND CITY LIMIT AREA IN THE PROPOSED NORTH COLLIN SPECIAL UTILITY DISTRICT BOUNDARY To: Mr. Phillips Sanders, City Manager City of Anna 111 North Powell Parkway Anna,Texas 75409 North Collin Water Supply Corporationcurrently pursuing conversion to a Special Utility District (SUD) to be known as the North Collin Special Utility District. The proposed SUD boundaries are proposed to be the same as the existing North Collin WSC Certificate of Convenience and Necessity (CCN) #11035 boundaries. A portion of the North Collin WSC CCN #11035 is dually certificated with the City of Anna. Additionally, a portion of the city limits of the City of Anna overlap the North Collin CCN service area. North Collin WSC requests consent to include the dually certificated areas and the city limit overlap areas in the proposed North Collin SUD district boundaries. The consent will not change the CCN service of either utility. It will only determine voting eligibility of the SUD voters. Allen Knight, General Manager North Collin WSC INCLUSION OF DUALLY CERTIFIED AREA INTO DISTRICT: The undersigned, ,hereby consents to the inclusion of the City of dually certified CCN and city limit areas within the proposed North Collin SUD boundary as indicated on the attached exhibit on this day of , 2014. (Signature) (Printed Name &Title) (Date) STATE OF TEXAS COUNTY OF This instrument was acknowledged before me this on behalf of the City of _ Seal day of , 2014 by Notary Public -State of Texas CITY OF ANNA, TEXAS Item No. 5 e City Secretary's use only City Council Agenda Staff Report Date: 10/08/14 Staff Contact: Maurice Schwanke Exhibits: Yes AGENDA SUBJECT: Approve a Resolution approving the Margarita Rodriguez development plat. SUMMARY: The development plat is located at Twin Creeks, an un-recorded area and within the extraterritorial jurisdiction of the City. The tract is in the Ezra Shelby Survey, Abstract A- 839 and contains approximately 3,938 acres of land. The property is located at 9831 Twin Creeks Circle. The owner is proposing to build a house on the tract. The submittal meets the City of Anna development plat requirements. The Planning and Zoning recommended approval of the development plat at their October 6, 2014 meeting. The vote was unanimous STAFF RECOMMENDATION: Approval of development plat CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS ADDITION" DEVELOPMENT PLAT" GENERALLY APPROVING THE "MARGARITA RODRIQUEZ LOCATED IN ANNA'S EXTRATERRITORIAL JURISDICTION LOCATED AT 9831 TWIN CREEKS CIRCLE AND IS SUBJECT TO THE SUBDIVISION RULES AND REGULATIONS AS SET FORTH IN THIS RESOLUTION. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part IIkA of the Anna City Code of Ordinances ("Subdivision Regulations"); 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 Development Plat The City Council hereby approves the Margarita Rodriguez development plat PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 14t" day of October, 2014. ATTEST: Natha Wilkison, City Secretary 1 APPROVED: Mayor, Mike Crist wood Amw lvm HOS SVX91') iNnOO NIll00 � tt9L-ZGLotU6,'•WJ SA3/VG3 auto arm l ',kVVQN o ZL48-664-btZ 3aLii0 $ 'nlNdvanodoi 'AtNONf108 N r o 66s v '> gnans alaHs va79 o 1 scrsL xi 'Sill% Damn ivuN3as3a aw IvpaVn00 u = N S9HOV 86s'6 OSZ xoe "od o m n E' m:aanta��rorr7visa?or✓fa:Ll 1d"Id1NDWdOl�IA34 •ou�sum njo(iGrepunou W ZD( CHOOH dll�JboHM mall 0 LNv b°uy 0° vi b o°QM 0 0 Paz b 0 'bO �. Y-�� Paz 0 N� F S�be h0'40 N 0�00 O�cobb� ..O,i �` Owp MCoyz 0 K 'G 0 `O ba0 0 +b 0a :0 V°� tookWb �000 0 'b XL b OOH�e OuO �M N2 O VN.ZN oV C(' M3ow „G f0 hN hOiOGM y°b0 •ry o4.=30 riM ° V OUO N ZU4wo ~aU`U°°�cib`SYi`p°jObVybeO°D`KaooOo'Ori° O1`a�ob-QN�po4�`eO'oOo.X°_ 3i°L M3N�Nn'_ob°ha�O� bo�UpbN0 WyaMbee�AtYroN._Ob�NoN °XcCoo NNbO Oy°�=0 _ Sx2ai0 �♦°Q Cutj Or.0eo°pN�o CZO NjoObo 00 •cNNM optOM0�`-yOOotoWO OO xryc6aNa c4=ddJ*e ' �N� gnSeCi ;u2mj° I too.O�oCN �°04m0 L°%Cpj °°q,� CIt Gb°` N°�O � "CfO`O o tl ca° bbo }StNba`°tt ee20 OGgo 0°ao ci C�0too52Cnlo 0 �caoo..aUc cc c0ic 0 eL* 3n eo. °`Ea3fov° _ �eoNb o E°>�bb�"f^oEO°ec Or:°o< o�tc°egfDcm%o- M 0b . b a- b cMMON... O=ocm Roae` o �"'1V_ m a N?°0Nae3c Si to 04Y "a CGOb n0 moo `N0 m 000 mo Oxnzzn Q�i Most. _ _ �on e Cf CCN ..,b o0b �,. oU b` 'bUM oo"N b-omio� Db Got]�bU VNo b~C - - o $Y Lboo° .. = bbLOa M 0• •� ba`b btt. 41 o %.a OO V'o°bc NN � MIS _ �� O$ Nc N °oOea o 2� p$ x� a kU OM Op] �OOa �e �U°CHN`if SmOoj �NN�VooU ;NZ _°O It ea i ,CS too- E=X N `°oOOO N� b a t "° qq _b E`qe VOW b `° O O°° N� VICobN�nW 2tlaFc z°JC ey o4oa zu �°n „°oti Fh > ?`o°_b w zo'�p wti w� a °a wceb= '"co°vNO a "' 2 w.-i =S tcwbo >' "oj oo Z� (i z_Za `ooa`o z^£ ZN2 -- U�ctA W� L� WNb�o W01 oo 0�.40 Wb W%U OQ mN �Nb my °bii �ti �nob>3o hOio tiv\ bK 0>K tihb 2N0 y N Ll -- Y1vrr "" w z $19-919 Al It --=ot21 8 K IN � ti 11 n 'o i 1 0utr nfo\ ~� If, tor\ ' or .per I �2KIneI i� L 1 I ( ' i CITY OF ANNA, TEXAS AGENDA SUBJECT: Approve an Ordinance approving the 2014 Tax Roll Item No. City Secretary's use only City COunal Agenda Staff Report Date: October 14, 2014 Staff Contact: Clayton Fulton Exhibits: 2014 Tax Roll Summary SUMMARY: The Collin County Tax Assessor Collector recently submitted the Tax Roll summary for the City of Anna. Texas Property Tax Code, section 26.09, requires cities to pass an ordinance approving the 2013 Tax Roll. STAFF RECOMMENDATION: Staff recommends that the City Council adopt the attached Ordinance approving the 2014 Tax Roll for the City of Anna CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE APPROVING THE 2014 TAX ROLL FOR THE CITY OF ANNA, TEXAS WHEREAS, the Collin County Tax Assessor Collector has submitted the 2014 Tax Roll for the City of Anna, Texas (the "City") to the City Council of the City of Anna, Texas (the "City Council") for approval; and WHEREAS, the City Council is required by statute (Texas Property Tax Code Section 26.09) to approve or disapprove said Tax Roll; and WHEREAS, the City Council has reviewed the 2014 Tax Roll Summary as provided by the Collin County Tax Assessor Collector, now therefore; 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. Tax Roll Approved. The 2014 Tax Roll Summary is accepted and said tax roll is hereby approved by the City Council. PASSED by the City Council of the City of Anna, Texas, this 14f" day of October, 2014. ATTESTED: City Secretary, Natha Wilkison Mayor, Mike Crist Page 1 of 1 10-14-2014 TAX ASSESSOR 1 1' COLLIN COUNTY COUNTY P.O. Box 8006 McKinney, I 1 :I16 NEW • 020 4914808 kmaun@collincounVtx.gov October 1, 2014 Mayor Mike Crist Citv of Anna P.O. Box 776 Anna, TX 75409 Dear Mayor Crist, Attached is the 2014 Tax Roll Summary for City of Anna. Submission of the 2014 Tax Roll to your governing body for approval, in accordance with Texas Property Tax Code, Section 26.09, will constitute the 2014 Tax Roll for City of Anna. Please provide my office a copy of your ordinance approving the Tax Roll at your earliest convenience. While this is a formality in the Texas Property Tax Code, we do want to fulfill the requirements of the law and do appreciate your cooperation. If you have any questions, please let me know. Sincerely, 4 4 Kenneth . Maun Tax Assessor Collector Enclosure cc: Philip Sandet•s, City Manager Clayton Fulton, Finance Director Run Date: September 26, 2014 Collin County 2014 TAX ROLL SUMMARY Amount NUMBER OF ACCOUNTS MARKET VALUES ROLLCODE: MOBILE HOME Improvement $344,404 improvement Non -Home Site $89,155 ROLLCODE:PERSONAL Land $0 Personal $22,743,852 ROLLCODE:REAL Agriculture $81,725,142 Improvement $325,170,415 Improvement Non -Home Site $80,670,689 Land $110,898,568 Land Ag Land $1,103,391 Land Non -Home Site $45,855,873 TOTAL MARKET VALUE $668,601,489 DEFERRALS Ag $81,725,142 TOTAL DEFERRALS $81,725,142 EXEMPTIONS Autos , XO , PPV $2,395,144 Cap Adjustment , XT $8,334,215 Disabled Veteran $3,519,167 Miscellaneous , XV $55,307,303 Nominal Value $2,217 Over 65 $10,093,421 TOTAL EXEMPTIONS $79,651,467 GRAND TOTAL FOR DEFERRALS AND EXEMPTIONS $161,376,609 TOTAL MARKET VALUE $668,601,489 TAXABLE VALUE $507,224,880 TAX RATE 0.649 ROLLCODE: MOBILE HOME Levy $2,794.55 ROLLCODE:PERSONAL Levy $132,032.44 ROLLCODE: REAL Levy $3,157,061.82 TOTAL LEVY $3,291,888.81 LEVY LOST DUE TO FROZEN $0.00 OTHER LOST LEVY $0.00 TOTAL LOST LEVY $0.00 TaxRollSummary.rpt Revised September 26, 2014 Page 10 01 107 07 - ANNA CITY Count 4,940 211 14 1,131 62 185 9 344 111 �%3 4,541 Run Date; September 26, 2014 Collin County Page 11 of 2014 TAX ROLL SUMMARY 07 - ANNA CITY Calculation Analysis Cale Levy Tax Amount = Diff. Market Value Exemption Taxable Value Frozen 0.00 0.00 0.00 0 0 0 DV100 (Excl. Frozen) 0.00 0.00 0.00 0 0 0 Prorated (Excl. Frozen 0.00 0.00 0.00 0 0 0 Other 31291,888981 3,291,888,81 0.00 668,601,489 161,3769609 507,224,880 Total 31291,888,81 3,291,888481 0.00 6689601,489 1611376,609 507,224,880 DV100 (Incl. Frozen) 0.00 0.00 0.00 0 0 0 Prorated (Incl. Frozen 0.00 0.00 0.00 0 0 0 TaxRollSummary.rpt Revised September 26, 2014 CITY OF ANNA, TEXAS Item No. 6 City Secretary's use only City Council Agenda Staff Report Date: October 14th12014 Staff Contact: Maurice Schwanke Exhibits: Yes AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving a contract with Insite Amenities LP for the purchase and construction of a gazebo at Natural Springs Park. SUMMARY: Several Years ago a group of volunteers constructed a gazebo at Natural Springs Park. Some of the materials were not the best and significant deterioration has occurred. We've been extremely pleased with the facility that has been constructed at Slayter Creek Park and would like to duplicate that facility at Natural Springs Park. Insite Amenities constructed that facility. The attached resolution authorizes the City Manager to execute on the City Councils behalf an Agreement with Insite Amenities LP. Insite will be erecting a gazebo designed and manufactured by Poligon, one of the market leaders in the design and manufacture of park architecture. Insite will provide and construct the gazebo for $54,879. The City's Financial Policy requires that all purchases above $50,000 be purchased under formal competitive sealed bidding rules or as otherwise permitted by the Texas Local Government Code under Chapters 252 and 271. Chapter 271 Subchapter F of the Texas Local Government Code permits a local government to participate in a cooperative purchase program with another local government or a local cooperative organization. Goods or services purchased through a cooperative purchasing program satisfy the State law requirement to seek competitive bids. The Poligon gazebo that will be installed at Slayter Creek Park to can be purchased by the City through the Texas Local Government Purchasing Cooperative (commonly referred to as the `BuyBoard"). The TLGP Cooperative is an administrative agency created in accordance with Section 791.001 of the Texas Government Code. Its purpose is to obtain the benefits and efficiencies that can accrue to members of a cooperative, to comply with state bidding requirements, and to identify qualified vendors of commodities, goods, and services. The Cooperative also relieves the burdens of governmental purchasing by effectively using current technology and realizing economies of scale. The Cooperative analyzes and makes award recommendations for products and services that have been submitted for competitive procurement as outlined by state statute. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution that authorizes the purchase and construction of the Poligon gazebo through the Texas Local Government Purchasing Cooperative. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A CONTRACT FOR THE PURCHASE AND INSTALLATION OF A GAZEBO AT NATURAL SPRINGS PARK WHEREAS, the City has budgeted monies using Park Trust Funds to replace a gazebo in Natural Springs Park; and, WHEREAS, Staff has evaluated gazebo manufactures in order to identify a vendor who can provide the type of facility contemplated in Natural Springs Park; and, WHEREAS, based on its evaluation, Staff is recommending that the City contract with Insite Amenities LP for construction of the gazebo; and, WHEREAS, Insite Amenities LP will construct and install the proposed gazebo for $54,879 through the Texas Local Government Purchasing Cooperative (commonly referred to as the "BuyBoard"); and, WHEREAS, the City's financial policy requires that all purchases above $50,000 be purchased under formal competitive sealed bidding rules or as otherwise permitted by the Texas Local Government Code under Chapters 252 and 271; and WHEREAS, Chapter 271 Subchapter F of the Texas Local Government Code permits a local government to participate in a cooperative purchasing program with another local government or a local cooperative organization; WHEREAS, goods or services purchased through a cooperative purchasing program satisfy the State law requirement to seek competitive bids; and, WHEREAS, The Texas Local Government Purchasing Cooperative is an administrative agency created in accordance with Section 791.001 of the Texas Government Code, whose purpose is to obtain the benefits and efficiencies that can accrue to members of a cooperative, to comply with state bidding requirements, and to identify qualified vendors of commodities, goods, and services; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 2 Section Z. Approval of Gazebo Purchase and Construction Agreement The City Council hereby authorizes the City Manager to execute on its behalf an Agreement with Insite Amenities LP (the "Agreement"), attached hereto as Exhibit 1, for the purchase and installation of a gazebo at Natural Springs Park, 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 14tn Jay of October, 2014. APPROVED: ATTEST: Mike Crist, Mayor Natha Wilkison, City Secretary CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 2 OF 2 CITY OF ANNA, TEXAS NATURAL SPRINGS PARK GAZEBO CITY OF ANNA, TEXAS AGREEMENT BETWEEN CITY OF ANNA, TEXAS AND INSITE AMENITIES TABLE OF CONTENTS NATURAL SPRINGS PARK GAZEBO ARTICLE 1. DOCUMENTS INCORPORATED BY REFERENCE.........................................................1 ARTICLE 2. REPRESENTATIONS OF THE CONTRACTOR...............................................................1 ARTICLE 3. INTENT AND INTERPRETATION..................................................................................... 2 ARTICLE 4. CONTRACTOR'S PERFORMANCE................................................................................. 3 ARTICLE 5. TIME FOR CONTRACTOR'S PERFORMANCE; DELAYS ............................................... 3 ARTICLE 6. FIXED PRICE AND CONTRACT PAYMENTS..................................................................5 ARTICLE 7. INFORMATION AND MATERIAL SUPPLIED BY THE CITY ............................................ 8 ARTICLE 8. CEASE AND DESIST ORDER/CITY'S RIGHT TO PERFORM WORK ............................. 9 ARTICLE 9. CONTRACTOR'S DUTIES, OBLIGATIONS AND RESPONSIBILITIES ........................... 9 ARTICLE 10. INDEMNITY...................................................................................................................12 ARTICLE 11. CLAIMS BY THE CONTRACTOR.................................................................................13 ARTICLE 12. SUBCONTRACTORS...................................................................................................13 ARTICLE 13. CHANGE ORDERS.......................................................................................................14 ARTICLE 14. DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK.............17 ARTICLE 15. CITY'S RIGHT TO SUSPEND CONTRACTOR'S PERFORMANCE .............................18 ARTICLE 16. TERMINATION BY THE CITY.......................................................................................18 ARTICLE 17. INSURANCE................................................................................................................. 20 ARTICLE 18. RESERVED AND INTENTIONALLY LEFT BLANK ...................................................... 21 ARTICLE 19. PROJECT RECORDS................................................................................................... 22 ARTICLE 20. APPLICABLE LAW....................................................................................................... 22 ARTICLE 21. SUCCESSORS AND ASSIGNS.................................................................................... 22 ARTICLE 22. MISCELLANEOUS PROVISIONS................................................................................. 22 ARTICLE 23. ENTIRE AGREEMENT.................................................................................................. 23 ARTICLE 24. SEVERABILITY............................................................................................................ 23 ARTICLE 25. WAIVER........................................................................................................................ 23 �b AGREEMENT THIS CUSTOMER SERVICE FACILITY (REMODEL) AGREEMENT (hereinafter this "Agreement") entered into this day of , 2014 by and between the CITY OF ANNA, TEXAS, a Texas municipal corporation, located at 111 N. Powell Parkway, Anna, Texas 75409 ("City") and INSITE AMENITIES LP, a Texas limited partnership, located 9176 Hyde Road, Ft. Worth TX 76179 ("Contractor"). WITNESSETH: WHEREAS, the City wishes to contract for the project identified as Natural Springs Park Gazebo (the "Project"); and WHEREAS, the Project generally consists of the construction of a Poligon 32' (roof diagonal) two tier hexagonal shelter with tongue & groove roof deck and standing seam metal roof in standard color, standard eave height, 4 sides Carmel style handrails, internal electrical access, Polk5000 factory epoly prime/powdercoat frame and ornamentation finish in standard color on a 34' hexagonal stiffened slab, including sealed engineering plans (collectively, the "Work"); and WHEREAS, the Contractor has represented to the City that it is qualified to provide the Work required in this Agreement in a professional, timely manner where time is of the essence; and WHEREAS, the City has relied upon the above representations by the Contractor; NOW, THEREFORE, for and in consideration of these premises, of the mutual covenants herein set forth, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: ARTICLE 1. DOCUMENTS INCORPORATED BY REFERENCE This Agreement incorporates and includes the recitals set forth above and the construction plans and related proposals/specifications for the Work attached as Exhibit A to this Agreement. Said Exhibit A, all of which are hereby incorporated herein by referenceis made a part hereof and hereinafter along with this Agreement, is referenced collectively as the "Contract" or "Contract Documents"). Change Orders issued hereafter, Construction Change Directives, a Direction for a Minor Modification in the Work issued by the City, and any other amendments executed by the City and the Contractor, shall become and be a part of the Contract. Documents not included or expressly contemplated in this Article 1 do not, and shall not, form any part of the Contract. The Contract Documents are intended to be complementary, and a requirement in one document shall be deemed to be required in all documents. However, in the event of any conflict between any of the above -listed documents and this Agreement, this Agreement shall control. ARTICLE 2. REPRESENTATIONS OF THE CONTRACTOR In order to induce the City to execute the Contract and recognizing that the City is relying thereon, the Contractor, by executing the Contract, makes the following express representations to the City: 2001 The Contractor is fully qualified to act as the general contractor for the Project and has, and shall maintain, any and all licenses, permits or other authorizations necessary to act as the general contractor for, and to construct the Project; NATURAL SPRINGS PARK GAZEBO AGREEMENT Page 1 of 24 2.02 The Contractor has become familiar with the Project site and the local conditions under which the Project is to be constructed and operated; 2.03 The Contractor has received, reviewed and examined all %J the documents which make up the Contract, including, but not limited to all plans and specifications, and has found them to the best of its knowledge, to be complete, accurate, adequate, consistent, coordinated and sufficient for construction. ARTICLE 3. INTENT AND INTERPRETATION With respect to the intent and interpretation of the Contract, the City and the Contractor agree as follows: 3.01 The Contract Documents constitute the entire and exclusive agreements between the parties with reference to the Project, and said Contract supersedes any and all prior discussions, communications, representations, understandings, negotiations, or agreements. 3.02 Anything that may be required, implied or reasonably inferred by the documents which make up the Contract, or any one or more of them, shall be provided by the Contractor for the Contract Price; 3.03 Nothing contained in the Contract shall create, nor be interpreted to create, privity or any other relationship whatsoever between the City and any person except the Contractor; 3.04 When a word, term, or phrase is used in the Contract, it shall be interpreted or construed first, as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage; 3.05 Wherever the Contract calls for "strict" compliance or conformance with the Contract Documents as to matters other than compliance with time limits, providing an updated schedule, and claim and change order procedures, the term shall mean within tolerances as described specifically in the Contract Documents, or if not specifically described, within industry standards and tolerances for deviation for the specific item or procedure in question; 3.06 The words "include", "includes", or "including", as used in the Contract, shall be deemed to be followed by the phrase, "without limitation"; 3.07 The listing herein of any items as constituting a material breach of the Contract shall not imply that any other, non listed item will not constitute a material breach of the Contract; 3.08 The Contractor shall have a continuing duty to read, examine, review, compare and contrast each of the documents which make up the Contract, shop drawings, and other submittals and shall give written notice to the City of any conflict, ambiguity, error or omission which the Contractor may find with respect to these documents, before proceeding with the associated part of the Work. The express or implied approval by the City or its designee of any shop drawings or other submittals shall not relieve the Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the Contractor's compliance with the Contract. The Contractor represents that it has prepared documents for the Project, including the plans and specifications for the Project, which are accurate, adequate, consistent, NATURAL SPRINGS PARK GAZEBO AGREEMENT Page 2 of 24 coordinated and sufficient for construction. If the Contractor performs any activity knowing it involves an error, inconsistency or omission which was recognized, obvious, or reasonably should have been recognized, without first providing notice to the City, the Contractor shall assume responsibility for such performance and shall bear the costs for correction; 3.09 In the event of any conflict, discrepancy, or inconsistency among any of the documents which make up the Contract, the following shall control: (1) As between this Agreement and any other document, this document shall govern. (2) In the case of any conflict, discrepancy or inconsistency among any of the other Contract Documents, the Contractor shall notify the City immediately upon discovery of same for resolution. ARTICLE 4. CONTRACTOR'S PERFORMANCE The Contractor shall perform all of the Work required, implied or reasonably inferable from the Contract including, but not limited to, the following: 4.01 The Contractor will complete the entire Work described in the Contract Documents, except as specifically identified therein as the work of other parties, in accordance with the terms of the Contract as may be amended from time to time; 4.02 The furnishing of any and all required surety bonds and insurance certificates) and endorsement(s); 4.03 The provision or furnishing, and prompt payment therefor, of labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, disposal, power, fuel, heat, light, cooling, or other utilities, required for construction and all necessary building permits and other permits or licenses required for the construction of the Project; 4.04 The creation and maintenance of a detailed and comprehensive copy of the drawings, specificationsI addenda, change orders and other modifications depicting all as -built construction. Said items shall be submitted to the City, along with other required submittals upon Completion of the Project, and receipt of same by the City shall be a condition precedent to final payment to the Contractor. The Contractor shall prepare and submit final as -built drawings to the City. ARTICLE 5. TIME FOR CONTRACTOR'S PERFORMANCE; DELAYS 5.01 The Contractor shall commence the performance of the Contract on the date set forth in the Notice to Proceed issued by the City Manager or the City Manager's designee and shall diligently continue its performance to and until Completion of the Project. The Contractor shall accomplish Substantial Completion (as defined herein below) of the Project not more than 84 calendar days following the issuance of the Notice to Proceed (sometimes hereinafter referred to as the "Contract Time"). By signing the Contract, the Contractor agrees that the Contract Time is a reasonable time for accomplishing Completion of the Project and completion of the Project within the Contract Time is of the essence. NATURAL SPRINGS PARK GAZEBO AGREEMENT Page 3 of 24 5.02 The Contractor shall pay the City the sum of $500 per day for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the date set forth herein for Substantial Completion. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the City, estimated at the time of executing the Contract. When the City reasonably believes that Substantial Completion will be inexcusably delayed, the City shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the City to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which the City has withheld payment, the City shall promptly release to the Contractor those funds withheld over and above what ultimately came due as liquidated damages; 5.03 The term "Substantial Completion", as used herein, shall mean the point at which, as certified in writing by the City's consulting architect and approved by the City, the Project is at a level of completion in strict compliance with the Contract such that the City or its designee can enjoy beneficial use or occupancy and can legally occupy, use or operate it in all respects, for its intended purpose. Partial use or occupancy of the Project shall not result in the Project being deemed substantially complete, and such partial use or occupancy shall not be evidence of Substantial Completion. 5.04 All limitations of time set forth herein are material and are of the essence of the Contract. 5.05 Contractor agrees to punctually and diligently perform all parts of the Work at the time scheduled in this Agreement. In this connection, Contractor agrees that it will keep itself continually informed of the progress of the job and will, upon its own initiative, confer with the City so as to plan its Work in coordinated sequence with the work of the City, if any, and of others and so as to be able to expeditiously undertake and perform its Work at the time most beneficial to the entire Project. The Contractor will be liable for any loss, costs, or damages sustained by the City for delays in performing the Work hereunder, other than for excusable delays, as set forth in 5.06 below, for which Contractor may be granted a reasonable extension of time. 5.06 If the Contractor is delayed at any time in the progress of the Work by any separate contractor employed by the City, or by changes in the Work, or by labor disputes, fire, unusual delay in transportation, unusually severe weather conditions, unavoidable casualties, delays specifically authorized by the City, or by causes beyond the Contractor's control, avoidance, or mitigation, and without the fault or negligence of the Contractor and/or subcontractor or supplier at any tier, then the contract time shall be extended by Change Order for such reasonable time, if any, as the City may determine that such event has delayed the progress of the Work, or overall completion of the Work if the Contractor complies with the notice and documentation requirements set forth below. (1) If the Contractor is delayed, obstructed, hindered or interrupted for a period of time exceeding seven calendar days by any act or neglect of the City, an adjustment shall be made for any increase in the direct cost of performance of this contract (excluding profit, extended home office overhead, incidental or consequential damages or disruption damages) and the Contract modified in writing accordingly. The Contractor must assert its right under this article by giving written notice to the City Manager within five calendar days of the beginning of a delay, obstruction, hindrance or interruption by the City. No adjustment shall be made for any delay, obstruction, hindrance or interruption after final NATURAL SPRINGS PARK GAZEBO AGREEMENT Page 4 of 24 payment under this contract or to the extent that performance would have been so delayed, obstructed, hindered or interrupted by any other cause, including, but not limited to concurrent cause or fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract. The direct costs described above shall be limited to those direct costs attributable solely to this Project, and shall be subject to documentation and verification of costs as required by the City. If unit prices are established in the Contract Documents or subsequently agreed upon, they shall form the basis for cost calculations under any claims for delay. (2) Any claim for extension of time shall be made in writing to the City, not more than five calendar days from the beginning of the delay. The notice shall indicate the cause of delay upon the progress of Work. If the cause of the delay is continuing, the Contractor must give such written notice every five calendar days. Within five calendar days after the elimination of any such delay, the Contractor shall submit further documentation of the delay and a formal Change Order request for an extension of time for such delay. (3) The written request for a time extension shall state the cause of the delay, the number of calendar days extension requested, and such analysis and other documentation as is reasonably requested by the City to demonstrate a delay in the progress of the Work or the overall Project completion. If the Contractor does not comply with the above notice and documentation requirements, the claim for the delay shall be waived by the Contractor. The above notice and documentation requirements shall also be a condition precedent to the Contractor's entitlement to any extension of time. (4) Extensions of time will be the contractor's primary remedy for any and all delays, obstructions, hindrances, or interference. Payment or compensation, for direct costs only (as set forth above), may be made to the Contractor for hindrances or delays solely caused by the City if such delays or hindrances are within the City's ability to control and are not partially caused by the Contractor or any of its agents, subcontractors or others for whom it is responsible. No payment or compensation will be made for interference, obstructions, hindrances or delays which are not solely caused by the City and which the City fails to cure after a reasonable period after written notice. (5) Without limitation, the City's exercise of its rights under provisions related to changes to the Work, regardless of the extent or number of such changes, or the City's exercise of any of its remedies or any requirement to correct or re -execute defective Work, shall not under any circumstances be construed as delays, hindrances or interference compensable further than as described herein. ARTICLE 6. FIXED PRICE AND CONTRACT PAYMENTS 6.01 The City shall pay, and the Contractor shall accept, as full and complete payment for the Contractor's timely performance of its obligations hereunder the fixed price of $54,879.00. The price set forth in this Section 6.01 shall constitute the Contract Price, which shall not be modified except by Change Order or adjustment pursuant to approved unit prices, if any, as provided in the Contract. 6.02 The City shall pay the Contract Price to the Contractor in accordance with the procedures set forth in this Article 6 and as set forth here: NATURAL SPRINGS PARK GAZEBO AGREEMENT Page 5 of 24 (1) On or before the 10th calendar day of each month after commencement of performance, but no more frequently than once monthly, the Contractor may submit a payment request for the period ending the last calendar day of the previous month (the "Payment Request"). Said Payment Request shall be in such format and include whatever supporting information as may be required by the City. Therein, the Contractor may request payment for 90% of that part of the Contract Price allocable to Contract requirements properly provided, labor, materials and equipment properly incorporated in the Project, and materials or equipment necessary for the Project and properly stored at the Project site (or elsewhere if offsite storage is approved in writing by the City), less the total amount of previous payments received from the City. Payment for materials stored offsite shall be at the discretion of the City and if approved, the Contractor shall provide appropriate documentation to substantiate materials are stored in a bonded warehouse or facility, title or other proof of ownership has been transferred to the City, and that materials have been purchased and paid for by the Contractor (copies of paid invoices must be submitted to the City with payment request). Risk of loss shall be borne by, and insurance must be provided by the Contractor while in storage, transit and use during construction. (2) Amounts reflected in Change Orders may be included in Payment Requests to the extent they are not in dispute and subject to final approval of cost to the City for such changes in the Work. (3) Each Payment Request shall be signed by the Contractor and shall constitute the Contractor's representation that the quantity of Work has reached the level for which payment is requested, that the Work has been properly installed or performed in strict compliance with the Contract, and that the Contractor knows of no reason why payment should not be made as requested. (4) Thereafter, the City shall review the Payment Request and may also review the Work at the Project site or elsewhere to determine whether the quantity and quality of the Work is as represented in the Payment Request and is as required by the Contract. The amount of each such payment shall be the amount approved for payment by the City less such amounts, if any, otherwise owing by the Contractor to the City or which the City shall have the right to withhold as authorized by the Contract, subject to approval by the City. Approval of the Contractor's Payment Requests shall not preclude the City from the exercise of any of its rights as set forth in 6.06 herein below. With the exception of the final payment referenced in Paragraph 6.08 of this Agreement, the City will make progress payments to the Contractor as follows. Provided that a Payment Request is received by the City not later than the fifth day of a month, the City shall make the approved payment to the Contractor not later than the 20th day of the month. If a Payment Request is received by the City later than the fifth day of a month, payment shall be made by the City not later than 20 days after the City receives the Payment Request. (5) The submission by the Contractor of a Payment Request also constitutes an affirmative representation and warranty that all Work for which the City has previously paid is free and clear of any lien, claim, or other encumbrance of any person whatsoever. As a condition precedent to payment, the Contractor shall, if required by the City, also furnish to the City properly executed waivers of lien or claim, in a form acceptable to the City, from all subcontractors, materialmen, suppliers or others having lien or claim rights, wherein said subcontractors, materialmen, suppliers or others having lien or claim rights, NATURAL SPRINGS PARK GAZEBO AGREEMENT Page 6 of 24 shall acknowledge receipt of all sums due pursuant to all prior Payment Requests and waive and relinquish any liens, lien rights or other claims relating to the Project site. Furthermore, the Contractor warrants and represents that, upon payment of the Payment Request submitted, title to all Work included in such payment shall be vested in the City. 6.03 When payment is received from the City, the Contractor shall within seven calendar days pay all subcontractors, material men, laborers and suppliers the amounts they are due for the Work covered by such payment. In the event the City becomes informed that the Contractor has not paid a subcontractor, material man, laborer, or supplier as provided herein, the City shall have the right, but not the duty, to issue future checks and payment to the Contractor of amounts otherwise due hereunder naming the Contractor and any such subcontractor, material man, laborer, or supplier as joint payees. The City shall notify the Contractor of its intent to implement such a procedure, and will give the Contractor a reasonable period to cure any such failure prior to implementing the procedure. Such joint -check procedure, if employed by the City, shall create no rights in favor of any person or entity beyond the right of the named payees to payment of the check as a co -payee and shall not be deemed to commit the City to repeat the procedure in the future. 6.04 Neither payment to the Contractor, full or partial utilization of the Project for any purpose by the City, nor any other act or omission by the City shall be interpreted or construed as an acceptance of any Work of the Contractor not strictly in compliance with the Contract; 6.05 After written notice to the Contractor and a reasonable opportunity to cure, the City shall have the right to refuse to make payment, in whole or in part, and, if necessary, may demand the return of a portion or all of the amount previously paid to the Contractor due to: (1) The quality of a portion, or all, of the Contractor's Work not being in accordance with the requirements of the Contract; (2) The quantity of the (ontractor's Work not being as represented in the Contractor's Payment Request, or otherwise; (3) The Contractor's rate of progress being such that, in the opinion of the City, Substantial Completion may be inexcusably delayed; (4) The Contractor's failure to use Contract funds, previously paid the Contractor by the City, to pay Contractor's Project -related obligations including, but not limited to, subcontractors, laborers and material and equipment suppliers; (5) Claims made, or likely to be made, against the City or its property for which the Contractor or its agents or subcontractors or others for whom it is responsible are, or reasonably appear to be at fault; (6) Loss caused by the Contractor; or (7) The Contractor's failure or refusal to perform any of its obligations to the City, after written notice and a reasonable opportunity to cure as set forth above. In the event that the City makes written demand upon the Contractor for amounts previously paid by the City as contemplated in this Section 6.05, the Contractor shall promptly comply with NATURAL SPRINGS PARK GAZEBO Page 7 of 24 such demand. The City's rights hereunder survive the term of this Agreement, are not waived by final payment and/or acceptance, and are in addition to Contractor's obligations elsewhere herein. 6.06 When the Contractor believes that Substantial Completion has been achieved, the Contractor shall notify the City in writing and shall furnish a listing of those matters, if any, yet to be finished. The City will thereupon conduct a site review to confirm that the Project is in fact substantially complete. If the City, through its review, finds that the Contractor's Work is not substantially complete, and is required to repeat all, or any portion, of such review, the Contractor shall bear the cost of such repeat site review(s), which cost may be deducted by the City from any payment then or thereafter due to the Contractor. Guarantees and equipment warranties required by the Contract shall commence on the date of Substantial Completion. Upon Substantial Completion, the City shall pay the Contractor an amount sufficient to increase total payments to the Contractor to 100% of the Contract Price less any amounts attributable to damages, and less 150% of the costs, as reasonably determined by the City, incurred for the City to complete any incomplete Work, correcting and bringing into conformance all defective and nonconforming Work, and handling any outstanding or threatened claims. Such a calculation by the City of costs for completing all incomplete Work, correcting and bringing into conformance all defective and nonconforming Work, and handling any outstanding or threatened claims shall not bar the City from exercising its stated rights elsewhere in the Contract, or otherwise as provided by law for any incomplete, defective or nonconforming Work or claims that are discovered by the City after the date of making such calculation or after the date of any partial or final payment, whether or not such incomplete, defective or nonconforming Work or claims were obvious or should have been discovered earlier. 6.07 When the Project is finally complete and the Contractor is ready for a final review, it shall notify the City thereof in writing. Thereupon, the City will perform a final site review of the Project. If the City concurs that the Project is complete in full accordance with the Contract and that the Contractor has performed all of its obligations to the City hereunder, the Contractor will furnish a final Approval for Payment to the City certifying to the City that the Project is complete and the Contractor is entitled to the remainder of the unpaid Contract Price, less any amount withheld pursuant to the Contract. If the City is unable to issue its final Approval for Payment and is required to repeat its final review of the Project, the Contractor shall bear the cost of such repeat review(s), which costs may be deducted by the City from the Contractor's final payment; 6.08 The City shall, subject to its rights set forth in Section 6.06 above and elsewhere in the Contract, endeavor to make final payment of all sums due the Contractor within 30 calendar days of the final Approval for Payment, with the exception of items in dispute or concerning which the City has exercised any of its rights to investigate or remove. ARTICLE 7. INFORMATION AND MATERIAL SUPPLIED BY THE CITY 7.01 The City has furnished to the Contractor, prior to the execution of this Agreement, all written and tangible material in its possession relevant to the conditions at the site of the Project. Such written and tangible material has been furnished to the Contractor only in order to make complete disclosure of such material as being in the possession of the City and for no other purpose. By furnishing such material, the City does not represent, warrant, or guarantee its accuracy either in whole, in part, implicitly or explicitly, or at all. 7.02 Differing site conditions. The Contractor shall promptly, and before such conditions are disturbed, notify the City in writing of: (1) subsurface or latent physical conditions at the site NATURAL SPRINGS PARK GAZEBO Page 8 of 24 differing materially from those indicated in the contract, or (2) unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inhering in Work of the character provided for in this contract. The City shall investigate the conditions, and if it finds that such conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the Work under the Contract, whether or not changed as a result of such conditions, an adjustment shall be made, through negotiation and mutual agreement, and the contract modified in writing accordingly. ARTICLE 8. CEASE AND DESIST ORDER/CITY'S RIGHT TO PERFORM WORK 8.01 In the event the Contractor fails or refuses to perform the Work, or any separable part thereof, as required herein, or with the diligence that will ensure its proper, timely completion in accordance with the contract documents, the City may instruct the Contractor, by written notice, to cease and desist further Work, in whole or in part, or to correct deficient Work. Upon receipt of such instruction, the Contractor shall immediately cease and desist, or proceed, as instructed by the City. In the event the City issues such instructions to cease and desist, the Contractor must, within seven calendar days of receipt of the City's instructions, provide a written, verified plan to eliminate or correct the cause of the City's order, which plan appears to the City to be reasonable, actually attainable and in good faith. In the event that the Contractor fails and/or refuses to provide such a plan or diligently execute an approved plan, then the City shall have the right, but not the obligation, to carry out the Work, or any portion thereof, with its own forces, or with the forces of another contractor, and the Contractor shall be fully responsible and liable for the costs of the City performing such Work, which costs may be withheld from amounts due to the Contractor from the City. The rights set forth herein are in addition to, and without prejudice to, any other rights or remedies the City may have against the Contractor. If Work completed by the City or other contractor affects, relates to, is to be attached onto or extended by later Work of the Contractor, the Contractor shall, prior to proceeding with the later Work, and to the extent visible, report any apparent defects or variance from the Contract requirements which would render the Contractor's later Work not in compliance with the Contract requirements or defective or not in compliance with warranties or other obligations of the Contractor hereunder. 8.02 The provisions of this article shall be in addition to the City's ability to remove portions of the Work from the Contract and complete it separately. ARTICLE 9. CONTRACTOR'S DUTIES, OBLIGATIONS AND RESPONSIBILITIES In addition to any and all other duties, obligations and responsibilities of the Contractor set forth in the Contract Documents, the Contractor shall have and perform the following duties, obligations and responsibilities to the City: 9.01 Reference is hereby made to the continuing duties set forth in Section 3.08 above, which are by reference hereby incorporated in this Section 9.01. The Contractor shall not perform Work without adequate plans and specifications, or without, as appropriate, approved shop drawings, or other submittals. If the Contractor performs Work knowing or believing, or if through exercise of reasonable diligence it should have known that such Work involves an error, inconsistency or omission in the Contract without first providing written notice to the City, the Contractor shall be responsible for such Work and shall correct same bearing the costs set forth in Section 3.08 above. NATURAL SPRINGS PARK GAZEBO Page 9 of 24 9.02 All Work shall strictly conform to the requirements of the Contract. To that end, the Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work, unless otherwise specified in the Contract Documents. 9.03 The Work shall be strictly supervised, the Contractor bearing full responsibility for any and all acts, errors or omissions of those engaged in the Work on behalf of the Contractor, including, but not limited to, all subcontractors and their employees. The Contractor shall maintain an on - site superintendent while any portion of the Work is being performed. The Contractor shall operate exclusively in the capacity of the City's independent contractor as to all Work it performs under the Contract, and not as an agent, employee, or representative of the City. 9.04 The Contractor hereby warrants that all laborers furnished under the Contract shall be qualified and competent to perform the tasks undertaken, that the product of such labor shall yield only first-class results, that all materials and equipment provided shall be new (unless otherwise specified) and of high quality, that the completed Work will be complete, of high quality, without defects, and that all Work strictly complies with the requirements of the Contract. Any Work not strictly complying with the requirements of this the Contract shall constitute a breach of the Contractor's warranty. 9.05 The Contractor will be responsible for acquiring all required permit(s)—except as specifically stated in Section 22.01 below —and calling for all required or routine inspections. The Contractor will cooperate with and abide by the decision of inspectors having jurisdiction. Should the Contractor have a dispute with any inspector or entity having jurisdiction, the Contractor shall promptly notify the City Manager or the City Manager's designee. The Contractor shall comply with all legal requirements applicable to the Work 9.06 The Contractor shall employ and maintain at the Project site only competent, qualified full time supervisory personnel. Key supervisory personnel assigned by the Contractor to this Project are as follows: ►f�T_TrL _Greg Woolsey _Craig Hawk FUNCTION Project Manager (Phone: 817-999-6025) Project Superintendent (Phone: 817-965-1833) If at any time the City reasonably determines that any employee of the Contractor is not properly performing the Work in the best interest of the City or the Project, or is hindering the progress of the Work, or is otherwise objectionable, the City shall so notify the Contractor, which shall replace the employee as soon as possible, at no increased cost to the City. 9.07 The Contractor must submit to the City the Contractor's schedule for completing the Work prior to the City issuing the Notice to Proceed. The City will not review any payment request until such schedule has been submitted and approved. Such schedule shall be in a form as specified in the Contract or which shall have been approved by the City Manager or the City Manager's designee, and which shall provide for expeditious and practicable construction of the Project. The Contractor's schedule shall be updated no less frequently than monthly (unless the parties NATURAL SPRINGS PARK GAZEBO Page 10 of 24 otherwise agree in writing) and shall be updated to reflect conditions encountered from time to time and shall apply to the total Project. Each such revision shall be furnished to the City. Strict compliance with the requirements of this Section 9.07 shall be a condition precedent to payment to the Contractor, and failure by the Contractor to strictly comply with said requirements shall constitute a material breach of the Contract. 9.08 The Contractor shall keep an updated copy of the Contract Documents at the site. Additionally, the Contractor shall keep a copy of approved shop drawings and other submittals. All of these items shall be available to the City during all regular business hours. 9.09 Shop drawings and other such submittals from the Contractor do not constitute a part of the Contract. The Contractor shall not do any Work requiring shop drawings or other submittals unless such shall have been approved in writing by the City or as required by the Contract Documents. All Work requiring approved shop drawings or other submittals shall be done in strict compliance with such approved documents or Contract requirements. However, approval by the City shall not be evidence that Work installed pursuant thereto conforms with the requirements of the Contract, and shall not relieve the Contractor of responsibility for deviations from the Contract unless the City has been specifically informed of the deviation by a writing incorporated in the submittals and has approved the deviation in writing. The delivery of submittals shall constitute a representation by the Contractor that it has verified that the submittals meets the requirements of the Contract, or will do so, including field measurements, materials and field construction criteria related thereto. The City shall have no duty to review partial submittals or incomplete submittals. The Contractor shall have the duty to carefully review, inspect, examine and physically stamp and sign any and all submittals before submission of same to the City. 9.10 The Contractor shall maintain the Project site and adjacent areas affected by its Work and/or the acts of its employees, materialmen and subcontractors in a reasonably clean condition during performance of the Work. Upon substantial completion, the Contractor shall thoroughly clean the Project site of all debris, trash and excess materials or equipment. If the Contractor fails to do so, the City may complete the cleanup, by its own forces or by separate contract, and shall be entitled to charge the Contractor for same through the collection or withholding of funds through the mechanisms provided elsewhere in this Agreement; 9.11 At all times relevant to the Contract, the Contractor shall permit the City and its consultants to enter upon the Project site and any offsite lay down areas, safety permitting, and to review or inspect the Work and any materials on any such site, without formality or other procedure. 9.12 The Contractor recognizes that the City may enter into other contracts to perform Work relating to the Project, or to complete portions of the Work itself. The Contractor shall ensure that its forces reasonably accommodate the forces of the City and other contractors hired by the City. The Contractor shall coordinate its schedule with the work of other contractors. If the Contractor claims that delay or damage results from these actions of the City, it shall promptly submit a claim as provided herein. 9.13 Protection of persons and property. (1) It shall be the responsibility of the Contractor to initiate, continue and supervise all safety programs and precautions in the performance of the terms of the Contract. The NATURAL SPRINGS PARK GAZEBO Page 11 of 24 Contractor shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury or loss to its employees, subcontractors' employees, employees of the City and members of the public, the Work itself and unassembled components thereof, and other property at the site or adjacent thereto. As part of the Contractor's obligations hereunder, the Contractor shall erect and maintain all necessary and prudent safeguards, barriers, signs, warnings, etc. (2) With notice to the City, the Contractor shall promptly remedy loss or damage to the Work or any person or property described herein caused in whole or in part by the acts of the Contractor or any subcontractor, sub -subcontractor or materialman. This obligation shall be in addition to the requirements of Article 10 herein. The City may direct the Contractor to remedy known violations of applicable laws, rules, regulations, and interpretations related to safety when and if observed on the site. However, through exercising this authority the City shall not incur any obligations to monitor, initiate, continue, or supervise safety programs and precautions such to diminish the Contractor's primary role in same. The City shall have the right to report suspected safety violations to the Occupational Safety and Health Administration (OSHA) or other appropriate authorities. (3) The Contractor shall promptly notify the City upon discovery of any unidentified material which Contractor reasonably believes to be asbestos, lead, PCB, or other hazardous material, and shall immediately stop work in the affected area of the Project. The Contractor shall not be responsible for removal or other work with regard to such hazardous material unless otherwise agreed between the City and the Contractor. In the case of work stopped due to the discovery of hazardous materials, Article 6 shall apply to claims for delay, hindrance or interference. Work will resume in the affected area of the Project immediately after such time as the hazardous material has been removed or rendered harmless, as certified by an industrial hygienist to be engaged by the City. 9.14 The Contractor warrants to the City that materials and equipment furnished under the Contract are of good quality and new unless otherwise required or permitted under the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the City, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. ARTICLE 10. INDEMNITY Except for expenses or liabilities arising from the negligence of the City, the Contractor hereby expressly agrees to indemnify and hold the City harmless against any and all expenses and liabilities arising out of the performance or default of the Contract as follows: 10.01 Contractor shall indemnify, and hold harmless, to the maximum extent permitted by law, City and its officers, agents, employees, and consultants from and against any and all liability, damages, losses, (whether in contract or in tort, including personal injury, accidental death or property damage, and regardless, of whether the allegations are false, fraudulent or groundless), and costs (including reasonable attorney's fees and related expenses, litigation, arbitration, mediation, appeal expenses incurred in any matter, including a proceeding to NATURAL SPRINGS PARK GAZEBO Page 12 of 24 enforce this Article 10) which in whole or in part are caused by the negligence, recklessness or other wrongful conduct of the Contractor and persons employed by or utilized by the Contractor in Contractor's performance of this Agreement. 10.02 Contractor's obligation to indemnify, defend and hold harmless shall remain in effect and shall be binding upon Contractor whether such injury or damage shall accrue, or may be discovered, before or after termination of the Contract. 10.03 Contractor's failure to comply with this section's provisions shall constitute a material breach upon which City may immediately terminate or suspend this Agreement. ARTICLE 11. CLAIMS BY THE CONTRACTOR Claims by the Contractor against the City, other than for time extensions covered by Article 6 hereof, are subject to the following terms and conditions: 11.01 All Contractor claims against the City shall be initiated by a written claim submitted to the City. Notice of such claim shall be received by the City no later than either 10 calendar days after the event, or 10 calendar days after the first appearance of the circumstances causing the claim, whichever is sooner, and same shall set forth in detail all known facts and circumstances supporting the claim. Final costs associated with any claim upon which notice has been filed must be submitted in writing to the City within 30 calendar days after notice has been received; 11.02 The Contractor and the City shall continue their performance hereunder regardless of the existence of any claims submitted by the Contractor including claims set forth in Article 6 hereof; 11.03 In the event the Contractor discovers previously concealed and unknown site conditions which are materially at variance from those typically and ordinarily encountered in the general geographical location of the Project, the Contract Price may, with the approval of the City, be modified, either upward or downward, upon the written notice of claim made by either party within 10 calendar days after the first appearance to such party of the circumstances. Final costs must be submitted within 30 calendar days after such notice is received by the City, unless extended by written agreement of the parties. As a condition precedent to the City having any liability to the Contractor due to concealed and unknown conditions, the Contractor must give the City written notice of, and an opportunity to observe, such condition prior to disturbing it. The failure by the Contractor to give the written notice and make the claim as provided by this Section 11.03 and as required elsewhere under the Contract shall constitute a waiver by the Contractor of any rights arising out of or relating to such concealed and unknown condition; 11.04 In the event the Contractor seeks to make a claim for an increase in the Contract Price, as a condition precedent to any liability of the City therefor, unless emergency conditions exist, the Contractor shall strictly comply with the requirements of Section 11.01 above and such claim shall be made by the Contractor before proceeding to execute any Work for which a claim is made. Failure to comply with this condition precedent shall constitute a waiver by the Contractor of any claim for additional compensation; 11.05 In connection with any claim by the Contractor against the City that would result in compensation in excess of the Contract Price, any liability of the City for the Contractor's cost in this regard shall be limited to those cost categories set forth in Section 13.07 below. ARTICLE 12. SUBCONTRACTORS NATURAL SPRINGS PARK GAZEBO Page 13 of 24 12.01 Prior to execution of the Contract, the Contractor shall have identified to the City in writing, those parties required to be listed on the proposal form as subcontractors on the Project. Any changes to this list at any time shall be subject to the prior approval of the City. The City shall, in writing, state any objections the City may have to one or more of such subcontractors. The Contractor shall not enter into a subcontract with an intended subcontractor to whom the City objects. If at any time the City objects to a subcontractor, the Contractor shall solicit proposals from potential replacements and shall submit the three lowest proposals to the City, along with the Contractor's proposed choice as replacement. If the approved replacement subcontractor's cost is verified to be higher than the removed subcontractor, the excess shall be added to the Contract Price, unless the subcontractor in question has to be removed due to a default, or deficient performance. If the approved replacement subcontractor's cost is lower than the removed subcontractor, the difference shall be deducted from the Contract Price. Subcontractor markups shall be limited to those listed in Section 13.07 below. All subcontracts shall afford the Contractor rights against the subcontractor which correspond to those rights afforded to the City against the Contractor herein, including those rights of Contract termination as set forth herein below. 12.02 Each and every subcontract related to the Project is hereby assigned by the Contractor to the City, contingent upon the termination of the Contract for default or convenience as provided herein, and only as to those subcontracts which the City accepts in writing directed to the Contractor. This contingent assignment is subject to the prior rights of any surety obligated under a bond related to the Contract. This contingent assignment will operate prospectively from the effective date of assignment, and will not obligate the City to any liabilities existing on the effective date of the assignment, or arising from events, acts, failures to act, facts or circumstances existing prior to the effective date of the assignment. The contracts subject to this contingent assignment shall also be further assignable by the City, at the City's sole option. The Contractor shall bear the responsibility of notifying subcontractors of this contingent assignment and including it in all subcontracts in connection with the Project. ARTICLE 13. CHANGE ORDERS 13.01 The City Manager or the City Manager's express designee shall be the sole authorized representative of the City. Other than in matters of public safety or in time of emergency management, the Contractor shall not take direction or act upon information from any City personnel other than the City Manager's expressly authorized designee(s). 13.02 One or more changes to the Work within the general scope of the Contract, may be ordered by Change Order. The City may also issue written directions for minor changes in the Work and may issue Construction Change Directives, as set forth below. The Contractor shall proceed with any such changes or Construction Change Directives without delay and in a diligent manner, and same shall be accomplished in strict accordance with the following terms and conditions: 13.03 Change Order shall mean a written order directed to the Contractor executed by the City after execution of the Contract, directing a change in the Work. A Change Order may include a change in the Contract Price, (other than a change attributable to damages for delay as provided in Article 6 hereof), or the time for the Contractor's performance, or any combination NATURAL SPRINGS PARK GAZEBO Page 14 of 24 thereof. Where there is a lack of total agreement on the terms of a Change Order or insufficient time to execute a bilateral change, the City may also direct a change in the Work in the form of a Construction Change Directive, which will set forth the change in the Work and the change, if any, in the Contract Price or time for performance, for subsequent inclusion in a Change Order; Construction Change Directives shall include a notAo-exceed preliminary price, against which the Contractor may begin billing (subject to the requirements for pay applications elsewhere herein) as the Work is performed. (1) The Contractor shall furnish a price breakdown, itemized as required and within the time specified by the City, with any proposal for a contract modification. (2) The price breakdown (a) must include sufficient detail to permit an analysis of all costs for material, labor, equipment and subcontracts, and (b) must cover all Work involved in the modification, whether the Work was deleted, added or changed. (3) The Contractor shall provide similar price breakdowns to support any amounts claimed for subcontracts. (4) The Contractor's proposal shall include a complete justification for any time extension proposed. 13.04 Any change in the Contract Price resulting from a Change Order shall be determined as follows: (1) By mutual agreement between the City and the Contractor as evidenced by (a) the change in the Contract Price being set forth in the Change Order, (b) such change in the Contract Price, together with any conditions or requirements relating thereto, being initialed by both parties and (c) the Contractor's execution of the Change Order; or, (2) If no mutual agreement occurs between the City and the Contractor, the change in the Contract Price, if any, shall be derived by determining the reasonable actual costs incurred or savings achieved, resulting from revisions in the Work. Such reasonable actual costs or savings shall include a component for direct job site overhead and profit but shall not include home -office overhead or other indirect costs or components. The calculation of actual costs shall conform to the markup schedule in Section 13.07 below. Any such costs or savings shall be documented in the format, and with such content and detail as the City requires. The Contractor shall promptly submit such documentation and other backup as the City may require in evaluating the actual costs incurred or to be incurred. 13.05 The execution of a Change Order by the Contractor shall constitute conclusive evidence of the Contractor's agreement to the ordered changes in the Work, the Contract as thus amended, the Contract Price and the time for performance by the Contractor, regardless of the nature, amount or extent of the changes. The Contractor, by executing the Change Order, waives and forever releases any claim against the City for additional time or compensation for matters relating to, arising out of or resulting from the Work included within or affected by the executed Change Order of which the Contractor knew or should have known; NATURAL SPRINGS PARK GAZEBO Page 15 of 24 13.06 The Contractor shall notify and obtain the consent and approval of the Contractor's surety with reference to all Change Orders if such notice, consent or approval are required by the City, the Contractor's surety or by law. The Contractor's execution of the Change order shall constitute the Contractor's warranty to the City that the surety has been notified of, and consents to, such Change Order and the surety shall be conclusively deemed to have been notified of such Change Order and to have expressly consented thereto. 13.07 For the purpose of Change Orders, the following definitions of terms and other restrictions apply: Contractor's or Subcontractor's Materials shall include the cost of materials, sales tax, and the cost of all transport. The cost of items listed shall be directly related to the Change Order. Indirect costs not specifically related to the Change Order shall not be considered. Contractor's or Subcontractor's Direct Labor Cost shall be limited to the hourly rate of directly involved workmen, employer contributions towards company standard benefits, pensions, unemployment or social security (if any), and employer costs for paid sick and annual leave. Contractor's or Subcontractor's Overhead shall include license fees, bond premiums, supervision, wages of timekeepers and clerks, incidentals, home and field office expense, and vehicle expense directly related to the Project, and all other direct Project expenses not included in the Contractor's materials, direct labor, and equipment costs. The allowance for Overhead and Profit shall be limited to the following schedule: 1. For the Contractor, for any Work performed by the Contractor's own forces, 10% of the Subtotal of Costs to the Contractor. 2. For the Contractor, for any Work performed by his Subcontractor, 5% of the amount due the Subcontractor. 3. For each Subcontractor or Sub -subcontractor involved, for any Work pertormed by their own forces, 10% of their materials and direct labor costs. 4. For each Subcontractor, for Work performed by his Sub-subcontractor(s), 5% of the amount due the Sub -subcontractor. For Change Orders, the total cost or credit to the City shall be based on the following schedule: NATURAL SPRINGS PARK GAZEBO Page 16 of 24 Contractor's Materials Cost + Contractor's Direct Labor Costs + Contractor's Equipment Costs (includes owned/rental equipment)' + Applicable Subcontractor Costs =Subtotal of Costs to the Contractor + Contractor's Overhead and Profit =Total Cost or Credit to the City 13.08 Nothing Contained in this Article shall be deemed to contradict or limit the terms of Section 6.05 above. ARTICLE 14. DISCOVERING AND CORRECTING DEFECTIVE OR INCOMPLETE WORK 14.01 In the event that the Contractor covers, conceals or obscures its Work in violation of the Contract or in violation of an instruction from the City, such Work shall be uncovered and displayed for review by the City and/or its consultants upon request, and shall be reworked at no cost in time or money to the City. 14.02 If any of the Work is covered, concealed or obscured in a manner not covered by Section 14.01 above, it shall, if directed by the City, be uncovered and displayed for the City and/or its consultants. If the uncovered Work conforms strictly with the Contract, the costs incurred by the Contractor to uncover and subsequently, replace such Work shall be borne by the City. Otherwise, such costs shall be borne by the Contractor. 14.03 The Contractor shall, at no cost in time or money to the City, correct Work rejected by the City as defective or failing to conform to the Contract. Additionally, the Contractor shall reimburse the City for all testing, review, inspections and other expenses incurred as a result thereof. 14.04 In addition to its warranty obligations set forth elsewhere in this Agreement and any manufacturer's warranties provided on the Project, and in addition to other remedies provided herein or by law to the City, the Contractor shall be specifically obligated to promptly correct any and all defective or nonconforming Work, whether obvious or after -discovered, for a period of 12 months following Substantial Completion upon written direction from the City. 14.05 The City may, but shall in no event be required to, choose to accept defective or nonconforming Work. In such event, the Contract Price shall be reduced by the greater of (1) the reasonable costs of removing and correcting the defective or nonconforming Work, or (2) the difference between the fair market value of the Project as constructed and the fair market value of the Project had it not been constructed in such a manner as to include defective or nonconforming Work. If the remaining portion of the unpaid Contract Price, if any, is insufficient to compensate 1 Owned Equipment For equipment owned by the Contractor, actually used in Change Order Work including sales tax, or any related business entity, regardless of whether Contractor leases such equipment from the related business entity, the cost shall be the lesser of (i) the Contractor's actual ownership cost, or (ii) 85% of the applicable ownership cost listed in the most recent edition of the Contractor's Equipment Cost Guide, published by Dataquest. Third Party Rental Equipment For equipment actually rented by the Contractor, actually used in Change Order Work including sales tax, from an unrelated third party, the cost shall be the lesser of (i) the Contractor's actual rental cost, or (ii) 85% of the applicable equipment rates based on the most recent edition of the Rental Rate Bluebook for Construction published by Dataquest. A reasonable rental cost shall be allowed as determined by the City Manager or the City Manager's designee when machinery and construction equipment not so listed is required. NATURAL SPRINGS PARK GAZEBO Page 17 of 24 the City for the acceptance of defective or nonconforming Work, the Contractor shall, upon written demand from the City, pay the City such remaining compensation for accepting defective or nonconforming Work. The Contractor shall have an opportunity to correct any defect or non- conformance prior to the City taking the above actions. The contractor, upon written notice of any defect or non-conformance, shall have 10 calendar days to make corrections, unless the City agrees that the correction will require more than 10 calendar days to correct. ARTICLE 15. CITY'S RIGHT TO SUSPEND CONTRACTOR'S PERFORMANCE 15.01 In addition to the City's rights under Article 8 and elsewhere in this Agreement, the City shall have the right at any time to direct the Contractor to suspend its performance, or any designated part thereof when in the interests of the City. If any such suspension is directed by the City, the Contractor shall immediately comply with same. 15.02 In the event the City directs a suspension of performance under this Article, through no fault of the Contractor, if the suspension is lifted other than by Termination, the City shall pay the Contractor as full compensation for such suspension the Contractor's ordinary and reasonable costs, actually incurred and paid, of: (1) demobilization and remobilization, including such justifiable costs paid to subcontractors (cost categories and markups limited to those set forth in Section 13.07 above); (2) preserving and protecting Work in place; (3) approved storage of materials or equipment purchased for the Project, including insurance thereon; and (4) substantiated extended field office overhead (but no home -office overhead). 15.03 The City may order suspension of the Work in whole or in part for such time as deemed necessary because of the failure of the Contractor to comply with any of the requirements of this Agreement, and the Agreement's completion date shall not be extended on account of any such suspension of Work. When the City orders any suspension of the Work under this Section 15.03, the Contractor shall not be entitled to any payment for Work which the Contractor performs after notice of suspension and/or during the suspension period and shall not be entitled to any costs or damages resulting from such suspension. 15.04 The City's rights under this Article shall be in addition to those contained elsewhere in the Contract or provided by law. ARTICLE 16. TERMINATION BY THE CITY The City may terminate the Contract in accordance with the following terms and conditions: 16.01 Termination for Convenience. The City may, when in the interests of the City, terminate performance under the Contract by the Contractor, in whole or in part, for the convenience of the City. The City shall give written notice of such termination to the Contractor specifying when termination becomes effective. The Contractor shall incur no further obligations in connection with the Work so terminated, other than warranties and guarantees for completed Work and NATURAL SPRINGS PARK GAZEBO Page 18 of 24 installed equipment, and the Contractor shall stop work when such termination becomes effective. The Contractor shall also terminate outstanding orders and subcontracts for the affected Work. The Contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders. The City may direct the Contractor to assign the Contractor's right, title and interest under termination orders or subcontracts to the City or its designee. The Contractor shall transfer title and deliver to the City such completed or partially completed Work and materials, equipment, parts, fixtures, information and Contract rights as the Contractor has in its possession or control. When terminated for convenience, the Contractor shall be compensated as follows: (1) The Contractor shall submit a termination claim to the City specifying the amounts due because of the termination for convenience together with costs, pricing or other data required by the City. If the Contractor fails to file a termination claim within six months from the effective date of termination, the City shall pay the Contractor, an amount derived in accordance with subsection (3) below. (2) The City and the Contractor may agree to the compensation, if any, due to the Contractor hereunder. (3) Absent agreement to the amount due to the Contractor, the City shall pay the Contractor the following amounts: (a) Contract costs for labor, materials, equipment and other services accepted under the Contract; (b) Reasonable costs incurred in preparing to perform and in performing the terminated portion of the Work, and in terminating the Contractor's performance, plus a fair and reasonable allowance for direct job site overhead and earned profit thereon (such profit shall not include anticipated profit or consequential damages); provided however, that if it reasonably appears that the Contractor would have not profited or would have sustained a loss if the entire Contract would have been completed, no profit shall be allowed or included and the amount of compensation shall be reduced to reflect the anticipated rate of loss, if any; (c) Reasonable costs of settling and paying claims arising out of the termination of subcontracts or orders pursuant to Subsection (3)(a) above —if contingent assignment of such contracts has not been elected as provided herein —shall not include amounts paid in accordance with other provisions of the Contractor. This clause is subject to and the Contractor shall be limited by the City's rights to direct the replacement of subcontractors under Section 12.01. The total sum to be paid the Contractor under this Subsection (3) shall not exceed the total Contract Price, as properly adjusted, reduced by the amount of payments otherwise made, and shall in no event include duplication of payment. 16.02 Termination for Cause. If the Contractor does not perform the Work, or any part thereof, in a timely manner, supply adequate labor, supervisory personnel or proper equipment or materials, or if it fails to timely discharge its obligations for labor, equipment and materials, or proceeds to disobey applicable law, or otherwise commits a violation of a material provision of the Contract, then the City, in addition to any other rights it may have against the Contractor or others, may NATURAL SPRINGS PARK GAZEBO Page 19 of 24 terminate the performance of the Contractor, in whole or in part at the City's sole option, and assume possession of the Project site and of all materials and equipment at the site and may complete the Work. In such case, the Contractor shall not be paid further until the Work is complete. After Completion has been achieved, if any portion of the Contract Price, as it may be modified hereunder, remains after the cost to the City of completing the Work, including all costs and expenses of every nature incurred, has been deducted by the City, such remainder shall belong to the Contractor. Otherwise, the Contractor shall pay and make whole the City for such cost. This obligation for payment shall survive the termination of the Contract. In the event the employment of the Contractor is terminated by the City for cause pursuant to this Section 16.02 and it is subsequently determined by a Court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a Termination for Convenience under Section 16.01 and the provisions of Section 16.01 shall apply. 16.03 Termination for Non -Appropriation. The City may also terminate the Contract, in whole or in part, for non -appropriation of sufficient funds to complete or partially complete the Project, regardless of the source of such funds, and such termination shall be on the terms of Section 16.01. 16.04 The City's rights under this Article shall be in addition to those contained elsewhere herein or provided by law. ARTICLE 17. INSURANCE 17.01 Contractor shall be responsible for all damage to person and or property resulting from its negligent acts, reckless or intentional misconduct, errors or omissions or those of their subcontractors, agents or employees in connection with such services and shall be responsible for all parts of its Work, both temporary and permanent. 17.02 Contractor shall, at its own expense, procure and maintain throughout the term of this Agreement, with insurers acceptable to City, the types and amounts of insurance conforming to the minimum requirements set forth in this Agreement. Contractor shall not commence Work until the required insurance is in force and evidence of insurance acceptable to City has been provided to, and approved by, City. An appropriate Certificate of Insurance shall be satisfactory evidence of insurance. Until such insurance is no longer required by the Contract, Contractor shall provide City with renewal or replacement evidence of insurance at least 30 days prior to the expiration or termination of such insurance. Insurance certificates shall be for Contractor's installer: L.J. Design & Construction. 17.03 Workers' Compensation/Employer's Liability Insurance Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $1,000,000 for each accident. General Liability Insurance Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage NATURAL SPRINGS PARK GAZEBO Page 20 of 24 limits of not less than P1,000,000 for each occurrence and not less than P 1000,000 in the aggregate. Automobile Liability Insurance Automobile Liability Insurance with bodily injury limits of not less than $1,00,000 for each person and not less than $1,000,000 for each accident, and with property damage limits of not less than $1,000,000 for each accident. 17.04 Contractor shall furnish insurance certificates or insurance policies at the City's request to evidence such coverages. Except for workers compensation, the insurance policies shall name the City as an additional insured, and shall contain a provision that such insurance shall not be canceled or reduced with respect to by coverages or endorsements without 30 days' prior written notice to City and Contractor. In such event, Contractor shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. 17.05 Compliance with these insurance requirements shall not limit the liability of Contractor. Any remedy provided to the City by any insurance maintained by the Contractor shall be in addition to and not in lieu of any other remedy (including, but not limited to, as an indemnitee of Contractor) available to the City under the Contract or otherwise. 17.06 Neither approval nor failure to disapprove insurance furnished by Contractor shall relieve Contractor from responsibility to provide insurance as required by this Agreement. 17.07 Contractor shall deliver to City the required certificates) of insurance and endorsements) before City signs this Agreement. 17.08 Contractor's failure to obtain, pay for, or maintain any required insurance shall constitute a material breach upon which City may immediately terminate or suspend this Agreement. In the event of any termination or suspension, City may use the services of another consultant or consultants, without City's incurring any liability to Contractor. 17.09 At its sole discretion, City may obtain or renew Contractor insurance, and City may pay all or part of the premiums. Upon demand, Contractor shall repay CITY all monies paid to obtain or renew the insurance. City may offset the cost of the premium against any monies due Contractor from City. 17.10 The Contractor shall furnish to the City Certificates of Insurance allowing thirty (30) days notice for any change, cancellation, or non -renewal. Such Certificates shall contain the following wording: "SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED HEREIN." If the insurance policies expire during the terms of the Contract, a renewal certificate or binder shall be filed with the City at least 15 days prior to the renewal date. ARTICLE 18. RESERVED AND INTENTIONALLY LEFT BLANK NATURAL SPRINGS PARK GAZEBO Page 21 of 24 ARTICLE 19. PROJECT RECORDS All documents relating in any manner whatsoever to the Project, or any designated portion thereof, which are in the possession of the Contractor, or any subcontractor of the Contractor, shall be made available to the City and/or its consultants for inspection and copying upon written request by the City. Furthermore, said documents shall be made available, upon request by the City, to any state, federal or other regulatory authority and any such authority may review, inspect and copy such records. Said records include, but are not limited to, all drawings, plans, specifications, submittals, correspondence, minutes, memoranda, tape recordings, videos, or other writings or things which document the Project, its design, and its construction. Said records expressly include those documents reflecting the cost of construction to the Contractor. The Contractor shall maintain and protect these documents for not less than three years after completion of the Project, or for any longer period of time as may be required by law or good construction practice. The Contractor further agrees to include these provisions in any subcontracts issued by him in connection with this Agreement. ARTICLE 20. APPLICABLE LAW The laws of the State of Texas shall govern this Agreement. In any litigation arising under this Agreement, the parties agree to a waiver of the right to a trial before a jury, and all such litigation shall be litigated only in a non -jury hearing in Collin County, Texas. ARTICLE 21. SUCCESSORS AND ASSIGNS Each party binds itself, its successors, assigns, executors, administrators or other representatives to the other party hereto and to successors, assigns, executors, administrators or other representatives of such other party in connection with all terms and conditions of the Contract. The Contractor shall not assign the Contract without prior written consent of the City. ARTICLE 22. MISCELLANEOUS PROVISIONS 22.01 Construction Permits. The City hereby agrees to waive the charge for aCity-issued building permit for this Project. However, the Contractor is responsible for obtaining all permits or fees otherwise required of the Contractor by the Contract Documents, or permits and fees customarily the responsibility of the Contractor. 22.02 Compliance By Contractor: Nondiscrimination. Contractor shall comply with all Federal, State and local laws, ordinances, rules and regulations of any authorities throughout the duration of the Contract. The Contractor shall be responsible for compliance with any such law, ordinance, rule or regulation and shall hold City harmless and indemnify same in the event of non- compliance. Contractor further agrees to abide by the requirements under Federal Executive Order Number 11246, as amended, including specifically the provisions of the equal opportunity clause. 22.03 State and Local Taxes. Except as otherwise provided, contract prices shall include all applicable state and local taxes. Contractor shall indemnify and hold harmless the City for any loss, cost or expense incurred by, levied upon or billed to the City as a result of Contractor's failure to pay any tax of any type due in connection with this Agreement. Contractor shall ensure that the above sections are included in all subcontracts and sub -subcontracts, and shall ensure withholding on out of state sub and sub -subcontractors to which withholding is applicable. 22.04 Any and all notices required to be sent under the Contract or otherwise shall be sent to the following: NATURAL SPRINGS PARK GAZEBO Page 22 of 24 If to the City: City of Anna Attn: City Manager 111 North Powell Parkway P.O. Box 776 Anna, Texas 75409 If to the Contractor: Insite Amenities Lisa Woolsey 9176 Hyde Road Ft. Worth, Tx 76179 ARTICLE 23. ENTIRE AGREEMENT Any modification to this Agreement must be supported by an additional, articulated consideration, and must either be in writing, executed by the parties hereto, or, if made orally, should be confirmed in writing, which writing should state the consideration which supports the modification. Failure to confirm an oral modification in writing shall constitute a waiver of any claim for additional compensation with regard to the oral modification. Nothing in this Article shall be construed to limit the City's authority to issue changes set forth in Article 14 herein. ARTICLE 24. SEVERABILITY If any term or condition of the Contract or the application thereof to any persons) or circumstances is held invalid, this invalidity shall not affect other terms, conons or applications which can be given effect without the invalid term, conditionor application. To this end, the terms and conditions of th ,e Contract are agreed to be severable. ARTICLE 25. WAIVER Waiver of any breach of any term or condition of this contract shall not be deemed a waiver of any prior or subsequent breach, and shall not entitle any party hereto to any subsequent waiver of any terms hereunder. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. **REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY** RAL SPRINGS PARK GAZEBO Page 23 of 24 IN WITNESS WHEREOF, the Parties have executed this Agreement under their respective seals on the day and year first written above. CITY OF ANNA, TEXAS By: Philip Sanders, City Manager ATTEST: Natha Wilkison, City Secretary (SEAL) INSITE AMENITIES By: Lisa Woolsey, Partner ATTEST: Amy Mooney, Partner NATURAL SPRINGS PARK GAZEBO Page 24 of 24 �� � :�: ����,; � o • o 0 o f Quotation Original Quote Date Quotation # 9/10/2014 704 Name /Address Customer Contact Customer Phone City of Anna 111 N. Powell Parkway Anna, TX 75409-0776 Maurice Schwanke 972-924-3325 Customer Fax 972-924-2620 Item Description Qty Rate Total GXO2-32TGSS Poligon 32' (roof diagonal)two-tiered hexagonal shelter with tongue &groove roof deck and standing seam 1 30,820.00 30,820.00 metal roof in Hartford Green, standard eave height, 4 sides Carmel style handrails, internal electrical access, Poli-5000 factory epoxy prime/powdercoat frame and ornamentation finish in Hunter Green DISCOUNT 5% BuyBoard discount off of shelter -1,541.00 -1,541.00 ENGINEERING Sealed engineered drawings for shelter and footings 250.00 250.00 SHIPPING &HANDLING Shipping and handling charge to Anna, TX 1,700.00 1,700.00 INSTALL Install GXO2-32TGSS, including receive/unload shipment, mount columns and erect frame, pull fishline for 21,800.00 21,800.00 future electrical, seal underside of T&G deck prior to installing, install sealed T&G deck, install standing seam roofing and trim, touch up any scratches to finish with matching paint supplied by manufacturer. Provide 34' hexagonal stiffened slab, including sealed engineering plan. BOND FEES Payment Bond and 1 Year Maintenance Bontl by InSite Amenities to City of Anna 1,850.00 1,850.00 BBCOMGROUP BuyBoard Commodity Group # 423-13, Parks &Recreation &Field Lighting Products &Installation Subtotal $54,879.00 Sales Tax (6.25%) $o.00 This quote is valid for 30 days. TOtaI $54,879.00 Signature By signing you agree to our terms. I -- , INMI Ian I I c � 1 1 'IItlNl l W N Oct Y � I Ism FERGUSON PARKWAY (CR 367) n� CITY OF ANNA, TEXAS Item No. 7 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: Yes 10/08/14 Maurice Schwanke AGENDA SUBJECT: (a) Public Hearing: Public Hearing: For City Council to hear public comment regarding the proposed rezoning of Villages of Hurricane Creek. SUMMARY: This zoning submittal consists of approximately 368.2 total acres of land within the City of Anna. The uses proposed for this Property follow the intent of the City of Anna Comprehensive Plan. The proposal creates a master planned community featuring a mixture of lot sizes that should encourage sustainable neighborhoods. The following table summarizes the proposed lot sizes and densities. LAND USE SUMMARY USE ACREAGE +/- SF LOTS SF DENSITY (UNITS/ACRE) PERCENTAGE SINGLE FAMILY RESIDENTIAL - 50% MAXIMUM LOT COVERAGE 70' x 120' LOTS 84.07 365 4.34 51.4% 80' x 120' LOTS 45.32 185 4.08 273 90' x 120' LOTS 14.61 55 3.76 8.9% 100' x 150' LOTS 1930 49 2.49 12.0% TOTALI 163.7 1 654 1 4.00 44.5 OPEN SPACE 148.7 40.4% FIRE STATION 2.5 03% AMENITY CENTER 2.0 065% ROW DEDICATION 51.3 13.9% TOTAL 368.2 654 1.76 GROSS 100.0% This PD will replace the existing small lot entitlements with the smallest lot being 8,400 square feet. Also proposed in this PD are integrated parks and open spaces which will help to preserve areas designated within the 100-year floodplain. A fire station location is being planned for incorporation into the development as well as an amenity center. The Planning and Zoning recommended approval of the zoning request at their September 8, 2014. The vote was unanimous. STAFF RECOMMENDATION: Continuation of Public Hearing until October 28cn Please publish the attached in the legal section of the newspaper at the earliest possible date. Please send tear sheet, publisher's affidavit, and bill to the City of Anna. CITY OF ANNA PUBLIC HEARINGS ON ZONING CHANGES A public hearing will be conducted by the City Council of the City of Anna on Tuesday, October 141 2014 at 7*30 p.m. at the Community Room of the Anna City Hall Administration Building located at 111 North Powell Pkwy (Hwy 5) Anna, Texas, to hear public comment regarding amendments to the City's Comprehensive Plan, the City's zoning map, and the City's Zoning Ordinance. The public hearing will respectively concern the City Council's consideration of an ordinance described as follows. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. The property is currently zoned as Planned Development as per Ordinance No. 55-2003 and 2001-18, single family residential and commercial development. The owner(s) are requesting changes to the Planned Development zoning(s) by replacing the existing Planned Development requiring larger lot sizes (single family residential) on the property. The property is located north of west White Street (FM 455) west of Hwy 75. Copies of the rezoning request, including a map of the property generally described above, are available for review during regular office hours at the office of the City Secretary, Anna City Hall, at 111 N. Powell Parkway, Anna, Texas. Written comments on the zoning requests/changes are welcomed and will be accepted until the time of the public hearings and may be presented at the hearings. Speakers at the hearings will be heard according to their order on a listing to be established for such purpose by the City Secretary. CITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located on the not side of FM 455 and west of U.S. 75) ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a requested zoning change on Property described in Exhibit A and Exhibit B ("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located on the north side of FM 455 and west of U.S. 75 being rezoned from "PD - Single Family Residential" zoning district to "PD- Single Family Residential (PD) zoning; and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna ("City Council") have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2. Zoning Change The Comprehensive Plan of the City and City of Anna Ordinance No. 116-2003 as amended and codified as Part I11-C of The Anna City Code of Ordinances are hereby amended by changing the zoning of the Property described in Exhibit A from PD - Single Family Residential to PD — Single Family Residential zoning. 1 I. PURPOSE AND INTENT A. Purpose and Intent: This zoning submittal addresses the disposition of approximately 368 total acres of land within the City of Anna more fully described on the legal description attached as Exhibit A (the "Property') and depicted on Exhibit B. The uses proposed for the Property follow the intent of the City of Anna Comprehensive Plan dated March 2010. It is the intent of the Planned Development (PD) to offer greater flexibility for residential development. The purpose of the district is to create a master planned community featuring a mixture of housing types in a manner that will encourage sustainable neighborhoods and attract investment to the area. 1. The purpose of this district is: a. To provide development and land use flexibility within the framework of a Planned Development zoning district. 2. The intent of this district is: a. To design streets and buildings which will contribute to creating safe neighborhoods. b. To provide an attractive environment for pedestrians which includes such things as buildings framing public space, street trees, lighting and canopies that will attract pedestrians. c. To contribute to the definition and use of public parks, ball fields and walking trails. d. Integrated parks and open space to preserve areas designated within the 100-year floodplain. This will protect existing stream corridors and other physical assets as amenities. 3. The Villages of Hurricane Creek PD is intended to provide the community with a mixture of housing types in a pattern and amount that will encourage sustainable neighborhoods and development. 4. The Villages of Hurricane Creek Concept Plan delineates the boundaries of the respective neighborhood areas (Exhibit B). The Development Standards shall apply to the entire Villages of Hurricane Creek District unless indicated otherwise. Housing mix, street types, building types and frontage standards for any particular area shall be controlled by the neighborhood areas delineated on the plan. B. Applicability: This Ordinance shall apply to all development within the PD boundaries. Unless otherwise stated herein, all ordinances of the City shall apply to The Villages of Hurricane Creek. I1. DEFINITIONS Accessory Building or Use: (a) is subordinate to and serves a principal Building or principal Use; (b) is subordinate in area, extent, or purpose to the principal Building or principal Use served and is not physically connected to the principal Building; (c) contributes to the comfort, convenience and necessity of occupants of the principal Building or principal Use served; and (d) 2 is located on the same Building Lot as the principal Use served. If connected to the principal Building, a structure becomes part of the principal Building. Block: Property abutting on one side of the Street and lying between the nearest intersecting or intercepting Streets or nearest intercepting Street and railroad right-of-way, waterway, or other barrier to or gap in the continuity of development along such Street. Building: Any structure built for the support, shelter, or enclosure of persons, chattels, or movable property of any kind. When such structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate Building, except as regards minimum side yards. Building Line: Aline parallel or approximately parallel to the Street line at a specific distance there from marking the minimum distance from the Street line that a Building may be erected. Court: An open, unoccupied space on the same Lot with a Building and bounded on two sides by such Building, or the Open Space provided for access to a dwelling group. District: A portion of the territory of the city within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Part of the Code. The term "residential District" means any SF-E, SF4, SF-84, SF-72, SF-60, SF-2, SF-Z, SF- TH, MH, or MF District; the term "commercial District" means any C4, NC, C-2, C-3 or 04 District. Dwelling Unit: A room or a group of rooms including cooking accommodations, occupied by one Family, and in which not more than two persons, other than members of the Family, are lodged or boarded for compensation at any one time. Dwelling Unit, Single -Family: Detached means located on a Lot or separate Building tract and having no physical connection to a Building on any other Lot. Flood Plain: The land adjoining the channel of a river, stream, or watercourse that has been or may be covered by floodwater. Any land covered by the water of a 100 year frequency storm is considered in the Flood Plain and must comply with the engineering criteria found in the subdivision regulations and other relevant regulations of the City. Frontage: All the property abutting on one side of a Street between intersecting or intercepting Streets, or between a Street and aright -of -way, waterway, end of a dead-end Street, or village boundary measured along the Street line. An intercepting Street shall determine only the boundary of the Frontage on the side of the Street which it shall determine only the boundary of the Frontage on the side of the Street which it intercepts. Where a Lot abuts more than one Street, the planning and zoning commission shall determine the Frontage for purposes of the Part of the Code. Land Use Plan: The long-range plan for the desirable use of land in the City of Anna as officially adopted and as amended from time to time by the City Council, the purpose of such plan being, among other things, to serve as a guide in the zoning and progressive changes in the zoning of land to meet the changing needs, in the subdivision and Use of undeveloped land, and in the 3 acquisition of rights -of -way or sites for public purposes such as Streets, parks, schools and public Buildings. Lot: The entire parcel of land occupied or to be occupied by a main Building and its Accessory Buildings, or by a group such as a dwelling group or automobile Court and their Accessory Buildings, including the yards and Open Spaces required therefore by this title and other applicable law. Lot, Corner: A Lot abutting on two intercepting or intersecting Streets where the interior angle of intersection or interception does not exceed 135°. Lot Coverage: The percentage of the total area of a Lot occupied by the base (first Story or floor) of Buildings located on the Lot. Lot, Interior: A Lot other than a corner Lot. Lot, Lines: The property lines bounding the Lot as defined herein. Lot, Through: A Lot having its front and rear on different Streets, or having its front or rear line on a Street and the other line on a river, lake, creek or other permanent body of water. Lot Depth: The average depth from the front line of the Lot to the rear line of the Lot. Lot Width: The width measured at a distance back from the front line equal to the minimum depth required for a Front Yard. Lot of Record: A Lot, which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk of Collin County, or a parcel of land, the deed for which was recorded in the Office of the County Clerk, Collin County, prior to January 1, 1986. Main Building: A Building in which is conducted principal Use of the Lot on which it is situated. Open Space: That part of any Lot or tract that is used for recreational purposes, both passive and active, but not including areas used for parking or maneuvering of automobiles, or drives or approaches to and from parking areas, Floodplains, or 100% of any standing surface water, may be considered as Open Space, provided such Open Space is contiguous and part of the platted Lot and is maintained and utilized in the same manner and to the same degree as all other Open Space areas as is designated on the site plan as filed with the building permit application. Planned Development: Land under unified control, including developed as a whole; in a single development operation or a definitely programmed series of development operations, including all lands and Buildings; for principal and accessory structures and uses substantially related to the character of the District; according to comprehensive and detailed plans which include not only Streets, utilities, and Lots or Buildings sites, but also site plans, floor plans, and elevations of all Buildings as intended be located, constructed, used and related to each other, and detailed plans for other uses and improvements on the land as related to the Buildings; and with a program for provision, operation and maintenance of such areas, improvements, facilities, and services as will be for common Use by some or all of the occupants of the District, but will not be provided, operated, or maintained at general public expense. Planned Development is both a concept and a zoning classification which may include, in addition to planned unit development, commercial, shopping center, and industrial uses or combination thereof, which may be intended to serve areas within the District and areas without the District. Rear Yard: The required Rear Yard is an Open Space unoccupied and unobstructed except for Accessory Uses extending across the rear of a Lot from one side Lot line to the other side Lot line, the depth of which is dependent upon the zoning District in which the Lot is located. Screening Element (Device): A barrier of permanent material of sufficient heights and density so that the objects being screened are not visible from any point on the Lot line when viewed from any height between ground level and seven feet above ground level and shall mean any of the following: (a) Any solid material constructed of brick, Masonry, or of a concrete or metal frame, or wood or base which supports a permanent type material, the vertical surface of which is not more than 30% open; (b) Any dense evergreen hedge or plant material suitable for providing a visual barrier, for which such material shall be maintained in a healthy growing condition; or (c) Landscaped earth berms may, when appropriate in scale, be considered and used as a Screening Element in lieu of a fence, wall, hedge, or other dense planting material. Street: A public or private thoroughfare which affords the principal means of access to abutting property. The Villages of Hurricane Creek Concept Plan (Exhibit B): The graphic plan for The Villages of Hurricane Creek that establishes and delineates the respective PD sub -districts such as the Village Center and other Neighborhoods. Thoroughfare: An officially designated federal or state numbered highway or county or other road or Street designated as a primary thoroughfare on the official Thoroughfare Plan of the City of Anna. Thoroughfare Plan: The official Thoroughfare Plan of the City of Anna adopted by the City Council establishing the location and official right-of-way width of principal highways and Streets in the city, together with all amendments thereto subsequently adopted. Use: The purpose for which land or a Building or structure thereon is designed, arranged intended or maintained or for which it is or may be used or occupied. This definition does not alter or affect the definition of Nonconforming Use as set forth in Section 39.01 of the Part. (Ord. No. 457-2009, adopted 08125109) Use, Accessory: A subordinate Use on the same Lot with the principal Use and incidental and accessory thereto. Yard: An Open Space, other than a Court, on the same Lot with a Building. 5 Yard, Front: A yard extending across the full width of a Lot and having a depth equal to the shortest distance between the front line of the Lot and the nearest portion of the main Buildings including an enclosed or covered porch, provided that the Front Yard depth shall be measured from the future Street line for a Street on which a Lot fronts, when such line is shown on the official map or is otherwise established. Yard, Rear: A yard extending across the full width of a Lot and having a depth equal to the shortest distance between the rear line of the Lot and the main Building. Yard, Side: A yard between the side line of the Lot and the main Building extending from the Front Yard to the Rear Yard and leaving a width equal to the shortest distance between said side line and the main Building. Zonine Map: The official Zoning Map of the City of Anna together with all amendments subsequently adopted. *Rules for Words and Phrases: For the purposes of the City of Anna Zoning Ordinance, words used in the present tense include the future tense; words in the singular number include the plural number, and words in the plural number include the singular number; the word "shall" is mandatory, not directory; the word "may" is permissive; the word "person" includes a firm, association, organization, partnership, trust, foundation, company, or corporation as well as an individual; the word "used" includes designed and intended or arranged to be used; the word "Building" includes the word "structure"; the word "Lot" includes "Building Lot" or parcel. Wherever the City of Anna Zoning Ordinance imposes a greater restriction than imposed by other ordinances, laws, or regulations, the provisions of the City of Anna Zoning Ordinance shall govern. 111. LOT TYPE REGULATIONS The Villages of Hurricane Creel< will include a specific lot type in order to achieve the goals established for the district. The lot type and requirement shall be as follows: A. Lot Type SF-84 170' x 1201: 1. Purpose: The SF - The District can be appropriately located in proximity to agricultural and Single Family Residential Uses. 2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The Permitted Uses are as follows: a. Single family dwelling, detached; b. Community center (public and private); c. Park, playground, or recreational center (public and private); d. School, public (primary and/or secondary); and e. Swimming pool (private) 3. Specific Use Permit: The following specific uses shall be permitted in a SF-84 District, when granted in accordance with Section 37 of the City of Anna Zoning Ordinance: a. Public, parochial, and private schools and colleges offering courses of general instruction and including convents, monasteries, dormitories, and other related living structures when located on the same site as the school or college. b. Churches, synagogues, chapels, and similar places of religions worship and instruction of a quiet nature when located in a substantial structure. c. Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this part for dwellings and have a landscaped or masonry barrier on all sides. Building shall conform to all space limits of this zone and shall be of such exterior designs to harmonize with nearby properties. d. Public and quasi -public buildings for cultural use. e. Country clubs as defined herein. f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance. 4. Plan Requirements: Except as otherwise specifically authorized in the City of Anna Subdivision Regulations, no building permit or Floodplain Development Permit shall be issued by the City for any parcel of land until a Final Plat — or Development Plat, as applicable — of the land has been recorded. 5. Height Regulations: No building shall exceed thirty-five feet (35'). 6. Area Regulations: The following minimum standards shall be required as measured from property lines: Lot Size: 8,400 square feet 7 'QQ Lot Coverage: The combined area covered by all main buildings and accessory structures shall not exceed fifty percent (50%) of the total lot area. Building Size: The minimum square footage of a dwelling unit, shall be two thousand (2,000) sf. Front Yard: 20 feet minimum Rear Yard: 15 feet minimum (the required Rear Yard shall be open and unobstructed to the sky from a point 30 inches above the average elevation of the Graded Rear Yard, except for Accessory Buildings as permitted herein. Eaves, covered porches, and roof extensions without structural support in the Rear Yard may extend into the rear yard a distance not to exceed four feet. Balconies shall not project into the required Rear Yard.) Side Yard, Interior: S feet minimum Side Yard, Corner Lot, Street Side: 15 feet minimum (45 feet where adjacent to single Family or duplex residential District) Lot Width: 70 feet minimum; (measured at the front building line) Lot Depth: 120 feet minimum Masonry (Brick or rock veneer): 80% 7. Parking Regulations: Two enclosed spaces behind the Front Yard line for single- family Dwelling Units and HUD Code manufactured homes. Other off -Street parking regulations are set forth in Section 38 of the City of Anna Zoning Ordinance. 8. Siens: Signs in this District shall comply with the requirements of the City of Anna Sign Ordinance (as amended). Lot Type SF-84 (80' x 120'): 1. Purpose: The SF44 Single Family Residential District is designed to accommodate Single Family Residential development on relatively ample Lots. The District can be appropriately located in proximity to agricultural and Single Family Residential Uses. 2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The Permitted Uses are as follows: f. Single family dwelling, detached; g. Community center (public and private); h. Park, playground, or recreational center (public and private); i. School, public (primary and/or secondary); and j. Swimming pool (private) 3. Specific Use Permit: The following specific uses shall be permitted in a SF-84 District, when granted in accordance with Section 37 of the City of Anna Zoning Ordinance: g. Public, parochial, and private schools and colleges offering courses of general instruction and including convents, monasteries, dormitories, and other related living structures when located on the same site as the school or college. h. Churches, synagogues, chapels, and similar places of religions worship and instruction of a quiet nature when located in a substantial structure. i. Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this part for dwellings and have a landscaped or masonry barrier on all sides. Building shall conform to all space limits of this zone and shall be of such exterior designs to harmonize with nearby properties. j. Public and quasi -public buildings for cultural use. k. Country clubs as defined herein. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance. 4. Plan Requirements: Except as otherwise specifically authorized Anna Subdivision Regulations, no building permit or Floodplain 5. Height Regulations: No building shall exceed thirty-five feet (35'). in the City 0 6. Area Regulations: The following minimum standards shall be required as measured from property lines: Lot Size: 9,600 square feet Lot Coverage: The combined area covered by all main buildings and accessory structures shall not exceed fifty percent (50%) of the total lot area. Building Size: The minimum square footage of a dwelling unit, shall be two thousand (2,000) sf. Front Yard: 20 feet minimum Rear Yard: 15 feet minimum (the required Rear Yard shall be open and unobstructed to the sky from a point 30 inches above the average elevation of the Graded Rear Yard, except for Accessory Buildings as permitted herein. Eaves, covered porches, and roof extensions without structural support in the Rear Yard may extend into the rear yard a distance not to exceed four feet. Balconies shall not project into the required Rear Yard.) Side Yard, Interior: Side Yard, Corner Lot, Street Side: Lot Width: Lot Depth: Mck or rock veneer): asonry (Bri 5 feet minimum 15 feet minimum (45 feet where adjacent to single Family or duplex residential District) 80 feet minimum; building line) 120 feet minimum 80% (measured at the front 7. Parkins Regulations: Two enclosed spaces behind the Front Yard line for single- family Dwelling Units and HUD Code manufactured homes. Other off -Street parking regulations are set forth in Section 38 of the City of Anna Zoning Ordinance. 8. Signs: Signs in this District shall comply with the requirements of the City of Anna Sign Ordinance (as amended). L C. Lot Type Sr-84 (90' x 1201: 1. Purpose: The SF-84 Single Family Residential District is designed to accommodate Single Family Residential development on relatively ample Lots. The District can be appropriately located in proximity to agricultural and Single Family Residential Uses. 2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The Permitted Uses are as follows: I<. Single family dwelling, detached; Community center (public and private); m. Park, playground, or recreational center (public and private); n. School, public (primary and/or secondary); and o. Swimming pool (private) 3. Specific Use Permit: The following specific uses shall be permitted in a SF-84 District, when granted in accordance with Section 37 of the City of Anna Zoning Ordinance: m. Public, parochial, and private schools and colleges offering courses of general instruction and including convents, monasteries, dormitories, and other related living structures when located on the same site as the school or college. n. Churches, synagogues, chapels, and similar places of religions worship and instruction of a quiet nature when located in a substantial structure. o. Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this part for dwellings and have a landscaped or masonry barrier on all sides. Building shall conform to all space limits of this zone and shall be of such exterior designs to harmonize with nearby properties. p. Public and quasi -public buildings for cultural use. q. Country clubs as defined herein. r. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance. 11 4. Plan Requirements: Except as otherwise specifically authorized Anna Subdivision Regulations, no building permit or Floodplain Permit shall be issued by the City for any parcel of land until a Development Plat, as applicable — of the land has been recorded. 5. 6. 0 Height Regulations: No building shall exceed thirty-five feet (35'). in the City of Development Final Plat — or Area Regulations: The following minimum standards shall be required as measured from property lines: Lot Size: 10,800 square feet Lot Coverage: The combined area covered by all main buildings and accessory structures shall not exceed fifty percent (50%) of the total lot area. Building Size: The minimum square footage of a dwelling unit, shall be two thousand (2,000) sf. Front Yard: 20 feet minimum Rear Yard: 15 feet minimum (the required Rear Yard shall be open and unobstructed to the sky from a point 30 inches above the average elevation of the Graded Rear Yard, except for Accessory Side Yard, Interior: Side Yard, Corner Lot, Street Side: Lot Width: Lot Depth: Masonry (Brick or rock veneer): Buildings as permitted herein. Eaves, covered porches, and roof extensions without structural support in the Rear Yard may extend into the rear yard a distance not to exceed four feet. Balconies shall not project into the required Rear Yard.) 5 feet minimum 15 feet minimum (45 feet where adjacent to single Family or duplex residential District) 90 feet minimum; building line) 120 feet minimum 80% (measured at the front Parking Regulations: Two enclosed spaces behind the Front Yard line for single- family Dwelling Units and HUD Code manufactured homes. Other off -Street 12 parking regulations are set forth in Section 38 of the City of Anna Zoning Ordinance. 8. Signs: Signs in this District shall comply with the requirements of the City of Anna Sign Ordinance (as amended). D. Lot Type SF-84 (100' x 150'): 1. Purpose: The SF-84 Single Family Residential District is designed to accommodate Single Family Residential development on relatively ample Lots. The District can be appropriately located in proximity to agricultural and Single Family Residential Uses. 2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The Permitted Uses are as follows: p. Single family dwelling, detached; q. Community center (public and private); r. Parlc, playground, or recreational center (public and private); s. School, public (primary and/or secondary); and t. Swimming pool (private) 3. Specific Use Permit: The following specific uses shall be permitted in a SF-84 District, when granted in accordance with Section 37 of the City of Anna Zoning Ordinance: s. Public, parochial, and private schools and colleges offering courses of general instruction and including convents, monasteries, dormitories, and other related living structures when located on the same site as the school or college. t. Churches, synagogues, chapels, and similar places of religions worship and instruction of a quiet nature when located in a substantial structure. u. Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this part for dwellings and have a landscaped or masonry barrier on all sides. Building shall conform to all space limits of this zone and shall be of such exterior designs to harmonize with nearby properties. 13 v. Public and quasi -public buildings for cultural use. w. Country clubs as defined herein. x. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance. 4. Plan Requirements: Except as otherwise specifically authorized in the City of Anna Subdivision Regulations, no building permit or Floodplain Development Permit shall be issued by the City for any parcel of land until a Final Plat — or Development Plat, as applicable — of the land has been recorded. 5. Height Regulations: No building shall exceed thirty-five feet (35'). 6. Area Regulations: The following minimum standards shall be required as measured from property lines: Lot Size: Lot Coverage: Building Size: Front Yard: Rear Yard: Side Yard, Interior: Side Yard, Corner Lot, Street Side: Lot Width: 15,000 square feet The combined area covered by all main buildings and accessory structures shall not exceed fifty percent (50%) of the total lot area. The minimum square footage of a dwelling unit, shall be two thousand (2,000) St. 20 feet minimum 15 feet minimum (the required Rear Yard shall be open and unobstructed to the sky from a point 30 inches above the average elevation of the Graded Rear Yard, except for Accessory Buildings as permitted herein. Eaves, covered porches, and roof extensions without structural support in the Rear Yard may extend into the rear yard a distance Bal Re conies shall not a Yard.) 5 feet minimum not to exceed four feet. project into the required 15 feet minimum (45 feet where adjacent to single Family or duplex residential District) 100 feet minimum; (measured at the front building line) I� Lot Depth: 150 feet minimum Masonry (Brick or rock veneer): 80% 7. Parking Regulations: Two enclosed spaces behind the Front Yard line for single- family Dwelling Units and HUD Code manufactured homes. Other off -Street parking regulations are set forth in Section 38 of the City of Anna Zoning Ordinance. 8. Sims: Signs in this District shall comply with the requirements of the City of Anna Sign Ordinance (as amended). TABLE NO.3-1 Land Use Summary LAND USE SUMMARY USE ACREAGE +/- SF LOTS SF DENSITY (UNITS/ACRE) PERCENTAGE SINGLE FAMILY RESIDENTIAL'PD-XX' - 50% MAXIMUM LOT COVERAGE 70' x 120' LOTS 84.07 365 4.34 51.4% 80' x 120' LOTS 45.32 185 4.08 273 90' x 120' LOTS 14.61 55 3.76 8.9% 100' x 150' LOTS 1930 49 2.49 12.0% TOTAL 163.7 654 1 4.00 1 44.5 % OPEN SPACE 148.7 40.4% FIRE STATION 2.5 03% AMENITY CENTER 2.0 0.5% ROW DEDICATION 51.3 13.9% TOTAL 368.2 654 1.76 GROSS 100.0% IV. DEVELOPMENT AND DESIGN STANDARDS A. Accessory Buildings: All development within The Villages of Hurricane Creek Planned Development District shall comply with Section 35 of the City of Anna Zoning Ordinance in effect at the time of City Council approval of this ordinance. Nothing in this ordinance shall be construed as preventing any Architectural Control Committee with jurisdiction over any neighborhood from further restricting permission, location, and type of any accessory structure. 15 B. Screening and Fences: All development within The Villages of Hurricane Creek Planned Development District shall comply with Section 40 of the City of Anna Zoning Ordinance in effect at the time of City Council approval of this ordinance C. Landscape Standards: All development within The Villages of Hurricane Creek Planned Development District shall comply with the City of Anna Code of Ordinance Part III-E (Landscape Regulations) in effect at the time of City Council approval of this ordinance. 1. Tree Requirements: For all single-family and duplex parcels, builders shall be required to plant two large trees (minimum of three-inch caliper and seven feet high at time of planting) per lot prior to obtaining a certificate of occupancy. At least one of the trees shall be located in the front yard. Existing quality trees of at least three- inch caliper size located on the lot shall count to meet this standard if appropriate tree protection measures have been followed. (Ord. No. 56-2003, adopted 211112003) Requirements for single family residential and duplex lots three-inch caliper trees selected from the Large Tree list in the City of Anna Landscape Regulations shall be planted on all single family residential, duplex, and town home lots. At least one of the trees must be placed in the front yard of the lot. Single Family Residential (SF-84) requires 3 trees. The following are approved large trees: Caddo Maple Pecan Shagbark Hickory DeodarCedar Texas Persimmon Black Walnut Eastern Black Walnut Red Cedar Eastern Red Cedar Sweetgum Southern Magnolia Chinese Pistachio Texas Pistache Bur Oak Chinquapin Oak Shumard Oak Texas Red Oak Live Oak Western Soapberry Bald Cypress Winged Elm American Elm Cedar Elm Chinese Elm Lace Bark Elm Siberian Elm 16 D. Off -Street Parking Requirements: All development within The Villages of Hurricane Creek Planned Development District shall comply with Section 38 of the City of Anna Zoning Ordinance. E. Residential Architectural Standards: 1) House repetition. a. 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. b. Homes side by side or across the street within one house (directly across the street or "caddy corner" across the street) shall not have substantially identical exterior elevations. 2) Building Articulation. At least four facade articulation techniques are required on each single family home to add architectural variety and interest to a building. The following features shall be acceptable techniques of exterior articulation. a. 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. b. Horizontal banding continuing the length of the wall that faces a street, or other similar highly visible areas. c. The use of both stone and brick on the front elevations with a minimum of ten percent coverage of one of the elements. d. Front porch of at least 50 square feet. e. The installation of at least two (2) coach lights. f. Other techniques for Building Articulation can be substituted if administratively approved by the Administrative Official. 3) Roofs. a. 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". b. 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, wood shingles, wood shakes or 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 circumstances shall three -tab shingles be used as roofing material. 4) Garages. Garages may be front facing or J Swing type. 17 5) Fenestration. a. 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. b. Windows shall be in harmony with and proportionate to the rest of the structure. c. 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 6) Masonry Content. a. 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. b. 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. c. 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. 7) Exceptions to the Residential Architectural Standards occur after application and review by the Planning approval by the City Council by Specific Use Permit. (Ord. No. 597-2012, adopted 1012312012) in this section may be only and Zoning Commission and IZ V. DEVELOPMENT SCHEDULE Date Total Lots 2016 250 2017 300 2018 375 2019 450 2020 550 2021 654 Home construction anticipated through the end of 2021. Section 3. Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4. Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree A any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. 19 Section 5. Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6. Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this day of 2014. ATTESTED: APPROVED: Natha Wilkison, City Secretary Mike Crist, Mayor EXHIBIT"A" LEGAL DESCRIPTION BEING all that certain tract of land situated in then Joseph Boyle Survey, Abstract Number 105, the John Coffman Survey, Abstract Number 197 the J. M. Kincade Survey, Abstract Number 509 J. W. Mitchel Survey, Abstract Number 565 the W. Rattan Survey, Abstract Number 752 and the T. Rattan Survey, Abstract Number 785, Collin County, Texas and being all of a called 262.41 acre tract as described by deed to Villages of Hurricane Creek, LP recorded in Volume 5430, Page 9864 of County Records, Collin County, Texas and being part of a called 114.252 acre of land described by deed to Don Collins, et al recorded in Volume 5257, Page 4877 of said County Records and being more particularly described by metes and bounds as follows: BEGINNING at the southeast corner of said 262.41 acre tract, in the west line of said 114.252 acre tract: THENCE S 89°54'24"W, 2687.84 feet; THENCE N 00°04'27"W, 387.21 feet; THENCE N 89°58'14"W, 849.21 feet; THENCE N 03°33'44"E, 1188.00 feet; THENCE N 88°26'26"W, 365.15 feet; THENCE N 23°08'27"W, 67.47 feet; THENCE N 02°48'15"E, 1930.31 feet; THENCE N 89°52'S5"E, 465.63 feet; THENCE N 8901513211E, 742.56 feet; THENCE S 90°00'00"E, 1755.97 feet to the northeast corner of said 262.41 acre tract of land and being the northwest corner of said 114.252 acre tract; THENCE N 89011'00"E, 794.06 feet; THENCE S 00°10'57"W, 232.18 feet; THENCE N 89056112"E, 1184.36 feet; THENCE S 01006139"E, 55.96 feet to the beginning of a curve to the right; THENCE with said curve to the right, an arc distance of 205.39 feet, through a central angle of 16°48'41", having a radius of 700.00 feet, the long chord which bears S 07°17'41"W, 204.65 feet; 21 THENCE S 15°4202W, 121.60 feet; THENCE with said curve to the left, an arc distance of 205.39 feet, through a central angle of 16°48'41", having a radius of 700.00 feet, the long chord which bears S 07°17'41"W, 204.65 feet; THENCE S 01°06'39"E, 201.55 feet; THENCE with said curve to the right, an arc distance of 116.43 feet, through a central angle of 09°31'48", having a radius of 699.99 feet, the long chord which bears S 03°39'15"W, 116.30 feet; THENCE S 08°25'09"W, 393.86 feet; THENCE with said curve to the left, an arc distance of 101.69 feet, through a central angle of 08°19'23", having a radius of 700.03 feet, the long chord which bears S 04°15'28"W, 101.60 feet; THENCE S 00°05'44"W, 1035.62 feet; THENCE with said curve to the right, an arc distance of 530.61 feet, through a central angle of 43°25'S2", having a radius of 700.00 feet, the long chord which bears S 21°48'40"W, 518.00 feet; THENCE S 43°31'37"W, 241.38 feet; THENCE with said curve to the right, an arc distance of 25.41 feet, through a central angle of 00°02'48", having a radius of 400.00 feet, the long chord which bears S 43°4002W, 25.41 feet; THENCE N 89°441S0"W, 655.06 feet; THENCE S 00°56'11"E, 265.80 feet to the Point of Beginning and containing 16,037,378 square feet or 368.2 acres of land more or less. �iJ EXHIBIT "B" C�iP►[�T�l� »e1► 23 ti 5 _ r i E .i� `t . s 0 0a � 4 b �t N CITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located on the north side of FM 455 and west of U.S. 75) ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("City") has previously. adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a requested zoning change on Property described in Exhibit A and Exhibit B ("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located on the north side of FM 455 and west of U.S. 75 being rezoned from "PD - Single Family Residential" zoning district to "PD- Single Family Residential (PD) zoning; and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna ("City Council") have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2. Zoning Change The Comprehensive Plan of the City and City of Anna Ordinance No. 116-2003 as amended and codified as Part III-C of The Anna City Code of Ordinances are hereby amended by changing the zoning of the Property described in Exhibit A from PD - Single Family Residential to PD — Single Family Residential zoning. 1 A. Purpose and Intent: This zoning submittal addresses the disposition of approximately 368 total acres of land within the City of Anna more fully described on the legal description attached as Exhibit A (the "Property") and depicted on Exhibit Be The uses proposed for the Property follow the intent of the City of Anna Comprehensive Plan dated March 2010. It is the intent of the Planned Development (PD) to offer greater flexibility for residential development. The purpose of the district is to create a master planned community featuring a mixture of housing types in a manner that will encourage sustainable neighborhoods and attract investment to the area. 1. The purpose of this district is: a. To provide development and land use flexibility within the framework of a Planned Development zoning district. 2. The intent of this district is: a. To design streets and buildings which will contribute to creating safe neighborhoods. b. To provide an attractive environment for pedestrians which includes such things as buildings framing public space, street trees, lighting and canopies that will attract pedestrians. c. To contribute to the definition and use of public parks, ball fields and walking trails. d. Integrated parks and open space to preserve areas designated within the 100-year floodplain. This will protect existing stream corridors and other physical assets as amenities. 3. The Villages of Hurricane Creek PD is intended to provide the community with a mixture of housing types in a pattern and amount that will encourage sustainable neighborhoods and development. 4. The Villages of Hurricane Creek Concept Plan delineates the boundaries of the respective neighborhood areas (Exhibit B). The Development Standards shall apply to the entire Villages of Hurricane Creek District unless indicated otherwise. Housing mix, street types, building types and frontage standards for any particular area shall be controlled by the neighborhood areas delineated on the plan. B. Applicability: This Ordinance shall apply to all development within the PD boundaries. Unless otherwise stated herein, all ordinances of the City shall apply to The Villages of Hurricane Creek. II. DEFINITIONS Accessory Building or Use: (a) is subordinate to and serves a principal Building or principal Use; (b) is subordinate in area, extent, or purpose to the principal Building or principal Use served and is not physically connected to the principal Building; (c) contributes to the comfort, convenience and necessity of occupants of the principal Building or principal Use served; and (d) 2 is located on the same Building Lot as the principal Use served. If connected to the principal Building, a structure becomes part of the principal Building. Block: Property abutting on one side of the Street and lying between the nearest intersecting or intercepting Streets or nearest intercepting Street and railroad right-of-way, waterway, or other barrier to or gap in the continuity of development along such Street. Building: Any structure built for the support, shelter, or enclosure of persons, chattels, or movable property of any kind. When such structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate Building, except as regards minimum side yards. Building Line: Aline parallel or approximately parallel to the Street line at a specific distance there from marking the minimum distance from the Street line that a Building may be erected. Court: An open, unoccupied space on the same Lot with a Building and bounded on two sides by such Building, or the Open Space provided for access to a dwelling group. District: A portion of the territory of the city within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Part of the Code. The term "residential District" means any SF-E, SF4, SF-84, SF-72, SF-60, SF-2, SF-Z, SF- TH, MH, or MF District; the term "commercial District" means any C-1, NC, C-2, C-3 or 0-1 District. Dwelling Unit: A room or a group of rooms including cooking accommodations, occupied by one Family, and in which not more than two persons, other than members of the Family, are lodged or boarded for compensation at any one time. Dwelling Unit, Single -Family: Detached means located on a Lot or separate Building tract and having no physical connection to a Building on any other Lot. Flood Plain: The land adjoining the channel of a river, stream, or watercourse that has been or may be covered by floodwater. Any land covered by the water of a 100 year frequency storm is considered in the Flood Plain and must comply with the engineering criteria found in the subdivision regulations and other relevant regulations of the City. Frontage: All the property abutting on one side of a Street between intersecting or intercepting Streets, or between a Street and aright -of -way, waterway, end of a dead-end Street, or village boundary measured along the Street line. An intercepting Street shall determine only the boundary of the Frontage on the side of the Street which it shall determine only the boundary of the Frontage on the side of the Street which it intercepts. Where a Lot abuts more than one Street, the planning and zoning commission shall determine the Frontage for purposes of the Part of the Code. Land Use Plan: The long-range plan for the desirable use of land in the City of Anna as officially adopted and as amended from time to time by the City Council, the purpose of such plan being, among other things, to serve as a guide in the zoning and progressive changes in the zoning of land to meet the changing needs, in the subdivision and Use of undeveloped land, and in the 3 acquisition of rights -of -way or sites for public purposes such as Streets, parks, schools and public Buildings. Lot: The entire parcel of land occupied or to be occupied by a main Bung and its Accessory Buildings, or by a group such as a dwelling group or automobile Court and their Accessory Buildings, including the yards and Open Spaces required therefore by this title and other applicable law. Lot, Corner: A Lot abutting on two intercepting or intersecting Streets where the interior angle of intersection or interception does not exceed 135°. Lot Coverage: The percentage of the total area of a Lot occupied by the base (first Story or floor) of Buildings located on the Lot. Lot, Interior: A Lot other than a corner Lot. Lot, Lines: The property lines bounding the Lot as defined herein. Lot, Through: A Lot having its front and rear on different Streets, or having its front or rear line on a Street and the other line on a river, lake, creek or other permanent body of water. Lot Depth: The average depth from the front line of the Lot to the rear line of the Lot. Lot Width: The width measured at a distance back from the front line equal to the minimum depth required for a Front Yard. Lot of Record: A Lot, which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk of Collin County, or a parcel of land, the deed for which was recorded in the Office of the County Clerk, Collin County, prior to January 1, 1986. Main Building: A Building in which is conducted principal Use of the Lot on which it is situated. Open Space: That part of any Lot or tract that is used for recreational purposes, both passive and active, but not including areas used for parking or maneuvering of automobiles, or drives or approaches to and from parking areas, Floodplains, or 100% of any standing surface water, may be considered as Open Space, provided such Open Space is contiguous and part of the platted Lot and is maintained and utilized in the same manner and to the same degree as all other Open Space areas as is designated on the site plan as filed with the building permit application. Planned Development: Land under unified control, including developed as a whole; in a single development operation or a definitely programmed series of development operations, including all lands and Buildings; for principal and accessory structures and uses substantially related to the character of the District; according to comprehensive and detailed plans which include not only Streets, utilities, and Lots or Buildings sites, but also site plans, floor plans, and elevations of all Buildings as intended be located, constructed, used and related to each other, and detailed plans for other uses and improvements on the land as related to the Buildings; and with a program for provision, operation and maintenance of such areas, improvements, facilities, and services as will be for common Use by some or all of the occupants of the District, but will not be provided, operated, or maintained at general public expense. Planned Development is both a concept and a zoning classification which may include, in addition to planned unit development, commercial, shopping center, and industrial uses or combination thereof, which may be intended to serve areas within the District and areas wI thout the District. Rear Yard: The required Rear Yard is an Open Space unoccupied and unobstructed except for Accessory Uses extending across the rear of a Lot from one side Lot line to the other side Lot line, the depth of which is dependent upon the zoning District in which the Lot is located. Screening Element (Device): A barrier of permanent material of sufficient heights and density so that the objects being screened are not visible from any point on the Lot line when viewed from any height between ground level and seven feet above ground level and shall mean any of the following: (a) Any solid material constructed of brick, Masonry, or of a concrete or metal frame, or wood or base which supports a permanent type material, the vertical surface of which is not more than 30% open; (b) Any dense evergreen hedge or plant material suitable for providing a visual barrier, for which such material shall be maintained in a healthy growing condition; or (c) Landscaped earth berms may, when appropriate in scale, be considered and used as a Screening Element in lieu of a fence, wall, hedge, or other dense planting material. Street: A public or private thoroughfare which affords the principal means of access to abutting property. The Villages of Hurricane Creek Concept Plan (Exhibit B): The graphic plan for The Villages of Hurricane Creek that establishes and delineates the respective PD sub -districts such as the Village Center and other Neighborhoods. Thoroughfare: An officially designated federal or state numbered highway or county or other road or Street designated as a primary thoroughfare on the official Thoroughfare Plan of the City of Anna. Thoroughfare Plan: The official Thoroughfare Plan of the City of Anna adopted by the City Council establishing the location and official right-of-way width of principal highways and Streets in the city, together with all amendments thereto subsequently adopted. Use: The purpose for which land or a Building or structure thereon is designed, arranged intended or maintained or for which it is or may be used or occupied. This definition does not alter or affect the definition of Nonconforming Use as set forth in Section 39.01 of the Part. (Ord. No. 457-2009, adopted 08125109) Use, Accessory: A subordinate Use on the same Lot with the principal Use and incidental and accessory thereto. Yard: An Open Space, other than a Court, on the same Lot with a Building. E Yard, From.: A yard extending across the full width of a Lot and having a depth equal to the shortest distance between the front line of the Lot and the nearest portion of the main Buildings including an enclosed or covered porch, provided that the Front Yard depth shall be measured from the future Street line for a Street on which a Lot fronts, when such line is shown on the official map or is otherwise established. Yard, Rear: A yard extending across the full width of a Lot and having a depth equal to the shortest distance between the rear line of the Lot and the main Building. Yard, Side: A yard between the side line of the Lot and the main Building extending from the Front Yard to the Rear Yard and leaving a width equal to the shortest distance between said side line and the main Building. Zoning Map: The official Zoning Map of the City of Anna together with all amendments subsequently adopted. *Rules for Words and Phrases: For the purposes of the City of Anna Zoning Ordinance, words used in the present tense include the future tense; words in the singular number include the plural number, and words in the plural number include the singular number; the word "shall" is mandatory, not directory; the word "may" is permissive; the word "person" includes a firm, association, organization, partnership, trust, foundation, company, or corporation as well as an individual; the word "used" includes designed and intended or arranged to be used; the word "Building" includes the word "structure"; the word "Lot" includes "Building Lot" or parcel. Wherever the City of Anna Zoning Ordinance imposes a greater restriction than imposed by other ordinances, laws, or regulations, the provisions of the City of Anna Zoning Ordinance shall WWWM I11. LOT TYPE REGULATIONS The Villages of Hurricane Creek will include a specific lot type in order to achieve the goals established for the district. The lot type and requirement shall be as follows: A. Lot Type SF-84 (70' x 120'): 1. Purpose: The SF-84 Single Family .Residential District is designed to accommodate Single Family Residential development on relatively ample Lots. The District can be appropriately located in proximity to agricultural and Single Family Residential Uses. 2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The Permitted Uses are as follows: a. Single family dwelling, detached; b. Community center (public and private); C� c. Park, playground, or recreational center (public and private); d. School, public (primary and/or secondary); and e. Swimming pool (private) 3. Specific Use Permit: The following specific uses shall be permitted in a SF-84 District, when granted in accordance with Section 37 of the City of Anna Zoning Ordinance: a. Public, parochial, and private schools and colleges offering courses of general instruction and including convents, monasteries, dormitories, and other related living structures when located on the same site as the school or college. b. Churches, synagogues, chapels, and similar places of religions worship and instruction of a quiet nature when located in a substantial structure. c. Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this part for dwellings and have a landscaped or masonry barrier on all sides. Building shall conform to all space limits of this zone and shall be of such exterior designs to harmonize with nearby properties. d. Public and quasi -public buildings for cultural use. e. Country clubs as defined herein. f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance. 4. Plan Requirements: Except as otherwise specifically authorized in the City of Anna Subdivision Regulations, no building permit or Floodplain Development Permit shall be issued by the City for any parcel of land until a Final Plat — or Development Plat, as applicable — of the land has been recorded. 5. Height Regulations: No building shall exceed thirty-five feet (35'). 6. Area Regulations: The following minimum standards shall be required as measured from property lines: Lot Size: 8,400 square feet 7 Lot Coverage. The combined area covered by all main buildings and accessory structures shall not exceed fifty percent (50%) of the total lot area. Building Size: The minimum square footage of a dwelling unit, shall be two thousand (2,000) sf. Front Yard: 20 feet minimum Rear Yard: 15 feet minimum (the required Rear Yard shall be open and unobstructed to the sky from a point 30 inches above the average elevation of the Graded Rear Yard, except for Accessory Buildings as permitted herein. Eaves, covered porches, and roof extensions without structural support in the Rear Yard may extend into the rear yard a distance not to exceed four feet. Balconies shall not project into the required Rear Yard.) Side Yard, Interior: 5 feet minimum Side Yard, Corner Lot, Street Side: 15 feet minimum (45 feet where adjacent to single Family or duplex residential District) Lot Width: 70 feet minimum; (measured at the front building line) Lot Depth: 120 feet minimum Masonry (Brick or rock veneer): 80% 7. Parking Regulations: Two enclosed spaces behind the Front Yard line for single- family Dwelling Units and HUD Code manufactured homes. Other off -Street parking regulations are set forth in Section 38 of the City of Anna Zoning Ordinance. 8. Signs: Signs in this District shall comply with the requirements of the City of Anna Sign Ordinance (as amended). Lot Type SF-84 (80' x 120'): 1. Purpose: The SF-8Single Family Residential District is designed to accommodate Single Family Residential development on relatively ample Lots. The District can be appropriately located in proximity to agricultural and Single Family Residential Uses. '3 2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The Permitted Uses are as follows: a. Single family dwelling, detached; b. Community center (public and private); c. Park, playground, or recreational center (public and private); d. School, public (primary and/or secondary); and e. Swimming pool (private) 3. Specific Use Permit: The following specific uses shall be permitted in a SF-84 District, when granted in accordance with Section 37 of the City of Anna Zoning Ordinance: a. Public, parochial, and private schools and colleges offering courses of general instruction and including convents, monasteries, dormitories, and other related living structures when located on the same site as the school or college. b. Churches, synagogues, chapels, and similar places of religions worship and instruction of a quiet nature when located in a substantial structure. c. Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this part for dwellings and have a landscaped or masonry barrier on all sides. Building shall conform to all space limits of this zone and shall be of such exterior designs to harmonize with nearby properties. d. Public and quasi -public buildings for cultural use. e. Country clubs as defined herein. f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance. 4. Plan Requirements: Except as otherwise specifically authorized Anna Subdivision Regulations, no building permit or Floodplain 5. Height Regulations: No building shall exceed thirty-five feet (35'). in the City 6. Area Regulations: The following minimum standards shall be required as measured from property lines: Lot Size: 9,600 square feet Lot Coverage: The combined area covered by all main buildings and accessory structures shall not exceed fifty percent (50%) of the total lot area. Building Size: The minimum square footage of a dwelling unit, shall be two thousand (2,000) sf. Front Yard: 20 feet minimum Rear Yard: 15 feet minimum (the required Rear Yard shall be open and unobstructed to the sky from a point 30 inches above the average elevation of the Graded Rear Yard, except for Accessory Buildings as permitted herein. Eaves, covered porches, and roof extensions without structural support in the Rear Yard may extend into the rear yard a distance not to exceed four feet. Balconies shall not project into the required Rear Yard.) Side Yard, Interior: 5 feet minimum Side Yard, Corner Lot, Street Side: 15 feet minimum (45 feet where adjacent to single Family or duplex residential District) Lot Width: 80 feet minimum; (measured at the front building line) Lot Depth: 120 feet minimum Masonry (Brick or rock veneer): 80% 7. Parking Regulations: Two enclosed spaces behind the Front Yard line for single- family Dwelling Units and HUD Code manufactured homes. Other off -Street parking regulations are set forth in Section 38 of the City of Anna Zoning Ordinance. 8. Sims: Signs in this District shall comply with the requirements of the City of Anna Sign Ordinance (as amended). 10 C. Lot Type SF-84 (90' x 120'): 1. Purpose: The SF-84 Single Family Residential District is designed to accommodate Single Family Residential development on relatively ample Lots. The District can be appropriately located in proximity to agricultural and Single Family Residential Uses. 2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The Permitted Uses are as follows: a. Single family dwelling, detached; b. Community center (public and private); c. Park, playground, or recreational center (public and private); d. School, public (primary and/or secondary); and e. Swimming pool (private) 3. Specific Use Permit: The following specific uses shall be permitted in a SF-84 District, when granted in accordance with Section 37 of the City of Anna Zoning Ordinance: a. Public, parochial, and private schools and colleges offering courses of general instruction and including convents, monasteries, dormitories, and other related living structures when located on the same site as the school or college. b. Churches, synagogues, chapels, and similar places of religions worship and instruction of a quiet nature when located in a substantial structure. c. Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this part for dwellings and have a landscaped or masonry barrier on all sides. Building shall conform to all space limits of this zone and shall be of such exterior designs to harmonize with nearby properties. d. Public and quasi -public buildings for cultural use. e. Country clubs as defined herein. f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance. 11 4. Plan Requirements: Except as otherwise specifically authorized in the City of Anna Subdivision Regulations, no building permit or Floodplain Development Permit shall be issued by the City for any parcel of land until a Final Plat — or Development Plat, as applicable — of the land has been recorded. 5 7 Height Regulations: No building shall exceed thirty-five feet (35'). Area Regulations: The following minimum standards shall be required as measured from property lines: Lot Size: 10,800 square feet Lot Coverage: The combined area covered by all main buildings and accessory structures shall not exceed fifty percent (50%) of the total lot area. Building Size: The minimum square footage of a dwelling unit, shall be two thousand (2,000) sf. Front Yard: 20 feet minimum Rear Yard: 15 feet minimum (the required Rear Yard shall be open and unobstructed to the sky from a point 30 inches above the average elevation of the Graded Rear Yard, except for Accessory Buildings as permitted herein. Eaves, covered porches, and roof extensions without structural support in the Rear Yard may extend into the rear yard a distance not to exceed four feet. Balconies shall not project into the required Rear Yard.) Side Yard, Interior: 5 feet minimum Side Yard, Corner Lot, Street Side: 15 feet minimum (45 feet where adjacent to single Family or duplex residential District) Lot Width: 90 feet minimum; (measured at the front building line) Lot Depth: 120 feet minimum Masonry (Brick or rock veneer): 80% Parking Regulations: Two enclosed spaces behind the Front Yard line for single- family Dwelling Units and HUD Code manufactured homes. Other off -Street 12 parking regulations are set forth in Section 38 of the City of Anna Zoning Ordinance. 8. Sims: Signs in this District shall comply with the requirements of the City of Anna Sign Ordinance (as amended). D. Lot Tvpe SF-84 (100' x 150'): 1. Purpose: The SF-84 Single Family Residential District is designed to accommodate Single Family Residential development on relatively ample Lots. The District can be appropriately located in proximity to agricultural and Single Family Residential Uses. 2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The Permitted Uses are as follows: a. Single family dwelling, detached; b. Community center (public and private); c. Park, playground, or recreational center (public and private); d. School, public (primary and/or secondary); and e. Swimming pool (private) 3. Specific Use Permit: The following specific uses shall be permitted in a SF-84 District, when granted in accordance with Section 37 of the City of Anna Zoning Ordinance: a. Public, parochial, and private schools and colleges offering courses of general instruction and including convents, monasteries, dormitories, and other related living structures when located on the same site as the school or college. b. Churches, synagogues, chapels, and similar places of religions worship and instruction of a quiet nature when located in a substantial structure. c. Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this part for dwellings and have a landscaped or masonry barrier on all sides. Building shall conform to all space limits of this zone and shall be of such exterior designs to harmonize with nearby properties. )3 d. Public and quasi -public buildings for cultural use. e. Country clubs as defined herein. f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance. 4. Plan Requirements: Except as otherwise specifically authorized in the City of Anna Subdivision Regulations, no building permit or Floodplain Development Permit shall be issued by the City for any parcel of land until a Final Plat — or Development Plat, as applicable — of the land has been recorded. 5. Height Regulations: No building shall exceed thirty-five feet (35'). 6. Area Regulations: The following minimum standards shall be required as measured from property lines: Lot Size: 15,000 square feet Lot Coverage: The combined area covered by all main buildings and accessory structures shall not exceed fifty percent (50%) of the total lot area. Building Size: The minimum square footage of a dwelling unit, shall be two thousand (2,000) sf. Front Yard: 20 feet minimum Rear Yard: 15 feet minimum (the required Rear Yard shall be open and unobstructed to the sky from a point 30 inches above the average elevation of the Graded Rear Yard, except for Accessory Buildings as permitted herein. Eaves, covered porches, and roof extensions without structural support in the Rear Yard may extend into the rear yard a distance not to exceed four feet. Balconies shall not project into the required Rear Yard.) Side Yard, Interior: Side Yard, Corner Lot, Street Side: Lot Width: 5 feet minimum 15 feet minimum (45 feet where adjacent to single Family or duplex residential District) 100 feet minimum; (measured at the front building line) Lot Depth: 150 feet minimum Masonry (Brick or rock veneer): 80% 7. Parkine Re5ulations: Two enclosed spaces behind the Front Yard line for single- family Dwelling Units and HUD Code manufactured homes. Other off -Street parking regulations are set forth in Section 38 of the City of Anna Zoning Ordinance. 8. Signs: Signs in this District shall comply with the requirements of the City of Anna Sign Ordinance (as amended). TABLE NO.3-1 Land Use Summary LAND USE SUMMARY USE ACREAGE +/= SF LOTS SF DENSITY (UNITS/ACRE) PERCENTAGE SINGLE FAMILY RESIDENTIAL'PD-XX' - 50% MAXIMUM LOT COVERAGE 70' x 120' LOTS 84.07 365 4.34 51.4% 80' x 120' LOTS 45.32 185 4.08 273 90' x 120' LOTS 14.61 55 3.76 8.9% 100' x 150' LOTS 1930 49 2.49 12.0% TOTAL 163.7 1 654 1 4.00 44.5% OPEN SPACE 148.7 1 1 40.4% FIRE STATION 2.5 03% AMENITY CENTER 2.0 0.5% ROW DEDICATION 51.3 13.9% TOTAL 368.2 654 1.76 GROSS 100.0% IV. DEVELOPMENT AND DESIGN STANDARDS A. Accessory Buildings: All development within The Villages of Hurricane Creek Planned Development District shall comply with Section 35 of the City of Anna Zoning Ordinance in effect at the time of City Council approval of this ordinance. Nothing in this ordinance shall be construed as preventing any Architectural Control Committee with jurisdiction over any neighborhood from further restricting permission, location, and type of any accessory structure. 15 B. Screening and Fences: All development within The Villages of Hurricane Creek Planned Development District shall comply with Section 40 of the City of Anna Zoning Ordinance in effect at the time of City Council approval of this ordinance C. Landscape Standards: All development within The Villages of Hurricane Creek Planned Development District shall comply with the City of Anna Code of Ordinance Part III-E (Landscape Regulations) in effect at the time of City Council approval of this ordinance. 1. Tree Requirements: For all single-family and duplex parcels, builders shall be required to plant two large trees (minimum of three-inch caliper and seven feet high at time of planting) per lot prior to obtaining a certificate of occupancy. At least one of the trees shall be located in the front yard. Existing quality trees of at least three- inch caliper size located on the lot shall count to meet this standard if appropriate tree protection measures have been followed. (Ord. No. 5&2003, adopted 211112003) Requirements for single family residential and duplex lots three-inch caliper trees selected from the Large Tree list in the City of Anna Landscape Regulations shall be planted on all single family residential, duplex, and town home lots. At least one of the trees must be placed in the front yard of the lot. Single Family Residential (SF-84) requires 3 trees. The following are approved large trees: Caddo Maple Pecan Shagbark Hickory DeodarCedar Texas Persimmon Black Walnut Eastern Black Walnut Red Cedar Eastern Red Cedar Sweetgum Southern Magnolia Chinese Pistachio Texas Pistache Bur Oak Chinquapin Oak Shumard Oak Texas Red Oak Live Oak Western Soapberry Bald Cypress Winged Elm American Elm Cedar Elm Chinese Elm Lace Bark Elm Siberian Elm 16 D. Off -Street Parking Requirements: All development within The Villages of Hurricane Creek Planned Development District shall comply with Section 38 of the City of Anna Zoning Ordinance. E. Residential Architectural Standards: 1) House repetition. a. 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. b. Homes side by side or across the street within one house (directly across the street or "caddy corner" across the street) shall not have substantially identical exterior elevations. 2) Building Articulation. At least four facade articulation techniques are required on each single family home to add architectural variety and interest to a building. The following features shall be acceptable techniques of exterior articulation. a. 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. b. Horizontal banding continuing the length of the wall that faces a street, or other similar highly visible areas. c. The use of both stone and brick on the front elevations with a minimum of ten percent coverage of one of the elements. d. Front porch of at least 50 square feet. e. The installation of at least two (2) coach lights. f. Other techniques for Building Articulation can be substituted if administratively approved by the Administrative Official. 3) Roofs. a. 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". b. 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, wood shingles, wood shakes or 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 circumstances shall three -tab shingles be used as roofing material. 4) Garages. Garages may be front facing or 1 Swing type. 17 5) Fenestration. a. 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. b. Windows shall be in harmony with and proportionate to the rest of the structure. c. 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 6) Masonry Content. a. 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. b. 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. c. 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. 7) 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. (Ord. No. 597-2012, adopted 1012312012) V. DEVELOPMENT SCHEDULE Date Total Lots 2016 250 2017 300 2018 375 2019 450 2020 550 2021 654 Home construction anticipated through the end of 2021. Section 3. Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4. Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Section 5. Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6. Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this day of 2014. ATTESTED: Natha Wilkison, City Secretary APPROVED: Mike Crist, Mayor EXHIBIT "A" LEGAL DESCRIPTION BEING all that certain tract of land situated in then Joseph Boyle Survey, Abstract Number 105, the John Coffman Survey, Abstract Number 197 the J. M. Kincade Survey, Abstract Number 509 J. W. Mitchel Survey, Abstract Number 565 the W. Rattan Survey, Abstract Number 752 and the T. Rattan Survey, Abstract Number 785, Collin County, Texas and being all of a called 262.41 acre tract as described by deed to Villages of Hurricane Creek, LP recorded in Volume 5430, Page 9864 of County Records, Collin County, Texas and being part of a called 114.252 acre of land described by deed to Don Collins, et al recorded in Volume 5257, Page 4877 of said County Records and being more particularly described by metes and bounds as follows: BEGINNING at the southeast corner of said 262.41 acre tract, in the west line of said 114.252 acre tract: THENCE S 89°54'24"W, 2687.84 feet; THENCE N 00°04'27"W, 387.21 feet; THENCE N 89°58'14"W, 849.21 feet; THENCE N 03°33'44"E, 1188.00 feet; THENCE N 88°26'26"W, 365.15 feet; THENCE N 23°08'27"W, 67.47 feet; THENCE N 02048115"E, 1930.31 feet; THENCE N 890521S5"E, 465.63 feet; THENCE N 89015132"E, 742.56 feet; THENCE S 90°00'00"E, 1755.97 feet to the northeast corner of said 262.41 acre tract of land and being the northwest corner of said 114.252 acre tract; THENCE N 89011100"E, 794.06 feet; THENCE S 00°10'57"W, 232.18 feet; THENCE N 89056'12"E, 1184.36 feet; THENCE S 01006'39"E, 55.96 feet to the beginning of a curve to the right; THENCE with said curve to the right, an arc distance of 205.39 feet, through a central angle of 16°48'41", having a radius of 700.00 feet, the long chord which bears S 07°17'41"W, 204.65 feet; 21 THENCE S 15°4202W, 121.60 feet; THENCE with said curve to the left, an arc distance of 205.39 feet, through a central angle of 16°48'41"1 having a radius of 700.00 feet, the long chord which bears S 07°17'41"W, 204.65 feet; THENCE S 01°06'39"E, 201.55 feet; THENCE with said curve to the right, an arc distance of 116.43 feet, through a central angle of 09°31'48", having a radius of 699.99 feet, the long chord which bears S 03°39'15"W, 116.30 feet; THENCE S 08°25'09"W, 393.86 feet; THENCE with said curve to the left, an arc distance of 101.69 feet, through a central angle of 08°19'23", having a radius of 700.03 feet, the long chord which bears S 04°15'28"W, 101.60 feet; THENCE S 00°05'44"W, 1035.62 feet; THENCE with said curve to the right, an arc distance of 530.61 feet, through a central angle of 43°25'52", having a radius of 700.00 feet, the long chord which bears S 21°48'40"W, 518.00 feet; THENCE S 43°31'37"W, 241.38 feet; THENCE with said curve to the right, an arc distance of 25.41 feet, through a central angle of 00°02'48", having a radius of 400.00 feet, the long chord which bears S 43°4002W, 25.41 feet; THENCE N 89°441S0"W, 655.06 feet; THENCE S 00°56'11"E, 265.80 feet to the Point of Beginning and containing 16,037,378 square feet or 368.2 acres of land more or less. 22 EXHIBIT "B" CONCEPT PLAN 23 r S p � _ F l�1:4 1 €33 i t It 4 r } 15 k' d- N ova J� LL 0012mH@ az Z I I : p �fflzowz $� � p0W.e wY °a65 s U w I U i I aacd w�'¢Wi0 wFzw3 a Wow 0= p°owww m IZJ p �mR� g X ■ z z 0 3 0807 t)z ° LLP d' ij QO�PL N Pn° o� a8 = g z U Lil ssu°wm 0. Z I r tL O 0O0zywz N 0 D ir Z hZogO GOOZ N Q W V Q O J J r � r U SL HI ed ,3o04 • �' i SP. ecYrp u mo\ 1 na '� b6Yo \V Y LvZ g y�Qa \ � � `�> Jam' �E�o ��•g N S Z v s w s � � W Z a 9`2ou I z wo =4 W g gs� Ff4yn^ Y�O ui8 d p`�. kP io�33 .ij CO K aye �p YC`a \ \ W =W❑¢m%% = 2 !` •y d N W Y F �}$d`r���� \ 3 y0� �g ru y Y O cla V w>oz G'i 3z❑Foi� y^ 5;a •�9y:� � 4 'dA {dTi aR Ce �d$ d: a m# i as a Y y !? sa a s :a sa sa a a1 > O ° at J, y Gy§o a -F. s�d E ? - p� a Fi a! a as f8 2 t, '•nYp - r :• ;€ yg , 8 $8 S g i YI V) Y Y< Y,y� ^ = i d 3 x =8 . ;R Y Y 6 tr �. Z tr a Y 3 _ $ AY R =t -� 1 ` W W S % All i C C[ K K c r 6 f a g€ f f i t i [ i a s r 6 F. L► & i " $ ?. c 8y �y Z a s: i eSe yy # ryryj ysy; s tl4 y Ci,� �€ W •••y:•:� y6 y5 y5 yy CCE y�y nn eg 5_ � 63 ?a' di, a fn" I r np' l � c� �z e 4�a E coop C S � J g k � yii7�i9i+'7' � f 1(.j J =_LL ° Ir ..—A . . a Y = Y � i a _ OP J ry 1 a CITY OF ANNA, TEXAS Item No. 8 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: October Yes 14, 2014 City Manager AGENDA SUBJECT: Public Hearing: For City Council to hear public comment regarding the creation of a Public Improvement District for the Villages of Hurricane Creek. SUMMARY: The City received a petition signed by the owners of an undeveloped tract commonly referred to as the Villages of Hurricane Creek, which is a 368.2 acre tract generally located in the city limits north of FM 455, west of Interstate Highway 75, and east of Anna's western city limits (the "Property"). The Petition requests that the City create a public improvement district ("PID") over the Property. At its August 28, 2014 special meeting the Council set a public hearing on the advisability of creating the PID. A PID is a district that can be created by a municipality under Chapter 372 of the Texas Local Government Code. The district includes a certain area of property for which public improvements are needed. When a City creates a PID, bonds can be issued to help finance public improvements that specifically benefit the district. The bonds generate some of the initial capital required for the public infrastructure, including but not limited to water, sewer, roadways, drainage, landscaping, sidewalks, parks and open space, together with the design, construction and maintenance of any ancillary structures, features or amenities such as trails, playgrounds, walkways, lighting and similar items located in the development as well as similar off -site projects that provide a benefit to the district. If created, the PID would make assessments against the owners of the Property to pay the debt service on the bonds. The assessments would initially be paid by the developer. Once the property is developed the assessments would be paid by the individual lot owners according to an assessment plan. The developer and the City's financial advisor are also in support of creating a Tax Increment Reinvestment Zone ("TIRZ") on the property as an additional means of financing public improvements. City staff has been working with Lite developer as well as the City's financial advisor and bond counsel in support of this development, which would be Anna's first new residential development west of U.S. 75. Staff is supportive of a development concept that would diversify the City's housing stock by providing higher -priced homes in a master planned community with public parks and amenities that would draw new residents to Anna. Staff will recommend the creation of a PID and a TIRZ if the developer commits to delivering the type of development that staff believes would greatly benefit the City. The subject development is slated for single-family homes and related amenities. The current owners are under contract to sell the development to an entity affiliated with Centurion American ("Centurion"). Most of Centurion's other single-family developments are in or near the Metroplex, with several being located in and/or planned for communities in Collin County including McKinney, Frisco, Prosper, Allen, and Celina. Some of Centurion's marketing materials of their single-family developments can be found here. http://centurionamerican.com/county/single-family/ City Staff and the City Attorney are currently working with the developer and the current owners of the Property in drafting a subdivision improvement agreement that would govern development of the Property and the financing of the public improvements through the PID and an overlapping TIRZ. This public hearing is on the advisability of creating the PID. Originally, it was anticipated that at this meeting the Council could consider and act on both the subdivision improvement agreement and creation of the PID. However, staff and the developer are not far enough along in the process for those action items. It is currently anticipated that the action items will be ready for one of the October Council meetings. To comply with the hearing requirements under Chapter 372, staff is recommending that the public hearing be opened tonight and that it be held over until the first meeting in October. STAFF RECOMMENDATION: A public hearing on this issue was opened on September 23 and continued until the October 14 meeting. Staff recommends that the Council reopen the public hearing on the advisability of creating the PID. Once all interested persons have had an opportunity to comment on the PID, approve a motion to suspend the public hearing and continue the public hearing on October 28, 2014 at 7:30 p.m. CITY OF ANNA, TEXAS Item No. 9 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: Yes 10/08/14 Maurice Schwanke AGENDA SUBJECT: (a) Public Hearing: For City Council to hear public comment regarding the proposed rezoning of the "Rudman 455 Property". SUMMARY: This request is to rezone approximately 41.2 acres of land located north of West White Street between the Fall subdivision to the west and West Crossing and Settlers Way to the East. This property is presently governed by a Planned Development zoning district which was approved by Council February, 2005. The current zoning on these three parcels allows for both single family and commercial development. The exhibit that follows shows the proposed Tract configuration. Ua2o AC? TRACT A iOO;(48.02 ACt) dlsty� III �F I;ill FF I'I i FF TRACT B - k ' . c49.13 ACt) 1 FI,FF 0 FF, F, Vv' TRACT E (1) rn„ TRACT E (2) 11I 1.. * 1 (10A AC4 (12A ACt) ..— j' ii :t._ f ! r �a. =x ' TRACT C�'44 E iFF t�. ,_ . The re -zoning would require larger lot sizes (7,200 sq. U. minimum versus 6,200 sq. ft. minimum) on a portion of the property and convert a portion of the commercial property to single family residential at the same standards approved for residential by the previous zoning that has currently exists on the property. The following chart shows the resulting lot sizes by tract. This development includes 3 different lot sizes for the area which addresses a goal of the Council to provide a mixture of housing options within a neighborhood. DEVELOPMENT CRITERIA MINIMUM LOT SIZE MINIMUM LOT AREA MINIMUM DWEWNG SIZE ACT A 55' X 100' 6,200 SF 1,400 SF ACT 8 50' X 100' 5,400 SF 1,300 SF ACT D 60' X 100' 7,200 SF 1,400 SF ACT E(1) 50' X 100' 51400 SF 11300 SF ACT E 2 50' X 100' 5,400 SF 1,300 SF The building materials part of the requested ordinance included the reference to allow Stucco by approval by City Council. This language was recommended to be removed by the Staff since this procedure is already prescribed with the residential standards of the City's Ordinances, The Planning and Zoning recommended approval of the zoning request at their September 8, 2014 meeting with the conditions that the stucco be removed from the zoning request. The vote was unanimous. STAFF RECOMMENDATION: The Staff is recommending approval of this request subject the Stucco Removal. This is the way the attached ordinance has been drafted. Please publish the attached in the legal section of the newspaper at the earliest possible date. Please send tear sheet, publisher's affidavit, and bill to the City of Anna. CITY OF ANNA PUBLIC HEARINGS ON ZONING CHANGES A public hearing will be conducted by the City Council of the City of Anna on Tuesday, October 14, 2014 at 7:30 p.m. at the Community Room of the Anna City Hall Administration Building located at 111 North Powell Pkwy (Hwy 5) Anna, Texas, to hear public comment regarding amendments to the City's Comprehensive Plan, the City's zoning map, and the City's Zoning Ordinance. The public hearing will respectively concern the City Council's consideration of an ordinance described as follows. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. The property is currently zoned as Planned Development as per Ordinance No. 22&2005 and 179-2005, single family residential and commercial development. The owner(s) are requesting changes to the Planned Development zoning(s) by replacing the existing Planned Development requiring larger lot sizes (single family residential) on a portion of the property and reduce the commercial property for additional residentially zoned property. The property is located north of west White Street (FM 455). Copies of the rezoning request, including a map of the property generally described above, are available for review during regular office hours at the office of the City Secretary, Anna City Hall, at 111 N. Powell Parkway, Anna, Texas. Written comments on the zoning requests/changes are welcomed and will be accepted until the time of the public hearings and may be presented at the hearings. Speakers at the hearings will be heard according to their order on a listing to be established for such purpose by the City Secretary. CITY OF MYNA, TEXAS (Property rezoned under this ordinance is generally located on the north side of FM 455 and east of the Falls Subdivision) ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS, AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and regulations governing the zoning in the City, and WHEREAS, the City has received a requested zoning change on Property described in Exhibit A and Exhibit B ("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located on the north side of FM 455 and east of the Falls Subdivision being rezoned from "PD - Single Family Residential and Commercial" zoning district to "PD- Single Family Residential (PD) zoning; and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna ("City Council") have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2. Zoning Change The Comprehensive Plan of the City and City of Anna Ordinance No. 116-2003 as amended and codified as Part 111-C of The Anna City Code of Ordinances are hereby amended by changing the zoning of the Property described in Exhibit A from PD - Single Family Residential and Commercial to PD — Single Family Residential zoning. ADDITION OF TRACTS D AND E TO ORIGINAL PD) Except as amended herein, this Planned Development shall conform to any and all applicable articles and sections of the Anna Zoning Ordinance as it presently exists or may be amended. Additionally, except as amended herein, this Planned Development shall conform to any and all applicable sections of Ordinance No. 179-2005 (Rudman F.M. 455 Property Planned Development District) as it presently exists or may be amended. 1. PLANNED DEVELOPMENT —Tract D 1.1 General Description: Tract D identified on the attached Zoning Exhibit (Exhibit B) is intended to accommodate single family residential development in the community. Development standards for Tract D are outlined within this Section. 1.2 Permitted Uses: a. The permitted uses in Tract D will be the same as those permitted in the "SF-72 Single Family Residential" zoning district. b. Residential uses as described herein. c. Parks, playgrounds and neighborhood recreation facilities including, but not limited to swimming pools, clubhouse facilities and tennis courts. d. Churches/rectories. e. Schools -public or private. f. Utility distribution lines and facilities. g. Fire stations and public safety facilities. h. Real estate sales offices during the development and marketing of the residential areas. i. Electronic security facilities including gatehouses and control counter. j. Construction Trailers associated with development for residential, retail, or commercial uses. 1.3 Building Materials: All main buildings shall have an exterior finish of stone, brick, tile, concrete, glass, exterior wood or similar materials or any combination thereof. The use of wood as an exterior building material shall be limited to a maximum of thirty (30) percent of the total exterior wall surfaces. 1.4 Single Family Homes: Single family homes shall be allowed within Tract D as illustrated on the attached Zoning Exhibit (Exhibit B). 1.5 Building and Area Requirements: The following development standards shall pertain to single family uses to be developed within Tract D: a. Lot Area: The minimum area of any lot with in Tract D shall be seven thousand two hundred (7,200) square feet. b. Minimum Dwelling Size: The minimum area of the main building shall be one thousand four hundred (1,400) square feet, exclusive of garages, breezeways and porticos. Also, a minimum of twenty-five (25) percent of the dwelling units within Tract D shall be one thousand five hundred (1,500) square feet and a minimum of fifteen (15) percent of the dwelling units within Tract D shall be one thousand six hundred (1,600) square feet. c. Lot Coverage: In no case shall more than fifty (50) percent of the total lot area be covered by the main buildings and accessory buildings. Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall not be included in determining maximum lot coverage. d. Lot Width: The minimum width of any lot shall be sixty (60) feet measured at the front building line, except for lots at the terminus of a cul-de-sac or on an elbow, which may have a width of fifty-five (55) feet at the building line, provided all other requirements of this section are fulfilled. e. Lot Depth: The minimum depth of any lot shall be one hundred (100) feet, except for lots at the terminus of a cul-de-sac, or on an elbow, which may have a minimum lot depth, measured at mid -points on front and rear lot lines, of ninety-five (95) feet.0 provided all other requirements of this section are fulfilled. f. Front Yard: The minimum depth of the front yard shall be twenty (20) feet. g. Side Yard: A side yard on one side of the lot shall be six (6) feet and the other side shall be four (4) feet. The minimum distance between structures shall be ten (10) feet. A side yard adjacent to a street shall be fifteen (15) feet. h. Rear Yard: The minimum depth of the rear yard shall be twenty (20) feet. Maximum Building Height: Buildings shall be a maximum of two and a half (2 %2) stories, not to exceed thirty-five (35) feet in height. Chimneys, antennae and other architectural projections not used for human occupancy may extend above this height limit. j. Garages: Garages may be front facing and there is no requirement for "swing" driveways. 2. PLANNED DEVELOPMENT —Tract E 2.1 General Description: Tract E identified on the attached Zoning Exhibit (Exhibit B) is intended to accommodate single family residential development in the community. Development standards for Tract E are outlined within this Section. 2.2 Permitted Uses: a. The permitted uses in Tract E will be the same as those permitted in the "SF-72 Single Family Residential" zoning district. b. Residential uses as described herein. c. Parks, playgrounds and neighborhood recreation facilities including, but not limited to swimming pools, clubhouse facilities and tennis courts. d. Churches/rectories. e. Schools -public or private. f. Utility distribution lines and facilities. g. Fire stations and public safety facilities. h. Real estate sales offices during the development and marketing of the residential areas. i. Electronic security facilities including gatehouses and control counter. j. Construction Trailers associated with development for residential, retail, or commercial uses. 2.3.Buildin� Materials: All main buildings shall have an exterior finish of stone, stucco (if approved by the Anna City Council), brick, tile, concrete, glass, exterior wood or similar materials or any combination thereof. The use of wood as an exterior building material shall be limited to a maximum of thirty (30) percent of the total exterior wall surfaces. 2.4 Single Family Homes: Single family homes shall be allowed within Tract E as illustrated on the attached Zoning Exhibit (Exhibit B). 2.5 Building and Area Requirements: The following development standards shall pertain to single family uses to be developed within Tract E. a. Lot Area: The minimum area of any lot with in Tract E shall be five thousand four hundred (5,400) square feet. b. Minimum Dwelling Size: The minimum area of the main building shall be one thousand three hundred (1,300) square feet, exclusive of garages, breezeways and porticos. c. Lot Coverage: In no case shall more than fifty (50) percent of the total lot area be covered by the main buildings and accessory buildings. Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall not be included in determining maximum lot coverage. d. Lot Width: The minimum width of any lot shall be fifty (50) feet measured at the front building line, except for lots at the terminus of a cul-de-sac or on an elbow, which may have a width of forty-five (45) feet at the building line; provided all other requirements of this section are fulfilled. e. Lot Depth: The minimum depth of any lot shall be one hundred (100) feet, except for lots at the terminus of a cukcle-sac, or on an elbow, which may have a minimum lot depth, measured at mid -points on front and rear lot lines, of ninety-five (95) feet.a provided all other requirements of this section are fulfilled. f. Front Yard: The minimum depth of the front yard shall be twenty (20) feet. g. Side Yard: A side yard on one side of the lot shall be six (6) feet and the other side shall be four (4) feet. The minimum distance between structures shall be ten (10) feet. A side yard adjacent to a street shall be fifteen (15) feet. h. Rear Yard: The minimum depth of the rear yard shall be fifteen (15) feet. i. Maximum Building Height: Buildings shall be a maximum of two and a half (2 %2) stories, not to exceed thirty-five (35) feet in height. Chimneys, antennae and other architectural projections not used for human occupancy may extend above this height limit. j. Garages: Garages may be front facing and there is no requirement for "swing" driveways. GENERAL STANDARDS 1. The design and development of the Avery Pointe community shall take place in general accordance with Exhibit B. 2. A minimum 6' tall masonry screening wall, as defined in Section 40.01(a)(3)(i) of the Anna Zoning Ordinance, as amended, shall be located between Tract C and Tracts E(1) and E(2). The wall shall be constructed in conjunction with the initial development along the common boundary line, whether the development is nonresidential or residential in nature. A 3' "wall maintenance" easement shall be provided on adjacent properties at the time of final platting of those properties. Section 3. Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4. Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Section 5. Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6. Publication of the Caption and Effective Date This ordinance shalt be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this day of 2014. ATTESTED: Natha Wilkison, City Secretary Mike Crist, Mayor EXHIBIT "A" LEGAL DESCRIPTION EXHIBIT "0 CONCEPT PLAN LEGAL DESCRIPTION -TRACT D BEING a tract of land located in the City of Anna, Collin County, Texas, a part of the Francis T. Duffau Survey, Abstract Number 288, being a part of that called 114.608 acre tract of land described in deed to Anna 455 Residential Partners, L.P., as recorded in County Clerk File No. 20070403000444410, Deed Records Collin County, Texas, and being further described as follows: COMMENCING at a brass TXDOT monument found in the north line of White Street (Farm to Market Highway No. 455) (a variable width right -of --way), said point being in the west line of a called 13.798 acre tract of land described as Tract II in deed to Anna 455 Commercial Partners, L.F., as recorded in County Clerk File No. 20121119001473740 and County Clerk File No. 20121119001473750, Deed Records Collin County, Texas, and said point being the southeast corner of Lot 9, Block B of The Falls Phase 1 A, an addition to the City of Anna, as recorded in Cabinet O, Page 615, Plat Records Collin County, Texas; THENCE North 40 degrees 13 minutes 06 seconds East, 699.75 feet along the west line of said 13.798 acre tract of land and along the east line of said The Falls Phase I to a five -eighths inch iron rod found at the northwest corner of said 13.798 acre tract of land, said point being the southwest corner of said 114.608 acre tract of land; THENCE North 00 degrees 43 minutes 25 seconds East, 1278.12 feet along the west line of said 114.608 acre tract of land to the POINT OF BEGINNING of the herein described tract of land; THENCE North 00 degrees 43 minutes 25 seconds East, 610.88 feet to afive-eighths inch iron rod found at the northwest corner of said 114.608 acre tract of land; THENCE South 88 degrees 46 minutes 15 seconds East, 803.32 feet along the north line of said 114.608 acre tract of land to afive-eighths inch iron rod found at the southwest corner of a tract of land described in deed to Two-J Partners, L.P., as recorded in County Clerk File No. 20080509000562500, Deed Records Collin County, Texas; THENCE South 88 degrees 49 minutes 57 seconds East, 537.65 feet along the north line of said 114.608 acre tract of land to a point for corner; THENCE South O1 degrees 10 minutes Al seconds West, 1 OS.S8 feet to a point for corner; THENCE Southwesterly, 193.99 feet along a curve to the right having a central angle of 04 degrees 49 minutes 57 seconds, a radius of 2,300.00 feet, a tangent of 97.05 feet, and whose chord bears South 03 degrees 35 minutes 02 seconds West, 193.93 feet to a point for corner; THENCE South 06 degrees 00 minutes 00 seconds West, 216.61 feet to a point for corner; THENCE North 84 degrees 00 minutes 00 seconds West, 210.00 feet to a point for corner; THENCE South 06 degrees 00 minutes 00 seconds West, 61.23 feet to a point for corner; THENCE Southwesterly, 78.78 feet along a curve to the left having a central angle of O1 degrees 48 minutes 07 seconds, a radius of 2.505.00 feet, a tangent of 39.39 feet, and whose chord bears South 05 degrees 05 minutes 57 seconds West, 78.78 feet to a point for corner; THENCE North 84 degrees 00 minutes 00 seconds West, 160.33 feet to a point for corner; THENCE North 84 degrees 04 minutes 15 seconds West, 61.39 feet to a point for cornea; TI-IENCE North 85 degrees 02 minutes 21 seconds West, 62.06 feet to a point for corner; THENCE North 86 degrees 16 minutes 57 seconds West, 62.06 feet to a point for corner; THENCE North 87 degrees 31 minutes 33 seconds West, 62.06 feet to a point for cornea; THENCE North 88 degrees 29 minutes 24 seconds West, 34.19 feet to a point for corner; THENCE North 88 degrees 49 minutes 57 seconds West, 648.91 feet to the POINT OF BEGINNING and containing 792,492 square feet or 18.193 acres of land. Billy M. Logsdon August 6, 2014 (i BILLY M. LfoGSDO N, A 6487 , ��ESS►��P�Q- °SURV . �/ LEGAL DESCRIPTION - TRACT E (1) BEING a tract of land located in the City of Anna, Collin County, Texas, a part of the Francis T. Duffau Survey, Abstract Number 288, being a part of that called 8.931 acre tract of land described as Tract I in deed to Anna 455 Commercial Partners, L.P., as recorded in County Clerk File No. 20121119001473740 and County Clerk File No. 20121119001473750, Deed Records Collin County, Texas, being a part of that called 20.00 acre tract of land described in deed to Anna 455 Commercial Partners, L.P., as recorded in County Clerk File No. 20071205001623100, Deed Records Collin County, Texas, and being further described as follows: COMMENCING at a brass TXDOT monument found in the north line of White Street (Farm to Market Highway No. 455) (a variable width right -of --way), said point being in the west line of of a called 13.798 acre tract of land described as Tract II in deed to Anna 455 Commercial Partners, L.P., as recorded in County Clerk File No. 20121119001473740 and County Clerk File No. 20121119001473750, Deed Records Collin County, Texas, and said point being the southeast corner of Lot 9, Block B of The Falls Phase 1 A, an addition to the City of Anna, as recorded in Cabinet O, Page 615, Plat Records Collin County, Texas, THENCE North 00 degrees 13 minutes 06 seconds East, 699.75 feet along the west line of said 13.798 acre tract of land and along the east line of said The Falls Phase I to a five -eighths inch iron rod found at the northwest corner of said 13.798 acre tract of land, said point being the southwest corner of a called 114.608 acre tract of land described in deed to Anna 455 Residential Partners, L.P., as recorded in County Clerk File No. 20070403000444410, Deed Records Collin County, Texas; THENCE South 88 degrees 56 minutes O1 seconds East, 1867.41 feet along the south line of said 114.608 acre tract of land to a five -eighths inch iron rod found in the north line of said 20.00 acre tract of land, said point being the POINT OF BEGINNING of the herein described tract of land, THENCE South 88 degrees 56 minutes O1 seconds East, 773.85 feet along the south line of said 114.608 acre tract of land to a point for corner at the southeast corner of said 114.608 acre tract of land, said point being the northeast corner of said 8.931acre tract of land, and said point being in the west line of Settlers Way, an addition to the City of Anna, as recorded in Cabinet P, Page 967, Plat Records Collin County, Texas; THENCE South 00 degrees 46 minutes 06 seconds West, 725.14 feet along the west line of said Settlers Way to a one-half inch iron rod set in the east line of said 8.931 acre tract of land, said point being in the north line of White Street, THENCE North 87 degrees 35 minutes 35 seconds West, 328.93 feet along the north line of White Street to a one-half inch iron rod set in the east line of a called 0.700 acre tract of land described in deed to Ronny and Linda Brown, as recorded in Volume 1076, Page 564, Deed Records Collin County, Texas; THENCE North 01 degrees 06 minutes ] 0 seconds East, 199.27 feet along the east line of said 0.700 acre tract of land to a one-half inch iron rod set at the northeast corner of said 0.700 acre tract of land; THENCE South 78 degrees 02 minutes 13 seconds West, 154.45 feet to a one-half inch iron rod found at the northwest corner of said 0.700 acre tract of land; THENCE North 02 degrees 58 minutes 00 seconds East, 60.69 feet to afive-eighths inch iron rod found for corner; THENCE North 88 degrees 44 minutes O1 seconds West, 267.79 feet to a one-half inch iron rod set in the north line of Lot 1, Block A of Summer Hill Addition, an addition to the City of Alma as recorded in Volume 2011, Page 22, Plat Records Collin County, Texas; THENCE North 32 degrees 44 minutes 52 seconds West, 61.47 feet to a one-half inch iron rod set for corner; THENCE North O1 degrees 15 minutes 59 seconds East, 440.33 feet to the POINT OF BEGINNING and containing 462,587 square feet or 10.620 acres of land. Billy M. Lod R.P.L.S. N . August 65 2014 7 Jr. �.��GISTE,4 •.; 4cS� Y M, LOGSDO .. .. N: JR. 6487 o� LEGAL DESCRIPTION - TRACT E (2) BEING a tract of land located in the City of Anna, Collin County, Texas, a part of the Francis T. Duffau Survey, Abstract Number 288, being a part of that called 13.798 acre tract of land described as Tract II in deed to Anna 455 Commercial Partners, L.P., as recorded in County Clerk File No. 20121119001473740 and County Clerk File No. 20121119001473750, Deed Records Collin County, Texas, being a part of that called 20.00 acre tract of land described in deed to Anna 455 Commercial Partners, L.P., as recorded in County Clerk File No. 20071205001623100, Deed Records Collin County, Texas, and being further described as follows: COMMENCING at a brass TXDOT monument found in the north line of White Street (Farm to Market Highway No. 455) (a variable width right -of --way), said point being in the west line of said 13.798 acre tract of land, and said point being the southeast corner of Lot 9, Block B of The Falls Phase 1 A, an addition to the City of Anna, as recorded in Cabinet O, Page 615, Plat Records Collin County, Texas; THENCE North 00 degrees 13 minutes 06 seconds East, 300.00 feet along the west line of said 13.798 acre tract of land and along the east line of said Lot 9 to a one-half inch iron rod set at the POINT OF BEGINNING of the herein described tract of land; THENCE North 00 degrees 13 minutes 06 seconds East, 399.75 feet along the west line of said 13.798 acre tract of land and along the east line of said The Falls Phase lA to a five -eighths inch iron rod found at the northwest corner of said 13.798 acre tract of land, said point being the southwest corner of a called 114.608 acre tract of land described in deed to Anna 455 Residential Partners, L.P., as recorded in County Clerk File No. 20070403000444410, Deed Records Collin County, Texas; THENCE South 88 degrees 56 minutes O1 seconds East, 1370.89 feet along the south line of said 114.608 acre tract of land to afive-eighths inch iron rod found in the north line of said 20.00 acre tract of land; THENCE Southwesterly, 118.66 feet along anon -tangent curve to the right having a central angle of 04 degrees 14 minutes 58 seconds, a radius of 1,600.00 feet, a tangent of 59.36 feet, and whose chord bears South 04 degrees 05 minutes 07 seconds West, 118.64 feet to a five -eighths inch iron rod found for corner; THENCE South 06 degrees 12 minutes 36 seconds West, 280.34 feet to afive-eighths inch iron rod found for corner; TI-IENCE North 89 degrees 01 minutes 12 seconds West, 1,333.59 feet along to the POINT OF BEGINNING and containing 539,822 square feet or 12.393 acres of land. Billj'M. Logsd R.P.L.S. No. 64 August 6, 2014 Cn,��� BILLY M. LOGSDON, A _ 6487 09 Id ��}§§§§ ,EE�, ;`!#Rf} 2\\\\\ �;[�§ �w CITY OF ANNA, TEXAS AGENDA SUBJECT: Item No. I0 City Secretary's use only City COunal Agenda Staff Report Date: Staff Contact: Exhibits: Yes October 14, 2014 City Manager Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by QJR Partnership LTD. SUMMARY: The City is working on the design and construction of a new elevated water tower and associated water lines that are necessary to accommodate the current and future growth of our city. In order to construct these improvements, the City will need to acquire an easement across property owned by QJR Partnership LTD. The attached resolution authorizes Staff to commence negotiations, and, if necessary, initiate the use of eminent domain to acquire the needed water easement. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution. Any motion to approve the resolution should be made precisely as follows as prescribed by law: "I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 1.92 acres of land, more or less, in the F.T. Daffau Survey, Abstract No. 0288, City of Anna, Collin County, Texas, said tract described in a deed to QJR Partnership LTD, recorded in Instrument Number 20020214000237330 and Volume 5106, Page 2380 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 1.92 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 a water 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 WATER EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER 1.92 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 water lines to meet the public need to provide water 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 water easement not now held by the City of Anna for such water 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 water easement providing limited rights on and under 1.92 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 water lines, 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 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 water easement sought to be acquired will provide limited rights on and under a portion of a tract, said portion totaling approximately 1.92 acres of real property (the "Easement"), held by QJR Partnership LTD and/or others. Said approximate 1.92 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 water lines. 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. This resolution shall take effect immediately upon its passage. PASSED by the City Council of the City of Anna, Texas, this 14t" day of October, 2014. CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 3 ATTESTED: City Secretary, Natha Wilkinson r_�• : •1•1 Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 3 OF 3 Exhibit A 09/OS/14 Ti nc14 FIELD NOTE DESCRIPTION FOR PERMANENT VARIABLE WIDTH WATER LINE EASEMENT OVER, UNDER, AND ACROSS THE PROPERTY OF QJR PARTNERSHII' LTD (INSTRUMENT NUMBER 20020214000237330 & VOLUME 5106, PAGE 2380, DEED RECORDS OF COLLIN COUNTY, TEXAS) BEING a strip of land for a permanent variable width water line easement generally 20-feet and 55-feet in width and being over, under and across a 162.12 acre tract located in the F. T. Daffau Survey, Abstract No. 0288, Collin County, Texas, conveyed to QJR Partnership LTD by a deed recorded in Instrument Number 20020214000237330 and Volume 5106, Page 2380, of the Deed Records of Collin County, Texas (D.R.C.C.T.). Said strip of land being more particularly described as follows: BEGINNING at a point in the west property line of said 162.12 acre QJR Partnership LTD tract and being in the east property line of a 50.53 acre tract conveyed to Two-J Partners LLLP by deed recorded in Instrument Number 20080509000562500, of the D.R.C.C.T., said point being N 58°40'46" E, a distance of 778.69 feet from a 3/8" iron rod found in the south property line of said 50.53 acre Two-J Partners LLLP tract, said 3/8" iron rod also being a northeast corner of a 107.52 acre tract conveyed to Q Seminole Anna Town Center, LP by deed recorded in Instrument Number 20080128000100640, of the D.R.C.C.T. and the northwest corner of a 26.884 acre tract of land being Creekside Phase 3, an addition to the City of Anna as recorded by Subdivision Number S8453, of the Plat Records of Collin County, Texas (P.R.C.C.T.), said point also being N 49°45'00" W and a distance of 639.76 feet from a 5/8" capped iron rod found in the south property line of said 162.12 acre QJR Partnership LTD tract, said iron rod being the northeast corner of said 26.884 acre Creekside Phase 3 addition, and being the northwest conger of a 29.157 acre tract of land being The Falls Phase 2, an addition to the City of Anna as recorded by Subdivision Number S8550, of the P.R.C.C.T.; THENCE, N 0044'50" E (North per recorded deed of said 162.12 acre QJR Partnership LTD tract), along the connnon property line, a distance of 59.04 feet to a point for a corner; THENCE, S 48027'00" E, leaving said connnon property line, a distance of 328.09 feet to a point for a coiner, said point being the beginning of a curve to the left; THENCE, along said curve having a radius of $90.00 feet, a central angle of 28°40'58", and an are distance of 445.54 feet (chord bearing - S 62°47'29" E and chord distance of 44090 feet) to a point for corner; THENCE, S 89°18'08" E, a distance of 579.24 feet to a point for a corner; THENCE, S 88059'32" E, being 55-feet perpendicular distance from and parallel to the south property line of said 162.12 acre QJR Partnership LTD tract a distance of 407.24 feet to a point for a corner, said point being the beginning of a curve to the right; THENCE, along said curve having a radius of 830.00 feet, a central angle of 17°11'30", and an are distance of 249.04 feet (chord bearing - S 80°23'47" E and chord distance of 248.11 feet) to a point for corner•, said point being the beginning of a curve to the left; THENCE, along said curve having a radius of 870.00 feet, a central angle of 4°40'52", and an arc distance of 71.08 feet (chord bearing008'28" E and chord distance of 71.06 feet) to a point for cor�rer, said point being in the south property line of said 162.12 acre QJR Partnership LTD tract and in the north property line A a 114,608 acre tract conveyed to Anna 455 Residential LP by deed recorded in Instrument Number 20070403000444410, of the D.R.C.C.T., Page 1 of 3 6:\projats\anna12014111\esmtylnts\descriptions\tract 4.doc 09/QS/14 Ti nct 4 THENCE, N 88°4632 W (West per recorded deed of said 162.12 acre QJR Partnership LTD tract), along the conunon property line of said 162.12 acre QJR Partnership LTD tract and of said 114.608 acre Amia 455 Residential LP tract, a distance of 78.48 feet to a 5/8" iron rod found for a corner, said 5/8" iron rod being at the northeast corner of said 114,608 acre Amia 455 Residential LP tract and at the northeast corner of said 29.157 acre The Falls Phase 2 addition; THENCE, N 88°59'32" W (West per recorded deed of said 162.12 acre QJR Partnership LTD tract), along the common property line of said 162.12 acre QJR Partnership LTD tract and said 29.157 acre The Falls Phase 2 addition, a distance of 642.62 feet to a 1/2" iron rod found for a corner; THENCE, N 89°03'49" W (West per recorded deed of said 162.12 acre QJR Partnership LTD tract), along said common property line, a distance of 13.58 feet to a comer (no monument found) in the north property line of said 29.157 acre The Falls Phase 2 addition (plat calls for a 1/2" iron rod); THENCE, N 89°18'24" W (West per recorded deed of said 162.12 acre QJR Partnership LTD tract), along said common property line, a 5/8" capped iron rod found at a distance of 545.31 feet with an offset of 0.39 feet south, then continuing in all a total distance of 595.31 feet to a point for a comer; THENCE, N 0°22' 17" E, leaving the said common property line, a distance of 41.41 feet to a point for a corner, said point being the beginning of a non -tangent curve to the right; THENCE, along said curve having a radius of 910.00 feet, a central angle of 27°00'S3", and an arc distance of 429.06 feet (chord bearing - N 61 °57'26" W and chord distance of 425.10 feet) to a point for comer (said call being a part of the 20-feet wide portion of the easement), THENCE, N 48027'00" W, a distance of 152.32 feet to a point for a corner (said call being a part of the 20- feet wide portion of the easement); THENCE, N 58039103" W, a distance of 139.40 feet to the POINT OF BEGINNIN(., said permanent variable width water line easement containing 1.92 acres (83,831.32 square feet), more or less. Also, a temporary construction easement being 204eet in width and being immediately adjacent to and parallel with the northern legs of teabove described permanent variable width water line easement, said temporary construction easement containing 0.98 acre (42,895.31 square feet), more or less. 1. Bearings and distances cited in this field note description are based on the Texas State Plane Coordinate System, NAD-83, Texas North Central Zone 4202. 2. Field surveys concluded on August 12, 2014. 3. An Easement Plat of even date herewith accompanies this Field Note - ,�Q;�GrsrER� ;1•9 Date: (�{ ���L� GARY CLINTON NENDRICKS Gary C. Hendricks, P.E., R.P.L.S. 09 5073 P.,: T.B.P.L.S. Firm No. 10031800 OPIFSSko Rv�yOQ Texas Registration No. 5073 Birlchoff, Hendricks &Carter, L.L.P. T.B.P.E. Firm No. 526 11910 Greenville Avenue, Suite 600 Dallas, Texas 75243 Phone: 214-361-7900 Page 2 of 3 h:\projecls�onna\2014111 \esmt�lats\descriplio�>sltracl 4.do e 1.O.O.a.O 009U9000609090OZ 'ON '1SNI dill Sa3NAW P-OML c pss��OO^�: V iVi NUCJ � � ^ti� I �VV N i R N 0IA 00�' V'cNp� hh II mo C�iN�t��CiV v o 0 to ,W 0 �o o NO WOE t[) U 00v ooC3 °aNa b� z( hod \ z = Q W m� s � z WI U Z W all —LIJmt �Oo ctj z J f� �� Z �U) m to a z� W I Qr.�QO�jp�O o�� w �o�NNNN i'6oa 0 to IN, � z n Cmi 0'a'0 u�auuwuudZt0SOOZ 'ON '1SNI dl 'a31N30 NMOl VNNV 310NIW3S 0 W V Q W 0 � O Wft t/) 0. N Z W J J Pi LLJ aro H a R ao S = Q p N2°o Z �� Woml Z G�y� w 5 M' QZ U rLN N. .T� o � ; N Q J Q Q (L Q U 1� iron 1� j Ewa x U zx W"� w Z°vi oo�'� a w a pq o. m 1 0 �X z ZZMQO wm ONE � o Z 0� LLJ U � � 7a�ZZo L O �OQU awl: 00 ZZ v a�W >N 00Q �U O M Z� C90n Z N mzt �a az 0 Z .- N M t }ws3 {, }ooal\s}old\s}old—}ws3\tLlbtOZ\ouuy\s}oa[o�d\�H A3AaVH0 — K/5/6 '03SIA38 �w CITY OF ANNA, TEXAS AGENDA SUBJECT: Item No. I I City Secretary's use only City Council Agenda Staff Report Date: 10/808/14 Staff Contact: Maurice Schwanke Exhibits: Yes Consider/Discuss/Action regarding a Resohrtion initiating proceedings, and setting the dates, times, and places for public hearings for the annexation of a 162.12 acre tract of land located in the F.T. Daffau Survey, Abstract No. 0288, and a 64.5 acre tract of land located in the John Ellett Survey, Abstract No. 0296; and extending an offer to the owners of said properties to make a Development Agreement with the City. This proposed involuntary annexation involves approximately 226.62 acres of land located immediately north of the Falls and Creekside subdivisions on both sides of County Road 370. The land is currently used for agricultural purposes and is surrounded on all four sides by properties that are inside the city limits. The Resolution if approved) would initiate or begin the annexation process for the area shown on the attached Exhibit A. If the Resolution is adopted, the City will schedule two public hearings that will (if necessary) be held during City Council Meetings on December 9, 2014 and December16, 2014. If necessary, a final vote on the annexation will occur during the January 13th Council Meeting. Please note that the December 161th meeting will be a special called meeting. Prior to annexing properties that are appraised for property tax purposes as land for agricultural, wildlife management use, or as timber land (as defined in Subchapter C, D, or E Chapter 23, Tax Code) the City is required to offer to make a development agreement with the landowner. Such a development agreement would, 1) guarantee the continuation of the extraterritorial (outside the city limits) status of the property for a period of time; and 2) authorize the enforcement of all regulations and planning authority of the city that do not interfere with the use of the property for agriculture, wildlife management, or timber. The City could elect to proceed with annexation of property with a qualifying tax exemption if the owner declines a development agreement offer extended by the City. The attached Resolution directs the City Manager to offer the Development Agreement referenced in the Resolution as Exhibit B to owners of property located within the area proposed for annexation. The proposed Development Agreement (if executed by the property owner & approved by the Council) would guarantee that the property would remain outside the city limits for one (1) year. Prior to adopting the Resolution, the Council may adjust the term of the agreement (Exhibit B, Section 5) as it deems appropriate. At the conclusion of the term of the agreement, the property owners would consent to voluntary annexation. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION ESTABLISHING THE DATES, TIMES, AND PLACES FOR PUBLIC HEARINGS FOR THE ANNEXATION OF PROPERTY AND DIRECTING THE CITY MANAGER TO OFFER ON BEHALF OF THE CITY TO MAKE A DEVELOPMENT AGREEMENT WITH THE OWNERS OF S AID PROPERTIES WITHIN THE AREA PROPOSED FOR ANNEXATION WHEREAS, in order to better protect the health, safety, and welfare of the citizens of Anna, the City Council of the City of Anna wishes to consider annexation of certain property described as a 162.12 acre tract of land located in the F.T. Daffau Survey, Abstract No. 0288, and a 64.5 acre tract of land located in the John Ellett Survey, Abstract No. 02966 as depicted in Exhibit A; and WHEREAS, said territory lies adjacent or Contiguous to the present boundaries of the City of Anna, Texas; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA THAT Section I. The City Council of the City of Anna hereby proposes to annex the property Shown in Exhibit A. Section 2. Public hearings regarding the proposed annexation are hereby scheduled as follows: 15t Public Hearing —December 9, 2014 at 7:30 p.m. in the City Council Chambers at the Anna City Hall Administrative Building, 111 N. Powell Pkwy, Anna, TX 2"d Public Hearing — Decemberl6, 2014 at 7:30 p.m. in the City Council Chambers at the Anna City Hall Administrative Building, 111 N. Powell Pkwy, Anna, TX Section 3. The City Council hereby directs the City Manager to prepare a service plan that provides for the extension of full municipal services as required and appropriate for the area shown in Exhibit A. Section 4. The City Council hereby directs the City Manager to offer on behalf of the City, to make the Development Agreement, attached hereto as Exhibit B, with the owners of the properties located within the area proposed for annexation. PASSED by the following vote of all members of the City Council as present on this the 141" day of October, 2014. ATTEST: City Secretary, Natha Wilkison APPROVED: Mayor, Mike Crist EXHIBIT A STATE OF TEXAS ) COUNTY OF COLLIN ) CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE DEVELOPMENT AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and/or 212.172 of the Texas Local Government Code by and between the City of Anna, Texas (the "City") and the undersigned property owner(s) (the "Owner"). The term "Owner" includes all owners of the Property. WHEREAS, the Owner owns a parcel of real property(s) (the "Property") in Collin County, Texas, commonly described as a 162.12 acre tract of land located in the F.T. Daffau Survey, Abstract No. 0288, and a 64.5 acre tract of land located in the John Ellett Survey, Abstract No. 02961 and as shown in the attached Exhibit "A"; and WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and/or 212.172 of the Texas Local Government Code, in order to address the desires of the Owner and the procedures of the City; and WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon the City and the Owner and their respective successors and assigns for the term (defined below) of this Agreement; and WHEREAS, this Development Agreement is to be recorded in the Real Property Records of Collin County. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: Section 1. The City guarantees the continuation of the extraterritorial status of the Owner's Property, its immunity from annexation by the City, and its immunity from City property taxes, for the term of this Agreement, subject to the provisions of this Agreement. Except as provided in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily institute proceedings to annex the Property, and further agrees not to include the Property in a statutory annexation plan for the Term of this Agreement. However, if the Property is annexed pursuant to the provisions of this Agreement, then the City shall provide services to the Property pursuant to Chapter 43 of Texas Local Government Code. Section 2. The Owner covenants and agrees not to use the Property for any use other than for agriculture, wildlife management, and/or timber land consistent with Chapter 23 of the Texas Tax Code, without the prior written consent of the City. The Owner covenants and agrees that the Owner will not file any type of subdivision plat or related development document for the Property with Collin County or the City until the Property has been annexed into, and zoned by, the City. The Owner covenants and agrees not to construct, or allow to be constructed, any buildings on the Property that would require a building permit if the Property were in the city limits, until the Property has been annexed into, and zoned by, the City. The Owner also covenants and agrees that the City's SF-E—Single Family Residential — Large Lot District zoning requirements apply to the Property, and that the Property shall be used only for SF-E—Single Family Residential — Large Lot District zoning uses that exist on that Property at the time of the execution of this Agreement, unless otherwise provided in this Agreement. The Owner acknowledges that each and every owner of the Property must sign this Agreement in order for the Agreement to take full effect, and the Owner who signs this Agreement 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 the Agreement, arising in any way from the City's reliance on this Agreement. Section 3. The Owner acknowledges that if any plat or related development document is filed in violation of this Agreement, or if the Owner commences development of the Property in violation of this Agreement, then in addition to the City's other remedies, such act will constitute a petition for voluntary annexation by the Owner, and the Property will be subject to annexation at the discretion of the City Council. The Owner agrees that such annexation shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner. If annexation proceedings begin pursuant to this Section, the Owner acknowledges that this Agreement serves as an exception to Local Government Code Section 43.052, requiring a municipality to use certain statutory procedures under an annexation plan. Furthermore, the Owner hereby waives any and all vested rights and claims that they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein. The Owner further agrees that the Owner will not in any manner contest any annexation of the Property initiated by the City under this Section or any annexation of the Property completed by the City after the Term of this Agreement. Section 4. Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code, the City is authorized to enforce all of the City`s regulations and planning authority that do not materially interfere with the use of the Property for agriculture, wildlife management, or timber, in the same manner the regulations are enforced within the City's boundaries. The City states and specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212 development agreement. Section 5. The term of this Agreement (the "Term") is one year from the date that the City Manager's signature to this Agreement is acknowledged by a public notary. The Owner, and all of the Owner's heirs, successors and assigns shall be deemed to have filed a petition for voluntary annexation before the end of the Term, for annexation of the Property to be completed on or after the end of the Term. Prior to the end of the Term, the City may commence the voluntary annexation of the Property. In connection with annexation pursuant to this section, the Owners hereby waive any vested rights they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any application, plan, plat or construction any of the owners may submit or initiate during the time between the expiration of this Agreement and the institution of annexation proceedings by the City. Section 6. Property annexed pursuant to this Agreement shall be temporarily classified as SF-E Single Family Residential — Large Lot District until permanent zoning is established by the City Council pursuant to the City's Code of Ordinances, pending determination of the Property's permanent zoning in accordance with the provisions of applicable law and the City's Code of Ordinances. Section 7. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, gives written notice of this Agreement to the prospective purchaser or grantee, and shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the Owner's heirs, successor, and assigns shall give the City written notice within 14 days of any change in the agricultural exemption status of the Property. A copy of either notice required by this section shall be forwarded to the City at the following address: City of Anna Attn: City Manager 111 N. Powell Parkway Anna, Texas 75409 Section 8. This Agreement shall run with the Property and be recorded in the real property records of Collin County, Texas. Section 9. If a court of competent jurisdiction determines that any covenant of this Agreement is void or unenforceable, including the covenants regarding involuntary annexation, then the remainder of this Agreement shall remain in full force and effect. Section 10. This Agreement may be enforced by any Owner or 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. Section 11. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. Section 12. Exclusive jurisdiction and venue for disputes arising out of or related in any way to this Agreement shall be in Collin County, Texas. Section 13. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 14. This Agreement shall survive its termination to the extent necessary for the implementation of the provisions of Sections 3, 4, and 5 herein. Entered into this day of Philip Sanders City Manager, City of Anna, Texas THE STATE OF TEXAS } COUNTY OF COLLIN } 2014. This instrument was acknowledged before me on the _day of 2014, by Philip Sanders, City Manager, City of Anna, Texas. Notary Public, State of Texas Owner 1 Printed Name: THE STATE OF TEXAS } COUNTY OF } This instrument was acknowledged before me on the _day of 2014, by Owner 1. Notary Public, State of Texas Owner 2 Printed Name: THE STATE OF TEXAS } COUNTY OF } This instrument was acknowledged before me on the _day of 2014, by Owner 2. Notary Public, State of Texas Owner 3 Printed Name: THE STATE OF TEXAS } COUNTY OF } This instrument was acknowledged before me on the _day of 2014, by , Owner I Notary Public, State of Texas Owner 4 Printed Name: THE STATE OF TEXAS } COUNTY OF } This instrument was acknowledged before me on the _day Owner 4. Notary Public, State of Texas of EXHIBIT "A" CITY OF ANNA, TEXAS Item No. 12 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: 10/08/14 Maurice Schwanke Yes AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution setting the dates, times and places for public hearings for the voluntary annexation of a 23.19 acre tract of land located in the J. C. Brantley survey, Abstract No. 114. SUMMARY: This tract being requested for annexation is within the City of Anna extraterritorial jurisdiction and contiguous with the existing City Limits. This is a voluntary request with the owner being Leonard 0 P JR Investment. The tract is in the J. C. Brantley Survey, Abstract A0114 and is approximately 23.190 acres of land more or less. The tract is located south of County Road 376 and east of County Road 427. Prior to the establishment of zoning the property needs to be annexed. If the Resolution is adopted, the City will schedule two public hearings that will be held during City Council Meetings on December 9, 2014 and December16, 2014. A final vote on the annexation is anticipated during the January 13th Council Meeting. Please note that the December 16th meeting will be a special called meeting. STAFF RECOMMENDATION: Approval of Resolution setting public hearing dates. CITY OF ANNA RESOLUTION NO. (City Annexation of Property generally located south of County Road 376 and east of County Road 427 containing 23.19 acres more or less) A RESOLUTION ESTABLISHING THE DATES, TIMES, AND PLACES FOR PUBLIC HEARINGS FOR THE ANNEXATION OF PROPERTY. WHEREAS, in or to better protect the health, safety, and welfare of the citizens of Anna, the City Council of the City of Anna wishes to consider annexation of certain property described in Exhibit A; and WHEREAS, said territory lies adjacent or Contiguous to the present boundaries of the City of Anna, Texas; 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 annex the property Shown in Exhibit A. Section 2. Public hearings regarding the proposed annexation are hereby scheduled as follows: 15t Public Hearing —December 9, 2014 , at 7:30 p.m. at the Community Room, Anna City Hall Administration Bung, 111 N. Powell Pkwy, Anna, TX 2"d Public Hearing — Decemberl6, 2014, at 7:30 p.m. at the Community Room, Anna City Hall Administration Bung, 111 N. Powell Pkwy, Anna, TX PASSED by the following vote of all members of the City Council as present on this the 14th day of October, 2014. Ie1'l0 f►Tel'l.'� ATTEST: APPROVED: e e �Ir�1►�liC�P►I.� City Secretary, Natha Wilkison Mike Crlst, Mayor APPLICA I ION/PE T w. T YON FOR ANNEXA i )ION Include with Application: Legal Description of Property with surveyor's stamp Map Showing location of property A _plication Fee: $ A To ilhe Mayor and governing Body or the OW of Anna, Tescas I (we), the undersigned, being owners) of property that is within the existing extraterritorial jurisdiction of the City of Anna, Texas, hereby petition your honorable body to extend the present city lirnits so as to include the territory more fully described in Exhibit A, attached hereto and incorporated herein for all intents and purposes. I (we) am (are) the owner(s) and/or legally represent the owner(s) of the property described in Exhibit A, on which less than three qualified voters reside. (We) certify that this Petition is signed and acknowledged by each and every corporation and person owning the described land or having an interest in any part thereof. The undersigned represents) that he (they) and all other owners desire to be annexed to and made part of the City of Anna, Texas, subject to all laws, rules, and regulations of said city. Printed Name Pfe. o . C Gn Signature Printed Name L4 Name ofProperty and /ocation STATE OF TEXAS COUNTI' OF � Q This instrument was acknowledged before me by Notary Public in and for the State of Texas �7 My Commission Expires: — a Date Date PUS Sarah H. I�iksey ` ,' 07-I5-20I6 CITY OF ANNA, TEXAS Item No. 13 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: Yes October 14I 2014 City Manager AGENDA SUBJECT: Consider/Discuss/Action regarding approval of a Development Agreement with Troy and Floella Queen. SUMMARY: The City has negotiated a Development Agreement with Troy and Floella Queen regarding the future development and eventual annexation property located in the City's extra -territorial jurisdiction. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution and Agreement. CITY OF ANIMA, TEXAS RESOLUTION NO. A RESOLUTION APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANNA, TEXAS AND TROY AND FLOELLA QUEEN, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME ON BEHALF OF THE CITY. WHEREAS, the City of Anna, Texas (the yTroy and Floella Queen (the 'Owner") desire to enter into a Chapter 43 and Chapter 212 Texas Local Government Code Development Agreement (the "Agreement"); and WHEREAS, the City Council of the City of Anna, Texas (the "City Council") finds that approval of the Agreement is in the best interests of the citizens of Anna; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval of Agreement The City Council hereby approves the Agreement, attached hereto as Exhibit 1, incorporated herein for all purposes and authorizes the City Manager to execute same on behalf of the City. The Agreement is not valid unless properly executed by the City Manager. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14tn day of October 2014. APPROVED: Mike Crist, Mayor ATTEST: Natha Wilkison, City Secretary CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1 CITY OF ANNA,TEXAS Item No. 14 City Secretary's use only City Council Agenda Staff Report Date: $toff Contact: Exhibits: October 8, 2014 City Manager AGENDA SUBJECT: Closed Session (Exceptions): Under Tex. Gov't Code Chapter 5515 the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions, SUMMARY: 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 matters: City Secretary Annual Review and Update; City Manager Annual Review; 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. STAFF RECOMMENDATION: CITY OFANNA,TEXAS Item No. 13 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: October 8, 2014 City Manager AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda for October 14, 2014 Workshop Session or any closed session occurring during this Regular Meeting, as necessary. SUMMARY: STAFF RECOMMENDATION: CITY OF ANNA,TEXAS AGENDA SUBJECT: Adjourn SUMMARY: STAFF RECOMMENDATION: Staff recommends a motion to adjourn, Item No. 16 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: October 8, 2014 City Manager