HomeMy WebLinkAboutCCpkt2014-11-13X{OURl HOMETOWN
CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP
November 13, 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.,
November 13, 2014 at the Anna City Hall Administration Building, located at 111 N.
Powell Parkway (Hwy 5), regarding the following items:
1. Call to Order.
2. Roll Call and Establishment of Quorum.
3. 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 pul•chase, exchange, lease, or value of 1•eal
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 l; proposed residential and retail
developments;
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 tvho want to attend this meeting �vho may need assistance should contact the City Secretary at 972 924-
3325 tvo working days prior to the meeting so that appropriate arrangements can be made.
I 1-13-14 CC Workshop Meeting Agenda.doc
1
Posted 11-07-14
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d. discuss or deliberate personnel matters: City Secretary update; City
Manager Annual Review; non -advisory 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.
4. Consider/Discuss/Action on any items listed on posted agenda for November 13
2014 City of Anna City Council Regular Meeting or any Closed Session
occurring during this Workshop, as necessary.
5. Adjourn.
This is to certify that 1, Natha Willcison, City Secretary, posted this agenda at a
place readily accessible to the public at the Anna City Hall and on the City Hall
bulletin board at or before 5:00 p.m., November 7, 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.
11-13-14 CC Workshop Meeting Agenda.doc 2 Posted 1 I-07-14
CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING
November 13, 2014
7:30 p.m. —Anna City Hall Administration Building
The City Council of the City of Anna will meet in Regular Session at 7:30 p.m.,
November 13, 2014, at the Anna City Hall Administration Building, located at I I I North
Powell Parkway (Hwy 5), to consider the following items.
Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a recor
attendance. If you wish to speak on an open -session
Opinion/Speaker Registration Form and turn it in to
meeting starts.
1. Call to Order.
2. Invocation and Pledge of Allegiance.
agenda item please fiout
ll
the City Secretary before
the
d of
the
3. Citizen comments. Citizens are allowed 3 minutes to speak. The Coarncil 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.
5. Recognition of 2014 Anna Citizen Academy Graduates. (City Council)
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
1 I-1344 CC Regular Meeting Agenda.doc 1 Posted 11-07-14
6. Consent Items. These items consist of non -controversial or "housekeeping"
items required by laiv. Items may be considered individually by any Council
member making such request prior to a motion and vote on the Consent Items.
a. Approve a Resolution regarding "Oak Hollow PH 6" amending plat.
(Maurice Schwanke)
b. Approve a Resolution regarding "Westfield Addition Phase 3" site
plan. (Maurice Schwanke)
7. Public Hearing: For City Council to hear public comment regarding the
proposed rezoning of The Villages of Hurricane Creek from "PD" — single
family residential to "PD"— single family residential. (Maurice Schwanke)
8. Public Hearing: For City Council to hear public comment regarding the
creation of a Public Improvement District for The Villages of Hurricane
Creek. (City Manager)
9. Consider/Discuss/Action regarding a Resolution approving an Interlocal
Agreement with Collin County for the construction of Ferguson Parkway.
(City Manager)
10. Consider/Discuss/Action regarding a Resolution approving an Economic
Development Agreement with Bloomfield Homes, L.P., for the construction
of Ferguson Parkway. (City Manager)
11. Consider/Discuss/Action regarding a Resolution approving a Subdivision
Improvement Agreement for Lakeview Estates, Phase 1. (City Manager)
12. Consider/Discuss/Action regarding a Resolution approving a final plat of
Lakeview Estates, Phase 1. (Maurice Schwanke)
13. Consider/Discuss/Action regarding Resolution approving an Amended
Subdivision Improvement Agreement with the Owner of an approximate 634
acre tract of land located in the Grandison Stark Survey, Abstract No. 798.
(City Manager)
14. 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 Robert Coates. (City Manager)
15. Consider/Discuss/Action regarding a Resolution finding a public necessity
and authorizing the use of eminent domain to condemn private property
owned by Addison Wilson and/or others for public right-of-way associated
with alterations to CR 422. (City Manager)
1. The Council may vote and/or act upon each of the items listed in this agenda.
2. The Council reserves the right to retire into executive session concerning any of the items listed ou 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.
1
-13-14 CC Regular Meeting Agenda.doc 2 Posted 11-07-14
16. Consider/Discuss/Action regarding a Resolution approving a contract for the
construction of the Public Works Parking Lot. (Joseph Johnson)
17. Consider/Discuss/Action regarding a Resolution authorizing a request for
qualifications (RFQ) for architectural services. (City Manager)
18. Consider/Discuss/Action regarding a Resolution approving an Interlocal
Agreement for Child Abuse Investigation Services Law Enforcement
Services. (Chief Jenks)
19. 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 Update; City
Manager Annual Review; non -advisory Boards and
Comm]ssions.(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.
20. Consider/Discuss/Action on any items listed on posted agenda for November
13, 2014 Workshop Session or any closed session occurring during this
Regular Meeting, as necessary.
21. Adjourn.
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.
11-13-14 CC Regular Meeting Agenda.doc 3 Posted 11-07-14
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. November 7, 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 e,�ecutive session concerning any of the items listed on this agenda, whenever it is
considered necessary and legally justified under the Open Meeting Act.
3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924-
3325 two working days prior to the meeting so that appropriate arrangements can be made.
11-13-14 CC Regular Meeting Agenda.doc 4 Posted I 1-07-14
CITY COUNCIL MEETING
SIGN IN SIIEET
DATE:
Please sign -in as a record of attendance. All persons desiring to address the council are
requested to sign below and fill out an Opinion/Speaker Registration Form. Please hand
the Opinion/Speaker Registration Form to the City Secretary prior to the start of the City
Council Meeting.
NAME
ADDRESS
zruna s ISJ�S �-�
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: November 13, 2014
Staff Contact: City Manager
Exhibits:
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:
November 13, 2014
City Manager
CITY OF ANNA,TEXAS
AGENDA SUBJECT: Citizen comments.
Item No. 3
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
November 13, 2014
City Manager
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: November 13, 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:
November 13, 2014
City Manager
AGENDA SUBJECT: Recognition of 2014 Anna Citizen Academy Graduates. (City Council)
SUMMARY:
STAFF RECOMMENDATION:
CITY OF ANNA,TEXAS
Item No. 6
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
November 13, 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 "Oak Hollow PH 6" amending plat.
(Maurice Schwanke)
b. Approve a Resolution regarding "Westfield Addition Phase 3" site
plan. (Maurice Schwanlce)
STAFF RECOMMENDATION:
Staff recommends approval of the consent items.
CITY OF ANNA, TEXAS
Item No. iwdu
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
AGENDA SUBJECT:
Approve a Resolution regarding "Oak Hollow PH 6" amending plat.
Yes
11/13/14
Maurice Schwanke
SUMMARY:
The purpose of this plat is to remove a 15 foot side yard setback that was inadvertently
placed on the east interior side yard of these two lots. The normal side yard setback is
5' according to the approved Planned Development for this property.
STAFF RECOMMENDATION: Approval of the amended plat
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "OAK HOLLOW PHASE 6" AMENDED
PLAT" LOCATED IN ANNA'S CITY LIMITS GENERALLY NORTH OF REDBUD DRIVE AND SOUTH OF
SABLEWOOD DRIVE AND IS SUBJECT TO THE SUBDIVISION RULES AND REGULATIONS AS SET
FORTH IN THIS RESOLUTION.
WHEREAS, In order to provide for the orderly development of land within the Anna city limits and
extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has
adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval of Final Plat
The City Council of the City of Anna, Texas hereby approves the amended plat of Oal< Hollow Phase
6 by approving the eastern side yard setback be changed from 15' to 5' as established by the
existing Planned Development approved by Ordinance Number 50-2003,
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 14t" day of
November, 2014.
Natha Wilkison, City Secretary
1
Mayor, Mike Crist
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CITY OF ANNA, TEXAS
Item No. 6 �DJ
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
AGENDA SUBJECT:
Approve a Resolution regarding "Westfield Addition PH 3" site plan.
SUMMARY:
11/13/14
Maurice Schwanke
Yes
This proposed site plan changes the approved front elevations of the retail center.
When the original site plan for this property was submitted the two center buildings
were proposed to have an architectural archway between them. Since the development
of the second building the ownership has changed so that the owner of the existing east
center building is not the same as the proposed west center building and joining the two
buildings with the archway way is problematic in terms of maintenance, ownership and
structural considerations.
STAFF RECOMMENDATION: Approval of the revised site elevation.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "WESTFIELD ADDITION PHASE 3"
SITE PLAN" LOCATED IN ANNA'S CITY LIMITS GENERALLY SOUTH OF WEST WHITE STREET AND
WEST OF WESTFIELD DRIVE AND IS SUBJECT TO THE ZONING REGULATIONS ASSET FORTH IN THIS
RESOLUTION.
WHEREAS, In order to provide for the orderly development of land within the Anna city limits, the
City Council of the City of Anna, Texas (the "City Council") has adopted Part III-C of the Anna City
Code of Ordinances ("Zoning 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 Site Plan
The City Council of the City of Anna, Texas hereby approves the site plan of Westfield Addition
Phase 3 with new elevation of structures.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 14th day of
November, 2014.
ATTEST:
Natha Wilkison, City Secretary
APPROVED:
Mayor, Mike Crist
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CITY OF ANNA, TEXAS
AGENDA SUBJECT:
Item NO. 7
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
11/13/14
Maurice Schwanke
Yes
Public Hearing: For City Council to hear public comment regarding the proposed
rezoning of The Villages of Hurricane Creek from "PD" — single family residential to "PD"
— single family residential.
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%
TOTAL
163.7
654
4.00
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%
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.
A public hearing was opened and continued at the City Council on October 21.
STAFF RECOMMENDATION: Hold open and continuing the public hearing until 7:30 pm
on December 9, 2014.
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 ("Clty 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
PURPOSE AND INTENT
A. Purpose and Intent: This zoning submittal addresses the disposon 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 Creelc 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)
F7
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 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 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 Clerl< 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 Creel< Concept Plan (Exhibit B): The graphic plan for The Villages of
Hurricane Creelc that establishes and delineates the respective PD sustricts 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, 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
govern.
III. 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 4zF-84 (70' x 120'1:
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.
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
I�
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:
Masonry (Brick or rocl<veneer):
5 feet minimum
15 feet minimum (45 feet where adjacent to
single Family or duplex residential District)
70 feet minimum;
building line)
120 feet minimum
80%
(measured at the front
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-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 31--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. Parl<, 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
9
6. Area Regulatlons: 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:
Masonry (Bricl<or rocl<veneer)
s
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
FROM
(measured at the front
7. Parl<in
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).
10
C. Lot Type SF-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:
a. Single family dwelling, detached;
b. Community center (public and private);
c. Parl<, 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.
I1
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.
6.
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
An
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%
Parl<in� 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. Siens: 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:
a. Single family dwelling, detached;
b. Community center (public and private);
c. Parl<, 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.
13
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 sl<y 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)
14
Lot Depth: 150 feet minimum
Masonry (Brick or rock veneer): 80%
7. Parl<int2 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%
TOTALI
163.7
654
4.00
44.5%
OPEN SPACE
148.7
40.4%
FIRE STATION
2.5
0.7%
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 Creel< 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.
ff
B. Screening and Fences: All development within The Villages of Hurricane Creelc 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 Creelc 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 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.
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:
Natha Willcison, City Secretary
APPROVED:
Mike Crist, Mayor
20
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 02048'1511E, 1930.31 feet;
THENCE N 890521S511E, 465.63 feet;
THENCE N 89°15'321)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 89011'00"E, 794.06 feet;
THENCE S 00010'57"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°44'50"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
CONCEPT PLAN
23
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CITY OF AN NA, TEXAS
Item No. 8
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
Yes
November 13, 2014
City Manager
AGENDA aUDJLCI:
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 the 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.
Staff and the developer are continuing their discussions regarding the creation of the
PID. It is currently anticipated that the action items for the creation of the PID will be
ready for consideration by the Council in December or January.
STAFF RECOMMENDATION:
A public hearing on this issue was opened on September 23 and held open until the
current meeting. To comply with the hearing requirements under Chapter 372, once all
interested persons have had an opportunity to comment on the PID, staff recommends
that the Council approve a motion to hold open and continue the public hearing on
December 9, at 7:30 p.m.
CITY OF ANNA, TEXAS
Item No. 9
City Secretary's use only
City Council Agenda
Staff Report
Date: November 13, 2014
Staff Contact: City Manager
Exhibits: Yes
AGENDA SUBJECT:
Consider/Discuss/Action regarding a Resolution approving an Interlocal Agreement with
Collin County for the construction of Ferguson Parkway.
SUMMARY:
The development of Lakeview Estates located just south of Rattan Elementary will
require certain improvements to Ferguson Parkway (CR 367) to be constructed by the
developer Bloomfield Homes. In order to maximize the developer's investment in
Ferguson Parkway, Staff is recommending that funds designated for Ferguson Parkway
in the 2007 Collin County Bond program be used to expand the scope of the Ferguson
Parkway project that would otherwise be built with the developer acting alone.
The attached Interlocal Agreement with Collin County would allow the City to access
$576,875 from the 2007 County Bond Program to construct four lanes of Ferguson
Parkway from FM 455 to Lake View Estates. The Agreement authorizes the County to
reallocate the funds original designated for Rosamond Parkway ($259,875) and
($20,000) of the FM 455 funding to the Ferguson Parkway project.
The total cost of the project is estimated at $1,135,640. County Bond funds would cover
one-half of that cost, and the Lakeview Estates developer will fund the other half. A
portion of the developer's half will be reimbursed by the City through a Chapter 380
Economic Development Agreement as the Lakeview Estates subdivision is built out over
time.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution and Agreement.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN INTERLOCAL
AGREEMENT WITH COLLIN COUNTY FOR THE CONSTRUCTION OF FERGUSON
PARKWAY.
WHEREAS, the County of Collin, Texas ("County") and the City of Anna, Texas ("City")
desire to enter into an agreement concerning the design and construction of
improvements to Ferguson Parkway (the "Project") in Anna, Collin County, Texas; and
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 2007 Bond Program allocated $297,000 to Ferguson Pkwy, bond
project #07-012; and
WHEREAS, the 2007 Bond Program allocated $259,875 to Rosamond Pkwy from SH 5
to US 75, Bond Project 07-010; and
WHEREAS, the 2007 Bond Program allocated $260,000 to FM 455 from US to East
Fork Creek, Bond Project 1;07-011.
WHEREAS, The City desires to reallocate the Rosamond funding ($259,875) and
($201000) of the FM 455 funding to the 2007 Bond Project #07-012, Ferguson Parkway
from FM 455 to Lakeview Estates; and
WHEREAS, the City and County have determined that the improvements may be
constructed most economically by implementing this agreement;
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 3. Approval of Interlocal Agreement.
The City Council hereby approves the Interlocal Agreement attached hereto as Exhibit
1, and authorizes, ratifies and approves the City Manager's execution of same. The
City Manager is hereby authorized to execute all documents and to take all other
actions necessary to finalize, act under, and enforce the amended Agreement.
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 2
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the
13th day of November, 2014.
ATTEST:
Natha WilkisonI City Secretary
APPROVED:
Mayor, Mike Crist
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 2
INTERLOCAL AGREEMENT
BETWEEN COLLIN COUNTY AND THE CITY OF ANNA
CONCERNING THE CONSTRUCTION OF FERGUSON PARKWAY FROM FM 455 TO
LAKEVIEW ESTATES IMPROVEMENTS
2007 BOND PROJECT #07AI2
WHEREAS, the County of Collin, Texas ("County") and the City of Anna, Texas ("City") desire to enter
into an agreement concerning the design and construction of improvements to Ferguson Parkway (the
"Project") in Anna, Collin County, Texas; and
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 2007 Bond Program allocated $297,000 to Ferguson Pkwy, bond project #07-012; and
WHEREAS, the 2007 Bond Program allocated $259,875 to Rosamond Pkwy from SH 5 to US 75, Bond
Project 07-010; and
WHEREAS, the 2007 Bond Program allocated $260,000 to FM 455 from US to East Fork Creek, Bond
Project #07-011.
WHEREAS, The city requests to reallocate the Rosamond funding ($259,875) and ($20,000) of the FM
455 finding to the 2007 Bond Project 07-012, Ferguson Parkway from FM 455 to Lakeview Estates; and
WHEREAS, the City and County have determined that the improvements may be constructed most
economically by implementing this agreement.
NOW, THEREFORE, this agreement is made and entered into by the Comity and the City upon and for
the mutual consideration stated herein.
WITNESSETH:
ARTICLE I.
The City shall arrange to construct improvements to Ferguson Parkway, hereinafter called the
"Project". The Project shall consist of design and construction of rivo additional lanes from FM 455 south
to Rattan Elementary. The Project will design and construct a 44ane divided section from Rattan
Elementary to Lakeview Estates. The Project will design and construct two lanes across the frontage of
Lakeview Estates. The Project is a total distance of approximately 3,800 feet. All improvements shall be
designed to meet or exceed the current Collin County design standards and shall be constructed in
accordance with the plans and specifications approved by the City.
ARTICLE II.
The City shall review and approve the plans and specifications for the improvements, review
construction bids and approve the amount of the construction contract price for the improvements. In all
such activities, the City shall comply with all state statutory requirements. The City shall provide the
County with a copy of the construction contract(s) for the Project.
ARTICLE III.
The City shall acquire all right -of --way that is necessary for the construction of the Project.
ARTICLE IV.
1
The City estimates the total actual cost of the project to be $15153,7500 The County agrees to fiord
one half of the total cost to construct the improvements. The fiords are available from the 2007 Bond
Project #07-012, Ferguson Pkway in the amount of $297,000, from 2007 Bond project #07-010, Rosamond
Pkwy in the amount of $259,875 and from 2007 Bond Project #07-011, FM 455 in the amount of $20,000
for a total not to exceed $576,875. The County shall remit $576,875 to the City within thirty (30) days
after the City has authorized execution of the construction contract and issued a Notice to proceed to the
selected contractor, whichever occurs later. Following completion of the Project, the City shall provide a
final accounting of expenditures for the Project. If the actual cost to construct the Project is less than the
estimated amount set forth herein, the City shall remit the County 50 percent of the difference between the
estimated cost and the actual cost. The Commissioners Court may revise this payment schedule based on
the progress of the Project. The "total cost of the Project" shall include land acquisition, engineering,
construction, inspection, testing, street lighting, and construction administration costs including
contingencies.
ARTICLE V.
The County's participation in the Project shall not exceed $576,875.
ARTICLE VI.
The City shall prepare for the County an itemized statement specifying Project costs that have
been incurred to date and submit detailed Project cost and progress reports every thirty (30) days until
Project completion.
ARTICLE VII.
The City and County agree that the party paying for the performance of governmental functions or
services shall make those payments only from current revenues legally available to the paying party.
ARTICLE VIII.
INDEMNIFICATION. TO THE EXTENT ALLOWED BY LAW, EACH PARTY AGREES TO
RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OTHER (AND ITS OFFICERS,
AGENTS, AND EMPLOYEES) FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR
INJURIES (INCLUDING DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE), AND ANY
OTHER LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING ATTORNEYS'
FEES AND EXPENSES, IN ANY WAY ARISING OUT OF, RELATED TO, OR RESULTING FROM
ITS PERFORMANCE UNDER THIS AGREEMENT, OR CAUSED BY ITS NEGLIGENT ACTS OR
OMISSIONS (OR THOSE OF ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, OR ANY
OTHER THIRD PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE) IN CONNECTION WITH
PERFORMING THIS AGREEMENT.
ARTICLE IX.
VENUE. The laws of the State of Texas shall govern the interpretation, validity, performance and
enforcement of this agreement. The parties agree that this agreement is performable in Collin County,
Texas and that exclusive venue shall he in Collin County, Texas.
ARTICLE X.
SEVERABILITY. The provisions of this agreement are severable, If any paragraph, section,
subdivision, sentence, clause, or phrase of this agreement is for any reason held by a court of competent
jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law,
2
the remaining portions of the agreement shall be enforced as if the invalid provision had never been
included.
ARTICLE XI.
ENTIRE AGREEMENT. This agreement embodies the entire agreement between the parties and
may only be modified in a writing executed by both parties.
ARTICLE XII.
SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the parties hereto, their
successors, heirs, personal representatives and assigns. Neither party will assign or transfer an interest in
this agreement without the written consent of the other party.
ARTICLE XIII.
IMMUNITY. It is expressly understood and agreed that, in the execution of this agreement,
neither party waives, nor shall be deemed hereby to have waived any immunity or defense that would
otherwise be available to it against claims arising in the exercise of governmental powers and functions.
By entering into this agreement, the parties do not create any obligations, express or implied, other that
those set forth herein, and this agreement shall not create any rights in parties not signatories hereto.
ARTICLE XIV.
TERM. This agreement shall be effective upon execution by both parties and shall continue in
effect annually until final acceptance of the Project. This agreement shall automatically renew annually
during this period.
APPROVED AS TO FORM:
By:
Name:
Title:
Date:
ATTEST:
By:_
Name:
Title:
Date:
Natha Wilkison
City Secretary
APPROVED AS TO FORM:
3
COUNTY OF COLLINTEXAS
,
Name
Title:
Date:
Keith Self
County Judge
Executed on this day of ,
2014, by the County of Collin,
pursuant to Commissioners' Court
Order No.
CITY OF ANNA, TEXAS
Name:
Title:
Philip Sanders
City Manager
Date:
Executed on behalf of the City of
Anna pursuant to City Council
Resolution No.
By:
Name:
Title:
Date:
Clark McCoy
City Attorney
4
CITY OF ANNA, TEXAS
Item No. I
City Secretary's use only
City Council Agenda
Staff Report
Date: November 13, 2014
Staff Contact: City Manager
Exhibits: Yes
AGENDA SUBJECT:
Consider/Discuss/Action regarding a Resolution approving an Economic Development
Agreement with Bloomfield Homes, L.P., for the construction of Ferguson Parkway,
SUMMARY:
The development of Lakeview Estates located just south of Rattan Elementary will
require certain improvements to Ferguson Parkway (CR 367) to be constructed by the
developer Bloomfield Homes. In order to maximize the developer's investment in
Ferguson Parkway, Staff is recommending that funds designated for Ferguson Parkway
in the 2007 Collin County Bond program be used to expand the scope of the Ferguson
Parkway project that would otherwise be built with the developer acting alone.
The total cost of the project is estimated at $1,135,640. County Bond funds would cover
one-half of that cost, and the Lakeview Estates developer will fund the other half up
front. A portion of the project being funded by the developer up front (estimated at
$198,493) is not part of the Ferguson Parkway improvements that the developer would
normally be obligated to build.
In consideration of the developer's willingness to construct these improvements, the
attached Chapter 380 Economic Development would reimburse the developer an
estimated $198,393 over time as the Lakeview Estates subdivision is built out.
Payments would be made annually in amounts equal to the amount of property taxes
levied and collected by the City for a given year on the increased value (above the
current 2014 values) of the lots located in the Lakeview Estates subdivision. The annual
payments would terminate when the amount owed the developer (estimated at
$198,393) is paid, or in 15 years, whichever occurs first.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution and Agreement.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AN ECONOMIC
DEVELOPMENT AGREEMENT WITH BLOOMFIELD HOMES, L.P., FOR THE
CONSTRUCTION OF FERGUSON PARKWAY.
WHEREAS, the City of Anna, Texas ("City") and Bloomfield Homes, L.P. ("Grantee")
desire to enter into a cooperative agreement to fund the construction of a portion of
Ferguson Parkway ("Program"); and,
WHEREAS, the City has established guidelines and criteria for economic incentive
programs authorized by Texas law and approved by the City Council, including those
authorized by Chapter 380 of the Texas Local Government Code, to promote state or
local economic development and to stimulate business and commercial activity in the
City; and
WHEREAS, the City finds that the Program set forth in this Agreement will promote
state or local economic development and stimulate business and commercial activity in
the City; and
WHEREAS, the Grantee has made application to the City for consideration of economic
incentives in accordance with the City's established guidelines and criteria;
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 3. Approval of Economic Development Agreement.
The City Council hereby approves the Economic Development 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 amended
Agreement.
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 2
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the
13t" day of November, 2014.
Natha Wilkison, City Secretary
APPROVED:
Mayor, Mike Crist
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 2
City of Anna,
County of Collin,
State of Texas.
Economic Development Agreement
This Economic Development Agreement (this "Agreement") is entered into by and
between the City of Anna, Texas, (the "C"), a home rule municipal corporation of the
State of Texas, and Bloomfield Homes, L.P., a Texas limited partnership (the
"Grantee"), for the purposes and consideration stated below.
RECITALS
Whereas, the City has established guidelines and criteria for economic incentive
programs authorized by Texas law and approved by the City Council, including those
authorized by Chapter 380 of the Texas Local Government Code, to promote state or
local economic development and to stimulate business and commercial activity in the
City; and
Whereas, the City finds that the Program set forth in this Agreement will promote
state or local economic development and stimulate business and commercial activity in
the City, and
Whereas, the Grantee has made application to the City for consideration of
economic incentives in accordance with the City's established guidelines and criteria;
Now, therefore, in consideration of the mutual benefits and promises contained
herein and for other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the parties agree as follows:
SECTION 1.
AUTHORIZATION
This Agreement is authorized by Chapter 380 of the Texas Local Government
Code, and by Resolution No. of the City.
SECTION 2.
DEFINITIONS
2.1. "Captured Appraised Value" for any given year means the total taxable value of
the Property taxable by the City for that year less the Tax Increment Base.
2.2. "Grantee" means Bloomfield Homes, L.P., and all companies or entities under
common control with, controlled by or controlling Bloomfield Homes, L.P. For
purposes this Agreement, the term "control" shall mean the ownership of fifty
percent (50%) or more of the Grantee as determined by vote or value. Only
Bloomfield Homes, L.P. shall be entitled to receive Program Grants under this
Agreement.
2.2.1 "Grantee's Share" means the cost of the Project for two lanes of Ferguson
Parkway located adjacent to the Property as generally reflected in Exhibit D
attached hereto and incorporated herein by reference.
2.3. "Incentive Amount" means the sum of the following: 1) an amount equal to one-
half of the total cost of the Project; plus 2) an amount equal to one-half of the total
cost of the Project less the amount equal to the Grantee's Share of the Project.
The Incentive Amount granted under this Agreement by the City to Grantee shall
be based on the actual cost of the Project as determined by the contract price(s) of
the construction contracts approved in accordance with Section 4.6 of this
Agreement. Any additional Project costs that exceed the contract price(s) of the
construction contracts approved in accordance with Section 4.6 of this Agreement
that are a result of change orders to the construction contracts for the Project and
that are requested in writing by the City Manager, shall be added to the Incentive
Amount.
2.4. "Program" means the economic incentive program established by the City
pursuant to Chapter 380 of the Texas Local Government Code.
2.5. "Program Grants" means the amounts paid by the City in accordance with
Section 4 of this Agreement.
2.6. "Project" means the design and construction of a portion of Ferguson Parkway
located within the City, and described more particularly in Exhibit A, that
complies with all applicable City regulations including the City's zoning
ordinance, building codes, design standards, and other development regulations.
2.7. "Pro er "means the 53.960 acre real property that is planned for a new
residential development commonly known as Lakeview Estates, said tract being
described more particularly in Exhibit B attached hereto and incorporated herein
as if set forth in full.
2.8. "Tax Increment" for any given year means the amount of property taxes levied
and collected by the City for that year on the Captured Appraised Value of the
Property.
2.9. "Tax Increment Base" means the total taxable value of the Property that is
taxable by the City for the year 2014 as reflected on Exhibit C attached hereto
and incorporated herein by reference.
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SECTION 3.
EFFECTIVE DATE AND TERM
3.1. The "Effective Date" of this Agreement is the date that the last of the Parties'
signatures to this Agreement is fully and properly affixed to this Agreement and
acknowledged by a notary public. The City's duties and obligations hereunder
shall not arise unless and until the City Council has duly adopted this Agreement
and the Grantee has duly executed same..
3.2. This Agreement shall remain in effect until the earlier of the following: (i) until
the City has paid the Program Grants set forth in Section 4 of this Agreement in a
total amount that equals the Incentive Amount, (ii) until this Agreement expires,
or (111) until otherwise terminated under the provisions of this Agreement.
SECTION 4.
PROGRAM GRANTS AND CONSTRUCTION CONTRACTS
4.1. The City shall pay Program Grants to the Grantee, the total of which shall not
exceed the Incentive Amount.
4.2. The City shall pay to the Grantee Program Grants payments equal to one-half of
the total cost of the Project. Disbursements shall be based on draw requests
signed by Grantee and approved by the City. Each draw request shall be
reviewed by the Director of Public Works for the City, or such other designated
agent or representative for the City. Upon approval by the City of any such draw
request, the City shall release to the Grantee a Program Grants payment for that
portion of the Project covered by the draw request. Program Grants disbursed
under this Section 4.2 shall not exceed one-half of the total cost of the Project.
4.3. The remaining Program Grants due to Grantee pursuant hereto but not paid to
Grantee pursuant to Section 4.2 of this Agreement are due to be paid to Grantee
annually, beginning in the year , on the later of January 31 or 90 days after
the delinquency date for property taxes for said year. The remaining Program
Grants shall be paid annually until the total sum of Program Grants equals the
Incentive Amount.
4.4. The amount of the remaining Program Grants to be paid to Grantee pursuant
hereto for each year pursuant to Section 4.3 shall be calculated for each year as,
and shall be equal to, 100% of the Tax Increment for such year.
4.5. Notwithstanding any other provision of this Agreement, the Agreement and the
parties' obligations hereunder shall expire on December 31 in the year that is
fifteen years following the Effective Date even if the total amount of all Program
Grants paid to the Grantee are less than the Incentive Amount.
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4.6 The Parties acknowledge that the construction contracts for the Project have not
been awarded as of the Effective Date. Therefore, certain contract prices have not
yet been determined. Before entering into any construction contract for the
construction of all or any part of the Project the Parties agree as follows.
(a) Grantee's engineers shall prepare, or cause the preparation of, and submit to
the City all contract specifications and necessary related documents, including
but not limited to the proposed construction contract showing the negotiated
total contract price and scope of work.
(b) Grantee shall submit all such documents along with a written notice of
intention to let a construction contract at least 20 days in advance of the date
that Grantee intends to execute such contract.
(c) Within 15 days after receipt of the written notice and associated documents,
the City Manager may: (1) approve the amount of the contract price and
provide written notice to Grantee that the Grantee may execute the
construction contract; or (2) require that the contract be procured through
competitive bidding or competitive sealed proposals ("Competitive
Procurement"). If the City fails to notify Grantee within such 15 day period,
the City shall be deemed to have approved the contract price and authorized
Grantee to execute the construction contract as provided in Section 4.6((c)(1)
above.
(d) In order to require Competitive Procurement, the City must provide the
Grantee with written notice of said requirement within 15 days of delivery to
the City of the written notice described in Section 4.6(b) above.
(e) If the City Manager requires Competitive Procurement, then the Grantee
must: (i) advertise for and award the contract in the same manner set forth for
competitive sealed bids or competitive sealed proposals Local Government
Code Chapter 252 as if the City were pursuing a public improvement contract
subject to said Chapter 252 as approved by the City Manager; and (ii) supply
the City with true and complete copies of all notices of bid/proposal requests
and all bids/proposals subsequently received.
(f) The City Manager reserves the right to cause Grantee to reject all bids and re -
advertise, but the City Manager may do so only once for each construction
contract sought by the Grantee.
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SECTION 5.
GRANTEE'S OBLIGATIONS
5.1. Within 18 months of the Effective Date subject to Force Majeure, Grantee shall
complete in a good and workmanlike manner construction of the Project and
tender all associated dedications of easements, rights of way and/or land included
in the Project from the Property to the City at no cost to the City as determined to
be necessary by the City, subject to the provisions of this Agreement.
SECTION 6.
DEFAULT AND TERMINATION PROVISIONS
6.1. If either party should default (the "Defaulting Party") with respect to any of its
obligations hereunder and should fail within 60 days after receipt of written notice
of such default from the other party (the "Complaining Party") to cure such
default, then the Complaining Party, by action or proceeding at law, may be
awarded damages for such default; provided, further, that (i) the Grantee agrees
that its damages shall be limited to any unpaid Program Grants owed to it by the
City under this Agreement at the time of expiration of any such 60-day period to
cure, and (ii) the City agrees that its damages shall be limited to the applicable
amounts set forth in Section 6.3 and Section 6.4 of this Agreement.
6.2. Should the Grantee fail to meet the obligations stated in Section 5 of this
Agreement, the City shall have the right to terminate this Agreement upon 30
days written notice if the Project is not substantially completed within the 60 day
cure period set forth in Section 6.1 above.
6.3. Should the Grantee terminate or cause the termination of this Agreement, the City
shall have no obligation after the termination date to pay Program Grants as might
otherwise be required under this Agreement.
6.4. In the event that any not of the Legislature or any law, order, rule or regulation of
any state or federal administrative or judicial entity, nullify the terms of this
Agreement, or otherwise preclude the performance of this Agreement by either
party, then (a) the City shall not require Grantee to repay any portion of the
Program Grants received prior to the date this Agreement is nullified, and (b)
Grantee shall not require the City to make further Program Grant payments after
the date this Agreement is nullified.
6.5. Force Ma'e�. If the City or the Grantee are prevented, wholly or in part, from
fulfilling their respective obligations under this Agreement by reason of any act of
God, unavoidable accident, material or labor shortages, governmental delays, acts
of enemies, fires, floods, governmental restraint or regulation, other causes of
force majeure, or by reason of circumstances beyond its control (all of the
foregoing are collectively referred to as "Force Maieure"), then the obligations
of the City or Grantee are temporarily suspended during continuation of the Force
\\Bdnt-fs ]\NNpprolaw\2993.018\263946_2.doc 5
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Majeure and all deadlines shall be extended for the period of Force Majeure. If
either party's obligation is affected by any of the causes of Force Majeure, the
party affected shall promptly notify the other party in writing, giving full
particulars of the Force Majeure as soon as reasonably possible after the
occurrence of the cause or causes relied upon.
SECTION 7.
MUTUAL ASSISTANCE
7.1. The City and the Grantee shall do all things necessary or appropriate to carry out
the terms and provisions of this Agreement, and to aid and assist each other in
carrying out such terms and provisions.
7.2. The Grantee hereby consents to and agrees to cooperate in any request by the City
to acquire any easements, rights of way and/or land that are necessary as
determined by the City for the Project.
SECTION 8.
REPRESENTATIONS AND WARRANTIES
8.1. The City represents and warrants that:
(a) The City is a municipal corporation duly organized, validly existing under
and by virtue of the laws of the State of Texas;
(b) The City has approved this Agreement by Resolution at a public meeting
properly noticed under the provisions of the Texas Open Meetings laws;
and
(c) The City knows of no litigation, proceedings, initiative, referendum,
investigation, or the threat of any of the same, contesting the powers of the
City or its officials with respect to this Agreement that has not been
disclosed in writing to the Grantee.
8.2. The Grantee represents and warrants that:
(a) Bloomfield Homes, L.P. is a Texas limited partnership validly existing
under• the laws of the State of Texas, is in good standing, and has the
power and authority to own its properties and to carry on the business as
presently conducted and as represented in this Agreement; and
(b) This Agreement has been duly authorized, executed and delivered by
Bloomfield Homes, L.P., and Bloomfield Homes, L.P. has all the requisite
corporate power and authority to execute, deliver, and perform this
Agreement; and this Agreement constitutes a valid and binding obligation
\\Bdnt-fs 1 h�pprolaw\2 993.018\263946_2.doc 6
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of Bloomfield Homes, L.P., as Grantee, and is enforceable in accordance
with its terms and conditions; and
(c) The Grantee knows of no gation, proceedings, initiative, referendum,
investigation, or the threat of any of the same, contesting the powers of the
City or its officials with respect to this Agreement that has not been
disclosed in writing to the City
SECTION 9.
LIMITATION ON LIABILITY
9.1. It is understood and agreed between the parties that the Grantee and City, in
satisfying the conditions of this Agreement, have acted independently, and the
City assumes no responsibilities or liabilities to third parties in connection with
these actions. This Agreement is not a contract for goods or services as defined
under Texas Local Government Code § 271.151. Grantee's sole remedy in the
event of the City's breach of this Agreement is to seek specific performance of the
City's obligations hereunder, including interest, and Grantee and the City each
expressly waives any remedy for attorney's fees under any statute or cause of
action.
SECTION 10.
SEVERABILITY
10.1. Should any provision of this Agreement be held to be invalid, illegal or
unenforceable in any respect, such invalidity, illegality or unenforceability shall
not affect any other provision of this Agreement.
10.2. In lieu of each and any invalid provision, there shall be added to this Agreement a
new provision containing as similar terms as may be possible and yet be valid,
legal and enforceable.
SECTION 11.
INTERPRETATION AND FAIR CONSTRUCTION OF THE CONTRACT
11.1. This Agreement has been reviewed and approved by each of the Parties. In the
event it should be determined that any provision of this Agreement is uncertain or
ambiguous, the language in all parts of this Agreement shall be in all cases
construed as a whole according to its fair meaning and not strictly construed for or
against either Party.
11.2. Section or other headings contained in this Agreement are for reference purposes
only and shall not affect in any way the meaning or interpretation of this
Agreement.
\\Bdnt-fsl\NNPprolaw\2993.018\263946_2.doc 7
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SECTION 12.
DISPUTE RESOLUTION AND VENUE
121. This Agreement is made, and shall be construed and interpreted under the laws of
the State of Texas, and exclusive jurisdiction and venue for any legal action shall
lie in Collin County, Texas. The City and the Grantee agree that all claims,
disputes, and controversies arising out of or in relation to the performance,
interpretation, application, or enforcement of this agreement, including but not
limited to breach thereof, shall be referred to mediation before, and as a condition
precedent to, the initiation of any adjudicative action or proceeding; provided,
however, there shall be no requirement to mediate after a party provides written
notice to the other party of its request to mediate and a mediation is not scheduled
within 30 days after the mailing of such notice.
SECTION 13
MISCELLANEOUS
13.1. This Agreement and the Subdivision Improvement Agreement contains the entire
agreement between the parties with respect to the Project contemplated herein.
13.2. This Agreement may only be amended, altered, or revoked by written instrument
signed by the Grantee and the City.
13.3. Any notice and/or statement required and permitted to be delivered shall be
deemed delivered by depositing the same in the United States mail, certified with
return receipt requested, postage prepaid, addressed to the appropriate party at the
following addresses, or at such other addresses provided by the parties in writing.
GRANTEE:
Bloomfield Homes, L.P.
Attn: Donald J. Dykstra, President
1050 E Hwy 114, Suite 210
Southlake, TX 76092
With a copy to:
Bellinger & Suberg, L.L.P.
Attn: Glen A. Bellinger
10,000 N. Central Expressway, Suite 900
Dallas, TX 75231
CITY:
City of Anna
Attn: Philip Sanders, City Manager
111 N. Powell Plcwy, P.O. Box 776
Anna, Texas 75409-0776
\\Bdnt-fs 1 \wpprolaw�2993.018�263946_2.doc g
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��
13.4. This Agreement is governed by and is to be construed and enforced in accordance
with the laws of the State of Texas and of the United States. The parties agree and
consent to the jurisdiction of and venue in the District Courts of Collin County,
Texas, and of the United States District Court for the Eastern District of Texas
and acknowledge that such courts shall constitute proper and convenient forums
for the resolution of any actions among the parties with respect to the subject
matter hereof.
13.5. This Agreement may be executed in multiple counterparts, each of which shall be
considered an original, but all of which shall constitute one instrument.
13.6. The terms and conditions of this Agreement are binding upon the successors and
permitted assigns of the parties hereto. This Agreement may not be assigned
without the express written consent of Grantor, which approval shall not be
unreasonably withheld or delayed.
�RE�IIAINDER OF THIS PAGE INTENTIONALL I' LEFT BLANK
\\Bdnt-fs t \wpprolaw�2993.018�263946_2.doc 9
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SIGNATURES:
BLOOMFIELD HOMES, L.P.,
a Texas limited partnership
CITY OF ANNA
By: Bloomfield Properties, Inc., By:
a Texas corporation, its General
Partner
By:
Donald J. Dykstra, its President
IN WITNESS WHEREOF:
STATE OF TEXAS §
COUNTY OF §
Philip Sanders, City Manager
Before me, the undersigned notary public, on the day of ,2014,
personally appeared Donald J. Dykstra, known to me (or proved to me) to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same in his capacity as President of Bloomfield Properties, Inc., a Texas
corporation, as General Partner of Bloomfield Homes, L.P., a Texas limited partnership,
and on its behalf.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF §
Before me, the undersigned notary public, on the day of ,2014,
personally appeared Philip Sanders, known to me (or proved to me) to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same in his capacity as City Manager of the City of Anna and on behalf of
the City of Anna.
Notary Public, State of Texas
\\Bdnt-fsl\«pprolaw�2993.018�263946_2.doc 1
Last Revised: l0/30/14
DEPICTION AND/OR DESCRIPTION OF THE PROJECT
\\Bdnt-fsl\��Pprolaw�2993.018�263946_2.doc 11
Last Revised: 10/30/14
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DEPICTION AND/OR DESCRIPTION OF THE PROPERTY
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\\Bdnt-fsl\wpprolaw\2993.018\263946_2.doc I Z
Last Revised: 10/30/14
EXHIBIT C
TAX INCREMENT BASE FOR 2014
N n972,547,5020 Wig m m I' • t
Statement Date:
10130ROt4 �
Propmdy LoaaUan:
OOOOOW COUNTY ROAD 1036
Owner:
BLOOMFIELD HOMES LP
Acres:
50,6597
Mailing Address:
1060 E STATE IMY 114 STE 210
Legal:
AC*S A0656 JOSEPH.. SLATER SCHLUT
SOUTHLAY.E TX 76002 5265
ER SURVEY, TRACT 21, 50 6597 A
CRES
Exemptions:
IMPROVEMENT VALUE
IA1Y)AIARNET VALUE
- NON:NOMESITEW
V --
NON-HOMESITE IAND.-.
- AG VALUE
0
810,553
0
810$55
D
Taxing Entigas
-
Exomption Amount
Taxable Value
'Tax Rat¢ Par $100
8as¢ Tax
COLLIN COUNTY
0
810.655
0,235000
1904.80
ANNACITY
0
810,655
0.649000
5260,50
ANNA ISO
0
810.55E
1..540000
12482,55
...._..............._,.....___......._.__.._........ `�'.. Detach .'�'.... .......
Retum Wdh Payment
t3LOOMFIELO HOMES LP
1050 E STATE HWY 1 f 4 STE 210
SOUTHLAKE TX 76092.5255
\\Bdnt-fslh>.pprolaw�2993.018\263946_2.doc 13
Last Revised: 10/30/14
TOTAL BASE TAX 20.31218
PRIOR YEARS 0.00
TotalAmount Due 520,312.18
Property Acaunl
Number
R685600002101
TotalAmount Dua
$20,312.1
IF PAID
IN
AMOUNTOUE
NOV
$20,312.18
DEC
$20,312.18
$20.312./0
FE6
$21,734,04
AtAR
$220140.29
APR
Please Make Checks
Payablig To:
'Kenneth L.
Maun
Collin County
2� i Iu
Property lAccountMcKinney, TX 79071
Now 072,5474020
,
Y
Statement Date:
T0/3012014
Property Location:
0000000
Owner.
BLOONIFiELO HaNIES LP
Acres:
3.3
Milling Address:
607 POTOMAC PL
Legal:
ABS A0.44E JOSEPH SLATER SCHLUT
SOUTHLAKE U 7&W2,0326 ,
ER SURVEY. TRACT 46, 3,30 ACRE
S
Exemptions:_^-
1MPROVEtAENTVALUE
- LAND MARKET VAi.UE� �.
NON NONEBtM IMPRV .: .NON-HOMESITE IAttD '. AG VALUE
e
52,aC0
0
52,a40
p
Taxing Entities
Exemption Amount
Taxable Vaiva
Tax Rate Per $100
': 6asa Tax
COLLINCOUNTY
0
52.800
0.235M
0,00
ANNA CITY
0
52,800
0,649000
0.00
ANNA ISO
0
52.800
1.540000
0.00
TOTAL BASE TAX OAC
PRIOR YEARS 0.00
Total Amount Dua _ .� ' ' =p,pp .
--�—Detach . �:..---....._......... _.........,.
Return With Payment
BLOOAIFIELO NOMES LP
607 POTOMAC PL
SOUTHLAKE TX 76092-9326
\\Bdnt-fs I\��Pprolaw�2993.018�263946_2.doc 14
Last Revised: 10/30/14
Property Account Numbe�
R88560000460t
TotalAmountDtm
$0,00
IF PAID IN BtAOUNT DI IP
NOV
$0,00
DEC
S0.00
aw
$0.00
FEB
$000
MAR
$0.00
APR
MA.So Mak2 Checks Pa4ahla
i2•
! Kenneth L. Maun '
PROJECT COST BUDGET AND INCENTIVE AMOUNT
[See Attached]
\\Bdnt-fs i \wpprol aw\2993.018\263946_2.doc 15
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R�
CITY OF ANNA, TEXAS
Item No. I I
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Fvhihitc
November 13, 2014
City Manager
Yes
AGENDA SUBJECT:
Consider/Discuss/Action regarding a Resolution approving a Subdivision Improvement
Agreement for Lakeview Estates, Phase 1.
SUMMARY:
Lakeview Estates, Phase 1 is located south of Rattan Elementary on Ferguson Parkway
and will include 90 single family lots. The attached Subdivision Improvement
Agreement outlines the obligations of the developer and the City related to the
construction of roadway and park improvements that will be made in connection with
this development.
As part of the development, the owner, Bloomfield Homes, will construct four lanes of
Ferguson Parkway from FM 455 to the property, and two lanes of Ferguson Parkway
through the property. The funding obligations of the City and the developer with
respect to these improvements are outline in the Collin County ILA and the Chapter 380
Economic Development Agreement previously discussed.
The developer will also donate to the City land located along the eastern boundary of
the property and adjacent to Anna Lal<e as a city park to be named Lakeview Park. A
concept plan for the park was previously reviewed and approved by the City Council on
May 13, 2014. As part of the phase 1 development, the developer will construct certain
park improvements including a floating dock, 2 picnic tables, 4 park benches, and 2,340
linear feet of trail that connect Lakeview Park with Natural Springs Park. In
consideration of these improvements, the City will forego the collection of Park
Development Fees that would normally be paid on lots owned by the developer in the
Lakeview and West Crossing subdivisions in an amount equal to the cost of the phase 1
park improvements.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution and Agreement.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SUBDIVISION
IMPROVEMENT AGREEMENT FOR LAKEVIEW ESTATES, PHASE 1).
WHEREAS, the City of Anna, Texas (the y") and Bloomfield Homes L.P. ("Owner") desire
to enter into a Subdivision Improvement Agreement to address the dedication of parkland,
and the construction of certain roadway and park improvements in connection with the
construction of Lakeview Estates, Phase 1; and,
WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that approval of
this Agreement will benefit the City and is in the best interests of the citizens of Anna;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT.
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval of Agreement.
The City Council hereby approves the Subdivision Improvement Agreement attached hereto
as Exhibit 1, and authorizes, ratifies and approves the City Manager's execution of same.
The City Manager is hereby authorized to execute all documents and to take all other
actions necessary to finalize, act under, and enforce the Agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 13tn
day of November, 2014.
ATTEST:
Natha Wilkison, City Secretary
APPROVED:
Mayor, Mike Crist
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1
SUBDIVISION IMPROVEMENT AGREEMENT
This Subdivision Improvement Agreement (this "Agreement") is entered into between the City
of Anna, Texas (the "City") and Bloomfield Homes, L.P., a Texas limited partnership ("Owner").
WHEREAS, Owner and the City are sometimes collectively referenced in this Agreement as the
"Parties." or, each individually, as "Party"; and
WHEREAS, it is the Parties' mutual intent that this Agreement shall govern only the subject
matter specifically set forth herein and that this Agreement, and shall supersede any previous
agreement between the Parties and City Regulations only to the extent that any such
agreements or City Regulations directly conflict with the terms of this Agreement; and
WHEREAS, Owner owns and desires to develop a parcel or parcels of real property (the
"Property") in Collin County, Texas, which is composed of 53.960 acres of land located entirely
within the corporate limits of the City of Anna and is more particularly and separately or jointly
described in the attached Exhibit A; and,
WHEREAS, Owner acknowledges that the obligations undertaken under this Agreement are
primarily for the benefit of the Property; and,
WHEREAS, Owner understands and acknowledges that acceptance of this Agreement is not an
exaction or a concession demanded by the City but rather is an undertaking of Owner's
voluntary design to ensure consistency, quality, and adequate infrastructure that will benefit
Owner's development of the Property;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties
agree as follows:
���L�7►><i�l"rakfI1P3PL�Z�73Z� : e
The recitals set forth above are incorporated herein as if set forth in full to further describe the
Parties' intent under this Agreement and said recitals constitute representations by Owner and
the City.
SECTION 2 DEFINITIONS
City Code means the Anna City Code of Ordinances.
City Manager means the current or acting City Manager of the City of Anna or a person
designated to act on behalf of the City Manager if the designation is in writing and signed by
the current or acting City Manager.
City Regulations mean City Code provisions, ordinances, design standards, uniform codes, and
other policies duly adopted by the City.
SUBDIVISION IMPROVEMENT AGREEMENT —Page 1
Development means the new development on the Property that is the subject of this
Agreement.
Public Improvements mean, collectively, the following categories %J improvements that shall be
owned and maintained by the City: Roadway Facilities, and Park Facilities.
Park Development Fees means fees charged by the City to a developer or builder for the
general purpose of funding the construction of park facilities as described Part III -A, Article 4,
Section 5.03 (d), of the Anna City Code of Ordinances.
Parl< Facilities mean the following improvements to be constructed by the Owner in accordance
with design/construction plans to be approved by the City as described and/or depicted in
further detail in Exhibit E, (1) the Phase I Park Improvements described on Exhibit E as the
Slayter Creek Trail and Lake View Park Improvements.
Roadway Facilities mean the following improvements to be constructed by the Owner in
accordance with design/construction plans to be approved by the City: (1) the Ferguson
Parkway Roadway Improvements that are defined as "Project" in —and as described and/or
depicted in further detail in —Exhibit B.
SECTION 3 GENERAL PROVISIONS.
(a) Performance Bond, Payment Bond and Other Security. For each construction contract for
any part of the Public Improvements, Owner or Owner's contractor must execute a
performance bond in favor of the City, naming the City as an obligee, for the construction
and work covered by those contracts, which bonds shall be in accordance with Texas
Government Code, Chapter 2253 and applicable City Regulations. For each construction
contract for any part of the Public Improvements, Owner or Owner's contractor further
must execute a Maintenance Bond in accordance with applicable City Regulations that
guarantee the costs of any repairs which may become necessary to any part of the
construction work performed in connection with the Public Improvements, arising from
defective workmanship or materials used therein, for a full period of two (2) years from the
date of final acceptance of the Public Improvements constructed under such contract.
(b) Public Improvements, Generally. Except as otherwise expressly provided for in this
Agreement or in Exhibit B attached hereto, Owner shall provide all Public Improvements,
including streets, drainage, sidewalks, trails, street lighting, street signage, and all other
required improvements, at no cost to the City except as provided herein, in accordance
with City Regulations, and as approved by the City's engineer or his or her agent. Owner
shall cause the installation of such Public Improvements within all applicable time frames in
accordance with the City Regulations unless otherwise approved herein. Owner shall
provide engineering studies, plan/profile sheets, and other construction documents at the
time of platting as required by City Regulations. Such plans shall be approved by the City's
engineer or his or her agent prior to approval of a Final Plat. Construction of such
SUBDIVISION IMPROVEMENT AGREEMENT —Page 2
improvements shall not be initiated until a pre -construction conference has been held
regarding the proposed construction and City has issued a written notice to proceed.
(c) Acceptance of Public Improvements Cl"d Owner's Remedy. It shall not be a breach or
violation of the Agreement if the City withholds City utility services of any type that it is
obligated to provide under this Agreement or otherwise obligated to provide until all
required Public Improvements are properly constructed according to the approved
engineering plans and City Regulations, and until such Public Improvements are dedicated
to and accepted by the City. From and after the inspection and acceptance by the City of
the Public Improvements and any other dedications required under this Agreement, such
Public Improvements and dedications shall be owned by the City. Owner's sole remedy for
nonperformance of this Agreement by the City shall be to seek specific performance and
payment pursuant to the terms of this Agreement.
(d) Approval of Plats/Plans. Approval by the City, the City's Engineer or other City employee or
representative, of any plans, designs or specifications submitted by Owner pursuant to this
Agreement or pursuant to City Regulations shall not constitute or be deemed to be a
release of the responsibility and liability of Owner, his engineer, employees, officers or
agents for the accuracy and competency of their design and specifications. Further, any
such approvals shall not be deemed to be an assumption of such responsibility and liability
by the City for any defect in the design and specifications prepared by Owner's engineer,
his officers, agents, servants or employees, it being the intent of the parties that approval
by the City's engineer signifies the City's approval on only the general design concept of the
improvements to be constructed.
(e) Insurance. Owner or its contractors) shall acquire and maintain, during the period of time
when any of the Public Improvements are under construction (and until the full and final
completion of the Public Improvements and acceptance thereof by the City): (a) workers
compensation insurance to the extent and in the amount required by law; and (b)
commercial general liability insurance including personal injury liability, premises
operations liability, and contractual liability, covering, but not limited to, the liability
assumed under any indemnification provisions of this Agreement, with limits of liability for
bodily injury, death and property damage of not less than $1,000,000.00. Such insurance
shall also cover any and all claims which arise out of the Public Improvements construction
contracts, whether by Owner, a contractor, subcontractor, or a materialman. Coverage
must be on an "per occurrence" basis. All such insurance shall: (i) be issued by a carrier
which is rated "A-1" or better by A.M. Best's Key Rating Guide and licensed to do business
in the State of Texas, and (ii) name the City as an additional insured and contain a waiver of
subrogation endorsement in favor of the City. Upon the execution of Public Improvement
construction contracts, Owner shall provide to the City certificates of insurance evidencing
such insurance coverage together with the declaration of such policies, along with the
endorsement naming the City as an additional insured. Each such policy shall provide that,
at least 30 days prior to the cancellation, non -renewal or modification of the same, the City
shall receive written notice of such cancellation, non -renewal or modification.
SUBDIVISION IMPROVEMENT AGREEMENT —Page 3
(f) INDEMNIFICATION and HOLD HARMLESS. THE OWNER, INCLUDING ITS RESPECTIVE SUCCESSORS
AND ASSIGNS, HEREBY COVENANTS AND AGREES TO RELEASE, DEFEND, HOLD HARMLESS, AND
INDEMNIFY THE CITY AND ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST
ALL THIRD -PARTY CLAIMS, SUITS, JUDGMENTS, DAMAGES, AND DEMANDS (TOGETHER, "CLAIMS")
AGAINST THE CITY, WHETHER REAL OR ASSERTED INCLUDING WITHOUT LIMITATION REASONABLE
ATTORNEY'S FEES, RELATED EXPENSES, EXPERT WITNESS FEES, CONSULTANT FEES, AND OTHER
COSTS, ARISING OUT OF THE NEGLIGENCE OF THE OWNER OR THE NEGLIGENCE OF THE OWNER'S
CONTRACTORS, ENGINEERS, ARCHITECTS OR OTHER PARTIES IN CONNECTION WITH THE DESIGN OR
CONSTRUCTION OF THE PUBLIC IMPROVEMENTS ARISING PRIOR TO THE CITY'S ACCEPTANCE OF
THE PUBLIC IMPROVEMENTS AND DELIVERY OF THE MAINTENANCE BONDS RELATING TO SUCH
PUBLIC IMPROVEMENTS AS REQUIRED OR PERMITTED UNDER THIS AGREEMENT AND/OR CITY
REGULATIONS AND/OR ANY APPLICABLE DEVELOPMENT STANDARDS AND/OR ANY OTHER
GOVERNING REGULATIONS; AND IT IS EXPRESSLY UNDERSTOOD THAT SUCH CLAIMS SHALL
EXCEPT AS MODIFIED BELOW INCLUDE CLAIMS EVEN IF CAUSED BY THE CITY'S OWN
CONCURRENT NEGLIGENCE SUBJECT TO THE TERMS OF THIS SECTION. THE OWNER SHALL NOT,
HOWEVER, BE REQUIRED TO INDEMNIFY THE CITY AGAINST CLAIMS CAUSED BY THE CITY'S SOLE
NEGLIGENCE. IF THE CITY INCURS CLAIMS THAT ARE CAUSED BY THE CONCURRENT NEGLIGENCE OF
THE OWNER AND THE CITY, THE OWNER'S INDEMNITY OBLIGATION WILL BE LIMITED TO A
FRACTION OF THE TOTAL CLAIMS EQUIVALENT TO THE OWNER'S OWN PERCENTAGE OF
RESPONSIBILITY. THE OWNER, INCLUDING ITS RESPECTIVE SUCCESSORS AND ASSIGNS, FURTHER
COVENANTS AND AGREES TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY, THE CITY
AGAINST ANY AND ALL CLAIMS BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE
PROPERTY WHO HAS NOT SIGNED THIS AGREEMENT IF SUCH CLAIMS: (1) ARISE IN ANY WAY FROM
THE CITY'S RELIANCE UPON THE OWNER'S REPRESENTATIONS IN THIS AGREEMENT; (2) RELATE IN
ANY MANNER OR ARISE IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH
OWNERSHIP OF THE PROPERTY; OR (3) ARISE IN ANY WAY FROM THE CITY'S APPROVAL OF ANY
TYPE OF DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT TO THE PROPERTY.
(f) Relationship of Parties. At no time shall the City have any control over or charge of the
Owner's design, construction or installation of any of the Public Improvements that are the
subject of this agreement, nor the means, methods, techniques, sequences or procedures
utilized for said design, construction or installation. There is no joint enterprise between
the City and Owner.
(g) Construction Standards and Inspection. The Public Improvements required for the
development of the Property shall be constructed and inspected —and all applicable fees
shall be paid by Owner —in accordance with applicable state law, City Regulations and
other development requirements, including those imposed by any other governing body or
entity with jurisdiction over the Authorized Improvements.
(h) Limit of City Participation and Procurement Method. Notwithstanding any other provision
of this Agreement, the limit of City participation in funding construction of the Public
Improvements that are not competitively bid in compliance with Texas Local Government
Code Chapter 252 shall not exceed 30% of the total contract price, provided, however, that
said 30% limitation shall not apply to the City's participation in funding the cost for any
oversizing of any of the Public Improvements, including but not limited to increased
SUBDIVISION IMPROVEMENT AGREEMENT —Page 4
capacity of improvements to anticipate future development in other areas. As such, the
City's reimbursements required to be made to Owner under this Agreement —at least with
respect to the offsite oversized improvements —are not included in determining the 30%
limitation and the City may participate with funding said improvements up to 100% of the
construction costs to the extent required under this Agreement. Neither this subsection (h)
or any other provision of this Agreement limits the City's authority under Chapter 380 of
the Texas Local Government Code to make a grant under a program to promote economic
development.
(i) Bool<s and Records of Owner. If any of the construction contracts for the Public
Improvements are not competitively bid in compliance with Texas Local Government Code
Chapter 252, then —with respect to any information related to those contracts —the
Owner's books and records shall be available for inspection by the City at all reasonable
times upon the City's prior written request.
SECTION 4 ROADWAY FACILITIES
(a) Owner's Obligations.
(1) Owner is responsible for funding and construction of the Roadway Facilities. Prior to
City acceptance of the public infrastructure improvements required to serve Phase I of
Lakeview Estates (as shown in Exhibit F), Owner shall construct the Roadway Facilities.
(2) Within 18 months of the Effective Date subject to extension for Force Majeure, Owner
agrees to complete in a good and workmanlike manner construction of the Roadway
Facilities. If Owner fails to fully complete construction of the Roadway Facilities in said
manner within 18 months of the Effective Date of this Agreement subject to extension
for Force Majeure, then the City's obligations under this Section 4 shall terminate.
(b) City Obligations.
City shall provide an economic development incentive grant as outlined in the Economic
Development Agreement attached hereto as Exhibit B.
(a) Owner Obligations.
Owner shall donate by irrevocable deed of dedication for public use, the form and content
of which is attached to this Agreement as Exhibit C, approximately 9.132 acres of land (the
"Park Land") to the City of Anna currently intended by the City to be used for the
development of park and recreation facilities (said land being as described in more detail in
the attached Exhibit D). Owner shall duly execute and deliver a copy of said deed of
dedication to the City within 30 days of the Effective Date of this Agreement.
SUBDIVISION IMPROVEMENT AGREEMENT —Page 5
(b) City Obligations.
City agrees that such dedication shall satisfy the park land dedication requirement outlined
in the Anna City Code, Part III -A ("Subdivision Regulations"), Article 4, Section 5.03(a) for
the development of Property.
SECTION 6 PARK FACILITIES
(a) Owner ObliPations8
(1) Owner is responsible for funding all costs (the "Park Facilities Costs") for, and for the
construction of, the Park Facilities. Prior to City acceptance of the public infrastructure
improvements required to serve the Phase I of Lakeview Estates (as shown in Exhibit
F), Owner shall construct the portion of the Park Facilities described as the Phase 1
Park Improvements on Exhibit E.
(2) Owner agrees to complete in a good and worl<manlil<e manner construction of the
Phase I Park Improvements, If Owner fails to fully complete construction of the Phase I
Park Improvements in said manner within 18 months of the Effective Date of this
Agreement subject to extension for Force Majeure, then the City's obligations under
this Section 6 shall terminate.
(b) City ObliPations.
(1) City agrees that it shall not be entitled to collect, and shall forgo collection of, the Parl<
Development Fees that would normally be charged to Owner or its successors and
assigns in connection with the issuance of building permits for single family homes to
be constructed on lots located on the Property or within the West Crossing Subdivision
(as described in Exhibit G), provided that the amount of Park Development Fees which
will not be collected pursuant to this Section 6(b) shall not exceed _
Notwithstanding any other provision of this Agreement, City's obligations under this
Section 6(b) shall expire on December 31 in the year that is fifteen years following the
Effective Date even if the total amount of Park Development Fees waived by the City
under this Section 6(b) is less than
SECTION 7 DEVELOPMENT FEES
Except as otherwise expressly stated in this Agreement, Owner shall pay all applicable
development and permit application fees and inspection fees in the amounts and at the
times as required under generally applicable City Regulations that are in effect at the time
each required development or permit application for the Property is accepted as
substantially complete by the City.
SUBDIVISION IMPROVEMENT AGREEMENT —Page 6
SECTION 8 EFFECTIVE DATE
The Effective Date of this Agreement is the date that the last of the Parties' signatures to
this Agreement is fully and properly affixed to this Agreement and acknowledged by a
notary public. The City's duties and obligations hereunder shall not arise unless and until
the City Council has duly adopted this Agreement and Owner has duly executed this
Agreement and delivered same to the City.
(a) This Agreement and all obligations of the Parties hereto, shall terminate upon full
performance of the terms of this Agreement or if Owner does not satisfy one of the
following events.
(1) Owner fails to meet all requirements (per City Regulations) necessary to file a final plat
of Phase I of Lakeview Estates (as shown in Exhibit F), consisting of at least 90
residential lots in the Land Recordings with the Collin County Clerk's Office within two
(2) years of the Effective Date of this Agreement; or
(2) This Agreement has been terminated as otherwise set forth in this Agreement.
SECTION 10 SUCCESSORS AND ASSIGNS
(a) All obligations and covenants of Owner under this Agreement shall constitute covenants
running with the land, and shall bind Owner and each successive owner of all of any
portion of the Property; provided, however, the terms of this Agreement shall (i) not be
binding on the owner of any residence that is purchased by such owner from a
homebuilder, and (ii) be subordinate to the lien of (and shall not be binding on) any
mortgagee who finances or refinances residences constructed on the Property.
(b) Without limiting the generality of the foregoing and except as otherwise provided in this
paragraph, Owner has the right (from time to time upon delivery of 14 days' prior written
note to the City) to assign this Agreement, in whole or in part, and including any obligation,
right, title, or interest of Owner under this Agreement, to any person or entity (an
"Assignee") that is or will become an owner of any portion of the Property or that is an
entity that is controlled by or under common control with Owner. Further, no assignment
by Owner shall release Owner from any liability that resulted from an act or omission by
Owner that occurred prior to the effective date of the assignment unless the City approves
the release in writing. Notwithstanding the foregoing, Owner shall not assign this
Agreement, in whole or in part, to an Assignee if the City, after action by the City Council
(which action shall be considered by the City in good faith based upon financial and
performance criteria, and which action shall not be unreasonably withheld, conditioned or
delayed), notifies Owner within 14 days of receipt of the written notice required by
this Section 10(b) that such Assignee fails to satisfy the City's financial and performance
criteria. If the City provides such notice to Owner then the Parties, within 14 days of such
SUBDIVISION IMPROVEMENT AGREEMENT —Page 7
notice, shall mediate the dispute. The mediator shall be mutually agreed -upon; and the
cost of such mediator shall be paid equally by the Parties. The mediator's determination
shall be binding on the Parties. If a Party refuses to mediate, then the decision of the Party
willing to mediate shall be binding.
(c) Each assignment shall be in writing executed by Owner and the Assignee and shall obligate
the Assignee to be bound by this Agreement to the extent this Agreement applies or
relates to the obligations, rights, title, or interests being assigned. From and after such
assignment, the City agrees to look solely to the Assignee for the performance of all
obligations assigned to the Assignee and agrees that Owner shall be released from
subsequently performing the assigned obligations and from any liability that results from
the Assignee's failure to perform the assigned obligations, provided, however, Owner shall
not be released until the City receives an executed copy of such assignment. Further, no
assignment by Owner shall release Owner from any liability that resulted from an act or
omission by Owner that occurred prior to the effective date of the assignment unless the
City approves the release in writing. Owner shall maintain written records of all
assignments made by Owner to Assignees, including a copy of each executed assignment
and the Assignee's Notice information as required by this Agreement, and, upon written
request from any Party or Assignee, shall provide a copy of such records to the requesting
person or entity.
�i��L�7► F>f�Pilf;�il��we�► IXi1�J;�;1Z�1�Li`�L�L��
(a) Authority to execute contract. The undersigned officers and/or agents of the parties
hereto are the properly authorized officials and have the necessary authority to execute
this Agreement on behalf of the parties hereto, and each party hereby certifies to the other
that any necessary resolutions or other act extending such authority have been duly passed
and are now in full force and effect.
(b) Notice. All notices, demands or other communications required or provided hereunder
shall be in writing and shall be deemed to have been given on the earlier to occur of actual
receipt or three (3) days after the same are given by hand delivery or deposited in the
United States mail, certified or registered, postage prepaid, return receipt requested,
addressed to the parties at the addresses set forth below or at such other addresses as
such parties may designate by written notice to the other parties in accordance with this
notice provision.
If to the City: City of Anna
Attn: City Manager
P.O. Box 776
III N. Powell Parkway
Anna, TX 75409
If to Owner: Bloomfield Homes, L.P.
Attn: Donald J. Dykstra, President
��11371�1�9L�I► �1►�iI7ZiI�I� �i1�► reed 3 � �►�i1 �► � ��TI�:
1050E Hwy 114, Suite 210
Southlake, TX 76092
With a copy to: Bellinger & Suberg, L.L.P.
Attn: Glen A. Bellinger
10,000 N. Central Expressway, Suite 900
Dallas, TX 75231
(c) Complete Agreement. This Agreement and the exhibits attached hereto embody the entire
Agreement between the Parties and cannot be varied or terminated except as set forth in
this Agreement and the exhibits attached hereto, or by written agreement of the City and
Owner expressly amending the terms of this Agreement.
(d) Applicable Law and Venue. This Agreement shall be performable and all compensation
payable in Collin County, Texas. Venue and exclusive jurisdiction under this Agreement lies
in a court of competent jurisdiction in Collin County, Texas.
(e) Severability. If any clause, paragraph, section or portion of this Agreement shall be found
to be illegal, unlawful, unconstitutional or void for any reason, the balance of the
Agreement shall remain in full force and effect and the unlawful provision shall be replaced
with a provision as similar in terms and effect to such unlawful provision as may be valid,
legal and enforceable.
(f) Representation. Each signatory representing this Agreement has been read by the party
for which this Agreement is executed and that such Party has had an opportunity to confer
with its counsel.
(g) Consideration. This Agreement is executed by the Parties hereto without coercion or
duress and for substantial consideration, the sufficiency of which is hereby acknowledged.
(h) Waiver. Waiver by either Party or any breach of this Agreement, or the failure of either
Party to enforce any of the provisions of this Agreement, at any time, shall not in any way
affect, limit or waive such Party's right thereafter to enforce and compel strict compliance
of the Agreement.
(i) Force Majeure. Any deadlines and the time frames for Owner's performance as set forth in
this Agreement shall be extended by time frames equal to any delays caused by events of
"Force Majeure" which include an act of God, fire, earthquake, floods, explosion, adverse
weather, war, terrorism, invasion, acts of enemies, insurrection, riot, mob violence,
sabotage, inability to procure or general shortage of labor, equipment, facilities, materials
or supplies in the open market for reasons other than cost increases, unavoidable accident,
failure of transportation, strikes, lockouts, action of labor unions, condemnation, laws,
orders of governmental or civil military or naval authorities, governmental restraint,
governmental delays in approving plans and issuing permits in cases where same are
SUBDIVISION IMPROVEMENT AGREEMENT —Page 9
ultimately approved or issued, when the foregoing causes are not within the reasonable
control of Owner.
(j) Miscellaneous Draftinr Provisions. This Agreement was drafted equally by the Parties
hereto. The language of all parts of this Agreement shall be construed as a whole
according to its fair meaning, and any presumption or principle that the language herein is
to be construed against any Party shall not apply. Headings in this Agreement are for the
convenience of the Parties and are not intended to be used in construing this document.
(I<) No Other Beneficiaries. This Agreement is for the sole and exclusive benefit of the City,
Owner and Payee and is not intended to and shall not confer any rights or benefits on any
third party not a signatory hereto except as provided in Section 11(e) hereof.
(I) Binding Effect. This Agreement shall bind and inure to the benefit of the City and Owner
and to any successor owner/developer of the Property, may be recorded in the Collin
County property records, and runs with the land. City agrees to execute documents in
recordable form evidencing completion of one or more Public Improvements once
completed in accordance with this Agreement.
(m) Counterparts. This Agreement may be executed in a number of identical counterparts,
each of which shall be deemed an original for all purposes.
[SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
SUBDIVISION IMPROVEMENT AGREEMENT —Page 10
BLOOIVIFIELD HOMES, L.P.,
a Texas limited partnership
By: Bloomfield Properties, Inc.,
a Texas corporation, its General Partner
By:
Donald J. Dykstra, its President
STATE OF TEXAS §
COUNTY OF §
Before me, the undersigned notary public, on the day of ,2014,
personally appeared Donald J. Dykstra, known to me (or proved to me) to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that he executed the
same in his capacity as President of Bloomfield Properties, Inc., a Texas corporation, as General
Partner of Bloomfield Homes, L.P., a Texas limited partnership, and on its behalf.
Notary Public, State of Texas
SUBDIVISION IMPROVEMENT AGREEMENT —Page 11
CITY OF ANNA
By:
Philip Sanders, City Manager
IN WITNESS WHEREOF:
STATE OF TEXAS §
COUNTY OF §
Before me, the undersigned notary public, on the day of 2014,
personally appeared Philip Sanders, known to me (or proved to me) to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that he executed the
same in his capacity as City Manager of the City of Anna, Texas.
Notary Public, State of Texas
SUBDIVISION IMPROVEMENT AGREEMENT —Page 12
ATTACH M ENTS
Exhibit A —The Property (legal description Cl"d survey drawing)
Exhibit B —Economic Development Agreement
Exhibit C —Parkland Dedication Deed
Exhibit D — Parl< Land (legal description and survey drawing)
Exhibit E —Park Facilities
Exhibit F —Final Plat, Phase 1 Lakeview Estates
Exhibit G —West Crossing Subdivision
SUBDIVISION IMPROVEMENT AGREEMENT —Page 13
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EXHIBIT C
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SUBDIVISION IMPROVEMENT AGREEMENT —Page 16
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SUBDIVISION IMPROVEMENT AGREEMENT —Page 17
EXHIBIT E
PARK FACILITIES
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SUBDIVISION IMPROVEMENT AGREEMENT —Page 18
EXHIBIT F
FINAL PLAT, PHASE 1 LAKEVIEW ESTATES
[See Attached]
SUBDIVISION IMPROVEMENT AGREEMENT —Page 19
CITY OF ANNA, TEXAS
Item No. 12
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
11/13/14
Maurice Schwanke
Yes
AGENDA SUBJECT:
Consider/Discuss/Action regarding a Resolution approving a final plat of "Lakeview
Estates PH 1.
SUMMARY:
The attached final plat of Lakeview Estates is a 24.515 acre development for 90
residential lots and is located east of Ferguson Parkway and generally south of Rattan
elementary school. The construction plans and final plat have been reviewed by city
staff and our consultant engineers. The proponent is requesting a variance to the double
frontage setback requirement and the provision of no lot to lot drainage. The staff
recommends approval of the final plat. The preliminary plat was approved by City
Council September, 2013 with the requested variances.
STAFF RECOMMENDATION: Approval of final plat
�Cb
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "LAKEVIEW ESTATES" FINAL PLAT"
LOCATED IN ANNA'S CITY LIMITS GENERALLY EAST OF FERGUSON PKWY AND WEST OF ANNA LAKE
AND IS SUBJECT TO THE SUBDIVISION RULES AND REGULATIONS AS SET FORTH IN THIS
RESOLUTION.
WHEREAS, In order to provide for the orderly development of land within the Anna city limits and
extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has
adopted Part III -A of the Anna City Code of Ordinances ("Subdivision Regulations"); and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Approval of Final Plat
The City Council hereby approves the Lakeview Estates final plat with the following variances:
1.) a variance to the double frontage setback requirement —The west side of lots 1-11 block A
and lots 1-8 block B rear yard setbacks will be reduced from 25' to 15'.
2.) the provision of no lot to lot drainage — In order to reduce the height of retaining walls lot
to lot drainage will be allowed through lots 18-34 block D and lots 1 and 2, lots 12 to 19,
and lot 22 of Block F, and lots 1-4 block E, will be allowed to have Private Drainage
Easements maintained by The Home Owner Association. These lots will receive runoff
from the rear of adjoining lots.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 14th day of
November, 2014.
ATTEST:
Natha Will<ison, City Secretary
Mayor, Mile Crist
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CITY OF ANNA,TEXAS
Item No. 13
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
November 13, 2014
City Manager
Yes
AGENDA SUBJECT:
Consider/Discuss/Action regarding a Resolution approving an Amended Subdivision
Improvement Agreement with the Owners of an approximate 634 acre tract of land
located in the Grandison Stark Survey, Abstract No. 798.
SUMMARY:
On February 11, the City Council approved a Subdivision Improvement Agreement with
the owners of a 634 acre tract of land located east of State Highway 5 and primarily
north of CR 422. The attached amendment defines the maximum reimbursable amount
for two (2) parcels of land that will become part of the right-of-way for CR 422.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A SECOND AGREEMENT
AMENDING A SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE CITY OF
ANNA, TEXAS (THE "CITY") AND ANNA TOWN CENTER NO. 1/BRGT, LTD., ANNA
TOWN CENTER NO. 2/BRTO, LTD., ANNA TOWN CENTER NO. 3/WARN, LTD., ANNA
TOWN CENTER NO. 4/SHRP, LTD., ANNA TOWN CENTER NO. 5/HSLT, LTD., ANNA
TOWN CENTER NO, 6/LNRD, LTD., ANNA TOWN CENTER NO. 7/LNRD, LLC, 40 PGE,
LTD., O.P. LEONARD, JR. INVESTMENT COMPANY, LTD., AND NANCY ALICE
LEONARD INVESTMENT COMPANY, LTD., (COLLECTIVELY, "OWNER") AND ANNA
CROSSING AMC, LTD., ("PAYEE").
WHEREAS, on February 11, 2014 the City Council of the City of Anna, Texas (the "City
Council") approved a Subdivision Improvement Agreement (SIA) with the Owners of an
approximate 634 acre tract of land located in the Grandison Stark Survey, Abstract No. 798,
and;
WHEREAS, the City, Owner, and Payee now desire to amend the SIA to define the
maximum reimbursable amount for two (2) parcels of land that will become part of the right-
of-way for CR 422; and
WHEREAS, the City Council finds that approval of this Second Agreement Amending the SIA
will benefit the City and is in the best interests of the citizens of Anna;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 3. Approval of 2"d Agreement Amending Subdivision Improvement Agreement.
The City Council hereby approves the Second Agreement Amending the Subdivision
Improvement Agreement attached hereto as Exhibit 1, and authorizes, ratifies and approves
the City Manager's execution of same. The City Manager is hereby authorized to execute all
documents and to take all other actions necessary to finalize, act under, and enforce the
amended Agreement.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 13t"
day of November, 2014.
ATTEST:
Natha Wilkison, City Secretary Mayor, Mike Crist
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1
SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT
This Second Agreement Amending Subdivision Improvement Agreement (this "Second Amendment") is
entered into between and among the City of Anna, Texas (the "City") and Anna Town Center No.
1/BRGT, Ltd., Anna Town Center No. 2/BRTO, Ltd., Anna Town Center No. 3/WARN, Ltd., Anna Town
Center No. 4/SHRP, Ltd., Anna Town Center No. 5/HSLT, Ltd., Anna Town Center No. 6/LNRD, Ltd.,
Anna Town Center No. 7/LNRD, LLC, 40 PGE, Ltd., O.P. Leonard, Jr. Investment Company, Ltd., and
Nancy Alice Leonard Investment Company, Ltd., (collectively, "Owner") and Anna Crossing AMC, Ltd.,
("Payee") as follows:
WHEREAS, Owner, Payee and the City are sometimes collectively referenced in this Second
Amendment as the "Parties"; and
WHEREAS, the Parties previously entered into a Subdivision Improvement Agreement ("SIA"), attached
hereto as Exhibit 1, related to the Development of the Property; and
WHEREAS, on September 11, 2014, the Parties entered into a First Agreement Amending Subdivision
Improvement Agreement; and,
WHEREAS, the City, Owner, and Payee now desire to amend the SIA to address the reimbursable cost
association with the acquisition of certain rights -of -way; and
WHEREAS, the capitalized terms used in this Second Amendment are as defined in the SIA unless
expressly set forth to the contrary herein; and
WHEREAS, it is the Parties' mutual intent that this Second Amendment shall govern only the subject
matter specifically set forth herein and shall supersede any previous agreement between the Parties
and City Regulations only to the extent that any such agreements or City Regulations directly conflict
with the terms of this Second Amendment; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as
follows:
SECTION 1 RECITALS INCORPORATED
The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties'
intent under this Second Amendment and said recitals constitute representations by Owner, Payee and
the City.
SECTION 4 AMENDMENT TO SECTION 6
Section 6 paragraph (b)(2)(i) of the SIA is hereby amended by adding subparagraph "a." as follows:
SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 1
i. Reimbursable Costs of the Roadway Facilities include all of the off -site, third -party
property/easement acquisitions, if any, and engineering, design, and construction costs
necessary for the Roadway Facilities; provided, however, that Reimbursable Costs as relates to
third -party property/easement acquisitions shall be limited to the fair -market value of any
property/easement acquired, plus any damages to the remainder, all as determined by a
Licensed Appraiser selected by the City and Eminent Domain Fees.
a. Notwithstanding the foregoing or any other provision in this Agreement, the Reimbursable
Costs for right-of-way on the Hayslett Tract, further described in and attached hereto as
Exhibit 2, shall be $4,000; and the Reimbursable Costs for right-of-way on the Cunningham
Tract, further described in and attached hereto as Exhibit 3, shall be $10,000.
SECTION 7 CONFLICTS AND EFFECTIVE DATE
To the extent of any conflict between this Second Amendment and the SIA, this Second
Amendment shall govern. The Effective Date of this Second Amendment is the date that the last of
the Parties' signatures to this Second Amendment is fully and properly affixed to this Second
Amendment and acknowledged by a public notary. The City's duties and obligations hereunder
shall not arise unless and until the City Council has duly adopted this Second Amendment and
Owner and Payee have duly executed same.
[SIGNATURES PAGES FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANI<]
SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 2
Owner.
Anna Town Center No. 1/BRUT, Ltd.,
a Texas Limited Partnership
By: Anna Town Center No. 1/BRUT GP Corporation,
a Texas Corporationits General Partner
,
By:
Richard M. Skorburg, its President
IN WITNESS WHEREOF:
STATE OF TEXAS §
COUNTY OF §
Before me, the undersigned notary public, on the day of , 2014, personally
appeared Richard M. Skorburg, known to me (or proved to me) to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his
capacity as President of Anna Town Center No. 1/BRGT GP Corporation, in its capacity as general
partner for Anna Town Center No. 1/BRGT, Ltd.
Notary Public, State of Texas
SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 3
Owner:
Anna Town Center No. 2/BRTO, Ltd.,
a Texas Limited Partnership
By: Anna Town Center No. 2/BRTO GP Corporation,
a Texas Corporation, its General Partner
By:
Richard M. SI<orburg, its President
IN WITNESS WHEREOF:
STATE OF TEXAS §
COUNTY OF §
Before me, the undersigned notary public, on the day of , 2014, personally
appeared Richard M. Skorburg, known to me (or proved to me) to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his
capacity as President of Anna Town Center No. 2/BRTO GP Corporation, in its capacity as general
partner for Anna Town Center No. 2/BRTO, Ltd.
Notary Public, State of Texas
SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 4
Owner:
Anna Town Center No. 3/WARN, Ltd.,
a Texas Limited Partnership
By: Anna Town Center No. 3/WARN GP Corporation,
a Texas Corporation, its General Partner
By:
Richard M. Skorburg, its President
IN WITNESS WHEREOF:
STATE OF TEXAS §
COUNTY OF §
Before me, the undersigned notary public, on the day of , 2014, personally
appeared Richard M. Skorburg, known to me (or proved to me) to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his
capacity as President of Anna Town Center No. 3/WARN GP Corporation, in its capacity as general
partner for Anna Town Center No. 3/WARN, Ltd.
Notary Public, State of Texas
SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 5
Owner:
Anna Town Center No. 4/SHRP, Ltd.,
a Texas Limited Partnership
By: Anna Town Center No. 1/SHRP GP Corporation,
a Texas Corporation, its General Partner
By:
Richard M. SI<orburg, its President
IN WITNESS WHEREOF:
STATE OF TEXAS §
COUNTY OF §
Before me, the undersigned notary public, on the day of , 2014, personally
appeared Richard M. Skorburg, known to me (or proved to me) to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his
capacity as President of Anna Town Center No. 1/SHRP GP Corporation, in its capacity as general
partner for Anna Town Center No. 1/SHRP, Ltd.
Notary Public, State of Texas
SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 6
Owner:
Anna Town Center No. 5/HSLT, Ltd.,
a Texas Limited Partnership
By: Anna Town Center No. 5/HSLT GP Corporation,
a Texas Corporation, its General Partner
By:
Richard M. Skorburg, its President
IN WITNESS WHEREOF:
STATE OF TEXAS §
COUNTY OF
Before me, the undersigned notary public, on the day of , 2014, personally
appeared Richard M. Skorburg, known to me (or proved to me) to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his
capacity as President of Anna Town Center No. 5/HSLT GP Corporation, in its capacity as general
partner for Anna Town Center No. 5/HSLT, Ltd.
Notary Public, State of Texas
SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 7
Owner:
Anna Town Center No. 6/LNRD, Ltd.,
a Texas Limited Partnership
By: Anna Town Center No. 6/LNRD GP Corporation,
a Texas Corporation, its General Partner
By:
Richard M. Skorburg, its President
IN WITNESS WHEREOF:
STATE OF TEXAS §
COUNTY OF §
Before me, the undersigned notary public, on the day of , 2014, personally
appeared Richard M. Skorburg, known to me (or proved to me) to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his
capacity as President of Anna Town Center No. 6/LNRD GP Corporation, in its capacity as general
partner for Anna Town Center No. 6/LNRD, Ltd.
Notary Public, State of Texas
SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 8
Owner:
Anna Town Center No. 7/LNRD, LLC,
a Texas limited liability company,
By: Skorburg ATC No. 7/LNRD, Ltd.,
a Texas Limited Partnership
By: Skorburg ATC No. 7/LNRD GP Corporation,
a Texas corporation, its General Partner
By:
Richard M. Skorburg, its President
IN WITNESS WHEREOF:
STATE OF TEXAS §
COUNTY OF §
Before me, the undersigned notary public, on the day of , 2014, personally
appeared Richard M. Skorburg, known to me (or proved to me) to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his
capacity as President of Skorburg ATC No. 7/LNRD GP Corporation, in its capacity as general partner for
Skorburg ATC No. 7/LNRD, Ltd., in its capacity as managing member of Anna Town Center No. 7/LNRD,
LLC.
Notary Public, State of Texas
SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 9
Owner:
40 PGE, Ltd.,
a Texas Limited Partnership
By: 40 PGE GP Corporation,
a Texas Corporation, its General Partner
By:
Richard M. SI<orburg, its President
STATE OF TEXAS §
COUNTY OF §
Before me, the undersigned notary public, on the day of , 2014, personally
appeared Richard M. Skorburg, known to me (or proved to me) to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his
capacity as President of 40 PGE GP Corporation, in its capacity as general partner for 40 PGE, Ltd.
Notary Public, State of Texas
SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 10
Owner:
O.P. Leonard, Jr. Investment Company, Ltd.,
a Texas Limited Partnership
By: Pecan TEX, LLC,
a Texas Limited Liability Company, its General Partner
By:
O.P. "Paul" Leonard, Jr., its President
IN WITNESS WHEREOF:
STATE OF TEXAS §
COUNTY OF §
Before me, the undersigned notary public, on the day of , 2014, personally
appeared O.P Leonard, Jr., known to me (or proved to me) to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that he executed the same in his capacity as
President of Pecan TEX, LLC, in its capacity as general partner for O.P. "Paul" Leonard, Jr. Investment
Company, Ltd.
Notary Public, State of Texas
SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 11
Owner:
Nancy Alice Leonard Investment Company, Ltd.
a Texas Limited Partnership
By: Pecan TEX, LLC,
a Texas Limited Liability Company, its General Partner
By:
O.P. "Paul" Leonard, Jr., President
IN WITNESS WHEREOF:
STATE OF TEXAS §
COUNTY OF §
Before me, the undersigned notary public, on the day of , 2014, personally
appeared O.P. "Paul" Leonard, Jr., known to me (or proved to me) to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his
capacity as Manager and President of Pecan TEX, LLC, in its capacity as general partner for Nancy Alice
Leonard Investment Company, , Ltd.
Notary Public, State of Texas
SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 12
Payee:
ANNA CROSSING AMC, LTD.
By: ANNA CROSSING AMC GP CORPORATION
By:
Richard M. Skorburg, its President
IN WITNESS WHEREOF:
STATE OF TEXAS §
COUNTY OF §
Before me, the undersigned notary public, on the day of , 2014, personally
appeared Richard M. Skorburg, known to me (or proved to me) to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the same in his
capacity as President of Anna Crossing AMC GP Corporation, in its capacity as general partner for Anna
Crossing AMC, Ltd.
Notary Public, State of Texas
SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page (13
CITY OF ANNA
By:
Philip Sanders, City Manager
IN WITNESS WHEREOF:
STATE OF TEXAS §
COUNTY OF §
Before me, the undersigned notary public, on the day of , 2014, personally
appeared Philip Sanders, known to me (or proved to me) to be the person whose name is subscribed to
the foregoing instrument, and acknowledged to me that he executed the same in his capacity as City
Manager of the City of Anna, Texas.
Notary Public, State of Texas
SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page (14
ATTACHMENTS
Exhibit 1—Subdivision Improvement Agreement (SIA)
Exhibit 2 —Hayslett Tract
Exhibit 3 —Cunningham Tract
SECOND AGREEMENT AMENDING SUBDIVISION IMPROVEMENT AGREEMENT Page � 15
Exhibit 2
Right -of -Way Dedication
2,033 Square Feet or 0.047Acre
Grandison Stark Survey, Abstract No. 798
Collin County, Texas
StateHlghway No. 5 NoveEhbt5B2093
(100' Right —of —Way)
rock road'
o�
h
0
�I
Scale: V"400'
Anna Totvn Center No. 4 � SHRP, Ltd.
Called 129.92 Acres (Tract 1)
Vol. 5631, Pg. 2600, CCLR
w F / Rood)
v: •� rock•road,•a��a �•'
Property Line per Houston &
Texas Centea/ Railway Company
(Called 200' Right -of -Way)
Vol. V, Pg. 603, CUR
LINE
BEARING
DISTANCE
L1
N19'48'29"E
-- 46.24'
L2
S34'53'43"E
28.89'
L3
S89035'55"E
59.91'
L4
S19'48'29"W
22.16'
L5
N8WOO'39"W
84.61'
Notes: 1) Survey eras performed without the benefit of a title
commitment. 2) Subject property affected by any or all easements of
record. 3) Source bearing is based on GPS North as observed on July
31, 2013, 4) CM is a controlling monument. 5) Glas capped iron rods
set at all property corners. 6) DART = Dallas Area Rapid Transit.
7) Right —of —Way for State Highway No, 5 established using Texas
Department of Transportation Riaht—of—Way map dated October 1934.
Wolfe City, Texas 75496
Office: (903) 496-2084
www. glaslandsurveying. cam
13
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Exhibit 3
17i�1
P1 •
Right -of -Way Dedication
8,470 Square Feet or 0.194 Acre
Grandison Stark Survey, Abstract No. 798
Collin County, Texas
July 94120 M
Exhiblt A
Anna Town Center No. 4SHRP, Ltd.
I Called 129.92 Acres (Tract 1)
Vol, 501, Pg, 2600, CCLR
S ,ale: i' ioo'
Lone Star Gas Easement /�
(No Width Specified)
Vol. 280, Pg. 242, CCLR
Vol. 280, Pg. 246, CCLR Cf
[Location based on Gas Alarkers
as located in the field]
�'ountyRoad 422 Proposed,
(Rock Road) Taylor' Drive
•d
mkr.
�L2 IVtlf! 34'J8"W 321.09' � �, C9
b /
U
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too, 81470 Scl.Ft. or 0.194 Acre /
Sw Part of called 19.211 Acre Tract o"
Vol 4802, Pg. J431, CCLR o" /
Property Line per Houston & o"
Texas Control Rai/way Company
(Called 200' Right —of --Way) ` �o
Vol. V, Pg. 60J, CCLR
Property Line per
J9.21 J Acre Trocf
(Called 100' Right —of —Way)
Vol. 4802, Pg. J4J1, CCLR
Tommy Cunningham
Called 19.211 Acres
VoL 4802, Pg. J4J1, CCLR
Notes: 1) Survey was performed without the benefit
of a title commitment. 2) Subject property affected
by any or all easements of record. 3) Source
bearing is based on CPS North as observed on July
31, 2013. 4) CM is a controlling monument. 5) Glas
copped iron rods set at all property corners.
6) DART = Dallas Area Rapid Transit
Called Op
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LINE
B_EARING
DISTANCE
L1
_
S10'31'22"W
13.27'
L2
N89'35'55"W
6.73'
L3
N19448'29"E
21e20'
2114 FM 1563, Wolfe City, Texas 75496
Office.' (903) 496-2084
ww►v. glaslandsurveying. cam
MRS Firm No, 1019J970
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n
CITY OF ANNA, TEXAS
AGENDA SUBJECT:
Item No. I4
City Secretary's use only
City Council Agenda
Staff Report
Date: November 13, 2014
Staff Contact: City Manager
Exhibits: Yes
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
Robert Coates.
SUMMARY:
The City is working on the design and construction of the Clemons Creek wastewater
interceptor line that is 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 Robert Coates. The attached resolution authorizes
Staff to commence negotiations, and, if necessary, initiate the use of eminent domain to
acquire the needed sanitary sewer 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 0.340 acres of land, more or less, in the Grandison Stark Survey, Abstract No.
798, City of Anna, Collin County, Texas, said tract being part of a called 10.150 acre tract
of land as recorded under Document No. 20061011001466600 of the Collin County Land
Records, said 0.340 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 sanitary sewer 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
SANITARY SEWER EASEMENT PROVIDING LIMITED RIGHTS ON AND UNDER
0.340 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 sanitary sewer lines and
associated facilities to meet the public need to provide sanitary sewer 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 permanent sanitary sewer easement not
now held by the City of Anna for such sanitary sewer 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 permanent sanitary
sewer easement providing limited rights on and under 0.340 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 sanitary sewer
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 sanitary sewer easement sought to be acquired will
provide limited rights on and under a portion of a tract, said portion totaling
approximately 0.340 acres of real property (the "Easement"), held by Robert
Coates and/or others. Said approximate 0.340 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 sanitary
sewer 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
landowners) 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 initial and 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.
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 3
PASSED by the City Council of the City of Anna, Texas, this 13th day of November,
2014.
ATTESTED:
City Secretary, Natha Wilkinson
Mayor, Mike Crist
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 3 OF 3
30`Sanitary Sewer Easemen#
14,789 Square Feet or 0.340 Acre
Grandlson Stark Survey, Abstract No. 798
Collin County, Texas
August 6, 2014
Exhibit A
SITUATED in the State of Texas and County of Collin, being part of the Grandison Stark Survey,
Abstract No. 798, and being part of a called 10.150 acre tract of land as recorded under Document
No. 20061011001466600 of the Collin County Land Records with said premises being more particularly
described as follows:
BEGINNING at a f—inch iron rod found marking the northwest corner of said 10.150 acre tract
and the northwest corner of said premises;
THENCE with the north line of said 10.150 acre tract, the north fine of said premises, and
partway with the south line of a called 40.5756 acre tract as recorded in Volume 5618, Page 2878
of the Collin County Land Records, South 88'12'02" East, 295.04 feet to a point for comer marking
the northeast corner of said premises, from which a �—inch iron rod found morking the northeast
corner of said 10.150 acre tract and the northwest comer of a called 7.00 acre tract as recorded
under County Clerk File No. 93-0007842 of the Collin County Land Records bears South 88'12'07
East, 41.69 feet;
THENCE with the east and south line of said premises as follows; South 00'54'13" West, 30.00
feet; North 88'12'02" West, 265.05 feet; South 0955'25" West, 176.17 feet; South 3W03,55" West,
52.22 feet to a point for corner marking the southwest corner of said premises, being in the wrest
line of said 10.150 acre tract and in the east line of a called 39.9944 acre tract as recorded in
Volume 5387, Page 468 of the Collin County Land Records;
THENCE with the west line of said 10.150 acre tract, the west line of said premises, and partway
vrith the east line of said 39.9944 acre tract, North 00'56'18" East, 249.34 feet to the point of
beginning and containing 14,789 square feet or 0.340 acre of land.
alas Land ,S"ua-Yevin
2114 Fh4 1563
Wolfe Cify, Texas 75496
Office: (903) 496-2084
wlyw, glaslondsurveying. com
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CountyRoad 421
Rock Road (Under Construction)
rvey line
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Properties Inc.
Col%d 360.545 Acres
Doc.# 20121228001650330, CCLR
Notes: 1) Survey was performed without the benefit
of a title commitment. 2) Subject property affected
by any or all easements of record. 3) Source
bearing is based on CPS North as observed on July
311 2011 4) CM is a controlling monument. 5) Deed
overlap on west line between 19.211 acre tract and
10.150 acre tract.
30' Sanitary Sewer Easement
14,789 Square Feet or 0.340 Acre
Grandison Stark Survey, Abstract No. 798
Collin County, Texas
August 6, 2014
Exhlblt Btdo
rerun Ce 4pp57 Acres
CCLR
Calied R2878,
Vol. 5ti 18, 9•
Anna
-I Glas Land ,S'urveying
2114 FM 1563
Wolfe City, Texas 75496
Office: (903) 496-2084
www. glaslondsu/veying. cam
0
5cale.I"=300'
LINE
BEARING
DISTANCE
L1
S88'12'02"E
295.04'
L2
S00'54'13"W
30.00'
L3
N88412'02"W
265.05'
L4
S00055'25"W
176,17'
L5
S36'03'55"W
52.22'
L6
N00656'18"E
249.34'
L7
S88'12202"E
41.69'
Z
J
CITY OF ANNA, TEXAS
Item No. 15
City Secretary's use only
City Council Agenda
Staff Report
Date: November 13, 2014
Staff Contact: City Manager
Exhibits: Yes
AGENDA SUBJECT:
Consider/Discuss/Action regarding a Resolution finding a public necessity and
authorizing the use of eminent domain to condemn private property owned by Addison
Wilson and/or others for public right-of-way associated with alterations to CR 422.
SUMMARY:
The City is working on the expansion of CR 422. In order to construct this public
roadway project, the City will need to acquire right-of-way across property owned by
Addison Wilson. The attached resolution authorizes Staff to complete negotiations,
and, if necessary, initiate the use of eminent domain to acquire the subject right-of-way.
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 0.123 acres of land, more or less, in the Grandison Starl< Survey, Abstract No.
798, City of Anna, Collin County, Texas, said tract being part of Tract 2, conveyed to Add
G. Wilson as recorded in Volume 408, Page 90 of the Collin County Land Records, said
0.123 acres of land being more particularly described by the metes and bounds
description set forth in Exhibit "A" to this resolution, which I incorporate in full into my
motion, for roadway right-of-way."
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, FINDING
THAT A PUBLIC NECESSITY EXISTS FOR ACQUISITION OF RIGHT-OF-WAY
PROVIDING LIMITED RIGHTS ON AND UNDER 0.123 ACRES OF REAL
PROPERTY, MORE OR LESS; AUTHORIZING THE CITY MANAGER, STAFF,
CONTRACTORS, AND THE CITY'S ATTORNEYS TO ACQUIRE SAID RIGHT-OF-
WAY BY ANY LAWFUL MEANS, INCLUDING BUT NOT LIMITED TO
NEGOTIATIONS, AND, IF NECESSARY, PROCEEDINGS IN EMINENT DOMAIN,
PROVIDING AN EFFECTIVE DATE.
WHEREAS, in order to provide for the safe and efficient movement of vehicular traffic,
the City of Anna plans to construct roadway improvements to Country Road 422, a
public street; and
WHEREAS, it is necessary to acquire certain street right-of-way not now held by the
City of Anna for such public roadway improvements; and
WHEREAS, it is necessary for the City to use its authority to pursue negotiations for the
acquisition of said right-of-way and/or to pursue the right-of-way under power of eminent
domain; and
WHEREAS, the City Council of the City of Anna, Texas ("City Council'), after careful
consideration, finds that a public necessity exists for acquisition of right-of-way providing
limited rights on and under 0.123 acres of real property, more or less, which is more
particularly described in Section 2 of this resolution, for the purpose of constructing,
laying, maintaining, repairing and/or replacing public roadway improvements, and
benefiting the public health, safety and welfare;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Incorporation of Recitals; Purpose
1.01 The City Council finds that the above -stated recitals are true and correct and said
recitals are incorporated herein as if set forth in full for all purposes.
1.02 This resolution is intended to comply in all respects with Texas Government
Code § 2206.001, et seq., Texas Local Government Code § 251.001, et seq.,
and Texas Property Code § 21.001 et seq., to the extent the provisions of such
statutes are applicable.
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 3
1.03 The City Council, by this resolution, intends, if necessary, to exercise the City's
powers of eminent domain under Texas Local Government Code § 251.001 and
any and all other applicable statutes.
Section 2. Right-of-way to be Acquired
2.01 The necessary right-of-way sought to be acquired will provide limited rights on
and under a portion of a tract, said portion totaling approximately 0.123 acres of
real property (the "Right-of-way"), held by Add G. Wilson and/or others. Said
approximate 0.123 acres of real property is generally aligned and described in
Exhibit A, attached to this resolution and incorporated herein by reference as if
fully set forth for all purposes.
Section 3. Finding of Public Necessity and Authorization to Take Action
3.01 The City Council finds a public necessity for the public welfare and
convenience to acquire the Right-of-way identified in Section 2, above, for the
purpose of constructing, laying, maintaining, repairing and/or replacing public
roadway improvements. The City Council authorizes the City Manager, City staff
and/or City consultants or contractors, and, Wolfe, Tidwell & McCoy, LLP,
attorneys, to acquire the needed Right-of-way by any lawful means including but
not limited to negotiations with landowners and, if necessary, proceedings in
eminent domain.
3.02 The City Council by this resolution directs the City Manager, his staff, and Wolfe,
Tidwell & McCoy, LLP, attorneys —as necessary and in the appropriate
sequence —to have the Right-of-way appraised by a certified appraiser, to send
the landowner(s) a copy of the appraisal and the landowner's bill of rights
statement, to enter into good -faith negotiations with the landowner(s), to make a
bona -fide offer and make any necessary final monetary offers in an attempt to
acquire the Right-of-way on and under the affected real property consistent with
the appraisal(s), when appropriate, and to convey the City's desire to acquire the
Right-of-way in an efficient manner, and, if necessary, to institute proceedings in
eminent domain and take all necessary actions in such proceedings to condemn
and acquire the Right-of-way. The City Council hereby authorizes and ratifies
any such actions taken thus far, and hereby further asserts its full authority, to
the greatest extent provided by law, to acquire the Right-of-way identified in
Section 2, above.
Section 4. Effective Date.
This resolution shall take effect immediately upon its passage.
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 3
PASSED by the City Council of Anna, Texas, this 13th day of November, 2014.
ATTESTED:
City Secretary, Natha Wilkinson
APPROVED:
Mayor, Mike Crist
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 3 OF 3
Right -of Way Dedication
51 349 Square Feet or 0.123 Acre
Grandison Stan( Survey, Abstract IVo, 798
Collin County, Texas
November25, 2093
ExhibitA
SITUATED in the State of Texas and County of Collin, being part of the Grandison Stark Surrey,
Abstract No. 798 and being part of Tract 2, conveyed to Add G. Wilson as recorded in Volume 408,
Page 90 of the Collin County Land Records with sold premises being more particularly described as
fo(lows:
BEGINNIAIG of a Glas capped iron rod sat in khe east right—of—way line of State Highvray No. 5
(100Right—of—Woy) marking the northwest comer of said premises, the southwest comer of a called
14361 acre tract (Tract 4) as recorded under County Clerk File No. 96-0110243 of the Collin County
tend Records, being in the north line of County Road 422, and being in the west line of said Tract
2;
THEPICE with the north line of County Road 422, the north line of said promises, and the south
Tine of said 14.761 acre tract, South 89'00'39" East, 84.61 feet to a Glas capped iron rod set in the
est line of the Dallas Area Rapid Transit Railroad (called 100' right—of—way per Tract 2) marking the
northeast corner of said premises, the southeast corner of said 14.761 acre tract, and being in the
oast line of said Tract 2;
THENCE with the west line of said DART line, the east line of said Tract 2, and the east line of
sold premises, South 19'48'29" West, 62.66 feet to o Gfas capped iron rod sek marking tfie southeast
corner of said premises and being in the south right—of—way line of a proposed road (80'
Right—of—Woy);
THENCE with the south line of said premises and the south line of said road, North 89'35'55"
West, 59.91 feet to o Glos copped iron rod set and South 55'D6'17" Nest, 4D.81 feet to a Glas
capped iron rod set in the east right—of—way line of State Highway No. 5 marking the southwest
corner of said premises, and being in the west line of said Tract 2;
THENCE with the east right—of—way line of State Highway No. 5, the west line of said Trott 2,
and the west line of sold premises, Norkh 19'48'29" East, 88.58 feet to the point of beginning and
containing 5,349 square feet or 0.123 acre or land.
NOTE: Tract 2, conveyed to Add G. Wilson as recorded in Volume 408, Page 90 of the Collin
County Land Records colts fvr the DART line to be a 100' right—of—way; however, the deed to
Houston &Texas Central Railway Company as recorded in Volume V, Page 603 of the Collin County
Land Records calls for the right—of—way to be 2001
0
Y
Wolfe/ /)
Officeas /(7 496-2084
I / / / /
Right -of -Way Dedication
5,349 Square Feet or 0.123 Acre
Grandison Stark Survey, Abstract No. 798
Collin County, Texas
State HighWay Noa Novembe � � �2013
(100' Righhtt-of-Way)
rock road' �( ./ pQB
0
Q
0
J
qTffR.,/N signs
Scale: 1 `100'
Anna Town Center No. 4�SHRl? Ltd.
Called 129.92 Acres (Tract 1)
Vol. .5631, Pg. 2600, CCLR
CountyRoad 422
(Rock Road)
L sign of--
a . rock road, o 4
Property Line per Houston &
Texas Centro/ Railway Company
(Called 200' Right -of -Way)
Vol. V. Pg. 603, CCLR
NE
................
B89 ING
._ DISTANCE
L
39"E
84.61'
L2
S19@48'29"W
62.66'
L3
N89635'55"W
59.91'
L4
S55'06'17"W
40.81'
L5
N19'48'29"E
88.58'
Notes: 1) Survey was performed without the benefit of a title
commitment. 2) Subject property affected by any or all easements of
record. 3) Source bearing is based on GPS North as observed on July
31, 2011 4) CM is a controlling monument. 5) Glas capped iron rods
set at all property corners. 6) DART = Dallas Area Rapid Transit.
7) Right —of —Way for State Highway No. 5 established using Texas
DeDartment of Transportation Riaht—of—Wav MOD dated October 1934.
Wolfe City, Texas 75496
Office: (903) 496-2084
www.gloslandsurveying, cam
2
W
J
CITY OF ANNA, TEXAS
Item No. 16
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
November 13, 2014
Joseph Johnson
Attached
AGENDA SUBJECT:
Consider/Discuss/Action regarding a Resolution authorizing the City Manager to execute a
contract for the construction of the Public Works Parking Area Project.
SUMMARY:
The parking area for the Public Worl<s facility is in poor condition and should be replaced in
order to provide improved access to visitors and ADA compliant access for Americans with
disabilities. The facility is located at 3223 N. Powell Parkway. This project will replace the
existing gravel surface with concrete. The facility currently houses a maintenance facility
and professional offices for Public Works. Planning & Development staff is scheduled to
relocate to the facility by the end of November 2014.
City staff solicited sealed bids in accordance with State law, and opened said bids on
October 301 2014 at 2:00 P.M. Of the five bids received, the low bid was submitted by PWR
Concrete, Inc. of McKinney, Texas in the amount of $68,526.00. Our consulting engineer has
determined that the company has the experience, equipment, and capability to complete
the project satisfactorily. Additionally, our consultant has recommended that the City of
Anna accept the bid from PWR Concrete, Inc. and award them a, contract in the amount of
$68,526.00. Exhibits are listed below:
1. Award Recommendation Letter
2. Bid Summary
3. Tabulation of Bids
4. Proposed Resolution
There are $59,975 available for this Project from the General Fund assigned fund
balance. Staff recommends that the Council approve the transfer to the Project of
$8,281 available in the FY 2015 Budget contingency appropriation.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution which authorizes the City Manager
to execute a contract with PWR Concrete, Inc., and approves a contingency appropriation
for the Project.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONTRACT WITH PWR CONCRETE, INC. FOR THE CONSTRUCTION
OF THE PUBLIC WORKS PARKING AREA PROJECT, AND APPROVING A
CONTINGENCY APPROPRIATE FOR SAID PROJECT.
WHEREAS, the parking area for the Public Works facility is in poor condition and in need of
replacement (the "Project"); and,
WHEREAS, an improved concrete surface would benefit those visiting Public Works and
Planning &Development offices through improved access; and,
WHEREAS, the Project will comply with accessibility requirements as established by the
Americans with Disabilities Act; and,
WHEREAS, City of Anna, Texas staff, having solicited competitive sealed bids in accordance
with State law, opened said bids on October 30, 2014 at 2:00 P.M.; and,
WHEREAS, PWR Concrete, Inc. is the apparent low bidder having submitted a bid of
$68,526.00; and,
WHEREAS, there are $59,975 available for this Project from the General Fund assigned fund
balance; and $8,281 available in the FY 2015 Budget contingency appropriation; and,
WHEREAS, the City Council desires to authorize the City Manager to award the Project bid
to and execute a contract with PWR Concrete, Inc. for construction of the Project;
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. Authorization of Contract Award.
The City Council hereby authorizes the City Manager to execute the Contract Agreement
with PWR Concrete, Inc., attached hereto as Exhibit 1, and authorizes, ratifies and
approves the City Manager's execution of same. The City Manager is hereby authorized to
execute all documents and to take all other actions necessary to finalize, act under, and
enforce the Agreement.
Section 3. Contingency Appropriation
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1
� �U
Consistent with Section 7.08 of the Anna City Charter, the City Council hereby authorizes the
City Manager to transfer $8,281 from the FY 2015 Budget Contingency Appropriation to the
Public Works Facility Remodel Project.
PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 13t" day
A November 2014.
ATTEST:
Natha Wilkison, City Secretary
APPROVED:
Mayor, Mike Crist
CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 1
CONTRACT AGREEMENT
THIS Public Works Parking Lot Contract (hereinafter this "Contract Agreement") entered into
this day of 2014 by and between the CITY OF ANNA, TEXAS, a Texas
municipal corporation, ("City") and PWR Concrete Inc., located in McKinney, ("Contractor").
WITNESSETH:
WHEREAS, the City wishes to contract for the project identified as Public Works Parking Lot
the "Project"); and
WHEREAS, the Project shall include all work and activities necessary to complete the following
scope of work (hereinafter referenced as "Work"): Pave the parking area at the City's Public Works
building in accordance with the Contract Documents as that term is defined herein; and
WHEREAS, the Contractor has represented to the City that its personnel are qualified to
provide the Work required in this Contract Agreement in a professional, timely manner as time is of the
essence; and
WHEREAS, the City has relied upon the above representations by the Contractor; and
WHEREAS, the City's consulting engineer has recommended that an agreement for aforesaid
construction be entered into with 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:
Section 1. DOCUMENTS INCORPORATED BY REFERENCE
This Contract Agreement includes the recitals set forth above and the following documents:
Invitation to Bid;
Notice to Bidders;
Qualification Statement of Bidders;
Qualification Statement of Bidder's Surety;
Prevailing Wage Rates for Municipal Construction in Anna, Texas;
Vendors Compliance to State Law;
Conflicts of Interest Questionnaire;
Affidavit Against Prohibited Acts;
Proposal and Bid Form;
Request for Certificate of Exemption from Texas Limited Sales,
Excise
Any executed Change Orders;
Supplementary General Provisions and Technical Specifications; and,
Plans, Specifications and Drawings and all other documents made available to bidder for his
inspection in accordance with Invitation to Bid,'
all of which are hereby incorporated herein by reference, whether or not attached hereto, and made a
part hereof (hereinafter along with this Contract Agreement and 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.
Documents not included or expressly contemplated in this Section 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 Contract Agreement, this Contract Agreement
shall control.
Section 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:
2.01 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;
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 of 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.
Section 3. INTENT AND INTERPRETATION
With respect to the intent and interpretation of the Contract, the City and the Contractor agree as
follows:
3.01 This Contract Agreement (along with its exhibits and other documents expressly referenced in
Section 1, above), together with the Contractor's and Surety's bid/proposal bond, performance
and payment bonds, and maintenance bonds for the Project 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.
If plans, specifications or drawings are too bulky or cumbersome to be physically bound, they are to be
considered incorporated by reference into the aforementioned contract documents.
2
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 with no increase
to 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. 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
such 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 Contract Agreement and any other document, this document shall
H1�I7iil�iTi1
the case of any conflict, discrepancy or inconsistency among any of the other Contract
Documents, and such conflict is not resolved by reference to the Supplementary General
Provisions and Technical Specifications, then the Contractor shall notify the City
immediately upon discovery of same for resolution.
Section 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:
3
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 or expressly excluded by specific
reference, in accordance with the terms herein.
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,
specifications, 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.
Section 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 14 calendar days following the issuance of the Notice to Proceed, (sometimes
hereinafter referred to as the "Contract Time"). This Contract Time includes 0 inclement weather
days. 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.
5.02 For each and every calendar day of unexcused delay in achieving Substantial Completion
beyond the date set forth herein for Substantial Completion, the Contractor shall pay the City
the sum per day (or said per -day sum shall be deducted from the monies due the Contractor) as
set forth in the following schedule:
AMOUNT OF CONTRACT AMOUNT OF LIQUIDATED DAMAGES
Less than $25,000.00 $100.00 Per Day
$25,000.00 to $991999.99 $160.00 Per Day
$100,000.00 to $999,999.99 $240.00 Per Day
More than $1,000,000.00 $500.00 Per Day
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,
11
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/engineer or other appropriate independent contractor or
representative 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 Contract 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 section by giving written notice to the City Manager within10 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
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
ti�
or subsequently agreed upon, they shall form the basis for cost calculations under any
claims for delay.
(2) Any claim for extension %J time shall be made in wrng to the City, not more than 10
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 10 calendar days. Within 10 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.
Section 6. FIXED PRICE AND CONTRACT PAYMENTS
6.01 The City shalland the Contractor shall accept, as full and complete payment for the
Contractor's timely performance of its obligations hereunder the fixed price of 68 526. 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 Section 6 and as set forth here:
(1) On or before the 10'h 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. At 75% completion of the Contract, by dollar value, and at the option
of the City, retainage may be reduced to 5% plus an additional amount as detailed in
Section 6.06 below for any part of the Work that is defective or non -conforming and in
Section 5.02 above for anticipated liquidated damages.
(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.
(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,
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 Contractor'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;
(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
such demand. The City's rights hereunder survive the term of this Contract 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 ou 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.
Section 7. INFORMATION AND MATERIAL SUPPLIED BY THE CITY
7.01 The City has furnished to the Contractor, prior to the execution of this Contract 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
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.
Section 8. CEASE AND DESIST ORDER/OWNER'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 section shall be in addition to the City's ability to remove portions of the
Work from the Contract and complete it separately.
Section 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.
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:
NAME FUNCTION
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 submittal of the first application for payment. 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 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 Contract 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
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 Section 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, Section 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 Owner 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 Owner, the Contractor shall furnish satisfactory evidence as to the kind and
quality of materials and equipment.
Section 10. INDEMNITY
Except for expenses or liabilities arisinq from the negliqence 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 iniury,
accidental death or property damage, and regardless, of whether the allegations are
false fraudulent or groundless), and costs (including reasonable attorney's fees,
litigation, arbitration, mediation, appeal expenses incurred in any matter, including a
proceeding to enforce this Section 10) which in whole or in part are caused by the
negligence, recklessness or intentional wrongful misconduct of the Contractor and
Persons employed by or utilized by the Contractor in Contractor's performance of this
Contract Agreement.
10.02 Contractor's obligation to indemnify, defend and hold harmless shall remain in effect and
shall be binding upon Contractor whether such iniury 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 Contract Agreement.
Section 11. CLAIMS BY THE CONTRACTOR
Claims by the Contractor against the City, other than for time extensions covered by Section 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 Section 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.
Section 12. SUBCONTRACTORS
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.
Section 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 Section 6 hereof), or the time for the Contractor's performance, or any combination
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 supporting materials 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.
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 performed
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 Owner shall be based on the following
schedule:
Contractor's Materials Cost
+ Contractor's Direct Labor Costs
+ Contractor's Equipment Costs (includes owned/rental equipment)2
+ Applicable Subcontractor Costs
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.
=Subtotal of Costs to the Contractor
+ Contractor's Overhead and Profit
=Total Cost or Credit to the Owner
13.08 Nothing Contained in this section shall be deemed to contradict or limit the terms of Section
6.05 above.
Section 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.
14.05 In addition to its warranty obligations set forth elsewhere in this Contract 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.
14.06 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
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.
Section 15. CITY'S RIGHT TO SUSPEND CONTRACTOR'S PERFORMANCE
15.01 In addition to the City's rights under Section 8 and elsewhere in this Contract 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 section, 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
Contract Agreement, and the Contract 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 section shall be in addition to those contained elsewhere in the
Contract or provided by law.
Section 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
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 owner 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 owner 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
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 Section shall be in addition to those contained elsewhere herein or
provided by law.
Section 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 Contract
Agreement, with insurers acceptable to City, the types and amounts of insurance conforming to
the minimum requirements set forth in this Contract 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.
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
limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 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 OWNER and CONSULTANT. In such event, CONSULTANT shall, prior to the
effective date of the change or cancellation, serve substitute policies furnishing the same
coverage.
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 Contract Agreement.
17.07 Contractor shall deliver to City the required certificates) of insurance and endorsements)
before City signs this Contract 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 Contract
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 30 days prior to the renewal date.
17.11 In addition to the coverages required herein, the Contractor shall furnish and maintain all-risk
builder's risk property insurance, satisfactory to the City, upon the entire Work at the site to the
full replacement cost of the completed project. This coverage shall name City as an additional
insured, must include the interests of the Contractor, subcontractors and sub -subcontractors in
the Work, and must be procured from an insurer licensed to do business in the State of Texas
with a Best's rating of "A+, A, A-". The policy must insure against perils including, but not limited
to, earthquake, fire, extended coverages, windstorm, lightning, flood, and physical loss or
damage, including theft, vandalism and malicious mischief.
Section 18. PERFORMANCE AND PAYMENT BONDS; SURETY BONDS
18.01 Contractor shall provide City with a Performance Bond, a Payment Bond, and a Maintenance
Bond meeting the standards specified in the Contract Documents, on the forms provided by the
City, and attached hereto, with a Power of Attorney Affidavit, each in an amount not less than
the Contract price.
18.02 Sureties' qualifications. All bonds, to the extent required under the Contract, including, but not
by way of limitation, any Bid/Proposal Bond, Performance Bond, Payment bond, or Maintenance
Bond shall be written through a reputable and responsible surety bond agency licensed to do
business in the State of Texas and with a surety which holds a certificate of authority authorizing
it to write surety bonds in Texas and maintains a current certificate of authority as an acceptable
surety on Federal Bonds in accordance with U.S. Department of Treasury Circular 570.
However, if the amount of the bond exceeds the underwriting limitations set forth in the Circular,
in order to qualify, the net retention of the surety company shall not exceed the underwriting
limitation in the Circular and the excess risk must be protected by co-insurance, reinsurance, or
other methods in accordance with Treasury Circular 297, revised September 1, 1978 (3) CFR
Section 223.10 - Section 223.111 and the surety company shall provide the City with evidence
satisfactory to the City, that such excess risk has been protected in an acceptable manner.
18.03 Additional or replacement bond. It is further mutually agreed between the parties hereto that if,
at any time, the City shall deem the surety or sureties upon any bond to be unsatisfactory, or if,
for any reason, such bond (because of increases in the work or otherwise) ceases to be
adequate, the Contractor shall, at its expense within five days after the receipt of notice from the
City so to do, furnish an additional or replacement bond or bonds in such form, amount, and
with such surety or sureties as shall be satisfactory to the City. In such event, no further
payments to the Contractor shall be deemed to be due under the Contract until such new or
additional security for the faithful performance of the work shall be furnished in manner and form
satisfactory to the City.
18.04 As applicable to all bonds required under the Contract, the surety company shall have a Texas
agent whose name shall be listed in the prescribed space on the forms provided by the City for
all bonds required by the City, or otherwise listed therein if the form of the Bond is not
prescribed by the City.
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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 Contract Agreement.
Section 20. APPLICABLE LAW
The laws of the State of Texas shall govern this Contract Agreement. In any litigation arising under this
Contract 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.
Section 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.
Section 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 Contract 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:
If to the City:
City of Anna
Attn: City Manager
111 North Powell Parkway
P.O. Box 776
Anna, Texas 79406
If to the Contractor:
Section 23, ENTIRE AGREEMENT
Aside from duly authorized Change Orders, any modification to this Contract 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 Section shall be construed to limit the City's authority to issue changes set forth in
Section 14 herein.
Section 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, conditions or applications which can be given
effect without the invalid term, condition, or application. To this end, the terms and conditions of the
Contract are agreed to be severable.
Section 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.
IN WITNESS WHEREOF, the Parties have executed this Contract Agreement under
their respective seals on the day and year first written above.
CITY OF ANNA, TEXAS
Philip Sanders, City Manager
ATTEST:
Natha Wilkison, City Secretary
(SEAL)
PWR Concrete, Inc.
BY:
ATTEST:
SECRETARY
(SEAL)
(name and title of authorized representative)
BIRKHOFF, HENDRICKS & CARTER, L.L.P.
PROFESSIONAL ENGINEERS
11910 Greenville Ave., Suite 600
JOHN W. BIRKHOFF, P.E.
GARY C. HENDRICKS, P.E.
JOE R. CARTER, P.E.
MATT HICKEY, P.E.
ANDREW MATA, JR,, P.E.
JOSEPH T. GRAJEWSKI, 111, P.E.
DEREK B. CHANEY, P.E.
CRAIG M. KERKHOFF, P.E.
Mr. Joseph Johnson
Director of Public Works
City of Anna
I I I North Powell Parkway
Anna, Texas 75049
Dallas, Texas 75243 Fax (214) 461-8390 Phone ( ) 361-7900
Re: Public Worlcs Building —Parking Lot Construction
Dear MI•. Johnson:
November 5, 2014
We have checked the bids received at 2:00 p.m., Thursday, October 10, 2014, for the Public Worlcs Parking
Lot project.
PWR Concrete,of McKinney, Texas submitted the low bid in the amount of $68,526.00:
The statement of qualifications and references provided shows that PWR Concrete, Inc. has a record of
satisfactorily completing similar projects. Based on the information provided and our check of references, it is
our opinion that PWR Concrete, Inc. has the experience, equipment, and capability to complete this project
and that the City accept the bid from PWR Concrete, Inc. and award them a contract for the amount of
$683526900
We are available to discuss our recommendation further at your convenience.
Sincerely,
r,
L� �G'X
Craig M. Kerkhoff, P.E.
Enclosures
cc: Mr. Philip Sanders
TBPE Firm S26 TBPLS Ftrm 100318-00
ACEC GVellness Firm �
Better Decisions
-Better Designs
j:\clericallanna\I-general
services\4007-city projects\I72-public works site paving\IettersUdbid
review lettecdoae
CITY OF ANNA, TEXAS
Public Works Parldng Lot
BID SUMMARY
Bids Received at 2:00 p.m., Thursday, October 30, 2014
Contractor
1. PWR Concrete, Inc.
P.O. Box 1514
McKinney, Texas 75070
2. RKM Utility Services, Inc.
1805 Royal Lane, Suite 107
Dallas, Texas 75229
3. KT Contracting, LLC
7306 CR 410
McKinney, Texas 75071
4. Quality Excavation, Ltd.
958 U.S. Hwy. 377 South, Suite 200
Aubrey, Texas 76227
5. Lynn Vessels Construction, LLC
P.O. Box 1212
Sherman, Texas 75091
Total Amount Bid
$ 68,526.00
E� 1 111 11
$ 99,971.35
$ 99,992.00
$ 108,580.80
Bid Bond
Personal Check #5079
for $3,426.30
No Bid Bond
No Bid Bond
No Bid Bond
Bid Bond (5% G.A.B.)
:\ClericalWnna\I-General Services\A007-City Projects1172-Public Works Site Paving\Bid Does By Cily of Anna\P&BS-2.xlsx
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CITY OF ANNA,TEXAS
Item No. 17
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
November 13, 2014
City Manager
Yes
AGENDA SUBJECT:
Consider/Discuss/Action regarding a Resolution authorizing a Request for Qualifications
(RFQ) for architectural services.
SUMMARY:
The fiscal year 2015 budget includes funding to select a qualified architect to develop
conceptual designs for a new city hall facility based on the recently updated facilities
needs assessment. Funds for this project will come from the General Fund unrestricted
Fund Balance. The Request for Qualification (RFQ) attached with this Resolution would
solicit statements of qualifications from architectural firms interested in provided design
services for a new city hall facility.
With the assistance of Melissa Brand-Vol<ey of BV Architects, Staff will review the RFQ's
and make a recommendation to the City Council regarding the selection of an architect
and a contract for services. BV Architects was hired by the City to develop the facility
needs assessment. Responses to the RFQ will be due in December, and we anticipate
making a recommendation to the Council in January.
STAFF RECOMMENDATION:
Staff recommends approval of the attached Resolution.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION AUTHORIZING A REQUEST FOR QUALIFICATIONS (RFQ) FOR
ARCHITECTURAL SERVICES.
WHEREAS, he fiscal year 2015 budget includes funding to select a qualified architect to
develop conceptual designs for a new city hall facility based on the recently updated
facilities needs assessment; and
WHEREAS, funds for this project will come from the General Fund unrestricted Fund
Balance;
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. Authorization of RFQ
The City Council hereby authorizes the City Manager to issue the Request for
Qualification for architectural services, attached hereto as Exhibit 1, and incorporated
herein for all purposes.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 13tn
day of November 2014.
• • • .Z�1�L=L
Mike Crist, Mayor
ATTEST:
Natha Wilkison, City Secretary
CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1
Request for Qualifications
for Pre -Design Services for a New City Hall
City of Anna, Texas
Date November 14, 2014
Due Date December 117 2014 at 3:00 pm
The City of Anna is seeking a consultant to assist in the design and construction of a New
City Hall. As part of this project the City would like the consultant to assist in the exploration
of development options which could include working with a developer and/or a stand-alone
building.
1. Background
The City of Anna has an estimated current population of 11,000 up from 8,100 in 2010.
An updated Space Needs Assessment was completed in February of 2014. This study
indicated the City will need a City Hall of approximately 30,000 SF as it grows to 25,000
population which is estimated to be in 2025. An additional 7,000 SF would be needed
for the 50,000 population milestone.
2. Scope
Pre -Design Services
1. Review Space Needs Assessment and Provide Program of Spaces and
discuss adjacencies and flows in City Hall.
2. Meet with City and possible Developers to discuss options the city might
explore.
3. Provide two to three conceptual designs as directed by city.
4. Provide opinions of cost for these options.
5. Provide images of selected option for Bond Elections information as needed.
Continued Services
Once bond approval or other method of financing is secured, the city may elect to
provide written notice to the consultant to provide continued services for design and
construction. A continuing contract will be negotiated at that time.
3. Criteria
The purpose of this RFQ process, is to identify qualified firms that are the most capable
of providing the described services. The RFQ submittal should be organized to clearly
address the following criteria which, among others, will be used in the evaluation of
qualifications:
• Prior experience with public sector clients for projects of similar scale and
complexity
• Professional qualifications of individuals assigned to the project
• Design philosophy and approach to design in general
• History of effective schedule and budget management for project of similar scale
and complexity
• Use of the processes that creatively engage the various City departmental staff
and other stakeholders in all stages of design
• Commitment to developing an energy efficient and healthy building
The contract will be awarded to the most responsible firm whose proposal will be, on an
overall basis, most advantageous to the City of Anna. Qualifications, experience, and
performance factors will be considered as elements of a responsible proposal, the
determination of which shall be at the sole discretion of the City of Anna. The City's
selection decision is not subject to recourse action.
4. RFQ Response Format
Each response shall be submitted as outlined in this section. Please include an outside
cover and/or first page, the name of the Project, responding company and the contact for
this RFQ.
A table of contents should be next, followed by dividers separating each of the following
sections:
a. Divider #1: Cover Letter
The first page following the divider shall be a letter transmitting the response to the
City. At least one copy of the transmittal letter shall contain the original signature of a
partner, principal, or officer of the Respondent.
b. Divider #2: Firm Information
1) Firm name, addresses, and telephone numbers of all firm offices.
a) Identify which office in which the majority of the work will be done
2) Structure of firm, i.e., sole proprietorship, partnership, corporation, and size of
firm.
3) Years firm has been in business.
4) Names of principals in firm.
5) Primary contact for this project and location of this person
6) Documentation that the firms on the Architect's team (architects and engineers)
are registered in the State of Texas.
7) A brief history of the Architect and the services routinely provided in-house on
municipal (or related) building projects.
8) An organization chart that explains team member responsibilities and location.
9) The resumes of all persons to be assigned to the project with their prospective
roles identified.
10) Provide Information on proposed consultant firms and resumes of key personal.
c. Divider #3: Legal Status, Contract and Insurance
1) List any actions taken by any regulatory agency against or involving the firm or its
agents or employees with respect to any work performed.
2) List all litigation against or involving the firm or its agents or employees with
respect to any work performed.
3) All insurance coverage that the firm has which would be applicable to the work.
4) The Professional Services Agreement attached in the Appendix will be the one
used for this project. Please note in this section any issues or exceptions you will
request.
d. Divider #4: Experience and References
1) Discussion of Architect's experience in working with Government Agencies.
2) List of representative Municipal (and Governmental) projects, whether ongoing or
completed, including references. Please begin with projects in Texas. For each,
please provide:
i. Project name and location
ii. Year completed
. Short description of project
iv. Names, addresses, and phone numbers of owner and contact person
tasked with daily responsibilities of project.
3) List of all projects currently under contract or awarded approximate construction
value and phase they are in.
e. Divider #5: Management and Organizational Approach —please describe your
management and organization approach to the project. The following should be
addressed within this description:
1) '
Please describe your firms understanding of the project.
2) Describe how the firm will organize to perform the services.
3) Describe how the firm will solicit in the design phases the interested
stakeholders. This could include community residents, City Council, staff and
users.
4) Describe the architectural team's approach to communication with the City.
5. Submittal Deadline
The City will accept Responses to this RFQ until 3:00 pm on December 11th, 2014 after
which time all Responses timely received, will be publicly opened, and the names of the
Respondents read aloud. Responses received after that time will not be considered and will
be returned unopened.
Page 3 of 4
6. Place for Submission:
One (1) original and five (5) copies and one (1) electronic version of the Responses must be
submitted to the following address by mail or in person as follows:
City of Anna
Attention City Secretary
111 North Powell Parkway
Anna, Texas 75409
(972) 924-3325
Responses will not be accepted by email or facsimile.
It is the responsibility of each Respondent to make sure Responses are submitted in a
timely manner. The City is not responsible for delays in mail delivery, or failure of couriers to
deliver Responses prior to the expiration of the deadline for submission. The City shall not
be obligated to reimburse any expenses incurred by the Respondent in preparing a
Response, which is not accepted or considered.
7. Please refer Questions by email or phone to the City's RFQ Coordinating
Consultant:
Melissa Brand-Vokey
B/V Architects
mbv@bv-arch.com
(972) 741-3705
Email intent to respond to mbv@bv-arch.com to be included in pre -submittal
correspondence.
8. Reservation Of Rights, Terms and Conditions
This RFQ does not commit the City of Anna, Texas to award a contract, to pay any costs
incurred in the preparation of proposals to this request, or to proceed with design and/or
engineering services. The City of Anna reserves the right to accept or reject any or all
proposals received as a result of this request, to negotiate with any qualified source, or
to cancel in part, or in its entirety, the Request for Qualifications if it is in the best interest
of the City of Anna. The City may require the selected candidate to participate in
negotiations, and to permit such price, technical or other revisions of their proposals that
may result from said negotiations.
9. Appendix
A. City Hall portion of the 2014 City of Anna space needs assessment
B. Proposed Professional Services Agreement.
Anna Citywide Needs Assessment Update
T naI City Hall
15,000 Area
Additional 25,000
Additional 50,000
Staff
Requirements
Staff
Area Requirements
Staff
Area Requirements
City Hall
Public Lobby
1
1,470
0
390
0
585
Council/Courtroom
0
2522
0
1,648
0
780
Court Administration
3.5
1,413
0
104
1.5
100
Utility Billing/Cust. Service
2
798
1
-
1
100
City Manager
3
15812
0
-
2
546
Economic Development
2
572
0
2
559
Personnel
1
312
2
754
1
270
Information Services(IS)
1
312
0
364
0
Finance
4
1,360
1
187
3
608
City Secretary
1
13001
1
837
1
270
Recreation Administration
0
-
2
620
0
-
Development Services
7
2,685
1
130
0
260
Health/Code Department
1
169
3
681
2
364
Building Support
0
1,942
0
0
1,006
26.5
163368
11
5,716
13.5
5,450
30% Building Circ. Factor
4,910
15715
1,635
Total City Hall Square Footage
215279
71431
7,084
Total City Hall
27
21,279
11
7,431
14
7,084
Total City Hall
26.5
21,279
38
28,710
51
35,794
Future Courts
Court Administration
2
356
Court Lobby
0
11802
Courtroom
0
3,882
2
6,040
40% Building Circ. Factor
2,416
Total Courts Square Footage
2
81456
Total City Hall and Future Coma
53
44,250
February 2014
Requirements Data Slicet
ublic Lobby
Vestibule
Lobby w/ waiting (30)
Display
Pa)rnent/lnfo Kiosk
Infonnation/Switchboard T
Voting Machine Storage
Toilets (2 stalls)
Cotine il/Comtrooin
Conference (4)
Sound/Security Vestibule
Seating (30-80 Seats)
Council Dias (7+2)/ Judge
Staff Tables
Television/AN Control
Exec Conf/ Jury
Kitchenette _
Storage
et Subtotal
)% Circulation
�tal Gross Sq. Footage
Council Room (950 SF)
Users to Ih Accommodated
Anna Citywide Needs Assessment Update
Public Lobby/Council/Court
Current Space Unit Unit
Staff Code Size Area
80
30
2x10 20
25
WS5 M 108
9x12 108
165
10
120
100
20
20x40 800
200
80
30
_ - -- 80
72
150
54
15000 Poulation 25
,p,000 50,000
Are
a Requirements Add'1 Area Req. Add'I Area Req,
No. Total j No. Total No. Total
Staff Spaces Area Staff Spaces Area Staff Snaces Area
1 100 -
30 600 20 400
0.5 400 0.5 400
1 200
1 80
12 360 4 120
1 80 - —
1 2 14+
� e�� i ceo won
February 2014 ��
15000 Poulation 25
,p,000 50,000
Are
a Requirements Add'1 Area Req. Add'I Area Req,
No. Total j No. Total No. Total
Staff Spaces Area Staff Spaces Area Staff Snaces Area
1 100 -
30 600 20 400
0.5 400 0.5 400
1 200
1 80
12 360 4 120
1 80 - —
1 2 14+
� e�� i ceo won
February 2014 ��
Requirements Data Sheet
Anna Citywide Needs Assessment Update
Court Administration/Utility Billing
15,000 Population 259000 50,000
Arca Requirements Add'1 Area Req. Add'I Area Req.
Current Space Unit Unit No. Total No. Total No. Total
;m Description I Staff Code Size Area Staff Spaces Area Staff Spaces Area I Staff Spaces Area
ourt Administration
Queuing Area
Clerk Window 1
10
80
10 100 -
1 2 160 -
-
-
Work / Copy/Scan
80
1 80 -
-
Records
80
1 80 1 80
-
Clerk
WS3 7x8 77
-
1 ] 7
Warrant Officer
WS5 9x9 108
0.5 1 108 -
0.5 -
Administrator
PO4 12x15 180
1 1 180 -
-
Juvenile Records
Storage
Break (Share with Cast Serv)
25
80
120
1 25 -
1 80
1 120-
-
Judge 0.5
WS3 7x8 77
0.5 1 77
I -
Prosecutor 1 0.5
WS3 7x8 77
_ __ ...
0.5 1 77 -1
..--
-
30% Circulation
Total Gross Sq. Footage
Court Administration
Total at 50,000
ICust. Service
Queuing Area
rust Service Rep. Window
rust. Serv. Super.
rust Service Rep.
Work/Copy
30% Circulation
Total Gross Sq. Footage
Utility Billing/Cust. Service
i
Total at 50,000
Perk Users to be Accommodated
2 I 13.5 1,026 80 1.5 23
1,413
1,413
3.5
1 80 1 2 160 1 - -
1 PO3 12x12 144 1 1 144-------------------
- -
WS3 7x8 77 - - 1 1 77
80 1 80
50 1 50 - -
-
80 1 80 - -
2 2.0 614 1.0 - 1.0 77
184 - 23
798 - 100
2.0 798 1.0 - 1.0 100
798 4 898]
February 2014
Anna Citywide Needs Assessment Update
City Manager and Economic Development
Requirements Data Shect
ItemDescription
Current
Staff
Space
Code
Unit
Size
Unit
Area
15,000 Population
Area Requirements
No. Total
Staff Spaces Area
25,000
Add'l Area
No.
Staff Spaces
Req.
Total
Area
50,000
Add'I Area
No.
Staff Spaces
Req.
Total
Area
City Manager
Waiting
20
5
100
-
-
AdminAsst
1
WS6
9x12
144
1
1-
Asst to CM
0.5
WS6
9x12
144
1
1
144
-
-
Files
City Manager
Coat Closet
PO6
PO5
PO4
-- -
15x22
12x20
12x15
14x24
l Oxl2
50
330
6
240
180
336
120
60
72
80
1
1
1
1
1
1
2
1
50
330
6
-
-
336
60
144
80
-
1
-
-
-
-
Deputy City Manager
Public Information Officer
Conference (12)
Work/Copy( at City Sec.)
CoMe/Coats
-
1 1
240
-
1 1
180
-
-
-
-
-
-
Toilet (Single) -
-
-
-
-
Storage/files
Net Subtotal
2.5
1
0.5
3.0
1,394
-
2.0
420
30% Circulation
Total Gross Sq. Footage
City Manager
Total at 50,000
Economic Development
Economic Dev. Director
Assistant
Waiting
Cont' (access to)
418
-
126
PO5
WS4
12x20
7xl0
240
100
20
50
80
L812
-
546
3.0 11812 - 2.0
5
546
2,358
1.0 1 240 -
1 2 200 2.0 2
5
1
- - 1
-
2 00
100 i
50
80
Files
Storage
_
Net Subtotal
1.5
2.0
440
-
2.0
430
30% Circulation
Total
Economic Development
Total at 50,000
132
-
129
572
-
559
2.0
572
-
572
2.0
4
559
11131
reap users to ce Accommotlatetl
February 2014
Requirements Data Shect
.pry �ecreraiy
Waiting
Public Records Review
City Secretary
City Room
Mayor's Office
Asst. City Secretary
Admin. Assistant
Files
FireproofFile Storage
Work/Copy (shared)
Storage
det Subtotal
Anna Citywide Needs Assessment Update
City Secretary and Recreation
15,000 Population 259000 509000
Area Requirements Add'I Area Req. Add'1 Area Req.
Ctnrent Space Unit Unit No. Total No. Total No. Total
Staff Code Size Area Staff Spaces Area Staff Spaces Area Staff Spaces Area
I
20
WS2 7x7 70
P05 12x20 240
500
P03 12x12 144
WS6 9x12 144
WS5 9.x9 108
100
_ 120
120
60
3 60 -
1 70
1 1 240
_...._..............._...... i _. 1 -` 500
- -
-
-
-
-
1 1 108
- 1 1 144
-
1 1001
1 120 -
1 120 -
1 60 ' SEEMS
1.0 770 1.0 644
1 100
1
1.0 208
% Circulation 231 193 62
Total Gross Sq. Footage
City Secretary
Total at 50,000
Recreation Administration
Coordinator
Storage
'Res
!et Subtotal
% Circulation
otal
Recreation Administration
Total at 50,000
Perak Users to be r\ccommod�ted
20
PO4 12x15 180
WS3 7x8 77
60
60
1
—_,
---
5
-
1
1
1
..
I
60
60
477
143
620
2,109
Anna Citywide Needs Assessment Update
Personnel and Information Services
Requirements Data Sheet
15,000 Population
25,000
50,000
Area
Requirements
Add'1 Area
Req.
Add'] Area
Req.
Current
Space
Unit
Unit
No. Total
No.
Total
No.
Total
Item Description
Staff
Code
Size
Area
Staff
Spaces Area
Staff
Spaces
Area
Staff
Spaces
Area
Personnel
Waiting/Application
WS5
9x9
20
108
5
100 .
1.0
1
-
108
Admin Assist
Personnel Coordinator
0.5
PO2
1 Ox12
120
1
1
120
-
Files
100
1
100
1
100
Director/Manager
Analyst
Storage
PO5
PO2
12x20
1Ox12
240
120
80
1
1 240
-
1
1
1
-
120
80
-
!
0.5
ID Photo/Security
60
-
1
60
Net Subtotal
1
1.0 240
2.0 580
1.0
208
30% Circulation
72
174
62
Total
312
754
270
Personnel
1
312
2.0
754
1.0
270
Total at 50,000
4
1,336
Information Services(IS)
Network Administrator
Work Room
Techs
Server Room
PO4
1 Ox14
140
1
1 140
-
-
200
WS4 8x8 88
100
-
1 200
-
1 100 -
-
-
Storage
80
1
80
-
Net Subtotal
1.0
2401
280
1-
30% Circulation
72
84
Total
312
364
-
Information Sc mices(IS)
1
312
364
Total at 50,006
676
1
676
OPeak Users to be Accommodated
February 2014
Anna Citywide Needs Assessment Update
Finance
Requirements Data Sheet
Item Description
Current
Staff
Space
Code
Unit
Size
Unit
Area
15,000 Population
Area Requirements
No. Total
Staff Spaces Area
255000
Add'1 Area
No.
Staff Spaces
Req.
Total !
Area !
509000
Add'l Area
No.
Staff Spaces
Req.
Total
Area
Finance
Wafting
Acct. Clerk
1 Conf(8)/Audit
Director of Finance
Accountant
Budget
Purchasing Agent/Files�
Cash Count/Safe
Storage
Files
Net Subtotal
30% Circulation
Total
WS4
P05
P03
P03
P03
7x10
llxl8
12x20
12x12
12xl2
12xl2
20
100
198
240
144
144
144
80
80
80
1
1
1
1
3 60
1 100
1 198
1 240
1 144
1 144
1 80
1 80
1 1
144
-
-
-
-
LO
1
1
1
1
1
1
1001
144
144
80
0.5
1
0.5
2
4 1,046
1 144
3.0
468
314
43
140
15360
187
608
Finance
4
1,360
1.0
187
L547
3.0
8
608
25155
Total at509000
-
LI
OPeak Users to be AccommocLited
February 2014
Anna Citywide Needs Assessment Update
Development Services &Health/Code
Requirements Data Sheet
Item Description
Space
Code
Unit
Size
Unit
Area
15,000 Population
Area Requirements
No. Total
Staff Spaces Area
25,000
Add'1 Area
No.
Staff Spaces
Req.
Total
Area
Add'l
Staff
50,000
Area Req,
No. Total
Spaces Area
Current
Staff
Development Services
1
0.5
WS6
PO5
PO4
336
14x24
9x12
12x20
12xl5
20
336
144
200
80
240
180
5
100
-
Waiting
-
Conference (12)
1 336
-
Adrnh Asst./Clerk
1 1 144
-
-
Files (300 new bldg)
1 200
-
1
200
Copy/ Plotter
1 80
-
-
Director ofDev. Services
1 1 240
-
-
Planners
2
2 2 360
-
-
Sr. Planners
PO4
12xl5
180
1
1
180
-
Building Official
0.5
PO5
IWO
240
1
1
240
-
-
Tech
Coffee/Coats
Supplies/Storage
WS4
7x10
100
1
1
100
1
1
100
-
25
60
1
25
-
-
1 60
-
-
1.0 100
30
200
60
Net Subtotal
30 0 Circulation
Total Gross Sq. Footage
Development Services
Total at 50,000
4
7.0
2,065
620
25685
130
260
WS6
9x12
144
7W 21685 1.0 130
8.0 2,815 8 _
3,075
Health/Code Department
Adrah Asst.
-
1 1 144
-
Code Enforcement
WS4
7x10
100
1
1
100
1
1
100
1
1
100
Sanitarian/Inspector
PO4
12x15
180
-
1.0
1
180
1
1
180
Lab/Storage
Files
Net Subtotal
30% Circulation
Total Gross Sq. Footage
100
1
100
-
30
1 30
-
-
1.0 130
3.0 524
2.0
280
39
157
84
169
681
364
Health/Code Department
Total at 50,000
1 169 3.0 681 2.0
6
364
13214
-
w
O Peak Users to be Accommodated
February 2014
Anna Citywide Needs Assessment Update
Building and Staff Support
Requirements Data Sheet
)Peak
15,000 Population 25,000 50,000
Atka Requirements Add'1 Area Req. Add'1 Area Req,
'
Current
Space Unit Unit No. Total No. Total No. Total
ItemDescription
Staff
Code Size Area Staff Spaces Area Staff Spaces Area Staff Spaces Area
Building Support
Break
20
20 400
-
10 200
i Kitchen/Vending
80
1 80
Storage
60
1 60
Toilets (2Stalls)
162
2 324
-
2 324
i!
1 Central Copy/Mall
100
-
1 100
Mechanical
200
1 200
-
Central Electrical
Sprinkler
General Storage
80
60
150
1 80
1 60
1 150
-
-
1 150
Building Control/Engineer
60
1 60
-
-
Central Janitor
80
1 80
-
-
�Net Subtotal
- 1,494
- -
- 774
�30% Circulation
Total
448
-
232
1,942
-
1,006
Building Support
0 1,942 0 0 0 11006
Total at Milestones
1,942 0 21948
I, IT "IT, IT I, IT I I IT I I I I I I I I I I I I I r
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--
—-----------
I I I I I ITT1
-
— -
—
q - -
a
Users to be Accommodated
February 2014
Anna Citywide Needs Assessment Update
Future Courts Addition
Requirements Data Sheet
ItemDescription
Space Unit Unit
Code Size Area
15,000 Population 25,000 50,000
Area Requirements Add'[ Area Req. Add'I Area Req,
No. Total No. Total No. Total i
Staff Spaces Area Staff Spaces Area Staff Spaces Area
Current
Staff
Future Court Addition Lobby
Vestibule
80
-
-
1 80
Lobby w/ waiting (30)
30
-
-
30 900
Toilets (3 stalls)
198
-
-
2 396
Drinking Fountain
10
-
-
1 10
Net Subtotal
-
-
13386
30% Circulation
-
-
416
Total Gross Sq. Footage
-
-
1,802
Future Court Addition Lobby
-
-
1,802
Total at 50,000
1,802
Future Courtroom
Conference (4)
Sound/Security Vestibule
Sign In desk
Seating (60 Seating)
Court Well
120
-
-
2 240
100
-
-
1 100
WS 1 3x6 36
15
1000
45
25
11x16 176
PO5 12x20 240
80
72
-
-
1 36
-
-
60 900
-
-
1 15000
A/V /storage
Divider Storage
Conf(8)/Jury(6)
Judge Office
-
-
1 45
-
-
1 25
-
-
1 176
- 1 240
�_ 1 80
- 2 144
--
- 3 2,986
'T 896 ;
3882
- - 39882
i
Storage
To�7et (Single)
-
Net Subtotal
30% Circulation
Total Gross Sq. Footage
Future Courtroom
Total at 50,000
3,882 j
OPeak Users to be Accommodated
February 2014
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement ("this Agreement") is made and entered into as of the
day of , 2014, by , called
'CONSULTANT" and the City of Anna, a Texas home rule municipality, hereinafter called "OWNER,"
each acting herein, by and through their duly authorized representatives.
WITNESSETH, that in consideration of the covenants and agreements herein contained, the
parties hereto do mutually agree as follows:
ARTICLE 1
EMPLOYMENT OF CONSULTANT
OWNER hereby contracts with CONSULTANT, who shall at all times act only in the capacity of
an independent contractor, and CONSULTANT hereby agrees to perform the services described herein
in connection with the Project as stated in this Agreement, with diligence and in accordance with the
professional standards customarily applicable to such services in the State of Texas. The professional
services set out herein are in connection with the following described Project:
Project: Pre -design Services for a new City Hall
The Project is generally described as pre -design architectural services in connection with the
exploration of development options for construction of a new city hall for the City of Anna, Texas, and
shall include all services to be performed by CONSULTANT as set forth in this Agreement.
ARTICLE 2
SCOPE OF SERVICES
For the fixed price set forth in Article 5 of this Agreement, CONSULTANT shall perform
architectural and consulting services in connection with the Project and in accordance with the
'Program" attached to this Agreement as Exhibit A, and as revised by mutual written consent of
CONSULTANT and OWNER from time to time in accordance with this Agreement. Said architectural
services include the following. Said Program is incorporated herein as if set forth in full.
(Scope of Services to be inserted here as negotiated between OWNER and CONSULTANT)
ARTICLE 3
ADDITIONAL SERVICES
Additional services to be performed by CONSULTANT not described in Article 2 of this
Agreement ("Additional Services") must be authorized by OWNER. Such additional services are not
included in the fixed price set forth in Article 5 of this Agreement and may only be performed under a
separate written agreement or under one or more individual task orders in accordance with the hourly
fees set forth in Article 5, C. of this Agreement. If such services are performed under task order(s), the
terms of this Agreement shall apply to such services.
ARTICLE 4
SCHEDULE AND PERIOD OF SERVICE
PROFESSIONAL SERVICES AGREEMENT
Page 1 of 7
A. This Agreement shall become effective as of the date first written above and shall remain in
force for the period which may reasonably be required for the completion of the Project,
including completion of any Additional Services, if any, and any required extensions approved
by OWNER.
B. CONSULTANT agrees to perform the various services set forth in this Agreement according to
the Schedule of Services set forth in Exhibit B attached to this Agreement. The time periods set
forth in said Schedule of Services shall not be exceeded by CONSULTANT, except to the extent
that OWNER causes the delay or suspends the Project. Time is of the essence in this
Agreement, and to the extent that CONSULTANT anticipates any delay in the provision of any
of the services under this Agreement, CONSULTANT shall as soon as practicable notify
OWNER of same in writing and an amendment to the schedule referenced above may be made
by mutual consent.
ARTICLE 5
COMPENSATION
A. COMPENSATION TERMS: For and in consideration of the professional services to be
performed by CONSULTANT under this Agreement OWNER agrees to pay the fixed total sum
of plus reasonable out-of-pocket expenses actually paid to be reimbursed at
actual cost, including copying and printing costs, postage and delivery services, and
presentation materials if requested by OWNER. CONSULTANT shall promptly notify OWNER in
writing if such out-of-pocket expenses exceed $500.
B. BILLING AND PAYMENT: Partial payments to CONSULTANT will be made within 30 days of
receipt of detailed monthly invoices rendered to and approved by OWNER through the City of
Anna City Manager or his designee; however, under no circumstances shall any monthly
statement for services exceed the unpaid value of the work performed at the time a statement is
rendered. The value of work performed will be calculated by a percentage complete of the total
fixed sum set in Article 5(A). CONSULTANT bears total and sole responsibility for making any
necessary and appropriate payments to additional consultants or subcontractors from the
amount(s) paid by OWNER to CONSULTANT directly.
Nothing contained in this Article shall require OWNER to pay for any work which is
unsatisfactoryI as reasonably determined by the City Manager or his designee, or for any work
which is not submitted in compliance with the terms of this Agreement. OWNER shall not be
required to make any payments to CONSULTANT when CONSULTANT is in default under this
Agreement.
It is specifically understood and agreed that CONSULTANT shall not be authorized to undertake
any work pursuant to this Agreement which would require additional payment by OWNER for
any charge, expense, or reimbursement above any fixed or maximum not -to -exceed fee as
stated in this Agreement or any specified task order, without first having obtained written
authorization from OWNER. CONSULTANT shall not proceed to perform any services without
obtaining prior written authorization from the City Manager or his designee and shall be diligent
in seeking such authorization when necessary to perform services under this Agreement. With
respect to the services to be performed under Article 2 of this Agreement, the prior written
authorization referenced above may be in the form of a notice to proceed with such services
delivered by post, hand delivery, facsimile or electronic mail.
PROFESSIONAL SERVICES AGREEMENT
Page 2 of 7
C. ADDITIONAL SERVICES: For additional services authorized in writing by OWNER as set forth
in Article 3, CONSULTANT shall be paid based on an hourly basis at a rate to be determined in
advance and agreed to in writing by OWNER and CONSULTANT.
Payments for additional services shall be due and payable within 30 days of invoicing by
CONSULTANT, and shall be in accordance with paragraph B of this article. Statements shall
not be submitted more frequently than monthly.
D. DELAYED PAYMENT: If OWNER fails to make payments due CONSULTANT for services and
expenses within 60 days after receipt of CONSULTANT's undisputed statement thereof, the
amounts due CONSULTANT will be increased by the rate of one percent (1 %) per month from
the said 60'h day, and, in addition, CONSULTANT may, after giving seven days' written notice to
OWNER, suspend services under this Agreement until CONSULTANT has been paid in full all
amounts due for services, expenses, and charges, provided, however, nothing herein shall
require OWNER to pay the late charge of one percent (1 %) set forth herein if OWNER
reasonably determines that the work is unsatisfactory, in accordance with this Article 5.
ARTICLE 6
OBSERVATION AND REVIEW OF THE WORK
CONSULTANT will exercise reasonable care and due diligence in discovering and promptly
reporting to OWNER any defects or deficiencies in the work of CONSULTANT or any subcontractors or
subconsultants.
ARTICLE 7
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by CONSULTANT (and CONSULTANT's subcontractors
oI subconsultants) pursuant to this Agreement shall become the property of OWNER upon the
termination of this Agreement. CONSULTANT is entitled to retain copies of all such documents. The
documents prepared and furnished by CONSULTANT are intended only to be applicable to this Project
and Program, and OWNER's use of these documents in other projects shall be at OWNER's sole risk
and expense, with no right of indemnification against CONSULTANT, notwithstanding any other
provision of this Agreement. In the event OWNER uses any of the information or materials developed
pursuant to this Agreement in another project or for other purposes than specified herein and by
CONSULTANT at the time such information and materials are delivered, CONSULTANT is released
from any and all liability relating to such use in that project.
PROFESSIONAL SERVICES AGREEMENT
Page 3 of 7
ARTICLE 8
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as independent contractors, not as
employees of OWNER. CONSULTANT shall not have or claim any right arising from employee status.
OWNER shall not control the means, methods, sequences, procedures, or techniques utilized by
CONSULTANT to perform work or services under this Agreement or any associated task order.
ARTICLE 9
AUDITS AND INSPECTION
CONSULTANT will submit copies of documentation supporting all reimbursable expenses for
OWNER's review.
ARTICLE 10
INDEMNITY AGREEMENT
CONSULTANT shall indemnify and hold harmless OWNER and its officers, agents, and
employees from and against any and all damages and expenses, including, but not limited to court
costs and reasonable attorney fees and related expenses incurred by OWNER, arising from an act of
negligence, intentional tort, intellectual property infringement, or failure to pay any subcontractor, or any
supplier committed by CONSULTANT, CONSULTANT'S agent(s), another consultant under contract,
or another entity over which CONSULTANT exercises control.
Nothing in this Agreement shall be construed to create a liability to any person who is not a
party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or
equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement,
including the defense of governmental immunity, which defenses are hereby expressly reserved.
ARTICLE 11
INSURANCE
During the performance of the services under this Agreement, CONSULTANT shall maintain the
following insurance with an insurance company licensed to do business in the State of Texas by the
State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at
least an A- or above:
A. Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000
for each occurrence and not less than $1,000,000 in the aggregate, and with property damage
limits of not less than $100,000 for each occurrence and not less than $100,000 in the
aggregate.
B. Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 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.
C. Worker's Compensation Insurance in accordance with statutory requirements, and Employers'
Liability Insurance with limits of not less than $500,000 for each accident.
D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate.
PROFESSIONAL SERVICES AGREEMENT
Page 4 of 7
CONSULTANT shall furnish insurance certificates or insurance policies at OWNER's request to
evidence such coverages. Except for workers compensation and professional liability, the insurance
policies shall name OWNER as an additional insured, and shall contain a provision that such insurance
shall not be canceled or reduced with respect to coverages or endorsements without 30 days' prior
written notice to OWNER and CONSULTANT. In such event, CONSULTANT shall, prior to the effective
date of the change or cancellation, serve substitute policies furnishing the same coverage.
ARTICLE 13
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by OWNER of the Project shall not constitute, nor be deemed a release of the
responsibility and liability of CONSULTANT, its employees, associates, agents, subcontractors, and
subconsultants for the accuracy and competency of their designs or other work; nor shall such approval
be deemed to be an assumption of such responsibility by OWNER for any defect in the design or other
work prepared by CONSULTANT, its employees, subcontractors, agents, and consultants.
ARTICLE 14
NOTICES
All notices, communications, and reports required or permitted under this Agreement shall be
personally delivered or mailed to the respective parties by depositing same in the United States mail to
the address shown below, certified mail, return receipt requested, unless otherwise specified herein.
Mailed notices shall be deemed communicated as of three days after mailing:
To CONSULTANT:
(Insert Name & Address)
To OWNER:
City of Anna
c/o City Manager
P.O. Box 776
Anna, Texas 75409
All notices shall be deemed effective upon receipt by the party to whom such notice is given, or
within three days after mailing, whichever occurs first.
ARTICLE 15
ENTIRE AGREEMENT
This Agreement constitutes the complete and final expression of the agreement of the parties,
and is intended as a complete and exclusive statement of the terms of their agreements, and
supersedes all prior or contemporaneous offers, promises, representations, negotiations, discussions,
communications, and agreements which may have been made in connection with the subject matter
hereof.
ARTICLE 16
SEVERABILITY
If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be
invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and
shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this
Agreement to replace such stricken provision with a valid and enforceable provision which comes as
close as possible to expressing the intention of the stricken provision.
ARTICLE 17
PROFESSIONAL SERVICES AGREEMENT
Page 5 of 7
COMPLIANCE WITH LAWS
CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and
ordinances applicable to the work covered hereunder as they may now read or hereinafter be
amended.
In performing the services required hereunder, CONSULTANT shall not discriminate against
any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical
handicap.
ARTICLE 19
PERSONNEL
A. CONSULTANT represents that it has or will secure, at its own expense, all personnel required
to perform all the services required under this Agreement. Such personnel shall not be
employees or officers of, or have any contractual relations with OWNER. CONSULTANT shall
inform OWNER of any conflict of interest or potential conflict of interest that may arise during the
term of this Agreement.
B. All services required hereunder will be performed by CONSULTANT or under its supervision. All
personnel engaged in work shall be qualified, and shall be authorized and permitted under state
and local laws to perform such services.
ARTICLE 20
ASSIGNABILITY
CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any
interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written
consent of OWNER.
ARTICLE 21
MODIFICATION
No waiver or modification of this Agreement or of any covenant, condition, or limitation herein
contained shall be valid unless in writing and duly executed by the party to be charged therewith, and
no evidence of any waiver or modification shall be offered or received in evidence in any proceeding
arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the
parties hereunder, and unless such waiver or modification is in writing and duly executed; and the
parties further agree that the provisions of this section will not be waived unless as set forth herein.
ARTICLE 22
MISCELLANEOUS
A. The following exhibits are attached to and made a part of this Agreement:
Exhibit A — Program
Exhibit B — Schedule for Services
PROFESSIONAL SERVICES AGREEMENT
Page 6 of 7
B. CONSULTANT agrees that OWNER shall, until the expiration of four years after the final
payment under this Agreement, have access to and the right to examine any directly pertinent
books, documents, papers, and records of CONSULTANT involving transactions relating to this
Agreement. CONSULTANT agrees that OWNER shall have access during normal working
hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate
working space in order to conduct audits in compliance with this section. OWNER shall give
CONSULTANT reasonable advance notice of intended audits.
C. Venue and jurisdiction of any suit or cause of action arising from or relating in any manner to
this Agreement shall lie exclusively in Collin County, Texas. This Agreement shall be construed
in accordance with the laws of the State of Texas.
D. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable
dispatch, in a sound, economical, and efficient manner and in accordance with the provisions
hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate
to ensure that the work involved is properly coordinated with related work being carried on by
OWNER.
E. OWNER shall assist CONSULTANT by placing at CONSULTANT's disposal all available
information pertinent to the Project, including previous reports, any other data relative to the
Project, and arranging for the access thereto, and make all provisions for CONSULTANT to
enter in or upon public and private property as required for CONSULTANT to perform services
under this Agreement.
F. CONSULTANT shall at all times maintain OWNER'S confidential or proprietary information in
confidence and shall disclose same to third parties only as specifically instructed by OWNER.
Any disclosure of privileged or confidential information by OWNER to CONSULTANT is in
furtherance of OWNER's purposes and is not intended to and does not waive any privileges that
may exist with regard to such information.
G. The captions of this Agreement are for informational purposes only, and shall not in any way
affect the substantive terms or conditions of this Agreement.
IN WITNESS HEREOF, OWNER has caused this Agreement to be executed by its duly
authorized representative, and CONSULTANT has executed this Agreement through its duly authorized
undersigned officer to be effective as set forth earlier in this Agreement.
CITY OF ANNA
By: Philip Sanders, City Manager
(CONSULTANT)
By: (Insert Name and Title)
PROFESSIONAL SERVICES AGREEMENT
Page 7 of 7
CITY OF ANNA, TEXAS
Item No. 16
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
November 14, 2014
Chief Jenks
Contract amendment
AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving an
Interlocal Agreement for Child Abuse Investigation Services Law Enforcement Services.
SUMMARY:
Crimes involving victims younger than 17 years of age are often special cases requiring a
particular expertise. The Child Advocacy Center of Collin County is specially trained and
equipped to conduct these types of investigations for us and does so via this agreement.
The cost charged by the CAC for these services is $7,500.77 per year.
You may recall that we previously approved an agreement, minus Section 7.01, Civil
Liability. The County advises that they prefer not to amend their agreement by
removing the objectionable language on Civil Liability. At the current time, the Police
Department prefers to continue using the Child Abuse Task force to investigate those
cases involving juvenile victims and prefers to live with this agreement as the County
wishes.
STAFF RECOMMENDATION:
Approve the Resolution amending/extending the Animal Services/Shelter agreements
with Collin County.
CITY OF ANNA, TEXAS
RESOLUTION NO.
A RESOLUTION OF THE CITY OF ANNA, TEXAS EXTENDING AN INTERLOCAL
AGREEMENT FOR CHILD ABUSE TASKFORCE SERVICES BETWEEN THE CITY
AND COLLIN COUNTY, TEXAS.
WHEREAS, the City Council of the City of Anna, Texas ("City Council") finds that the
City of Anna Chief of Police, in furtherance of the Department's purpose of preserving
and protecting the public health and safety of the City's residents, recommends that the
City renew the agreement with Collin County for Child Abuse Investigation Services;
WHEREAS, Child abuse investigations generally require a training and expertise that is
specialized in nature; and
WHEREAS, the City Council, by vote, approves the Interlocal Agreement between the
City of Anna and Collin County for Child Advocacy Center and Child Abuse Taskforce
services for the period ending September 30, 2015.
Section 1. Recitals Incorporated
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this
day of November, 2014.
APPROVED:
Mike Crist, Mayor
ATTEST:
Natha Wilkison, City Secretary
CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 of 1
INTERLOCAL AGREEMENT:
CHILD ABUSE, INVESTIGATION SERVICES, LAW ENFORCEMENT SERVICES
THIS AGREEMENT is entered into on October 1, 2014, by and between the City of Anna (the "City") and
the Collin County, a political subdivision of the State of Texas (the "County").
Recitals
WHEREAS, County performs law enforcement functions within Collin County.
WHEREAS, the City desires to obtain certain law enforcement services from the County that the
City is authorized to provide.
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code authorizes
units of local government to contact with one or more units of local government to perform government
functions and services, and
NOW, THEREFORE, in consideration of the mutual promises and benefits contained herein, and
for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged the Parties
agree as follows:
Article I
Definitions
1.01 Law Enforcement Services
The term "Law Enforcement Services" means all services necessary for the County to provide the reporting,
investigating and filing charges for special crimes.
1.02 Special Crimes
The term "Special Crimes" means criminal offenses, relating directly or indirectly, whereby the victim is less
than 17 years of age and the crime is determined to be a State Jail Felony or above. Lower offenses may be
worked with the approval of both parties.
Article II
Term
2.01 Term
The term of this Agreement shall commence on October 1, 2014, and shall continue in full force and effect
for a period of five (5) years thru September 30, 2019.
2.02 Termination
Either party may terminate this Agreement by giving ninety (90) days written notice to the other party.
The parties agree that this Agreement will terminate immediately should the City not have an operating
Police Force.
Article III
Services and Service Fees
3.01 Services
The County agrees to provide all law enforcement services relating to Special Crimes as described in
Paragraph 1.02 of this Agreement. City shall pay for Sexual Assault Exams (Normally, these Fees are
reimbursed to the City, by the State of Texas) if required in addition to the Fees annotated in section 5.01:
Law Enforcement Service Charge. Additional unusual investigative fees, upon City approval in each case,
may be charged if required for prosecution.
3.02 Manner of Providing Services
The Law Enforcement Services shall be provided by the County in the same manner and within the same
response times as such services are provided by the County within its jurisdiction.
3.03 Use of Additional Personnel
The County may utilize the services of individuals whose duties and responsibilities are related to detection,
investigation and/or prosecution of violations associated with offenses described in paragraph 1.02 of this
Agreement.
Article IV
Exclusivity of Service
The parties agree that the County may contract to perform services similar or identical to those specified in
this Agreement for such additional governmental or public entities as the County, in its sole discretion, sees
fit.
Article V
Compensation
5.01 Law Enforcement Service Charge
The payment is based upon the population estimates of the City and that population is based on the most
recently published figures obtained from the North Central Texas Council of Governments. Law
Enforcement Fees may be adjusted within the Five (5) year period as needed, if deemed necessary due to
population increase. On an annual basis, the City will pay $7,500.77 to the County for providing the above
mentioned services. The City will continue payment for any and all charges for services not described in this
Agreement. County will invoice City each year for total amount due.
Article VI
Notices
6.01 Unless otherwise specified, all communications provided for in this Agreement shall be in writing
and shall be deemed delivered whether actually received or not forty-eight (48) hours after deposit in the
United Sates mail, first class, registered or certified, return receipt requested, with proper postage prepaid or
immediately when delivered in person.
6.02 All communications provided for in this Agreement shall be addressed as follows:
if to the County, Copy to:
County Purchasing Agent
if to the City, to:
Or, to such person at such other address as may from time to time be specified in a notice given as
provided in this Section 9.
Article VII
Miscellaneous
7.01 Civil Liability
Any civil liability relating to the furnishing of services under this Agreement shall be the responsibility of the
City. The parties agree that the County shall be acting as agent for the City in performing the services
contemplated by this Agreement.
The City shall hold the County free and harmless fi•om any obligation, costs, claims, judgments, attorneys'
fees, attachments, and other such liabilities arising from or growing out of the services rendered to the City
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 culpable negligence of the County, and the
County is adjudged to be guilty of willful misconduct or culpable negligence by a court of competent
jurisdiction.
7.02 Amendment
This Agreement shall not be amended or modified other than in a written agreement signed by the parties.
7.03 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.
7.04 Captions
The headings to the various sections of this Agreement have been inserted for convenient reference only and
shall not modify, define, limit, or expand the express provision of this Agreement.
7.05 Counterparts
This Agreement may be executed in counterparts, each of which, when taken separately, shall be deemed an
original.
7.06 Exclusive Right to Enforce this Agreement
The County and the City 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first
above written.
"COUNTY"
COLLIN COUNTY, TEXAS
Title: County Judge
Date:
"CITY"
TEXAS
CITY OF ANNA,TEXAS
Item No. 19
City Secretary's use only
City Council Agenda
Staff Report
Date:
$toff Contoct:
Exhibits:
November 13, 2014
City Manager
AGENDA SUBJECT: Closed Session (Exceptions): Under Tex, Gov't Code Chapter 551,
the City Council may enter into closed session to discuss any items listed or referenced
on this agenda under the following exceptions:
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);
bo 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;
ce 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 OF ANNA, TEXAS
Item No. 20
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
November 13, 2014
City Manager
AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda for
November 13, 2014 Workshop Session or any closed session occurring during this
Regular Meeting, as necessary.
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STAFF RECOMMENDATION:
CITY OF ANNA, TEXAS
AGENDA SUBJECT: Adjourn
SUMMARY:
STAFF RECOMMENDATION:
Staff recommends a motion to adjourn.
Item No. 2I
City Secretary's use only
City Council Agenda
Staff Report
Date:
Staff Contact:
Exhibits:
November 13, 2014
City Manager