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HomeMy WebLinkAboutCCpkt2014-12-06CITY COUNCIL MEETING SIGN IN SI�[EET DATE: / Please sign -in as a record of aitendance. All persons desiring to address the council are requested to sign below and fill out an Opinion/Speaker Registration Form. Please hand the Opinion/Spealcer Registration Form. to the City S ecretary prior to the start of the City Council Meeting. NAME Lo2t�i� /� GUN�L�2 T� ADDRESS %�..,,.. ^ t X � � � U �i �,� •� , December 16, 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., December 16, 2014, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you wish to speak on an open -session agenda item please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order. 2. Invocation and Pledge of Allegiance. 3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the mzmicipality that has arisen after the posting of the agenda. 1. The Council may vote and/or act upon each ofthe items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 12-16-14 CC Regular Meeting Agenda.doc 1 Posted 1242-14 5. Presentation of the Anna Police Department FY 2014 Asset Forfeiture Report. (Chief Jenks) 6. Public Hearing (2nd): For City Council to hear public comment regarding annexation of the following tract: a tract of land in the J C Brantley Survey, ABS A0114 generally located south of County Road 376 east of County Road 427 and adjacent to the city limits, containing approximately (24) acres owned by Leonard OP JR Investment CO and Nancy Alice Leonard Investment CO Leonard Enterprises. (Maurice Schwanke) 7. Public Hearing (2nd): For City Council to hear public comment regarding annexation of the following tract, an approximately 162.12 acre tract of land located in the F T Daffau Survey, Abstract A0288 and an approximately 64.5 acre tract of land located in the John Ellett Survey, Abstract No. 0296 generally located immediately north of the Falls and Creekside subdivisions on both sides of County Road 370. (Maurice Schwanke) 8. (a) Public Hearing (2nd): For City Council to hear public comment regarding the need to continue in effect current curfew for minors Ordinance No. 208- 2005. (Chief Jenks) (b) Consider/Discuss/Action approving a resolution regarding the need to continue in effect current curfew for minors Ordinance 208-2005. (Chief Jenks) 9. Consider/Discuss/Action regarding a resolution approving West Crossing, Phase:) Final Plat. (Maurice Schwanke) 10. Consider/Discuss/Action regarding a Resolution approving an Interlocal Agreement with Collin County for the construction of Ferguson Parkway. (City Manager) 11. Consider/Discuss/Action regarding a resolution approving an Economic Development Agreement with Bloomfield Homes. L.P., for the construction of Ferguson Parkway. (City Manager) 12. Consider/Discuss/Action regarding a resolution approving a Subdivision Improvement Agreement for Lakeview Estates, Phase 1. (City Manager) 13. Consider/Discuss/Action regarding a resolution approving a final plat of Lakeview Estates, Phase 1. (Maurice Schwanke) 14. Consider/Discuss/Action regarding a resolution approving a construction contract for the Slayter Creels Wastewater Treatment Plant Influent Lift Station. (Joseph Johnson) 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. 12-16-14 CC Regular Meeting Agenda.doc 2 Posted 12-12-14 15. Consider/Discuss/Action regarding appointments to the Planning and Zoning Commission. (City Council) 16. Consider/Discuss/Action regarding a resolution casting a ballot for the election of eight members to the TCAP Board of Directors. (City Manager) 17. CLOSED SESSION (EXCEPTIONS): Undet• Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code.4551.071); 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; 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. 18. Adjourn. This is to certify that I, Philip Sanders, City Manager, 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. December 12, 2014. Philip Sanders, City Manager I. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 12-16-14 CC Regular Meeting Agenda.doc 3 Posted 12-1244 CITY OF ANNA, TEXAS AGENDA SUBJECT: Forfeiture Report Item No. 5 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: December 16, 2014 Chief Jenks Audit Report Seizure Account Presentation of the Anna Police Department FY2014 Asset SUMMARY: Chapter 59, Texas Code of Criminal Procedure, requires each Fiscal Year that the Police Department produces a report that reflects the year's asset forfeiture activities. That report is sent to the State Attorney General's Office and is attached to this staff report and included in your packet for your information/review. STAFF RECOMMENDATION: This report is presented for informational purposes, no Council action is required. FX 2013 CHAPTER 59 ASSET FORFEITURE REPORT BY LAW ENFORCEMENT AGENCY Agency Name: Reporting Period: A&w,A Vol f C.E > .np,( �t iT (local fiscal year) Agency Mailing {� example: Address: i n 1 `S. { oyv4k KWh, clot Phone Number: cq,-1�4 CaI4- 69LP County: C should be a permanent agency email address NOTE: PLEASE ROUND ALL DOLLAR FIGURES TO NEAREST WHOLE DOLLAR. Email Address: This I. SEIZED FUNDS A) Beginning Balance: B) Seizures During Reporting Period: 1) Amount seized and retained in your agency's 2) Amount seized and transferred to the District Attorney pending forfeiture. Ol/01/13 to 12131/13, 09/01/12 to 08/31/13 etc. t�v C} lnterest Earned on Seized Funds During Reporting Period: $ la(y D) Amount Returned to Defeudants/Respondents: $ E) Amount Transferred to Forfeiture Account: $ vu F) Other Reconciliation Items: $ G) Ending Balance: 6D Instructions: Add lines A, 13(1), C and F, subtract lines D and E, put total in line G. $ II. FORFEITED FUNDS A) Beginning Balance: $ LA5' B) Amount Forfeited to and Received by Reporting Agency (Including Interest) During ta'_ Reporting Period: $ 4 NO3 C) Interest Earned on Forfeited Funds During Reporting Period : $ o D) Proceeds Received by Your Agency From Sale of Forfeited Property: $ E) Amount Returned to Crime Victims: $ l� F) Other Reconciliation hems: G) Total Expenditures of Forfeited Funds During Period: ( $ H) Ending Balance: Instructions: Add lines A, B, C, D & F, subtract lines Fom� Dato IpSt13 total in line H. I $ as, III. O113-UR PROPERTY Please note - this should be a number not a currency amount. Example 4 cars seized, 3 cars forfeited and 0 cars put into use, SEIZED FORFEITED TO AGENCY RETURNED TO DEFENDANTS / RESPONDENTS PUT INTO USE BY AGENCY 1) MOTOR VEHICLES (Include cars, motorcycles, tractor trailers, etc.) 2) REAL PROPERTY (Count each parcel seized as one item) 3) COMPUTERS (Include computer and attached System components, such as printers and monitors, as one item) 4) FIREARMS (Include only firearms seized for forfeiture tinder Chapter59. Donotincludeweapons disposed under Chapter I8.) 5) Other Property -Description: Y xf3Yi-Asie.J muA PA � Noma l Other Property -Description: Other Property -Description: IV. FORFEITED PROPERTY RE,C + IVED FROM ANOTHER AGENCY A) Motor Vehicles: e I ' B) Real Property: # C) Computers: # D) Firearms: # E) Other: # V. FORFEITED PROPERTY TRANSFERRED OR LOANED TO ANOTHER AGENCY A) Motor Vehicles: # B) Real Property: # C) Computers: # D) Firearms: # I,) Other: VI. EXPENDITURES SALARIES 1. Increase of Salary, Expense, or A(lotvance for ] 2. Salary Budgeted Solely From Forfeited Funds: 3. Number of Employees Paid Using Forfeiture Funds: 4. TOTAL SALARIES PAID OUT OF CHAPTER 59 FONDS: Pomi Date t/15113 B) OVERTIME 1. For Employees Budgeted by Governing Body: $ 2. For Employees Budgeted Solely out of Forfeiture Funds: $ 3. Number of Employees Paid Using Forfeiture Funds: # 4. TOTAL OVERTIME PAID OUT OF CHAPTER 59 FUNDS: C) EQUIPMENT L Vehicles: $ 2. Computers: $ 3. Firearms, Vests, Personal Equipment: $ 4. Furniture: $ 5. Software: $ (� b. Maintenance Costs: $ 7. Uniforms: $ 8. K9 Related Costs: $ 9. Other (Provide Detail on Additional Sheet): $ I0. TOTAL EQUIPMENT PURCHASED WITH CHAPTER. 59 FUNDS: $ D) SUPPLIES 1. Office Supplies: 2. Cellular Air Time 3. Internet: 4. Other (Provide Detail on Additional Sheet) : 5. TOTAL SUPPLIES PURCHASED WITH CHAPTER 59 FUNDS: E) 'TRAVEL 1. Total In State Travel a) Transportation: b) Meals & Lodging: e) Mileage: d) Incidental Expenses: 2. Total Out of State Travel a) Transportation: b) Meals & Lodging: o) Mileage: d) Incidental Expenses: 3, TOTAL TRAVEL PAID OUT OF CHAPTER 59 FUNDS: Fottn Date 1/IS/13 0 Pege 3 i F) TRAINING 1. Fees (Conferences, Seminars): 2. Materials (Books, CDs, Videos, ete.): 3. Other (Provide Detail on Additional Sheet): 4. TOTAL TRAINING PAID OUT OF CHAPTER 59 FUNDS G) INVESTIGATIVE COSTS 1, Informant Costs: $ 2. Buy Money: $ 3. Lab Expenses: $ 4. Other (Provide Detail on Additional Sheet) : $ 5. TOTAL INVESTIGATIVE COSTS PAID OUT OF CHAPTER 59 FUNDS: H) PREVENTIONITREATMENT PROGRAMS/ FINANCIAL ASSISTANCE / DONATIONS n 1. Totai Prevention/TteatmentProgmms (pursuant to 59.Ob (h), 2. Total Financial Assistance (pursuant to Articles 59.06 (n) and (o)): $ 3. Total Donations (pursuant to Articles 59.06 (d-2)): $ IIIIIIIIIIN TOTAL PREVENTION/TREATMENT PROGRAMS ! FINANCIAL 4. ASSISTANCE / DONATIONS (pursuant to Articles 59.06 (h), 0), (n), (o) (d- 2)): FACILITY COSTS 1. Building Purchase: $ 2. Lease Payments: $ 3. Remodeling: $ 4. Maintenance Costs: $ 5. Utilities: $ 6. Other (Provide Detail on Additional Sheet): $ 7. TOTAL FACILITY COSTS PAID OUT OF CHAPTER 59 FUNDS: MISCELLANEOUS FEES 1. Court Costs: $ 2. Filing Fees: $ 3. Insurance: $ 4. Witness Fees: $ 5. Audit Casts and Fees: $ 6. Other (Provide Detail on Additional Sheet): $ 7, TOTAL MISCELLANEOUS FEES PAID OUT OF CHAPTER 59 FUNDS: 0 Q Forte Pate 1l15!]3 Page A 1. PAID TO STATE TREASURY / GENERAL FUND / HEALTH & HUMAN SERVICES COMMISSION: laid to State Treasur ue io lack of local N 59.06(c): I $ 2. Total paid to State Treasury due to participating in task foreenot established m accordance with59606 (q)(1): 1 $ 3. Total paid to General end pursuant to 59.06 (C-3) (c) (Texas Depadment of Public Safety only): $ 4J Total forfeiture funds transferred to the Health and Human Services Commission pursuant to 59,06 (p): $ 5) TOTAL PAID TO STATE TREASURY / GENERAL FUND / HEALTH & HUMAN SERVICES COMMISSION OUT OF CHAPTER 59 FUNDS: L) TOTAL PAID TO COOPERATING AGENCY(IES) PURSUANT TO LOCAL AGREEMENT: M) TOTAL OTHER EXPENSES PAID OUT OF CHAPTER 59 FUNDS WHICH ARE NOT ACCOUNTED FOR IN PREVIOUS CATEGORIES (provide detailed descriptions on additional sheet(s) and attach to this report), N) TOTAL EXPENDITURES: NOTE: BOTH CERTIFICATIONS MUST BE COMPLETED AUDITOR /TREASURER /ACCOUNTING PROFESSIONAL CERTIFICATION I swear or afErm that the Commissioners Court, City Council or Agency Head (if no governing body) has requested that I conduct the audit required by Article 59.06 of the Code of Criminal Procedure and that upon diligent inspection of all relevant documents and supporting materials, I believe that the information contained in this report is true and correct, AUDITOR, TREASURER or ACCOUNTING PROFESSIONAL (Printed Name): TITLE: SIGNATURE: DATE: AGENCY HEAD CERTIFICATION I swear ox affirm, under penalty of perjury, that I have accounted for the seizure, forfeiture, receipt, and specific expenditure of all proceeds and property subject to Chapter 59 ofthe Code of Criminal Procedure, and that upon diligent inspection of all relevant documents and supporting materials, this asset forfeiture report is true and correct and contains all information required by Article 59.06 of the Code of Criminal Procedure. I further swear or affirm that all expenditures reported herein were lawful and proper, and made in accordance with Texas law. AGENCY HEAD (Printed Name): V ey'� h-2>VA p.A45' fortuDate 1115113 Page 5 SIGNATURE: DATE: RETURN COMPLETED FORM TO: Office of the Attorney General Criminal Prosecutions Division P.O. Box 12548 Austin, TX 78711-2548 Attn: Kent Richardson (512)4634591 Chapter59AuditReport@texasattorneygenerat.gov WE CANNOT ACCEPT FAXED OR EMAILED COPIES . PLEASE MAIL THE SIGNED, ORIGINAL DOCUMENT TO OUR OFFICE AT THE ADDRESS ABOVE. Pom Hato I/t5l13 Page 6 CITY OF ANNA, TEXAS AGENDA SUBJECT: Item No. 6 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: Yes 12/16/14 Maurice Schwanke 2nd Public Hearing: For City Council to hear public comment regarding annexation of the following tract: A tract of land in the J C Brantley Survey, ABS A0114 generally located south of County Road 376 east of County Road 427 and adjacent to the city limits, containing approximately twenty-four acres (24) of land more or less with the property being owned by Leonard OP JR Investment CO and Nancy Alice Leonard Investment CO Leonard Enterprises. SUMMARY: This tract being requested for annexation is within the City of Anna extraterritorial jurisdiction. This is a voluntary request with the owner being Leonard 0 P JR Investment. The tract is in the J. C. Brantley Survey, Abstract A0114 and is approximately 23.190 acres of land more or less. The tract is adjacent to the Current City Limits and is located south of County Road 376 and east of County Road 427. The owners intend to sell their property with appropriate zoning entitlements. A zoning case has been submitted and will be forthcoming to the Council in January if the annexation is approved. Prior to the establishment of zoning the property needs to be annexed. The Planning and Zoning Commission recommended approval of the annexation at their regular meeting on October 6th, 2014. STAFF RECOMMENDATION: This is only a public hearing. City Council action is not required at this time. EXHIBIT B POLICE PROTECTION On the effective date of annexation, the City of Anna, Texas and its Police Department will provide police protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. FIRE PROTECTION On the effective date of annexation, the City of Anna, Texas and its Fire Department will provide fire protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. EMERGENCY MEDICAL SERVICES On the effective date of annexation, the City of Anna, Texas, through its contract with Collin County or another service provider, will provide emergency medical services to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. SOLID WASTE COLLECTION On the effective date of annexation, the City of Anna, Texas, through its contract with Bradshaw and Son or another service provider, will provide solid waste collection to residents and businesses in the newly annexed area (to the extent that the service provider has access to the area to be serviced) at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. Such service will be provided in accordance with existing City policies and Ordinances, and only upon payment of any required deposits and the agreement to pay lawful service fees and charges for solid waste collection. Residents and businesses of the newly annexed area that have existing contracts with solid waste service providers have two years from the date of annexation or until the termination date of the existing contract, whichever is sooner, to begin solid waste Page 1 of 4 collection service through the City. Solid waste collection is mandatory for City of Anna residents and businesses operating within the city limits. WATER AND WASTEWATER FACILITIES On the effective date of annexation, any and all water or waste water faces owned by the City of Anna, Texas at the time of annexation shall be maintained and operated by the City of Anna, Texas. Of such facilities, the City will maintain the main water transmission and wastewater collection lines. All water and wastewater service lines (up to and including the service line connection with the City's main line, shall be maintained by the property owner served by the service connection. Residents and owners of property in newly annexed areas that are located within the City's water or wastewater CCN will be offered water and wastewater service in accordance with City policies and ordinances in existence at the time of annexation or as may be amended from time4o4ime by the City Council. Generally, these ordinances state that the land owner or customer must bear the cost of construction of water and wastewater system facilities to a point where suitable connection to the existing system can be made and service to the customer can be provided. All water and wastewater facilities designed to connect to the City's existing system must be approved by the City and meet all City zoning, subdivision, and other development ordinances and requirements. ROADS AND STREETS On the effective date of annexation, any and all existing public roads or streets in the newly annexed area which have been dedicated to Collin County, Texas or to the City A Anna, Texas, or which are owned by the City of Anna, Texas shall be maintained to the same degree and extent that other roads and streets are maintained in areas of the City with similar topography land use and population density. Specific maintenance activities are determined by available funding and the need for maintenance as determined by the City. The City is not obligated to maintain any portion of a private road or street. Any and all lighting of roads and streets which may be positioned in a public right of way, roadway or utility company easement shall be maintained by the applicable utility company servicing that area of the City of Anna, Texas pursuant to the rules regulations and fees of such utility. An owner of land within the newly annexed area that desires to develop said property will be required pursuant to the ordinances of the City of Anna, Texas to provide internal and peripheral streets and to construct those streets in accordance with the specifications required by the City of Anna, Texas. Page 2 of 4 PARKS PLAYGROUNDS AND SWIMMING POOLS OR ANY OTHER PUBLICLY OWNED FACILITY BUILDING OR SERVICE The City Council of the City %J Anna, Texas is not aware of the existence of any public parks, public playgrounds, public swimming pools, or any other publicly owned facility, building or service now located in the area proposed for annexation. In the event any such parks, playgrounds, swimming pools, or any other public facilities, buildings or services do exist and are public facilities, the City of Anna, Texas will maintain such areas upon annexation to the same extent and degree that it maintains public parks, public playgrounds, public swimming pools, other public facilities buildings or services and other similar areas of the City now incorporated in the City of Anna, Texas. To the extent that it becomes necessary because of development demands population growth or a bona fide need, the City Council of the City of Anna, Texas will undertake to provide any such facility which it deems necessary to adequately provide for the health and safety of the citizens of the newly incorporated area based upon the standard considerations of topography, land use and population density. OTHER MUNICIPAL SERVICES Following annexation by the City of Anna, Texas, the City will provide code enforcement, planning, and animal control services to the newly annexed area, to the extent such services are funded in the annual budget and provided by the City within its full -purpose boundaries. Such services will be provided to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. CONSTRUCTION OF CAPITAL IMPROVEMENTS The City Council of the City of Anna, Texas finds and determines it to be unnecessary to acquire or construct specific capital improvements for the purposes of providing full municipal services to the newly annexed area. The City Council finds and determines that it has at the present time adequate facilities to provide the same type, kind and level of service which exists in and is presently being administered to other areas already incorporated in the City of Anna land use and population density. SPECIFIC FINDINGS Texas with the same or similar topography, The City Council of the City of Anna, Texas finds and determines that this proposed Service Plan will not provide any fewer services and it will not provide a lower level of service in the area proposed to be annexed than were in existence in the proposed area at the time immediately preceding the annexation process. Furthermore the City Council of the City of Anna, Texas finds and determines that the rural nature of the area Page 3 of 4 is characteristically different from other more highly developed areas within the corporate limits of the City of Anna, Texas. Consequently because of the differing characteristics of topography, land use, and population density the service levels which may ultimately be provided in the newly annexed area may differ somewhat from services provided in other areas of the City of Anna, Texas. These differences are specifically dictated because of differing characteristics of the property. The City of Anna, Texas will undertake to perform consistent with this contract so as to provide this newly annexed area with the same type, kind and quality of service presently enjoyed by the citizens of the City of Anna, Texas who reside in areas of similar topography, land use and population density. This Service Plan shall be valid for a term of ten (10) years. Renewal of the Service Plan shall be at the discretion of the City Council. AMENDMENTS This Service Plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this Service Plan unworkable or obsolete. The City Council may amend the Service Plan to conform to the changed conditions or subsequent occurrences pursuant to Texas .ocal Government Code, Section 43.056, Page 4 of 4 CITY OF ANNA, TEXAS AGENDA SUBJECT: Item No. 7 City Secretary's use only City Council Agenda Staff Report Date: 12/16/14 Staff Contact: Maurice Schwanke Exhibits: Yes 2nd Public Hearing: For City Council to hear public Comment regarding annexation of the following tract: An approximately 162.12 acre tract of land located in the F T Daffau Survey, Abstract A0288 and an approximately 64.5 acre tract of land located in the John Ellett Survey, Abstract No. 0296 generally located immediately north of the Falls and Creekside subdivisions on both sides of County Road 370, SUMMARY: From time to time, proper annexation of areas adjacent to the city limits is crucial to maintaining the orderly growth and effective government of our community. This proposed annexation involves approximately 226.62 acres of land located immediately north of the Falls and Creekside subdivisions on both sides of County Road 370. The land is currently used for agricultural purposes and is surrounded on all four sides by properties that are inside the city limits. The Planning and Zoning Commission recommended approval of the annexation at their regular meeting on December 15t1 2014. STAFF RECOMMENDATION: This is only a public hearing. Action by the City Council is not required at this time. MiURIAUZ ANNEXATION SERVICE PLAN POLICE PROTECTION On the effective date of annexation, the City of Anna, Texas and its Police Department will provide police protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. On the effective date of annexation, the City of Anna, Texas and its Fire Department will provide fire protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. EMERGENCY MEDICAL SERVICES On the effective date of annexation, the City of Anna, Texas, through its contract with Collin County or another service provider, will provide emergency medical services to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. SOLID WASTE COLLECTION On the effective date of annexation, the City of Anna, Texas, through its contract with Bradshaw and Son or another service provider, will provide solid waste collection to residents and businesses in the newly annexed area (to the extent that the service provider has access to the area to be serviced) at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. Such service will be provided in accordance with existing City policies and Ordinances, and only upon payment of any required deposits and the agreement to pay lawful service fees and charges for solid waste collection. Residents and businesses of the newly annexed area that have existing contracts with solid waste service providers have two years from the date of annexation or until the termination date of the existing contract, whichever is sooner, to begin solid waste Page 1 of 4 collection service through the City. Solid waste collection is mandatory for City of Anna residents and businesses operating within the city limits. WATER AND WASTEWATER FACILITIES On the effective date of annexation, any and all water or waste water facilities owned by the City of Anna, Texas at the time of annexation shall be maintained and operated by the City of Anna, Texas. Of such facilities, the City will maintain the main water transmission and wastewater collection lines. All water and wastewater service lines (up to and including the service line connection with the City's main line, shall be maintained by the property owner served by the service connection. Residents and owners of property in newly annexed areas that are located within the City's water or wastewater CCN will be offered water and wastewater service in accordance with City policies and ordinances in existence at the time of annexation or as may be amended from time4o4ime by the City Council. Generally, these ordinances state that the land owner or customer must bear the cost of construction of water and wastewater system facilities to a point where suitable connection to the existing system can be made and service to the customer can be provided. All water and wastewater facilities designed to connect to the City's existing system must be approved by the City and meet all City zoning, subdivision, and other development ordinances and requirements. ROADS AND STREETS On the effective date of annexation, any and all existing public roads or streets in the newly annexed area which have been dedicated to Collin County, Texas or to the City of Anna, Texas, or which are owned by the City of Anna, Texas shall be maintained to the same degree and extent that other roads and streets are maintained in areas of the City with similar topography land use and population density. Specific maintenance activities are determined by available funding and the need for maintenance as determined by the City. The City is not obligated to maintain any portion of a private road or street. Any and all lighting of roads and streets which may be positioned in a public right of way, roadway or utility company easement shall be maintained by the applicable utility company servicing that area of the City of Anna, Texas pursuant to the rules regulations and fees of such utility. An owner of land within the newly annexed area that desires to develop said property will be required pursuant to the ordinances of the City of Anna, Texas to provide internal and peripheral streets and to construct those streets in accordance with the specifications required by the City of Anna, Texas. Page 2 of 4 PARKS PLAYGROUNDS AND SWIMMING POOLS OR ANY OTHER PUBLICLY OWNED FACILITY BUILDING OR SERVICE The City Council of the City of Anna, Texas is not aware of the existence of any public parks, public playgrounds, public swimming pools, or any other publicly owned facility, building or service now located in the area proposed for annexation. In the event any such parks, playgrounds, swimming pools, or any other public facilities, buildings or services do exist and are public facilities, the City of Anna, Texas will maintain such areas upon annexation to the same extent and degree that it maintains public parks, public playgrounds, public swimming pools, other public facilities buildings or services and other similar areas of the City now incorporated in the City of Anna, Texas. To the extent that it becomes necessary because of development demands population growth or a bona fide need, the City Council of the City of Anna, Texas will undertake to provide any such facility which it deems necessary to adequately provide for the health and safety of the citizens of the newly incorporated area based upon the standard considerations of topography, land use and population density. OTHER MUNICIPAL SERVICES Following annexation by the City of Anna, Texas, the City will provide code enforcement, planning, and animal control services to the newly annexed area, to the extent such services are funded in the annual budget and provided by the City within its full -purpose boundaries. Such services will be provided to the newly annexed area at the same or similar level of service now being provided to other areas of the City of Anna, Texas with similar topography, land use, and population density within the newly annexed area. CONSTRUCTION OF CAPITAL IMPROVEMENTS The City Council of the City of Anna, Texas finds and determines it to be unnecessary to acquire or construct specific capital improvements for the purposes of providing full municipal services to the newly annexed area. The City Council finds and determines that it has at the present time adequate facilities to provide the same type, kind and level of service which exists in and is presently being administered to other areas already incorporated in the City of Anna, Texas with the same or similar topography, land use and population density. SPECIFIC FINDINGS The City Council of the City of Anna, Texas finds and determines that this proposed Service Plan will not provide any fewer services and it will not provide a lower level of service in the area proposed to be annexed than were in existence in the proposed area at the time immediately preceding the annexation process. Furthermore the City Council of the City of Anna, Texas finds and determines that the rural nature of the area Page 3 of 4 is characteristically different from other more highly developed areas within the corporate limits of the City of Anna, Texas. Consequently because of the differing characteristics of topography, land use, and population density the service levels which may ultimately be provided in the newly annexed area may differ somewhat from services provided in other areas of the City of Anna, Texas. These differences are specifically dictated because of differing characteristics of the property. The City of Anna, Texas will undertake to perform consistent with this contract so as to provide this newly annexed area with the same type, kind and quality of service presently enjoyed by the citizens of the City of Anna, Texas who reside in areas of similar topography, land use and population density. TERM This Service Plan shall be valid for a term of ten (10) years. Renewal of the Service Plan shall be at the discretion of the City Council. This Service Plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this Service Plan unworkable or obsolete. The City Council may amend the Service Plan to conform to the changed conditions or subsequent occurrences pursuant to Texas Local Government Code, Section 43.056. CITY OF ANNA, TEXAS Item No. 8 City Secretary's use only City Council Agenda Staff Report Date: December 16, 2014 Staff Contact: Chief Jenks Exhibits: Resolution AGENDA SUBJECT: (a) Public Hearing (2nd): For City Council to hear public comment regarding the need to continue in effect current curfew for minors Ordinance No. 208- 2005 and (b) Consider/Discuss/Action approving a resolution regarding the need to continue in effect current curfew for minors, Ordinance 208-2005 (Part II, Article 29, Section 2 of the City Code) SUMMARY: Every three (3) years, the Ordinance that established a Youth Curfew has the requirement of City Council review. The Youth Curfew Ordinance provides our community and police officers a valuable tool to help prevent juvenile crime and curtail criminal activity. Persons of juvenile age (under 17) are prohibited from being out without parental supervision after 11 pm on school nights and midnight on all other nights. Those persons that appear to be under the age of 17 out and about during curfew hours can be stopped by officers and an inquiry made as to their age, what they are doing and, most importantly, whether or not their parents Know where they are. 39 warnings/citations have been written during the current 3-year duration of the ordinance. STAFF RECOMMENDATION: Conduct the public hearing and then pass the resolution CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS CONTINUING IN EFFECT CURFEW FOR MINORS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. Findings (a) The City Council of the City of Anna, Texas ("City Council") finds that: (1) juvenile violence, vandalism, illegal drug activity, and other crimes by persons under the age of 17 in the City of Anna do occur and are reduced as a direct result of the adoption and enforcement of City of Anna Ordinance 208-2005, now codified in the Anna City Code of Ordinances, Part II, Article 29, Section 2; (2) persons under the age of 17 are particularly susceptible, by their lack of maturity and experience, to engagement in unlawful activities and to be victims of older perpetrators of crime and are more prone to be unsupervised and unprotected by guardians or responsible adults during late evening and early morning hours; (3) the City has an obligation to provide for the protection of minors from each other and from other persons, for the enforcement of parental control over and responsibility for children, for the protection of the general public, and for the reduction of the incidence of juvenile criminal activities; (4) a curfew for those under the age of 17 is in the interest of the public health, safety, and general welfare and will help to diminish the undesirable impact of illegal conduct on the citizens of the City; (5) before the adoption of this Resolution, the City Council reviewed The Anna City Code of Ordinances, Part II, Article 29, Section 2 and its effects on the community and on problems that those provisions were intended to remedy; and (6) before the adoption of this Resolution, the City Council conducted public hearings on the need to sustain the provisions of this resolution. Section 2. Continuing in effect Curfew for Minors The Anna City Code of Ordinances, Part II, Article 29, Section 2, minors, is hereby deemed to continue in effect from the date resolution until it is due for review every third year hereafter. regarding a curfew for of the adoption of this CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 2 PASSED by the City Council of the City of Anna, Texas, by the following votes on this the day of , 2014. AYE NAY ABSTAIN ATTESTED: City Secretary, Natha Wilkison Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO._ PAGE 2 OF 2 CITY OF ANNA, TEXAS Item No. 9 City Secretary's use only City Council Agenda Staff Report Date: 12/16/14 Staff Contact: Maurice Schwanke Exhibits: Yes AGENDA SUBJECT: Consider/Discuss/Action regarding a resolution approving the final plat of West Crossing Phase 5. SUMMARY: The attached final plat of West Crossing, Phase 5 is an 18.073 acre development for 92 residential lots and is located at the northwest corner of Hackberry Drive and West Crossing Blvd. The construction plans and final plat have been reviewed by city staff and our consultant engineers. The City Council approved the preliminary plat on October 28 this year. STAFF RECOMMENDATION: Staff recommends approval of the final plat and the attached Resolution CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE FINAL PLAT OF WEST CROSSING PHASE 5. 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"); 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 final plat of West Crossing, Phase 5 attached hereto as Exhibit 1. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 16t" day of December, 2014. 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[:\ : ni (/ 7- 0!f § - - - - - - - )/ es to ))\\ \` ~ ® : z : 2 / _ {}; / )�)\)\(-_ \] \ _ - i)!i§{/n u - _f- \!i)4 0 -mc ! - - - - - - - _ §!!: _ §/§r f § ~ ))) \ )) ` \_} {/ }§ \/ \ ( (u 0{)/ \I 9 {)k _ \( \/ \/ \!i{) )�(!(!4{ - E !_\ / E!}!{ !: z } (§)) Eij{ {„§;:]f ) ).f\)/!!{!}\;•(I; \�:§: \., .{-, .--,{ .,! z CC \[{\}! \- z oz \ \{ \\\ -{ Z !\/ m !�a} § w)E {!I\ \ !:{,- _ i CITY OF ANNA, TEXAS Item No. I0 City Secretary's use only City COuncil Agenda Staff Report Date: Staff Contact: Exhibits: December 16, 2014 City Manager 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 $816,875 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 FM 455 west of US 75 ($260,000) to the Ferguson Parkway project. The cost of the project is now estimated at $1,500,000, however we are allocating $1,633,750 to the project to cover any unanticipated contingencies. 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. This Agreement will replace the one approved by the City Council on November 13. CITY OF NNA, TEXAS 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 #07-011. WHEREAS, The City desires to reallocate the Rosamond funding ($259,875) the FM 455 funding ($260,000) 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 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 16th day of December, 2014. Natha Wilkison, 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 #07-012 WHEREAS, the County of Collin, Texas ("County") and the City of Amia, 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 the FM 455 funding ($260,000) 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 County 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 two 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. The City estimates the total actual cost of the project to be $1,633,750. The County agrees to fiord one half of the total cost to construct the improvements. The funds are available from the 2007 Bond 1 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 $260,000 for a total not to exceed $816,875. The County shall remit $816,875 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, utility relocation, construction, inspection, testing, street lighting, landscaping, and construction administration costs including contingencies. ARTICLE V. The County's participation in the Project shall not exceed $816,875. 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 parry paying for the performance of governmental fimctions or services shall make those payments only from current revenues legally available to the paying party. 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 lie 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, 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: COUNTY OF COLLIN, TEXAS By: Name: Title: Date: ATTEST: By: Name: Natha Wilkison Title: City Secretary Date: APPROVED AS TO FORM: By: Name: Clark McCoy Title: City Attorney Date: 3 By: Name: Keith Self Title: County Judge Date: Executed on this day of 2015, by the County of Collin, pursuant to Commissioners' Court Order No. CITY OF ANNA, TEXAS By: Name: Philip Sanders Title: City Manager Date: Executed on behalf of the City of Anna pursuant to City Council Resolution No. i CITY OF ANNA, TEXAS Item No. 11 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: Yes December 16, 2014 City Manager 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 cost of the project is now estimated at $1,500,000, however we are allocating $1,633,750 to the project to cover any unanticipated contingencies. 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 $291,435) 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 $291,435 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 is paid, or in 15 years, whichever occurs first. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution and Agreement. CITY OF Aim NA, TEXAS 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 2. Approval of Economic Development Agreement. The City Council hereby approves the Economic Development Agreement attached hereto as Exhibit 1, and authorizes, ratifies and approves the City Manager's execution of same, subject to execution and approval by Collin County of the Interlocal Agreement with Collin County for the Construction of Ferguson Parkway, attached hereto as Exhibit 2. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce this Agreement. Section 3. Expiration of Approval. The City Council's approval of the Agreement and the authorizations provided for under Section 2 of this resolution shall expire if the Grantee fails to fully execute the CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 2 Agreement (Exhibit 1) and deliver said fully executed agreement to the City Manager on or before December 31, 2014. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 16t" day of December, 2014. ATTEST: 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 A6reement This Economic Development Agreement (this "A�ree�nent") is entered into by and between the City of Alma, 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 Govermnent 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. Page 1 of 10 SECTION 2. DEFINITIONS 2.1. "Captux ed 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. 2.1.1 "Development Fees" mean roadway impact fees and building permit fees related to the Property. 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 estaUlished by the City pursuant to Chapter 380 of the Texas Local Govermnent 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. 2.6.1 "Project Costs" means all costs actually paid by Grantee for the Project including all costs related to surveying, engineering, design, permitting, construction, inspection, and testing. Page 2 of 10 2.7. "Property" 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 frill. 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. 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 Lite 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 (iii) 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 lesser of (a) the Incentive Amount, or (b) the Project Costs. 4.2. The City shall pay to the Grantee Program Grants payments equal to one-half of the total cost of the Project. Disbm•sements 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 Page 3 of 10 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. 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((e)(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. Page 4 of 10 (f) The City Manager reserves the tight 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. 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 patty (the "Complaining Party") to cute such default, then the Complaining Patty, 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 S of this Agreement, the City shall have the tight to terminate this Agreement upon 30 days written notice if the Project is not substantially completed within the 60 day care 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 act 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 provided the City gives Grantee credits against Development Fees related to the development of the Property owed by Grantee to the City up to the amount of the remaining Program Grants; provided, however, that the City has no obligation to credit any Development Fees that Page 5 of 10 become due to the City after the expiration of the parties' obligations as determined under Section 4.5 of this Agreement, even if the total amount of all Program Grants paid to the Grantee and Development Fees credited to the Grantee are less than the Incentive Amount. 6.5. Force Majeure. If the City or the Grantee are prevented, wholly or in part, fio�n 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 Majeure"), then the obligations of the City or Grantee are temporarily suspended during continuation of the Force 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 Rill 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 laiows of no litigation, proceedings, initiative, referendum, investigation, or the tht•eat 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. Page 6 of 10 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 of Bloomfield Horses, L.P., as Grantee, and is enforceable in accordance with its terms and conditions; and (c) The Grantee l�rnows 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 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 unernforceability 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. Page 7 of 10 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 deterinined 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, SECTION 12. DISPUTE RESOLUTION AND VENUE 12.1, This Agreement is made, and shall be construed and interpreted tuider 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. Page 8 of 10 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 Aiula Attn: Philip Sanders, City Manager 1 I I N. Powell Pkwy, P.O. Box 776 Anna, Texas 7540M776 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 acluiowledge 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. *REMAINDER OF THIS PAGE INTENTIONALL l' LEFT 13LfINK' Page � of 10 SIGNATURES: BLOOMFIELD HOMES, L.P., a Texas limited partnership CITY "Al 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 ,2015, personally appeared Philip Sanders, lalown 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 Page 10 of 10 puob uosn aaFV< ; id € ;S '�"tIMP NL 41 N�z �� ss \^11':C: I,^; aF�= e e FE S a P=4 8 $v we 8 5� c Y `e ^ e e yIs r S e S- s 3 ^ a s 1 is e r �e E j e V `® J (VII. J\ c 0 rij g ?"1 min IL N i rn d O t� bD 51 of 00000 w g g o4�-ia ° 3L z. 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COLON COUNTY 0 8101655 0,236000 1904,80 ANNACITY 0 810,655 0*049000 6260.50 ANNA ISO 0 11101665 1 *540000 12482,55 Refum Witk Payment BLOOMFIELO HOMES LP 1050 E STATE HWY 114 STE 210 SOUTHLAICE TX 76092-5255 TOTAL BASE TAX 20.312.18 PRIOR YEARS 0,00 TVtatAmauntb�e '; ; $,;0;31R,1s�'j PropedyAccounlNumber ft685600002101 � t `�+$2DL31240 Tpi;;IA;mpuntOue IP PAID IN AMOUNTW9 NOV $20,312018 CEC $20,312A8 JAN $202312,18 PEO $21,734,04 I' $22,140,29 APR Pl, se MakaC,�l ecks PaU�T� - Tit. Kenngh L �1flauritt t; FN Collin County g.1 2300 n1oomdale Road Ste, 2324 ilk ,`'r4xs#a emertg OOLL IIf �' : :..: _t 1 -. �. COVnT P.O. Box 0046 __ "__. .__.,�__ Property Account Nu//mbber q McKt47,607X760T7 R6866000060972,6`i'1 47.6020 Statement Date: 10/30I2014 Property Location: 0000000 Owner: HLOOtAFIELD HOMES LP Acres: 3.3 Wiling Address: 607 POTOMAC PL LO©01: ABS A0856 JOSEPH SLATERSCHLUT SOUTHtAKE TX 76092,9326, ER SURVEY, TRACT 46, 3.30ACRE B Exemptlons: IMPi2bV):llCflj VALUE. _LAND (fl;fjKET.yA1.UE, ;;1•tOp!#{OMES(7�;IA{PgV 't'I ?{P}�,HOl.IE$fY�.W{D.�1 � .. ,: 0 62,600 0 y„AC.yA4U�;?�.;,727 52,900 0 7axIRP EhI1heS '>:zoniPdolt Amodn(,.. Lj'pxapl6 3 .,'*- iial{1�.� Ta%ita4oPor,$1U9S9asoRatt..0 I.IN COLLIN COUNTY 0 52.tl00 0,235000 000 ANNA CITY 0 52,800 0.640000 0,.00 ANNA ISO 0 52.800 1.540000 0.00 Relum Wilh Payment BLOOMFIELD HOM[S LP 007 POTOMAC PL SOU7HLAKE TX 760tl2-9326 ' TOTAL BASE TAX 0.00 � PRIOR YEARS 0.00 "TotatAmqunq.bplr Property Account Number R685600004601 'fo(alAinount,pue_ '.?!,.wt. NFL 7+,,.,'�$0U0 1F PAID In AMOUIFN NOV $0,00 bEC $0.00 JM! $0.00 FEB $0.00 1MR $0,00 APR please Make Checksjlair•Ible To {ennetraIF NNI IN \\Bdnt-fsl\�vpprolu�v\2993.018\263946 2.doc 2 LILst Revised: 10/30/14 • i • • �` � �' • �� SECTION 1 Varying Sections of Divided 25' Paving FERGUSON PARKWAY COST SUMMARY LAKEVIEW ESTATES Anna, Texas Sta. 0+00 to Sta. 23+13 Excavation Prep ROW (phase 1) STA 18 1,900.00 34,200.00 Excavation ( phase 1 ) CY 7,840 6.20 48,608.00 Prep ROW ( phase 2 ) STA 5 1,900.00 9)500.00 Excavation ( phase 2 ) CY 21400 6.20 14,880000 Subtotal Excavation 107,188.00 Paving 8"-3600 psi conc. Pvmt. (phase 1) SY 6,300 39.10 246,330.00 6" Lime Stabilized Subgrade ( phase 1 ) SY 61800 2.55 17,340000 Lime ( phase 1 ) TN 123 145.00 17,835000 8"-3600 psi conc. Pvmt. ( phase 2) SY 31500 49.75 174,125000 6" Lime Stabilized Subgrade ( phase 2 ) SY 3,800 2.55 91690400 Lime ( phase 2) TN 69 145.00 10,005400 Transition SY 550 57.00 31,350.00 Concrete Driveway Pavement SY 355 45.00 15,975.00 Sawcut & Connect to Exist. Pvmt LF 242 20.00 4,840.00 Connect to Exist Concrete Header LF 25 5.00 125.00 Connect to Exist HMAC LF 72 20.00 11440100 Keyed Construction Joint LF 133 16.00 21128100 Concrete Street Header LF 25 15.00 375.00 5' Sidewalk SF 81170 4.25 34,722.50 Pavement Markings LS 1 18,000.00 181000,00 Traffic Control EA 3 32500000 101500200 Repair Gravel Driveway (Include CMP) EA 1 2,500.00 2,500.00 Remove Existing Concrete Sidewalk SF 2,770 1.50 47155000 Remove Existing Asphalt Pavement SY 61100 4.50 27,450.00 Road Signs EA 7 475.00 32325000 2" PVC Conduit LF 240 12.00 2,880.00 Barrier Free Ramp EA 2 1,200.00 2,400.00 Maintenance Ramp EA 7 11000000 7,000.00 Remove Existing Lane Line Markings LF 11700 1.50 2,550.00 Remove Existing Turn Symbols EA 2 75.00 150.00 Subtotal Paving 647,190.50 12/10/2014 2014-12-10 Ferguson Road CE.xlsx SECTION 1 Varying Sections of Divided 25' Paving FERGUSON PARKWAY COST SUMMARY LAKEVIEW ESTATES Anna, Texas Sta. 0+00 to Sta. 23+13 Utilities 10 ft. Rec. Inlet 21" RCP, Class III 6'x4' Box Culvert Box Culvert Headwall Misc. Storm Connections Remove Existing Hdwl Trench Safety Misc. Erosion Control, Maintance Utility Relocation Landscape and Irrigation Street Lights ( incl. conduit ) Relocate Existing Utility Poles EA 1 4,200.00 4,200.00 LF 62 41.50 2,573.00 LF 101 353.00 35165&00 EA 1 6,500.00 6,500.00 LS 1 700.00 700.00 EA 1 1)350.00 1)350.00 LF 163 0.40 65.20 Subtotal Utilities 51,041.20 LS 1 10,000.00 20,000.00 LS 1 10,000.00 10,000000 LS 1 20,000.0O 20,000,00 EA 7 2,500.00 17,500.00 LS 1.00 5,000.00 5 000.00 Subtotal Misc. 72,500.00 Subtotal 877,919.70 Contingencies (5%) 43,895.99 Engineering 16,680.00 Surveying 261365000 Testing 15,000.00 Maintenance Bond 41000000 Inspection (3%) 27,654.47 R.O.W. Acquisition 20,000.00 TOTAL COST 13031,515.16 12/10/2014 2014-12-10 Ferguson Road CE.xlsx r C�l��i�ri7�� j � � �. .' ,� � SECTION 2 Varying Sections of Divided 25' Paving FERGUSON PARKWAY COST SUMMARY LAKEVIEW ESTATES Anna, Texas Sta. 23+13 to Sta. 38+08 Excavation Prep ROW Excavation Paving 8"-3600 psi conc. Pvmt. 6" Lime Stabilized Subgrade Lime Asphalt Transition Concrete Driveway Pavement Concrete Street Header 5' Sidewalk Pavement Markings Traffic Control Repair Gravel Driveway (Include CMP) Remove Existing Asphalt Pavement Road Signs Maintenance Ramp Barricade Utilities 20 ft. Rec. Inlet 18" RCP, Class III Trench Safety Misc. Relocate Existing Utility Poles Erosion Control, Maintance Street Lights ( incl. conduit ) Utility Relocation Landscape and Irrigation 12/10/2014 STA 15 1,900.00 28,500.00 CY 2,100 6.20 13,020.00 Subtotal Excavation 41,520.00 SY 4,250 39.10 166,175.00 SY 4,590 2$5 11;704.50 TN 83 145.00 122035400 SY 345 57.00 19)665.00 SY 210 45.00 9,450.00 LF 25 15.00 375.00 SF 61905 4.25 29,346.25 LS 1 8,000.00 81000000 EA 3 2,500.00 7,500.00 EA 4 2,500.00 10,000800 SY 31820 4.50 17,190.00 EA 3 475.00 1,425.00 EA 1 11000000 1,000.00 LF 25 35.00 875.00 Subtotal Paving 294,740.75 EA 1 4,200.00 4,200.00 LF 181 35.00 6,335.00 LF 181 0.40 72.40 Subtotal Utilities 10,607.40 LS 1 5,000.00 5,000.00 LS 1 10,000.00 10,000.00 EA 1 2,500.00 10,000900 LS 1 5,000.00 5,000.00 LS 1 2,500.00 2,500.00 Subtotal Misc. 32,500.00 2014-12-10 Ferguson Road CE.xlsx SECTION 2 Varying Sections of Divided 25 Paving FERGUSON PARKWAY COST SUMMARY LAKEVIEW ESTATES Anna, Texas Sta. 23+13 to Sta. 38+08 Subtotal 379,368.15 Contingencies (5%) 18,968.41 Engineering 10,820.00 Surveying 17,135.00 Testing 10, 000.00 Maintenance Bond 21500000 Inspection (3%) 11,950410 TOTAL COST 450,741.65 12/10/2014 2014-12-10 Ferguson Road CE.xlsx CITY OF ANNA, TEXAS Item No. 12 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: December 16, 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 Parl<. 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, subject to execution and approval by Collin County of the Interlocal Agreement with Collin County for the Construction of Ferguson Parkway, attached hereto as Exhibit 2, and subject to execution and approval by the Owner of the Economic Development Agreement attached hereto as Exhibit 3. The City Manager is hereby authorized to execute all documents and to take all other actions necessary to finalize, act under, and enforce this Agreement. Section 3. Expiration of Approval. The City Council's approval of the Agreement and the authorizations provided for under Section 2 of this resolution shall expire if the Owner fails to fully execute this Agreement (Exhibit 1) and the Economic Development Agreement (Exhibit 3), and deliver said fully executed agreements to the City Manager on or before December 31, 2014. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this the 16tn day of December, 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 Parfiies' 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: SECTION 1 RECITALS INCORPORATED The recitals set forth above are incorporated herein as if set forth in full to further describe the Parties' intent under this Agreement and said recitals constitute representations by Owner and the City. SECTION 2 DEFINITIONS City Code means the Anna City Code of Ordinances. City 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 of improvements that shall be owned and maintained by the City: Roadway Facilities, and Park Facilities, Parl< 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: the Ferguson Parkway Roadway Improvements that are defined as the "Project", 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 shall require its contractors} to 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 laws 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. Owner shall require that said commercial general liability insurance policies from the contractors name the City as an additional insured. Coverage must be on an "per occurrence" basis. All such insurance shall: (1) 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 (BUT NOT THE NEGLIGENCE OF ANY CONTRACTORS, ENGINEERS, ARCHITECTS OR OTHER PARTIES), IN CONNECTION WITH THE 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 RESPECTTO 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 SUBDIVI510N 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, and the limitations set forth above shall not modify or limit the obligations of the parties set forth in Exhibit B. (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. SECTION 5 PARKLAND (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 Obligations. (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 Obligations. (1) City agrees that ifi 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 in 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 $146,707, 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 $146,707, 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. SECTION 9 TERMINATION (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 wMing to mediate shall be binding. (c) Each assignment shall be in writing executed by Owner and the Assignee and shall obligate the Assignee to be bound by this Agreement to the extent this Agreement applies or relates to the obligations, rights, title, or interests being assigned. From and after such assignment, the City agrees to look solely to the Assignee for the performance of all obligations assigned to the Assignee and agrees that Owner shall be released from subsequently performing the assigned obligations and from any liability that results from the Assignee's failure to perform the assigned obligations; provided, however, Owner shall not be released until the City receives an executed copy of such assignment. Further, no assignment by Owner shall release Owner from any liability that resulted from an act or omission by Owner that occurred prior to the effective date of the assignment unless the City approves the release in writing. Owner shall maintain written records of all assignments made by Owner to Assignees, including a copy of each executed assignment and the Assignee's Notice information as required by this Agreement, and, upon written request from any Party or Assignee, shall provide a copy of such records to the requesting person or entity. SECTION 11 MISCELLANEOUS PROVISIONS (a) Authority to execute contract. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions or other act extending such authority have been duly passed and are now in full force and effect. (b) Notice. All notices, demands or other communications required or provided hereunder shall be in writing and shall be deemed to have been given on the earlier to occur of actual receipt or three (3) days after the same are 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 SUBDIVISION IMPROVEMENT AGREEMENT— Page $ If to Owner: 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 (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 Maieure,. 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 Maieure" 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, SUBDIVISION IMPROVEMENT AGREEMENT --Page 9 governmental delays in approving plans and issuing permits in cases where same are ultimately approved or issued, when the foregoing causes are not within the reasonable control of Owner. (j) Miscellaneous Drafting Provisions. This Agreement was drafted equally by the Parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any Party shall not apply. Headings in this Agreement are for the convenience of the Parties and are not intended to be used in construing this document. (Ic) 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 Effecfi. 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 IMPROVEMENTAGREEMENT—Page 10 BLOOMFIELD HOMES, L.P., a Texas limited partnership By: Bloomfield Properties, Inc., a Texas corporation, its General Partner By: Donald J. Dykstra, its President IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF. § Before me, the undersigned notary public, on the day of _ ,20�4, 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 sy: Philip Sanders, City Manager IN WITNESS WHEREOF: STATE OF TEXAS § COUNTY OF Before me, the undersigned notary public, on the day of 2015, 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 ATTACHMENTS Exhibit A —The Property (legal description and survey drawing) Exhibit B —Economic Development Agreement Exhibit C —Parkland Dedication Deed Exhibit D — Parl< Land (legal description and survey drawing) Exhibit E — Parl< Facilities Exhibit F —Final Plat, Phase 1 Lakeview Estates Exhibit G —West Crossing Subdivision SUBDIVISION IMPROVEMENT AGREEMENT —Page 13 1 J 4 �� �$o¢ iP l�v g<&a � E } ,? �� osms 8 �� � � � � `�11�a.� ��� �� (t: W '� G N � t� �O � ��d� g x � € € � � � € � L � F a•� ge at 's� - 5 � � L 2 �,' - e � Ie �1R 9i9 g gg gg qq s �k €-� ae' .-� 6�� r _ 5 e 3 e x t s e � x y7 x2 � .� 3�3 [�$ E E $ E E i i i � � gi ��' iaz Etic �!� e�7 E P R A, a J_ SS =ff 2 • € _ ��$ F e BFa s n e_ s a a as ash coF a€=_ seg ,et 3% 3® ii i$ i"a i"_e i_'e 33 it 3s i iF aF i�e� ,€9�g if3 #==S 3tl3:ea 3tl3-y �-� tlsB eb .... L .�.�.eftL4 €e�C €fie � €8€EkF e i' @' S s�yy d y Cli l�li5 �gry ei 1.Y� ��S�Ciffi��s"�=A ] 7 2 5 9 5 '� 9 9> 5 :; 1 H'n �a xo o 'r. e�i Eta1� P1 i City of Anna, County %J Collin, State of Texas. Economic Development Agreement This Economic Development Agreement (this "A�reement") is entered into by and between the City of Anna, Texas, (the "City"), 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 Govermient 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 acluiowledged, the parties agree as follows: SECTION 1. AUTI3ORIZATION This Agreement is authorized by Chapter 380 of the Texas Local Government Code, and by Resolution No. of the City. Page 1 of 10 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. 2.1.1 "Development Fees" mean roadway impact fees and building permit fees related to the Property. 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 ajnount 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 Goverrunent Code. 2.5. "Program Grants" means the amounts paid by the City in accordance with Section 4 of this Agreemez�.t. 2.6. "Project" means the design and construction of a portion of Ferguson Parkway located within the City, and described more particularly iui Exhibit A, that complies with all applicable City regulations including the City's zoning ordinance, building codes, design standards, and other development regulations. 2.6.1 "Project Costs" means all costs actually paid by Grantee for the Project including all costs related to surveying, engineering, design, permitting, construction, inspection, and testing. Page 2 of 10 2.7. "Pi•oner "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 fiill. 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 Inere�nent 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. 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 fiilly and properly affixed to this Agreement and aclalowledged 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 (iii) 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 lesser of (a) the Incentive Amount, or (b) the Project Costs. 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 Worlcs 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 payinent 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 atunially, beginning in the year , on the later of January 31 or 90 days after Page 3 of 10 �r� 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 remauung 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. Notwithstandilig 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, 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 maimer set forth for competitive sealed bids or competitive sealed proposals Local Govermnent 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. Page 4 of 10 (f) Inc 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. 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 maimer 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 Paz•ty") 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 "ComnlaininR Party") to cue such default, then the Complaining Party, by action or proceeding at law, may be awarded damages for such default; provided, further, that (1) the Grantee agrees that its damages shall be linuted 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 act 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 fiirther Program Grant payments after the date this Agreement is nullified provided the City gives Grantee credits against Development Fees related to the development of the Property owed by Grantee to the City up to the amount of the remaining Program Grants; provided, however, that the City has no obligation to credit any Development Fees that Page 5 of 10 become due to the City after the expiration of the parties' obligations as determined under Section 4.5 of this Agreement, even if the total amount of all Program Grants paid to the Grantee and Development Fees credited to the Grantee are less than the Incentive Amount. 6.5. Force Majeure. 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 Majeure"), then the obligations of the City or Grantee are temporarily suspended during continuation of the Force 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 fill 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 all that are necessary as determined by the City for the Project. SECTION 8. REPRESENTATIONS AND WAR.R.ANTIES 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 laiows 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. Page 6 of 10 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 Uy 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 of Bloomfield Homes, L.P., as Grantee, and is enforceable in accordance with its terms and conditions; and (c) The Grantee 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 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 unenforeeability 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. Page 7 of 10 SECTION 11. INTERPRETATION AND FAIR CONSTRUCTION OF THE CONTRACT 11.1. This Agreement has been reviewed and approved by each of the Pan ties. 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. SECTION 12. DISPUTE RESOLUTION AND VENUE 12. L 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 MIS CELLANEOiJS 13.1. This Agreement and the Subdivision hnprovement 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, cen•tified 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. Page 8 of 10 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 Alma Attn: Philip Sanders, City Manager 111 N. Powell Pkwy, P.O. Box 776 Anna, Texas 75409-0776 13.4. This Agreement is governed by and is to be consh•ued 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. �REAlAINDER OF THIS PAGE INTENTIONALL I' LEFT BLANK'` Page 9 of 10 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 ,2015, personally appeared Philip Sanders, lalown to me (or proved to me) to be the person whose name is subscribed to the foregoing instrument and acluiowledged to me that he executed the same in his capacity as City Manager of the City of Alma and on behalf of the City of Anna. 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Box8046 Property Account Number! -• McKinney, TX 76011 972S41-5020 R685600002101 Statement Dale: 10/3012014 Proporty Location: 0000000 COUNTY ROAD 1036 Owner: BLOOMFIELD HOMES LP Acres: 50,6597 Mailing Address: 1050 ESTATE HWY i M STE210 Legal: ABS A0856 JOSEPH SLATER SCHLUT SOUTHLAKETX 76092-5265 FRSURVEY, TRACT21, 50.6597 A CRES Exemptions: �� N914OMESiT,EJi{PiiV_. .,iM7PRQVE1�9Etf(+ljtLUC-,.t1D.LiA40CV,rCLUE. 0 810,555 0 O40,b55 0 t,: r>rehlp0oq .tr 1rf``, TaxiBg`E�lftla t'6 ti �lMounl? e Pol$10P r, 13a4@Ta>E ,7alpa-= .jiato ti .... .. _ .. ..... ... .,. r, . ...... , ... , .. , ...11r.,. .. k_( COLLINCOUN Y 0 810,665 0,236000 1904,80 MA CITY 0 81005 0,649000 6260450 ANNA ISO 0 8100555 1,640060 12482,66 ............................•-•-•----.....--•---•-•----._..... ".1'.. Detach. �%'. -----...._ . RelurnWlhPeyment BLOOMFIELD HOMES LP 1050 E STATE HWY 114 STE 210 SOUTHLAI<E 7X 76092-52b5 TOTALBASETAX 20.312.18 PRIOR YEARS 0.00 ,,<TgtatArnounlbke:'Y�•. ,'.f - p:�-2r�;3121'I,B ": Property Acoouni Number R6B5600002101 7Rtdl Alhtdunf Dpe1 $20L3121:8 d�1 IF PAID IN AMOUNTOUE NOV $20,312,18 DEC $20,312.18 JAN $20,312418 FEn $21,73444 fdAR $22,140,29 APR Ple�sDMako ChecksP Tos1 Its Kenn�h 1Maun i Collin County b 2300 Bloomdala Road Sfe. 2324P.O. BOX °coon♦ 046 McKinne $TX Property Account Number. , M2,647, 020 7507t R686600004601 9T2.647.6020 Statement ale: 10/3012014 Property Location: 0000000 Owner: BLOOMFIELD HOMES LP Acres: 3.3 MaIIInO Address: 807 POTOIMC PL Legal: ASS A0356 JOSEPH SLATER SCHLUT SOU7HLAKE TX 76D92-9326 , ER SURVEY, TRACT 4613.30 ACRE S Exempllons: _. IIAPRt?�Et4ENT,YALt1�„., ., Li1NOlUR!tkT VbWE„_ y�JOt�F10NE?YO1?RI 11P0N0�.1ES1t�,f. oV �.lz zi�``AGirA1:UE ,., .. 0 62,800ll 524800 - 0 - 'S L. ti Eke�iptioh dt!.{'tp, 144. xahlelfal it 1_� SaKitaloPoast]!0„l B�so7aK i - .l., . r COLLIN COUNTY 0 62,000 0.235000 0.00 ANNACITY 0 62,800 0,649000 0,00 ANNA ISO 0 62,800 1,640000 0.00 TOTAL BASE TAX 0.00 PRIOR YEARS 0,00 :ToLnlArrlqun.t 'b0o t.,i.. r•rs-:;'. .t . rS.1�,00'3 Relum With Payment BLOOMFIELD HOMES LP 807 POTOMAC PL SOUTHLAKE TX 76092-9326 PropertyAccounl Number R685000004601 L TotatAmoyntOue IF PAIDIN ArfOUNTDUE tIOV $0,00 bec $0,00 JAN $0.00 FEn $0,00 h1AR $0,00 lPR ' In '* soMl a6bheckTPa�abteT6 i 6n[leth,Lai Mdui tl „ 4 -- a: •r t \\Bdut-fsl\��'pprolaw\2993.018\263946 2.doc 2 Last Revised: ]0/30/14 � � 1 �� • � � �= '1 � • _= ► 1 � Anna. Texas `. 1 1i • Varying Sections of Divided 25 Paving FERGUSON PARKWAY COST SUMMARY LAKEVIEW ESTATES Anna, Texas Sta. 0+00 to Sta. 23+13 Excavation Prep ROW (phase 1) STA 18 1,900.00 34,200.00 Excavation ( phase 1 ) CY 71840 6.20 48,608600 Prep ROW ( phase 2 ) STA 5 11900000 9,500.00 Excavation ( phase 2 ) CY 21400 6.20 14,880000 Subtotal Excavation 107,188.00 Paving 8"-3600 psi conc. Pvmt. ( phase 1) SY 6,300 39.10 246,330.00 6" Lime Stabilized Subgrade ( phase 1 ) SY 61800 2055 17$40.00 Lime ( phase 1 ) TN 123 145.00 171835000 8"-3600 psi conc. Pvmt. ( phase 2) SY 31500 49.75 174,125.00 6" Lime Stabilized Subgrade ( phase 2 ) SY 31800 2.55 91690,00 Lime ( phase 2) TN 69 145.00 10)005.00 Transition SY 550 57.00 31,350.00 Concrete Driveway Pavement SY 355 45.00 15,975.00 Sawcut & Connect to Exist. Pvmt LF 242 20.00 41840000 Connect to Exist Concrete Header LF 25 5.00 125.00 Connect to Exist HMAC LF 72 20.00 11440.00 Keyed Construction Joint LF 133 16.00 21128,00 Concrete Street Header LF 25 15.00 375.00 5' Sidewalk SF 81170 4.25 34,722.50 Pavement Markings LS 1 181000.00 187000000 Traffic Control EA 3 33500000 10,500.00 Repair Gravel Driveway (Include CMP) EA 1 21500.00 21500.00 Remove Existing Concrete Sidewalk SF 21770 1.50 4,155.00 Remove Existing Asphalt Pavement SY 61100 4.50 27,450.00 Road Signs EA 7 475.00 31325000 2" PVC Conduit LF 240 12.00 2,880.00 Barrier Free Ramp EA 2 17200,00 21400.00 Maintenance Ramp EA 7 11000400 7,000.00 Remove Existing Lane Line Markings LF 11700 1.50 21550.00 Remove Existing Turn Symbols EA 2 75.00 150.00 Subtotal Paving 647,190.50 12/10/2014 2014-12-10 Ferguson Road CE.xlsx MEMKOJ varying Sections of Divided 25 Paving FERGUSON PARKWAY COST SUMMARY LAKEVIEW ESTATES Anna, Texas Sta. 0+00 to Sta. 23+13 Utilities 10 ft. Rec. Inlet 21" RCP, Class III 6'x4' Box Culvert Box Culvert Headwall Misc. Storm Connections Remove Existing Hdwl Trench Safety Misc. Erosion Control, Maintance Utility Relocation Landscape and Irrigation Street Lights ( incl. conduit ) Relocate Existing Utility Poles EA 1 4,200.00 4,200.00 LF 62 41.50 25573.00 LF 101 353.00 35,653.00 EA 1 6,500.00 6,500.00 LS 1 700,00 700.00 EA 1 11350600 11350400 LF 163 0.40 65.20 Subtotal Utilities 51,041.20 LS 1 10,000.00 20,000.00 LS 1 10)000.00 10,000.00 LS 1 20,000.00 20,000,00 EA 7 2,500.00 17,500.00 LS 1.00 5,000.00 5,000.00 Subtotal Misc. 72,500.00 Subtotal 877,919.70 Contingencies (5%) 43,895.99 Engineering 161680000 Surveying 26,365.00 Testing 15,000600 Maintenance Bond 4,000.00 Inspection (3%) 27,654.47 R.O.W. Acquisition 20,000.00 TOTAL COST 10031,515.16 12/10/2014 2014-12-10 Ferguson Road CE.xlsx SECTION 2 Varying Sections of Divided 25' Paving FERGUSON PARKWAY COST SUMMARY LAKEVIEW ESTATES Anna, Texas Sta. 23+13 to Sta. 38+08 Excavation Prep ROW Excavation Paving 8"-3600 psi conc. Pvmt. 6" Lime Stabilized Subgrade Lime Asphalt Transition Concrete Driveway Pavement Concrete Street Header 5' Sidewalk Pavement Markings Traffic Control Repair Gravel Driveway (Include CMP) Remove Existing Asphalt Pavement Road Signs Maintenance Ramp Barricade Utilities 20 ft. Rec. Inlet 18" RCP, Class III Trench Safety Misc. Relocate Existing Utility Poles Erosion Control, Maintance Street Lights ( incl. conduit ) Utility Relocation Landscape and Irrigation STA 15 1,900.00 28,500.00 CY 2,100 6.20 13,020.00 Subtotal Excavation 413520.00 SY 4,250 39.10 166,175.00 SY 41590 2.55 11,704.50 TN 83 145.00 12,035.00 SY 345 57.00 19,665000 SY 210 45.00 9,450.00 LF 25 15.00 375.00 SF 6)905 4.25 29,346.25 LS 1 8,000.00 8,000.00 EA 3 2,500.00 7,500.00 EA 4 2,500.00 10,000000 SY 3,820 4.50 17,190.00 EA 3 475.00 1,425.00 EA 1 1, 000.00 1, 000.00 LF 25 35.00 875.00 Subtotal Paving 294,740.75 EA 1 4,200.00 4,200.00 LF 181 35.00 6,335.00 LF 181 0.40 72.40 Subtotal Utilities 10,607.40 LS 1 5,000.00 5,000.00 LS 1 10,000.00 10,000.00 EA 1 2,500.00 10,000.00 LS 1 51000000 5,000.00 LS 1 21500,00 2,500.00 Subtotal Misc. 32,500.00 12/10/2014 2014-12-10 Ferguson Road CE.xlsx SECTION 2 varying Sections of Divided 25 Paving FERGUSON PARKWAY COST SUMMARY LAKEVIEW ESTATES Anna, Texas Sta. 23+13 to Sta. 38+08 KrescripLion®© • Subtotal 379,368.'I 5 Contingencies (5%) 18,968.41 Engineering 10,820.00 Surveying 17,135400 Testing 10,000.00 Maintenance Bond 21500200 Inspection (3%) 11,950410 TOTAL COST 450,741.65 12/10/2014 2014-12-10 Ferguson Road CE.xlsx NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU AREA NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DEDICATION DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLINS § BLOOMFIELD HOMES, L.P., a Texas limited partnership (hereinafter called "Grantor"), as a dedication, donation and gift to the CITY OF ANNA, TEXAS, a Texas municipal corporation (hereinafter called "Grantee"), whose address is 111 N. Powell Parkway, Anna, Collin County, Texas 75049, has DEDICATED and CONVEYED, and by these presents does hereby DEDICATE and CONVEY forever unto Grantee for public use, a certain 9.132 acre tract of land located in Collin County, Texas which is more particularly described on Exhibit A attached hereto and made a part hereof for all purposes (the "Property"); TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging, unto Grantee, its successors and assigns FOREVER, Grantor does hereby bind itself and its successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof by, through or under Grantor, but not otherwise. Executed as of , 2014. GRANTOR: BLOOMFIELD HOMES, a Texas limited partnership By: Bloomfield Properties, Inc., a Texas corporation, its general partner By: THE STATE OF TEXAS § COUNTY OF § Donald J. Dylcstca, President Before me the undersigned, on this day personally appeared Donald J. Dykstra, President of Bloomfield Properties, Inc., a Texas corporation, acting as general partner of B1oomfeld Homes, L.P., a Texas limited partnership, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. Given under my hand and seal of office this day of SEAL 2014. Notary Public in and for the State or I exas LEGAL DESCRIPTION OF THE PROPERTY (See Attached) iv WN PP WW dosa N�n bL4 z gts ia$� ii aie3l gi �: $i gi ?s §;3pj sus L °be `i I ? L s :2 t� t� ;u `t [it §5$ 4 •sP3_ L Y gIM to s, ogsas 3 a 8E 3 3 i {p Siaec s 5 3 ,e3 i by Al AND s��e g It at It it lljjl III! pp 3g ass$a f sl ^j3 a as _-A ni past 8?0 e��;p is �a�re Pa� cm aa Y 13 YR ii cs x as s3 $, a$,-oA 7$3 a$ a$•Ee is s is i"": g:s ? it ps; PgFF§ it F egp sP ag� ig sg Ag%€S ^s`^i $g 3 E3 33: gs : aCs sN gip "e a3g .tt g p; ui. yat:3Y aS. a?p. a $= ya, a �yy egpg 3& �e gge4 egz- S6 MR i 9es €et €a a�cn €a� �s�e �s3 �e7I I: P<NE s �suaa ��n:sasoaas9pa953$3S.a3u5 F� use •orr t aeon Ql � y�r O Oo v�'xr g ts: 4 i �32 eS i Fi�2aa 3 511 :fig A=a^eAgazzA�L s R g 3 e s i s se sg COO EE�FEE�:}�so$ SAaAaaQ-plp a. .,- 5 ap:��s^.a�aaae3z#Rj4 �=y�Fpb3^a i a d o� d� u t � dd �o oti o y e N FIELD NOTES -TRACT TWO BEING a 9.132 acre tract of land situated in the Joseph Schluter Survey, Abstract No. 856, Collin County, Texas and being a part of that 50,6597 acre tract of land described in deed to BLOOMFIELD HOMES, L.P. according to the Special Warranty Deed recorded in Instrument # 20121002001246520 Official Public Records of Collin county, Texas, (OPRCCT), and a part of that 3.300 acre tract of land described in deed to BLOOMFIELD HOMES, L.P. according to the Deed Without Warranty recorded in County Clerk's file Number 20131203001603350 (OPRCCT), said 9.132 acre tract of land being more particularly described as follows: COMMENCING at a PI< nail found for the southwest corner of said 3.300 acre BLOOMFIELD HOMES tract the same being in or near the centerline of County Road No. 367; THENCE North 88 degrees 56 minutes 17 seconds East, departing said County Road and along the south line of said BLOOMFIELD tract a distance of 30.00 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner, THENCE North 87 degrees 01 minutes 33 seconds East, continuing along said south line a distance of 716.98 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" found for corner; THENCE North 86 degrees 42 minutes 24 seconds East, continuing along said south line a distance of 124.87 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner and the POINT OF BEGINNING, the same beginning of a tangent curve to the left through a central angle of 34 degrees 51 minutes 52 seconds, a radius of 225.00 feet and a long chord that bears North 69 degrees 16 minutes 28 seconds East a distance of 134.81 feet; THENCE departing said south line and over and across said BLOOMFIELD HOMES tract alang said tangent curve fio the left an arc distance of 136.91 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner; THENCE North 51 degrees 50 minutes 32 seconds East, a distance of 275:04 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner and the beginning of a tangent curve to the left through a central angle of 49 degrees 45 minutes 34 seconds, a radius of 515.00 feet and a long chord that bears North 26 degrees 57 minutes 45 seconds East a distance of 433.34 feet; THENCE along said tangent curve to the left an arc distance of 447.26 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner; THENCE North 02 degrees 04 minutes 58 seconds East, a distance of 33.09 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner and the beginning of anon -tangent curve to the left through a central angle of 125 degrees 44 minutes 53 seconds, a radius of 50.0D feet and a long chord that bears North 23 degrees 55 minutes 17 seconds West a distance of 89.00 feet; THENCE along said non -tangent curve to the left an arc distance of 109.74 feet to a 5/8 inch iron rod with yellow plastic cap sta►�ped "WESTWOOD PS" set for corner; THENCE North 02 degrees 04 minutes 58 seconds East, a distance of 108.01 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner; Page 1 of 3 THENCE North 28 degrees 59 minutes 38 seconds West, a distance of 121.49 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner and the beginning of a non -tangent curve to the left through a central angle of 10 degrees 34 minutes 26 seconds, a radius of 1500.00 feet and a long chord that bears North 28 degrees 18 minutes 25 seconds East a distance of 276.43 feet, THENCE along said non -tangent curve to the left an arc distance of 276.82 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner; THENCE North 24 degrees 10 minutes 51 seconds East, a distance of 69.28 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner, THENCE North 18 degrees 22 minutes 53 seconds East, a distance of 74.28 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner; THENCE North 08 degrees 17 minutes 22 seconds East, a distance of 84.98 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner and being in the north line of said BLOOMFIELD HOMES tract the same being in the south line of a tract of land conveyed to Troy Queen and wife, Floella Queen, according to the General Warranty Deed recorded in Volume 5707, Page 4433 (OPRCCT); THENCE South 87 degrees 5S minutes 02 seconds East, along the common south line of said Queen tract and the north line of said BLOOMFIELD HOMES tract, passing a 1/2 inch iron rod found at a distance of 23.67 feet, in all a distance of 111.22 feet to the approximate centerline of a creek, THENCE along or near the centerline of said creek and along the westerly lines of the following tracts of land: a tract conveyed to Wllllam R. Henry and wife Andrea M. Henry according to the Warranty Deed with Lender's Lien recorded in County Clerk's File No. 20100528000541220 (OPRCCT), a tract conveyed to David A. Walker according to the Warranty Deed with Vender's Lien recorded in County Clerk's File Number 20140228000190240 (OPRCCT), a tract conveyed to Dean E. & Michele A. Andrews according to the deed recorded in Volume 4570, Page 4233 (OPRCCT), a tract conveyed to Lance J. Pettingill and Melinda L. Nelson-Pettingill according to the Community Interest Special Warranty Deed recorded in County Clerk's File Number 20120125000088530 (OPRCCT) and a tract conveyed to John Baldwin according to the deed recorded in Volume 4609, Page 2526 (OPRCCT) the following course and distance: South 13 degrees 04 minutes 33 seconds East, a distance of 60.64 feet; South 27 degrees 28 minute 37 seconds East, a distance of41.76 feet; South 45 degrees 50 minutes 45 seconds West, a distance of 254.40 feet; South 16 degrees 20 minutes 21 seconds East, a distance of 147.00 feet; South 45 degrees 30 minutes 17 seconds West, a distance of 44.40 feet; South 31 degrees 12 minutes 09 seconds East, a distance of 96.04 feet; South 12 degrees 47 minutes 23 seconds West, a distance of 74.14 feet; Page 2 of 3 out 41 degrees 51 minutes 37 seconds West, a distance of 58.66 feet; South 20 degrees 54 minutes 02 seconds East, a distance of 107.46 fee; South 65 degrees 19 minutes 04 seconds East, a distance of 115.93 feet; South 03 degrees 53 minutes 14 seconds East, a distance of 136.15 feet; South 59 degrees 46 minutes 38 seconds East, a distance of 245.97 feet; South 16 degrees 11 minutes 19 seconds East, a distance of 232.03 feet to the south corner of said Pettigill tract; South 44 degrees 11 minutes 21 seconds West, along the northwest line of said Baldwin tract, a distance of 81.04 feet; THENCE South 86 degrees 42 minutes 24 seconds West, along the south line of aforementioned 3.300 acre BLOOMFIELD HOMES tract, a distance of 984.87 feet to the POINT OF BEGINNING and containing 397,769 square feet or 9.132 acres of land more or less. Bearings for this description cited are based on Grid North State Plane Coordinates of the Texas Coordinate System NAD83 (CORS96) Texas North Central Zone (4202), NAVD88. Date of Last Survey: March 19, 2014 An exhibit of even date accompanies this description. Date: October 24, 2014 RELEASED FOR REVIEW ONLY. 10-22-2014 IN ACCORDANCE WITH TEXAS BOARD OF PROFESSIONAL LAND SURVEYING RULE 663.18(C). 29 T.A.C. 663.18 (C) THIS IS A PRELIMINARY DOCUMENT AND SHALL NOT BE SIGNED OR SEALED, Harry L. Dickens Registered Professional Land Surveyor Texas Registration No. 5939 harry.dicl<ens@westwoodps.com Westwood Professional Services 2740 North Dallas Parkway, Suite 280 Plano, Texas 75093 Texas Surveying Firm No. 10074301 Direct: 214,473,4643 Main: 214.473-4640 Page 3 of 3 �gEk ge 3 ° 9 i E 6' ai is ;§iaa nea �5;6� °n in;4_ is is �:;�a ae iE is �s 10 iE. t z@ EE$$ a p 1yt f= �aS� 9+ 3T��•s d� � ag`�8 a� �� ;� `• g� 3 5 5: gF Ni FAat ky� 9xi 3y s a ?i a= ga3t Y s 3 e. - k 5s iR 3�'F s e it tqt c13 41a9E9 5. pE 5 5y x' q °l if Rif s 14 'v q9 # EaR EiiiCe 5 45E i .k 55$ q 1 Ss p t$ i. e e a.5 f)ss` 1'jU Elan [r {5 t `a tab ;t He i E5 in El Fs 77sk c Bi x 33F R IF aS^Ep €R a a MCA eg R R o�e ``p io'E g!Ek1S fit 4 •k FI €➢s�8 C2 8f VLC SS if if is yyIq a3€ ZAHN �`,i. 7e��� g4g, e� 5i yS. �e. {eig 85 ge �e �e ne 33 €`de•it ,a5$ ens` 33 FbF 3"3°ERiq°EEt a"o BOVa°.eE• 5"5. '• €�� €i3.•5 A_,. SE'e�� �38 S iS3 d9 64F S5 R9 19 €1 gg y c Ny §� A \NE45 YK S� <y 1 Q�4 R Ott W 410 U�y L19 O'j2 X � y i 9 �°UU3 fias�sasassg5"a=3'-95 a"S.pi5 ks d9E 3 's '011 o E• £ 4 o d to • � d P ld Fa o: .� •d�8 kf k!Tik�egYa° All pp P s g`a4§Ea€8€a33 Sg` t 5e45e 6es55e5 �g �S €�EE�EEE$Ekkf a e aUa spa^ £a Suqs €da5'e 0. zG o� g oii 2 { h �8 N i FIELD NOTES - TRACT TWO BEING a 9.132 acre tract of land situated in the Joseph Schluter Survey, Abstract No. 856, Collin County, Texas and being a part of that 50,6597 acre tract of land described in deed to BLOOMFIELD HOMES, L.P. according to the Special Warranty Deed recorded in Instrument # 20121002001246520 Official Public Records of Collin county, Texas, (OPRCCT), and a part of that 3.300 acre tract of land described in deed to BLOOMFIELD HOMES, L.P. according to the Deed Without Warranty recorded in County Clerk's file Number 20131203001603350 (OPRCCT), said 9.132 acre tract of land being more particularly described as follows: COMMENCING at a PI< nail found for the southwest corner of said 3.300 acre BLOOMFIELD HOMES tract the same being in or near the centerline of County Road No. 367, THENCE North 88 degrees 56 minutes 17 seconds East, departing said County Road and along the south line of said BLOOMFIELD tract a distance of 30.00 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner, THENCE North 87 degrees 01 minutes 33 seconds East, continuing along said south line a distance of 716.98 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" found for corner, THENCE North 86 degrees 42 minutes 24 seconds East, continuing along said south line a distance of 124.87 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner and the POINT OF BEGINNING, the same beginning of a tangent curve to the left through a central angle of 34 degrees 51 minutes 52 seconds, a radius of 225.00 feet and a long chord that bears North 69 degrees 16 minutes 28 seconds East a distance of 134.81 feet; THENCE departing said south line and over and across said BLOOMFIELD HOMES tract along said tangent curve to the left Cl" arc distance of 136.91 feet to a 5/8 inch iron rod with yellow plastic cap stamped 'WESTWOOD PS" set for corner, THENCE North 51 degrees 50 minutes 32 seconds East, a distance of 27504 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner and the beginning of a tangent curve to the left through a central angle of 49 degrees 45 minutes 34 seconds, a radius of 515.00 feet and a long chord that bears North 26 degrees 57 minutes 45 seconds East a distance of 433.34 feet; THENCE along said tangent curve to the left an arc distance of 447.26 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner; THENCE North 02 degrees 04 minutes 58 seconds East, a distance of 33.09 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner and the beginning of anon -tangent curve to the left through a central angle of 125 degrees 44 minutes 53 seconds, a radius of 50.00 feet and a long chord that bears North 23 degrees 55 minutes 17 seconds West a distance of 89.00 feet; THENCE along said non -tangent curve to the left an arc distance of 109.74 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner; THENCE North 02 degrees 04 minutes 58 seconds East, a distance of 108.01 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner; Page 1 of 3 THENCE North 28 degrees 59 minutes 38 seconds West, a distance of 121.49 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner and the beginning of a non -tangent curve to the left through a central angle of 10 degrees 34 minutes 26 seconds, a radius of 1500.00 feet and a long chord that bears North 28 degrees 18 minutes 25 seconds East a distance of 276.43 feet; THENCE along said non -tangent curve to the left an arc distance of 276.82 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner; THENCE North 24 degrees 10 minutes 51 seconds East, a distance of 69.28 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner; THENCE North 18 degrees 22 minutes 53 seconds East, a distance of 74.28 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner; THENCE North 08 degrees 17 minutes 22 seconds East, a distance of 84.98 feet to a 5/8 inch iron rod with yellow plastic cap stamped "WESTWOOD PS" set for corner and being in the north line of said BLOOMFIELD HOMES tract the same being in the south line of a tract of land conveyed to Troy Queen and wife, Floella Queen, according to the General Warranty Deed recorded in Volume 5707, Page 4433 (OPRCCT), THENCE South 87 degrees 55 minutes 02 seconds East, along the common south line of said Queen tract and the north line of said BLOOMFIELD HOMES tract, passing a 1/2 inch iron rod found at a distance of 23.67 feet, in all a distance of 111.22 feet to the approximate centerline of a creek; THENCE along or near the centerline of said creek and along the westerly lines of the following tracts of land. a tract conveyed to William R. Henry and wife Andrea M. Henry according to the Warranty Deed with Lender's Lien recorded in County Clerk's File No. 20100528000541220 (OPRCCT), a tract conveyed to David A. Walker according to the Warranty Deed with Vender's Lien recorded in County Clerk's File Number 20140228000190240 (OPRCCT), a tract conveyed to Dean E. & Michele A. Andrews according to the deed recorded in Volume 4570, Page 4233 (OPRCCT), a tract conveyed to Lance J. Pettingill and Melinda L. Nelson-Pettingill according to the Community Interest Special Warranty Deed recorded in County Clerk's File Number 20120125000088530 (OPRCCT) and a tract conveyed to John Baldwin according to the deed recorded in Volume 4609, Page 2526 (OPRCCT) the following course and distance. South 13 degrees 04 minutes 33 seconds East, a distance of 60.64 feet; South 27 degrees 28 minute 37 seconds East, a distance of 41.76 feet; South 45 degrees 50 minutes 45 seconds West, a distance of 254.40 feet; South 16 degrees 20 minutes 21 seconds East, a distance of 147.00 feet; South 45 degrees 30 minutes 17 seconds West, a distance of 44.40 feet; South 31 degrees 12 minutes 09 seconds East, a distance of 96.04 feet; South 12 degrees 47 minutes 23 seconds West, a distance of 74.14 feet; Page 2 of 3 South 41 degrees 51 minutes 37 seconds West, a distance of 58.66 feet; South 20 degrees 54 minutes 02 seconds East, a distance of 107.46 fee; South 65 degrees 19 minutes 04 seconds East, a distance of 115.93 feet; Souuth 03 degrees 53 minutes 14 seconds East, a distance of 136.15 feet; South 59 degrees 46 minutes 38 seconds East, a distance of 245.97 feet; South 16 degrees 11 minutes 19 seconds East, a distance of 232.03 feet to the south corner of said Pettigill tract; South 44 degrees 11 minutes 21 seconds West, along the northwest line of said Baldwin tract, a distance of 81.04 feet; THENCE South 86 degrees 42 minutes 24 seconds West, along the south line of aforementioned 3.300 acre BLOOMFIELD HOMES tract, a distance of 984.87 feet to the POINT OF BEGINNING and containing 397,769 square feet or 9.132 acres of land more or less. Bearings for this description cited are based on Grid North State Plane Coordinates of the Texas Coordinate System NAD83 (CORS96) Texas North Central Zone (4202), NAVD88. Date of Last Survey: March 19, 2014 An exhibit of even date accompanies this description. Date: October 24, 2014 RELEASED FOR REVIEW ONLY. 10-22-2014 IN ACCORDANCE WITH TEXAS BOARD OF PROFESSIONAL LAND SURVEYING RULE 663.18(C). 29 T.A.C. 663.18 (C) THIS IS A PRELIMINARY DOCUMENT AND SHALL NOT BE SIGNED OR SEALED. Harry L. Dickens Registered Professional Land Surveyor Texas Registration No. 5939 harry.dicl<ens@westwoodps.com Westwood Professional Services 2740 North Dallas Pari<way, Suite 280 Plano, Texas 75093 Texas Surveying Firm No. 10074301 Direct: 214.473.4643 Main: 214.473-4640 Page 3 of 3 Exhibit E Phase 1, Slayter Creek Trail and Lakeview Park Improvements Description Unit Quantity Price Amount Notes Slayter Creek Trai and Lakeview Park Improvements PHASE 1 Clearing, underbrushing, triming LS 1 $ 18,500.00 $ 18,500.00 Trail Excavation LS 1 $ 5,000.00 $ 5,000.00 Based on approximately 8 ft. Wide Concrete Hike and Bike Trail SF 18,720 $ 4.15 $ 77,688.00 2,340 linear feet of trail Seed LS 1 $ 5,000.00 $ 5,000.00 Picnic Tables by Miracle, Model # 11229, Hunter Based on Quote No. Green EA 2 $ 1,184.00 $ 2,368.00 61140123 attached* Based on EZ Dock Quote Floating Dock by EZ Dock of Texas, Quote # 4781 EA 1 $ 36,058.50 $ 36,058.50 #4781 attached Park Benches by Miracle, Model ft 127219, Based on Quote No. Hunter Green EA 4 $ 523.00 $ 2,092.00 61140123 attached" $ 146,706.50 * does not include freight City shall approved final staking and alignment of the Hike and Bike trail prior to construction. Hike and Bike Trail construction shall comply with City design and construction standards. Subgrade and base shall be compacted to 95%. City shall approved location and placement of Picnic Tables, Floating Dock, and Park Benches prior to installation. a r ! � O W a as � I I I 1 I 1 1 I 1 , I i o i:I'---- z .E '9 �x• -- I$ I Iz. J ,11.1��CJ.I rlLl 1TJ Q I'OQ IY OSll rl(1�'ltJ J � g tl m �n Sales Representative webuildfun, inc. PO Box 29 Allen, TX 75013 Phone;(972)727-0653 Fax:(972)396-4994 Pt•epared ANNA, CITY OF For: 101 NORTH POWELL PARKWAY ANNA, TX 75409 mschwanke chi annatexas.com Payment Miracle Rect•eation Equipment Company Remittance: 84aS Solution Center, Chicago, IL 60677-8004 Payment/ MAURICE SCHWANKE (972) 924-3325 Accounting Contact: Quantity Item Number Equipment Quotation Quote Number: 61140123 Quote Date: 11/OS/2014 Customer Number 7540A08 Terms of Sale: Net 30 Customer Class: 1. Parks & Rec Shipping 14fethod: Best Way Freigbt Terms: Prepaid Approximate Ship Date: Cust PO Num: PO Remittance (if other than Sales Representative): Description Location: ANNA, CITY OF 101 NORTH POWELL PARKWAY ANNA, TX 75409 Stripping/ MAURICE SCHWANI{E (972) 924-3325 Delivery Contact: 3 11229 8' H.D. INCLUSIVE TABLE, 2-3/8" LEGS, MC -PORT 6 1272I9 6' BENCH WRACK, M'COTE-INGROUND Color List: System: LEG Item Number: 11229 Quantity: 3 PVC =Hunter Green; SITE AMENITIES FRAMES =Tan System: LEG Item Number: 1272I9 Quantity: 6 PVC =Hunter Green; SITE AMENITIES FRAMES =Tan Price Each Price Total $1,184.00 $3,552,00 $523.00 $3,138.00 Equipment Total: $6,690.00 Freight: $699.48 Grand Total: $7,389.48 Notes: The benches ar•e in -ground and the tables ar•e portable, Also, the tables are 8' for wheelchair• accessibility, Rep #: 61 Order #: 61140I23 Page 1 of 3 Rev D 052313 This Quote shall not become a binding contract until signed and delivered by both Customer and Miracle Recreation Equipment Company ("Miracle"). Sales Representative is not authorized to sign this Quote on behalf of Miracle or Customer, and signed Quotes cannot be accepted from Sales Representative. To submit this offer, please sign below and forward a complete signed copy of this Quote directly to "Miracle Sales Administration" via fax (417) 235-3551 or email: orders@miraclerec.com. Upon acceptance, Miracle will return a fully -signed copy of the Quote to Customer (with copy to Sales Representative) via fax or email. THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by Customer, in writing or otherwise, as material alterations, and all such proposed terms shall be void. Customer authorizes Miracle to ship the Equipment and agrees to pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via common carrier designated by Miracle. Payment terms are NetmM days from invoice date with approved credit and all charges are due and payable in full at 8445 Solution Center, Chicago, IL 60677-8004, unless notified otherwise by Miracle in writing. Customer agrees to pay all additional service charges. for past due invoices. Customer must provide proper tax exemption certificates to Miracle, and shall promptly pay and discharge all otherwise applicable taxes, license fees, levies and other impositions on the Equipment at its own expense. Purchase orders and payments should be made to the order of Miracle Recreation Equipment Company. Quote Number: 61140123 Quote Date: 11/OS/2014 Equipment Total; $6,690.00 Grand Total: $7,389.48 CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCI�ISE TI-� EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE AND SUBJECT TO FINAL APPROVAL BY MIRACLE, Submitted By Printed Name and Titte Date THE FOREGOING QUOTE AND OFFER ARE HEREBY APPROVED AND ACCEPTED BY MIRACLE RECREATION EQUIPMENT COMPANY. By: Datc: ADDTTIONAL TERMS _CONDTTIONS OF SALE 1. Use &Maintenance. Customer agrees to regularly inspect and maintain the Equipment, and to provide, inspect and maintain appropriate safety surfacing under and around the Equipment, in accordance with Miracle's product literature and the most current Consumer Product Safety Commission Handbook for Public Playground Safety. 2. Default, Remedies &Delinquency Charges. Customer's failure to pay any invoice when due, or its failure to otherwise comply with the terms of this Quote, shall constitute a default under all unsatisfied invoices ("Event of Default"). Upon an Event of Default, Miracle shall have all remedies available to it at law or equity, including, without limitation, all remedies afforded a secured creditor under the Uniform Commercial Code. Customer agrees to assist and cooperate with Miracle to accomplish its filing and enforcement of mechanic's or other liens with respect to the Equipment or its location or its repossession of the Equipment, and Customer expressly waives all rights to possess the Equipment after an Event of Default. All remedies are cumulative and not alternative, and no exercise by Miracle of a remedy will prohibit or waive the exercise of any other remedy. Customer shall pay all reasonable attorneys' fees plus any costs of collection incurred by Miracle in enforcing its rights hereunder. Subject to any limitations under law, Customer shall pay to Miracle as liquidated damages, and not as a penalty, an amount equal to 1.5% per month of any payment that is delinquent in such month and is not received by Miracle within ten (10) days after the date on which due. Rep #: 61 Order fi; 61140123 Page 2 of 3 Rev D 052313 13. Limitation of Warranty/ Indemnity. MIRACLE MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDARD WARRANTIES ISSUED WITH THE EQUIPMENT, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE, MIRACLE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAM AGES. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND SAVE MIRACLE HARMLESS FROM ALL CLAIMS OF ANY KIND FOR DAMAGES OF ANY KIND ARISING OUT OF CUSTOMER'S ALTERATION OF THE EQUIPMENT, TTS FAILURE TO MAINTAIN THE EQUIPMENT, ITS FAILURE TO PROPERLY SUPERVISE EQUIPMENT USE, OR ITS FAILURE TO PROVIDE AND MAINTAIN APPROPRIATE TYPES AND DEPTHS OF SAFETY SURFACING BENEATH AND AROUND THE EQUIPMENT IN ACCORDANCE WITH MIRACLE'S INSTALLATION AND OWNER'S MANUALS AND THE MOST CURRENT CONSUMER PRODUCT SAFETY COMMISSION HANDBOOK FOR PUBLIC PLAYGROUND SAFETY. 4. Restrictions. Until all amounts due hereunder are paid in full, Customer shall not: (i) permit the Equipment to be levied upon or attached under any legal process; (ii) transfer title to the Equipment or any of Customer's rights therein; or (iii) remove or permit the removal of the Equipment to any location not specified in this Quote. 5. Purchase Money Security Interest. Customer hereby grants, pledges and assigns to Iviiracle, and Miracle hereby reserves a purchase money security interest in, the Equipment in order to secure the payment and performance in full of all of Customer's obligations hereunder. Customer agrees that Miracle may file one or more financing statements, in order to allow it to perfect; acquire and maintain a superior security interest in the Equipment. 6. Choice of Law and Jurisdiction. All agreements between Customer and Miracle shall be interpreted, and the parties' obligations shall be governed, by the laws of the State of Missouri without reference to its choice of law provisions. Customer hereby consents to the personal jurisdiction of the state and federal courts located in the city and county of St. Louis, Missouri, 7. Title; Risk of Loss; Insurance, Miracle Retains full title to all Equipment until full payment is received by Miracle. Customer assumes all risk of loss or destruction of or damage to the Equipment by reason of theft fire, water, or any other cause, and the occurrence of any such casualty shall not relieve the Customer from its obligations hereunder and under any invoices. Until all amounts due hereunder are paid in full, Customer shall insure the Equipment against all such losses and casualties. 8. Waiver; Invalidity. Miracle may waive a default hereunder, or under any invoice or other agreement between Customer and Miracle, or cure such a default at Customer's expense, but shall have no obligation to do either, No waiver shall be deemed to have taken place unless it is in writing, signed by Miracle. Any one waiver shall not constitute a waiver of other defaults or the same kind of default at another time, or a forfeiture of any rights provided to Miracle hereunder or under any invoice. The invalidity of any portion of this Quote shall not affect the force and effect of the remaining valid portions hereof. 9. Entire Agreement; Amendment; Binding Nature. This fully -executed Quote, as supplemented by Change Orders and invoices containing exact amounts of estimates provided herein, constitutes Lite complete and exclusive agreement between the parties. A Change Order is a written instrument signed by the Customer and Miracle stating their agreement as to any amendment in the terms of this Quote. Customer acknowledges that Change Orders may result in delays and additional costs. The parties agree that all Change Orders shall include appropriate adjustments in price and time frames relating to any requested amendments. Upon full execution, this Quote shall be binding upon and inure to the benefit of the parties and their successors and assigns. 10. Counterparts; Electronic Transmission. This Quote, any invoice, and any other agreement between the parties, may be executed in counterparts, each of which shall constitute an original. The facsimile or other electronic transmission of any signed original document, and retransmission of any signed facsimile or other electronic transmission, shall be the same as the transmission of an original. At the request of either party, the parties will confirm facsimile or other electronically transmitted signatures by signing an original document. Rep #: 61 Order #: 611 A0123 Page 3 of 3 Rev D 052313 EZ Dock of Texas, LP. 3500 Raider Drive Hurst, TX 76053 C1(JGm Customer Name Proposal City of Anna Attn: Maurice Schwanke Date Quote # mschwanke@annatexas.gov 4/ 1 112014 4781 972-924-3325 Terms Salesman David Q.ty Item Description Price Total 3 208010 80" X 10' DOCK SECTION 1,885.00 5,655.00 1 3 260120 206010 1/2 HEXAGON DOCK SECTION 60" X 10' DOCK SECTION 1,142.00 11438400 1,142.00 4,314,00 27 301100 COUPLER SET WITH COMPOSITE HARDWARE 51.00 1,371.00 6 100910 421H H X 10' BARRIER FREE RAILING - GALVANIZED STEEL 630.00 3380.00 4 100912 421N H X 10' RAILING - GALVANIZED STEEL - STEP DESIGN 686.00 2344.00 4 100915 421N H X 5' RAILING - GALVANIZED STEEL to STEP DESIGN 383.00 1,532.00 8 135350 PIPE BRACKET AND COUPLER SET FOR 3.5" PIPE I I1.00 888.00 8 120035 20' LONG X 3.5" GATORSHIELD GALVANIZED STEEL TUBING 283.00 2,264.00 8 100036 PIPE CAP FOR 3.51N O.D. PIPE 11.00 88.00 1 W400420 4' WIDE X 20' LONG ALUMINUM GANGWAY WITH RAILING 41109400 4,109.00 I W400450 ABUTMENT/SHORE HINGE BRACKET FOR 4' GANGWAY - 62.5" BRACKET W/60" PIN 357,00 351.00 I W400401 4' ALUMINUM TRANSITION PLATE 469.00 469.00 1 W300300 ROLLER KIT FOR ALUMINUM GANGWAY 240.00 240.00 20 *ADA PRICE PER LINEAR FOOT TO ADD INSIDE 30 INCH RAIL AND TOE RAIL 80.00 I1600.00 INVOICE SUBTOTAL 30,559400 Mis 2015 PRICE INCREASE 2.8% 855.65 855.65 INSTALLATION SETUP/INSTALLATION 41343685 4,343.85 DELIVERY DELIVERY CHARGE 300,00 300.00 Subtotal $36,058.50 Customer is responsible for permits that might be required for any products that are to be installed. All warranties are by the manufacturer and cover defects in materials & workmanship only. Damage due to abuse or lake/weather conditions is not covered by warranty. EZ Dock of Texas, L.P. warrants all labor for one year from date of SLIM TU (D6a+A) $0.00 installation. 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Side Yard 6' Hirst Rear Yard 20' Was Iet 1114M 65' glass Lot Depth 11o' Wn. let Area 7,200 01. Pad sire 06 x to, TTpI<al Lot 65' x 116, t R A C T TRACT C I06 Iota 0TA97 A<r<a 111n. Front Yard 20' Iin, Side d Go lUe. Rcer Yard 20' min. tat oath 6s' 111n. lot Depth 110' Nin. let Area 6.000 a.l. Pad Sire 45' It TV 7"teal lat 66, x Ilb' D 087 (ale 192.000 Aerer liln. Front Yerd 20' H1o. side Yerd 6' Sun, Rear Yost 2o' giro, lot width 60' NIn. Let Depth Hot .141. Area 0.000 *.is Fad man 40' x 76' flpical lot 50• x l20' 7RAC7 D too Data 28.e67 Area SUn. Fnnl Yard 25' /Ca. "lose Yard 0' vm. Rtar Yard 20' gin. lot V14th 05' gin. let Depth 110' glas tat Area 7.200 a.0. Pad SI26 04, x le T"led Let 66' x 120' APPRom MAY I 4, rRoad 370 Extens/On APPROVED MAY 1 J. 20D4 PRELJ16dNARY PLAT Ol uv�'sr c�oss�nro ovr or Da XENRY BRAl7LLLY SORVEO; ABSTRACT H0. 7L JO}M G iERfi[5 SURVEY, ABSTRACT NO* 3O! CUYNE I[MOOREH SURVEY, BSTRACT ' N0. 49 1fAdd711I A(OORE SURVEY, AS1RACT 110. 819 W SxF CITY OF AN71A, COLIW COUM% TEXAS KALL 1'•Iar Dm 0/44 . aaleted Aerie orvIft 809� & J(Q� a(AOEAA) not RAM rCCOOJWPA270M r.o CITY OF AN NA, TEXAS Item No. 13 City Secretary's use only City COuncil Agenda Staff Report Date: Staff Contact: Exhibits: Yes 12/16/14 Maurice Schwanke AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving a final plat of Lakeview Estates, Phase 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 applicant is requesting a variance to the double frontage setback requirement and the provision of no lot to lot drainage. The City Council approved these variances with the preliminary plat that was approved by City Council in September of 2013. STAFF RECOMMENDATION: Staff recommends approval of the final plat and the attached resolution. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE FINAL PLAT OF LAKEVIEW ESTATES, PHASE 1. WHEREAS, In order to provide for the orderly development of land wn 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"); 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 final plat of Lakeview Estates, Phase 1, attached hereto as Exhibit 1, with the following variances: a) 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', and; b) a variance the prohibition on lot to lot drainage — In order to reduce the height of retaining walls, lot to lot drainage will be allowed through; lots 18-34 of block D; lots 1 and 2, lots 12-19, and lot 22 of block F; and lots 14 block E. These lots will receive runoff from the rear of adjoining lots, and Private Drainage Easements will maintained by the Lakeview Estates Home Owner Association. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 16th day of December, 2014. Natha Wilkison, City Secretary 1 APPROVED: Mayor, Mike Crist 4 n N a' 133111S oQC; M3 Ark^^ tln �'=gBxo'^8R oonnoR az 5 ainilf « z z z z e it -- $8$888888888888888888888 a Wi 0 Na f£n '6d 'LOGS 'IVA 5 n0 vf73n3 BLt'Ot N33013 R A081 � C ' R'wli 11 3xt+l � XdV msrc �p Ir, a `dw I .4icivilI xGf w1cENs ii C' 1 1 3nA b m u �'r2 .(IL11 L __LGR.G II I 1 I' owl I 'y` w1f14AN - .ritlM• k j j IlL<Y+a1EP I I u' Xdt. tl.- ,WV1-xctc>irwa ;1 111 t}I' R611 w Wd8/ r ''1LYrr- ui 3 4 All It L a 13411 11LFuE I Is aIN1 " u311 14 tR 1=2Vi h�511 - ,T4Pri r 1(VS,fS-w��K+��i I 3AIEQ I ° r� u_--_ 1 Y 1 mI2•w.tL9i,EYP my,r A_,WYIC_� it OOO.N37QXVJ ^ A 11 BsT�S1 ___' I ALUS.✓r/V' br -sltr,.V2`- it I 1 11 'Wolf i w1rR.+?V r ->~.CLTIiM1Yf al l 11 .Isws.NA' tl It S mP' I N I I l® L lO PAXPETV tr"- lSVV, i m]u tl I I II_ Mot 0.LiVTsNT - �'> - 11 1 I, J11p, I 41 1 Ib .3.11S 8 4- v i lla 4e ( atz m C Qa All 'Ql jl If mP I I ' 1r-tycg,pPS. 11 3LlT.: 1 I XdS. 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R t 1� .NSr( 1 , :C[19,•t]S xH:Y:.f2 Y t , t lflw,tw " Itt ! itINt I R� To re p" if w^ r� alb---�zra V�9 Fah WWI I , uu»1s I R� 1 ' " msn • I I J.[GVf.M1' I 1 mYH I 31VP,h't fQQQ�I � I ^e 3I �I Not � rrttt.� I 1 Ib^® 3 mflt Ia "Mm A I mrtw w<wp� 9 I Q , um t Zr[A.6A I i Y 1^ mYil I wlt%+6PP f69L '6d 'Z9I1V 414A I 9380V CC"Bi I •n3Mod •r nova F — N zTFo a o „<o. <4 yW v N �Jivop �S N ?g W P YtVfts4 -I R M,� to & $ �^K]yglt n '3 0 ter'^n _L cm]an ` w4 SC y \ -_.Tgrf_y O / J N U tz 1 a g os 14ti 4^P'h,` a4 3 L E e¢4 aF_S 2 e`3a aoR ILI ,r�ae�k�ege. ;'3s Y ••t�C n�u IY � U U Sb�' rc kLW i�ag5 o .- 3 `yoox V X� p � �w CITY OF ANNA, TEXAS Item No. 14 City Secretary's use only City COunal Agenda Staff Report Date: Staff Contact: Exhibits: December 2, 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 Slayter Creek Influent Lift Station Project. SUMMARY: This project is necessary in order to ensure the continued operation of the Slayter Creek Wastewater Treatment Plant. One of the two screw pumps at the treatment plant is currently inoperable while the failure of the second pump is imminent. The pumps are a critical component of the plant's operation and therefore must be replaced. In addition, the pumps are not repairable by any reasonable standard. This is due to the level of decay caused by the environment that the pumps are exposed to. The failure of the second screw pump could lead to the plant being rendered inoperable which could subsequently cause an environmental concern and would likely be a threat to public health and safety. Restarting the plant after a pump failure would be an expensive proposition. The proposed solution is to build a new influent lift station of a more conventional style. Staff has been working closely with our engineering consultant and now have identified a project that will solve this issue. We have solicited three proposals for the construction of the project and expect three responses by December 12th. The engineer's opinion of construction cost for the project is $411,000. This project would be paid for out of 2012 Certificates of Obligation funds designated for improvements to the wastewater treatment plant. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution which authorizes the City Manager to execute a contract on an emergency basis for the Slayter Creek Influent Lift Station Project. CITY OF NNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR CONSTRUCTION OF THE SLAYTER CREEK WASTEWATER TREATEMENT PLANT INFLUENT LIFT STATION PROJECT. WHEREAS, one of the two existing screw pumps at the Slayter Creek wastewater treatment plant is inoperable, and the other screw pump is in poor condition and in danger of imminent failure; and, WHEREAS, failure of the second existing screw pump would render the Slayter Creek wastewater treatment plant inoperable; and, WHEREAS, City staff has proposed the construction of a submersible pump lift station to replace the existing screw pumps at the Slayter Creek wastewater treatment plant the "Project"); and, WHEREAS, the City Council of the City of Anna, Texas (the "City Council") finds that prompt construction and timely completion of the submersible pump lift station is necessary to preserve and protect the public health and safety of the residents of the City of Anna, Texas (the "City"); and, WHEREAS, a procurement necessary to preserve or protect the public health or safety of the municipality's residents is generally exempt from the competitive bidding rules outlined in Chapter 252 of the Texas Local Government Code; and, WHEREAS, the City has solicited proposals for the emergency procurement and 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 a contract with for construction of the Slayter Creek Wastewater Influent Lift Station 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 Contract. 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 16tn Jay of December 2014. ATTEST: Natha Wilkison, City Secretary APPROVED: Mayor, Mike CI %0> CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 2 CONTRACT AGREEMENT THIS WWTP Headworks Lift Station Rehabilitation (hereinafter this "Contract Agreement") entered into this by and between the CITY OF ANNA, TEXAS, a Texas ("Contractor"), located at _ WITNESSETH: Emergency Procurement Contract day of 20 municipal corporation, ("City") and WHEREAS, the City wishes to contract for the project identified as WWTP Headworks Lift Station Rehabilitation - Emergency Procurement (the "Project"); and WHEREAS, the Project shall include all work and activities necessary to complete the following scope of work (hereinafter referenced as "Work"): Slayter Creek Wastewater Treatment Plant Headworks Rehabilitation 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 sit forth above and the following documents: Notice to Contractors; Prevailing Wage Rates for Municipal Construction in Anna, Texas; Vendors Compliance to State Law; Conflicts of Interest Questionnaire; Affidavit Against Prohibited Acts; Proposal Form; Request for Certificate of Exemption from Texas Limited Sales, Excise and Use Tax; Contract Agreement; Performance Bond; Payment Bond; Maintenance Bond; Certificate of Insurance; j:\clerical\anna\2014-132 slayter ck vnvtp headworks\specs\tech-spec\11-agreement.doc CA-1 Contract Agreement Notice to Proceed; Any executed Change Orders; Supplementary General Provisions and Technical Specifications; and, Plans, Specifications and Drawings and all other documents made available to Contractor for his inspection in accordance with Proposal,' 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 Cl"d 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 Performance Bond, 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. 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; 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. j:\clerical\anna\2014-132 slayler ck wwtp headworks\specs\tech-spec\71-agreement.doc CA-2 Contract Agreement 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 govern; or, (2) in 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: 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 certificate(s) 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 j:\clerical\anna\2014-132 slayter ck wwlp headworks\specs\tech-spec\11-agreement.doc CA-3 Contract Agreement 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 Completion (as defined herein below) of the Project not more than Sixty (60) calendar days following the issuance of the Notice to Proceed, (sometimes hereinafter referred to as the "Contract Time"). This Contract Time includes Ten (10) 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 The Contractor shall pay the City the sum of $500 per day for each and every calendar day of unexcused delay in achieving Substantial Completion beyond the date set forth herein for Substantial Completion. Any sums due and payable hereunder by the Contractor shall be payable, not as a penalty, but as liquidated damages representing an estimate of delay damages likely to be sustained by the City, estimated at the time of executing the Contract. When the City reasonably believes that Substantial Completion will be inexcusably delayed, the City shall be entitled, but not required, to withhold from any amounts otherwise due the Contractor an amount then believed by the City to be adequate to recover liquidated damages applicable to such delays. If and when the Contractor overcomes the delay in achieving Substantial Completion, or any part thereof, for which the City has withheld payment, the City shall promptly release to the Contractor those funds withheld over and above what ultimately came due as liquidated damages; 5.03 The term "Substantial Completion", as used herein, shall mean the point at which, as certified in writing by the City's consulting architect/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. jAderical\anna\2014-132 slayter ck wwtp headworks\specs\tech-spec\11-agreement.doc CA4 Contract Agreement 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 or subsequently agreed upon, they shall form the basis for cost calculations under any claims for delay. (2) Any claim for extension of time shall be made in writing to the City, not more than 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 j:\clerical\anna\2014-132 slayter ck wwtp headworks\specs\tech-spec\i 1-agreement.doc CA-5 Contract Agreement 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 shall pay, and the Contractor shall accept, as full and complete payment for the Contractor's timely performance of its obligations hereunder the fixed price of $ 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 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. j:\clerical\anna\2014-132 slayter ck wwlp headworks\specs\tech-spec\11-agreement.doc CA-6 Contract Agreement (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; j:\clerical\anna\2014-132 slayter ck �wrtp headworks\specs\tech-spec\11-agreement.doc CA-7 Contract Agreement (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 wrng. Thereupon, the City will perform a final site review of the Project. If the City concurs that the Project is complete in full accordance with the Contract and that the Contractor has performed all of its obligations to the City hereunder, the Contractor will furnish a final Approval for Payment to the City certifying to the City that the Project is complete and the Contractor is entitled to the remainder of the unpaid Contract Price, less any amount withheld pursuant to the Contract. If the City is unable to issue its final Approval for Payment and is required to repeat its final review of the Project, the Contractor shall bear the cost of such repeat review(s), which costs may be deducted by the City from the Contractor's final payment; 6.08 The City shall, subject to its rights set forth in Section 6.06 above and elsewhere in the Contract, endeavor to make final payment of all sums due the Contractor within 30 calendar days of the final Approval for Payment, with the exception of items in dispute or concerning which the City has exercised any of its rights to investigate or remove. 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. JAcledcahanna\2014-132 slayter ck wwtp headworks\specs\tech-spec\11-agreement.doc CA-8 Contract Agreement 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. j:\clerical\anna12014-132 slayter ck wwtp headworks\specs\tech-spec\11-agreement.doc CA-9 Contract Agreement 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 \clerical\anna\2014-132slayter ckwwtpheadworks\specs\tech-spec\11-agreemenl.doc CA-10 Contract Agreement 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 \clericallanna\2014-132 slayter ck wwtp headworks\specs\tech-spec\11-agreement.doc CA-11 Contract Agreement 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 arising from the negligence of the City, the Contractor hereby expressly agrees to indemnify and hold the City harmless against any and all expenses and liabilities arising out of the performance or default of the Contract as follows. 10.01 Contractor shall indemnify, and hold harmless, to the maximum extent permitted by law City and its officers, agents, employees, and consultants from and against any and all liability, damages, losses, (whether in contract or in tort, including personal injury, accidental death or property damage, and regardless, of whether the allegations are false, fraudulent or groundless), and costs (including reasonable attorney's fees, 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. j:\cledcahanna\2014-132 slayter ck %Mp headworks\specs\tech-spec\11-agreement.doc CA42 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 j:\clerical\anna\2014-132 slayter ck w�vtp headworks\specs\tech-spec\11-agreement.doc CA-13 Contract Agreement 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 not -to -exceed preliminary price, against which the Contractor may begin billing (subject to the requirements for pay applications elsewhere herein) as the work is performed. \clerical\anna\2014-132 slayter ck wwlp headworks\specs\tech-spec\11-agreement.doc CA-14 Contract Agreement (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. j:\clerical\anna\2014-132 slayter ck wwlp headworks\specs\tech-spec\11-agreemenl.doc CA-15 Contract Agreement 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 = 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. 2 Owned Eauipment 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, j:\clerical\anna\2014-132 slayter ckwwtp headworks\specs\tech-spec\11-agreement.doc CA-16 Contract Agreement 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; j:\clerical\anna\2014-132 slayter ck wwtp headworks\specs\tech-spec\11-agreement.doc CA-17 Contract Agreement (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 Cl"d reasonable allowance for direct job site overhead and earned j:\clerical\anna\2014-132slayterckwwtpheadworks\specs\tech-spec\11-agreement.doc CA48 Contract Agreement 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 1101. 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. jAdedcal\anna\2014-132 slayter ck wwtp headworks\specs\tech-spec\11-agreement.doc CA49 Contract Agreement 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 certificate(s) of insurance and endorsement(s) 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. jAdedral\anna\2014-132 slayter ck wwlp headworks\specs\tech-spec\11-agreement.doc CA-20 Contract Agreement 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 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 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. jAdedcahanna\2014-132 slayler ck wwtp headworks\specs\tech-spec\11-agreement.doc CA-21 Contract Agreement Section 19. PROJECT RECORDS All documents relating in any manner whatsoever to the Project, or any designated portion thereof, which are in the possession of the Contractor, or any subcontractor of the Contractor, shall be made available to the City and/or its consultants for inspection and copying upon written request by the City. Furthermore, said documents shall be made available, upon request by the City, to any state, federal or other regulatory authority and any such authority may review, inspect and copy such records. Said records include, but are not limited to, all drawings, plans, specifications, submittals, correspondence, minutes, memoranda, tape recordings, videos, or other writings or things which document the Project, its design, and its construction. Said records expressly include those documents reflecting the cost of construction to the Contractor. The Contractor shall maintain and protect these documents for not less than three years after completion of the Project, or for any longer period of time as may be required by law or good construction practice. The Contractor further agrees to include these provisions in any subcontracts issued by him in connection with this 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. j:\clerical\anna\2014-132 slayter ck �wrtp headworks\specs\tech-spec\11-agreement.doc CA-22 Contract Agreement 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, j:\clerical\anna\2014-132 slayter ck wwlp headworks\specs\tech-spec\11-agreement.doc CA-23 Contract Agreement 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) (Contractor) BY: ATTEST: SECRETARY (SEAL) (name and title of authorized representative) j:\clerical\anna\2014-132 slayter ck wwtp headworks\specs\tech-spec\11-agreement.doc CA-24 Contract Agreement l iif li i iw�l I?5 I_�1 A4: .44 � M z R v�� mao B a a a Uadam [O„U� �aF p CITY OF ANNA, TEXAS Item No. 15 City Secretary's use only City COunal Agenda Staff Report Date: December 16, 2014 Staff Contact: Maurice Schwanke Exhibits: Resolution AGENDA SUBJECT: Consider/Discuss/Action regarding appointments to the Planning and Zoning Commission. SUMMARY: The people serving in Place 2 and Place 3 on the Planning and Zoning Commission have resigned. Applications of persons willing to serve on the Commission are included in your packet. The Planning and Zoning Commission is responsible for reviewing all new commercial and residential developments that locate within the City. They review and make recommendations to the City Council on subdivision plats, site plans, zoning ordinance amendments and comprehensive plan amendments. Membership consists of seven volunteers who serve for two-year staggered terms. Meetings normally occur on the first Monday of each month at 7:00 p.m. STAFF RECOMMENDATION: CIi"(OI' hF7PlA. lE%AS CITY OF ANNA APPLICATION FOR CITY COUNCIL -APPOINTED BOARDS AND COMMISSIONS Note: /-ippliMfons tvlll beheld for one (i) year. Board/Commission Preference: p DC —Economic Development Corporation ❑'P&Z —Planning and Zoning Commission ❑ Board of Adjustments r CCDC —Community Development Corporation ❑ Parks Advisory Board Home Fax: C t t� Anna resident for Home E-mail: �s�� y �G �}.� � (� �.��1�, T Profession/occupation: Business Address: Business Telephone: Business Fax: Business E-mail: Special knowledge or experience applicable to board/commission func#ion: A years -�,�,�1 / r 69 � Z tA� Use A Z� J C_ a 4 17 Other information (e.g., civic activities): r�-- Have you ever been convicted of a felony or a crime of moral turpitude? (Note: Generally, a crime of moral turpitude is a crime involving dishonesty). Circle one: Yes/� Criminal background checks will be conducted on applicants. By signing below, you are representing that all of the information stated in this application is true and correct. i a Signature Please return complete d application to: Office of the City Secretary 972-924-3325 PHONE 111 N. Powell Parkway 972-924-2620 FAX PO Box 776 nWlkison@annatexas.gov Anna, TX 75409-0776 DEC 08 2014 Board/Cr�mmiesion Preference: ®�EDC --Economic Development Corporation %1,P&Z Planning and Zoning Commission W4L re ❑ Board of Adjustments�v // Name: �C v1 irl f�oi�: T pfalicattons e°rfl! be h€ lc1 for one (1 j year. CDC —Community Development Corporation CI Parks Advisory Board Home Telephone.,)-lS ;1.� 3 Home Fax; C®vV` Profession/occupation: Business Name; �eArf /a KJ Pk eo � � �/2�; /cseki�5 Business Address: _ !� S(nD �/U/ . (/A. //ag /-�' f Business Telephone: 17:2IS �-AU©a ,) Business Fax: Business Err1ak ,P � 4 n . /Yi f c(A _ M- lle rl 4�2 @ Special knowledge or experience applicable to board/commission function: Other information (e.g,, civic activities): Have you ever been convicted of a felony or a crime of moral turpitude? (Note: Generally, a crime of moral turpitude is a crime involving dishonesty). Circle one; Yes/fVo� Grirnintal grc4/nd (:f)i,Gata will bra contiucterJ on appiicrtnts, By signing Ejelow, you are representing that all of the inforn'iaUGn :�tai.:cf frt this; nppliratior� is true a!'trt c<)rteG[. Please return completed application to; Office of the Clty 5eoretary 972-924-3325 PHONE 11 i N. Powell Parkway 972.•924-2620 FAX PO Box 776 nwilkison@annatexas.gov Anna, TX 75409-0776 CITY OF ANNA, TEXAS APPLICATION FOR CITY COUNCIL-ARPOIN I CU BOARDS AND COMMISSIONS hofe: Applications built he held for one (9) year. Board/Commission Preference: � EDC -Economic Development Corporation (] P&Z -Planning and Zoning Commission ❑ Board of Adjustments Name: Brent Bordelon Home Address: 309 Meadow Ridge DR, ❑ CDC -Community Development Corporation ❑ Parks Advisory Board Home Telephone: 31$-240-3554 Home Fax: 972-924-8828 Home �-►Hall: Brentb318@yahoo.com Anna resident for 1 1/2 Profession/occupation: Business Name: Disabiled Veteran Business Address: Business Telephone: Business Fax: Business Email: years Special knowledge or experience applicable to board/commission function: Took the citizen acdemy class, before being disable i was a manager. I team fast pay attetion to detail and get along with people In the miltary I was the one people went to to get things done or fix problems I like to help the city of Anna in any way I canillll Rthey irtformafon le p civic activities: ene yet but loo�mglnftf groups now since am now settle in Anna. Have you ever been convicted of a felony or a crime of moral turpitude? (Note: Generally, a crime of moral turpitude is a crime involving dishonesty). Circle one: Yes! "�o Criminal background checks will be conducted on applicants, By signing below, you are representing that all of the information stated in this application is true and correct. Signature Please return completed application to: Office of the City Secretary 972-924-3325 PHONE 111 N. Powell Parkway 972-924-2620 FAX PO Box 776 nwilkison@annatexas.gov 12/2/2014 Date �IEC p 2. oglh Anna, TX 75409-0776 APPLICATION FOR CIT'/Of ANNA, TEXAS CITY COUNCIL -APPOINTED BOARDS AND COMMISSIONS Nofe: Applicaf/ons wi71 beheld for one (9) year. Board/Commission Preference: j��EDC —Economic Development Corporation C7 CDC —Community Development Corporation �P&Z —Planning and Zoning Commission [� Parks Advisory Board Name: Home Address: �U i{-� �U 1.1 U l_c�.,, Ir�Q t � _ � Y-H1�A. 1� (J� Home Telephone:�^�'�T'_a_ Home Fax: _ fu �}� Home E-mai1:�4.�tr1f1S%t.�2e@ �-�-. +.._�$ Anna resident for Profession/occupation: Business Name; Business Addres Business Telephone: `'c`7��e�sa•3�to� Business Fax: Business E-mail: Special knowledge or experience applicable to board/commission function: f`t.t x.e ix�. Other information (e.g., civic activities): years Have you ever been convicted of a felony or a crime of moral tur�Jtu�te? (Note: Generally, a crime of moral turpitude is a crime involving dishonesty). Circle one: Ye /No Criminal background checks will be conducted on applicants, By signing below, you are representing that all of the infiormation stated in this application is true and correct. Date Office of the Cify Secretary 111 N. Powell Parkway PO Box 776 Anna, TX 75409-0776 972-9243325 972-924-2620 F'AX nwilkison@annatexas.gov Jenniffer S. Smith 304 Olivia Lane, Anna, Texas 15409 (682)-554-2868' jennsharee@att.net Objectirve Become an essential part of a management team by contributing assets, experience, and education to assist an organization in achieving continued success. Edu�catio�u ■ CPA Candidate (Expected date of completion 12/2015) University of Phoenix ■ Masters degree in Business Administration International Business Track University of Texas at Dallas —Dallas, TX ■ Bachelors of Science degree in Accounting and Information Management Experience ALG Growth Partners, Inc. — Senior Accounting Manager/Assistant Controller 612011— Present ■ Month end close, complete and review revenue, prepare general ledger reconciliations and create journal entries ■ Prepare all client billing and analyze variances from month to month ■ Field client questions regarding billing and new program implementation ■ Maintain all purchase orders and work with clients to ensure proper documentation is processed as needed ■ Follow up on outstanding AR from clients ■ Assist with yearend audit preparation and review of schedules ■ Review and post all company deposits ■ Prepare all annual forecasting and accruals for clients ■ Reconciliation and analysis of various balance sheet, income statement, and pass through expense accounts ■ Manage relationships with vendors ■ Implement accounting procedures for new client programs ■ Create and manage personnel reviews for 70+ employees semi annually ■ Analyze employee reviews and prepare recommendations for annual raises and bonuses ■ Monitor and update employee handbooks for 3 companies ■ Respond to annual workers compensation audits and tax related correspondence ■ Prepare bi-weekly payroll for permanent employees, and weekly reporting for temp employees ■ Review any variances to payroll, exceptions to time and attendance, and process all payroll related requests ■ Review and monitor HR Generalist and AP Coordinator day to day processes ■ Management and maintenance of SuccessFactors applicant tracking system ■ Analysis and review of compensation for all positions ■ Supervise all aspects of recruiting ■ Prepare and place external ads for staffing through various job boards and staffmg firms ■ Perform full range HR operations ■ Supervise oversight of the hiring process and all onboarding needs ■ Answering questions for both supervisors and employees related to HR policies and procedures ■ Provide guidance on employee relation topics and conduct investigations as needed ■ Manage leave of absences, FMLA and disability, including managing request forms, and communicating with all necessary parties internal and external ■ Administration of benefits, health and 401(k), reviewing and analyzing options at open enrollment, distribute collect and review benefit paperwork . ■ Transmit benefit selection paperwork to provider and act as liaison between benefits providers, broker and employees ■ Respond to all benefit related surveys, census requests, and correspondence from providers and brokers ■ handle all administration of COBRA and state continuation ■ Follow up on all issues related to withholding and enrollment for all employee benefits ■ Prepare and enforce disciplinary forms, action plans, separation documents & severance agreements ■ Respond to all unemployment claims 1 7enniffer S. Smith. Parago, Inc — Senior Accorntant 8/2008 — 6/201I ■ Month end close, prepare general ledger reconciliations and create journal entries ■ Review and post general entries prepared by Staff Accountant Review and monitor Staff Accountant and AP Coordinator month end close process to ensure timely closing ■ Monthly cash reconciliations of US and Canadian Operating Accounts (apprx 15 accounts) ■ Monthly estimating and analysis of various accruals, including multiple companies, multiple currencies, and outsource costing ■ Daily reconciliation of 3Td party credit card payments to bank and general ledger • Monthly review of Balance Sheet and Income Statement account analysis ■ Monthly preparation of Income Statement variance analysis • Monthly capitalization of IT hours and estimation of contractor accruals ■ Monthly expired check liability analysis ■ Monthly maintenance of intangible assets schedules ■ Monthly amortization of Debt Financing ■ Oversight and analysis of monthly Bank fees ■ Month end close responsibilities as it relates to treasury ■ Monthly unclaimed check process research of items received from the bank ■ Review and posting of bi-weekly payroll and benefit entry ■ Oversight of daily cash management, review daily cash schedules and monitor bank balances prepared by Staff Accountant ■ Daily reconciliation of bank accounts ■ Weekly review and approval of AP, process weekly check runs ■ Review and approve daily fulfillment and AP related ACH and Wire transfers ■ Daily communication with various bank personnel to research and resolve any issues surrounding checks for internal departments, clients, consumers and vendors ■ Obtain supporting documentation for client and consumer check research requests, track and monitor requests to ensure completeness, act as liaison between internal departments, clients, consumers and bank personal ■ Weekly reconciliation of all issue, cleared, paid and stop files, ensuring that all printer files from check run are processed correctly at the bank, and ensuring that all bank files are received processed correctly . ■ Implementation of new bank processes ■ Adhoc reporting as needed by internal departments, clients, and bank contacts ■ Reconcile miscellaneous bank debits and credits as needed ■ Pull Dunn & Bradstreet credit reporting for potential new clients as needed ■ Assist with yearend audit preparation and review of schedules ■ Opening and closing bank accounts ■ Special projects and miscellaneous tasks as assigned by Controller Razor Competitive Edge - Senior AR Analyst 9/2006 - 9/2008 ■ Supervised AR Analyst and Billing Coordinator ■ Acted as the main accounting contact for all Dominos Franchisees and resolved all incoming email internal or external regarding franchisee accounting issues. ■ Processed all Dominos billing daily. ■ Performed bank account reconciliations ■ Assisted in the month end close process ■ Maintained and reconciled advertising budgets for over 60 markets monthly ■ Annual audit preparation ■ Posted all daily cash receipts, and prepared monthly cash receipts reports. ■ Prepared and reviewed with client service team members weekly Alt, daily payment issues and NSF checks. • Coordinated and executed all Dominos franchisee AR collections, includes monthly AR meetings with sales team. ■ Prepared monthly income recognition reports and month end sales reporting to sales team and management. ■ Prepared monthly scorecard regarding, sales, AR, income, ratios regarding Dominos Franchisee Advertising. ■ Processed monthly WIP information for use in month end job closings ■ Processed all credit and un-bill requests by Dominos Franchisees. N J miliffer S. Smith Projudeneies ■ Microsoft Office Programs: Advanced knowledge in Excel, Word, PowerPoint, Outlook ■ Adobe Programs: Photoshop, Image Ready, PageMaker, Acrobat ■ Lotus Notes ■ Sage MAS90 Shills • Can work independently wish little supervision ■ Handle a variety of tasks with ease ■ Self -Disciplined ■ Meets deadlines ■ Great Plains ■ Hyperion ■ Turbo Tax ■ QuickBooks ■ TimeForce & Nova Time ■ Paylocity ■ SuccessFactors ■ Works well with teams ■ Dependable ■ Fast Learner ■ Motivated 3 0 CITY OF ANNA APPLICATION FOR CITY COUNCIL -APPOINTED BOARDS AND COMMISSIONS Board/Commission Preference: Note: Applications will he held for one (1) year. ❑ EDG -Economic Development Corporation ❑i P&Z—Planning and Zoning Commission ❑ Board of Adjustments ❑CDC —Community Development Corporation ❑ Parks Advisory Board Name: Ashley Phillips Home Address: 133 Hilltop Drive, Anna, Tx 75409 Home Telephone: 2145512125 Home Fax; Home E-mail: tamra0216@yahoo.com Anna resident for �Z� Profession/occupation: Business Name; Farmersville Independent School District Business Address: 807 N. Main Street, Farmersville, Tx 75442 Business Telephone: Business Fax: Business E-mail: aphillips@farmersvilleisd.net years Special knowledge or experience applicable to board/commission function: I have always been Interested In government and would enjoy helping my community. Other information (e.g., civic activities): Currently obtaining my Masters at University of Texas at Arlington in Reading -lave y�u e�er bee convicted of a felony or a crime involving moral turpitude? NO Signature 01 0 Date Please return completed application to: Office of the City Secretary 972-924-3325 111 N. Powell Parkway 97M24-2620 FAX PO Box 776 nwilkison@annatexas.gov Anna, TX 75409-0776 AUG 0 � 201� CITY OF ANNA APPLICATION FOR CITY COUNCUAPPOINTED BOARDS AND COMMISSIONS r BoardlCommission Preference: ❑i EDC -Economic Development Corporation ol P&Z -Planning and Zoning Commission E■ Board of Adjustments Name: Ginny Finan Home Address: Applications will de held for one (4) year. � CDC -Community Development Corporation ❑i Parks Advisory Board 513 Creekside Drive, Anna, Texas 75409 Home Telephone: 469-556-1778 Home Fax: None Home E-mail: finangreg@yahoo.com Anna resident for Profession/occupation: Business Name: GCI Commercial Interiors -President Business Address$ 3121 McKinney Street, Melissa, Texas 75454 Business Telephone: 972-540-6331 Business Fax: Business E-mail: greentagteam@yahoo.com Special knowledge or experience applicable to board/commission function: Numerous residential &business experiences stateside &international Other information (e.g., civic activities): See attached sheet Have you ever been convicted of a felony or a crime involving moral turpitude? No 8-3-14 Signature Date Please return completed application to: Office of the City Secretary 111 N. Powell Parkway PO Box 776 Anna, TX 75409-0776 years 972-924-3325 972-924-2620 FAX nwilkison@annatexas.gov Ginny Finan 513 Creekside Drive Anna, Texas 75409 469-556-1778 finangreg@yahoo.com I have lived in Anna since 2006 and have watched the city grow. I would like to have an active roll in future development of a prosperous, well managed city. I am happy to serve the city wherever needed. Accomplishments Present President GCI Commercial Consultant for commercial interior design Hospitality Industry Past Experience Owner, Ginny's Interiors 17 year Small Business Owner 4 time Award Winner Best of McKinney Interior Design Store and Best Designer Italian Chamber of Commerce Selectee for International Small Business Convention in Vicenza and Milan. Practice Management Consultant Computer Management &Control for Orthodontic Offices Worldwide. Director Community Out -Reach Loring ATM Chapel serving severally handicapped children. an'Ilion High School Counseling Staff Member. Assistant to the President Papillion HOA. Director of Athletics, Agana Guam Junior High. USC Extension Director for Graduate &Post Graduate Studies. Staff Director Numerous Orthodontic Offices. 1 Committed Spouse of Career US Air Force Pilot with 19 stateside aA worldwide assignments. Active church member. Proud US Citizen and Texan. 2 OILY RF F':'G\. APPLICATION FOR CITY COUNCIL -APPOINTED BOARDS AND COMMISSIONS Note: Applicailons will be held for one l 1, year, Board/Commission Preference: � EDC—Eaonamic Development Corporation ® P&z —Planning and zoning Commission d Board of Adjustments Name: Shanda R. Q CDC —Community Development Corporation (� Parks Advisory Board Moore Address: 1804 Rodeo Drive Home Telephone: 214'831-3886 Home Pax: 214- 831-3886 Home Email: Shandamize@ymail.Com Anna resident for 1.5 years Profession/occupation: Business Name: Bun A �OV BOUtICjUE 3usiness Address: 1804 Rodeo Drive, Anna, TX 75409 Business Telephone: 214=831"3886 Business Pax: 214-831-3886 Business E-maa: bug_a�boo boutique@yahoo.Gom Special knowledge or experience applicable to board/commission function: Other information te.g., civic I have K�arficipated in Fall the schools and am currently �e PTCi President for Farmersville K 5 for the �U'14-2015 school year (my stepson attends in Farmersville)_ I would love to be a bigger part of our new community. Have you ever been c victed of a felony or a crime involving moral turpitude? No 7/26/2014 Signature pate Please, retum completed application to, office of the City Secretary 972-924-3325 111 N. Powell Parkway 972-924-2620 FAX PO Box 776 nwilkison@annatexas.gov Anna, TX 75409-o775 HUTIVED 'JUL 2 8 2014 Ali CI?Y Of APlNh,?f=%lh& CITY OF ANNA APPLICATION FOR CITY COUNCIL -APPOINTED BOARDS AND COMMISSIONS Note: Applications will be held for one (9) year. Board/Commission Preference: lff EDC —Economic Development Corporation ]Jp % Z —Planning and Zoning Commission C7' Name: ❑ CDC —Community Development Corporation ❑ Parks Advisory Board Home Telephone: � I A- Home E-mail: c�� to, C ?L Y l&r'. corl�kAnna resident for Profession/occupation: d Business Name: �L44 (4 J5 Business Address: FU 2..- years Business Telephone: Business E-mall: CJ 0 PU c0, C-mil Pt 9W � C:x= Special knowledge or experience applicable to board/commission function: Other information (e.g., civic activities): �ff 11 /�/l %.�✓YI R�i1Zy � /VFt•-f� �n i A � Have you ever been convicted of a felony or a crime of moral turpitude? (Note: Generally, a crime of moral turpitude is a crime involving dishonesty). Circle one: Ye Criminal background checks will be conducted on applicants. By signing below, you are representing that all of the information stated in this application is true and correct. Signature Please return completed application to: Office of the City Secretary 972-924-3325 PHONE 111 N. Powell Parkway 972-924-2620 FAX PO Box 776 nwilkison@annatexas.gov Anna, TX 75409-0776 Date I III DEC 0 9 201� CITY OF ANNA, TEXAS Item NO. 16 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: December 16, 2014 City Manager Yes AGENDA SUBJECT: Consider/Discuss/Action regarding a resolution casting a ballot for the election of eight members to the TCAP Board of Directors. SUMMARY: The Texas Coalition for Affordable Power (TCAP) is anon -profit corporation comprised of cities and other political subdivisions. Through the strength of numbers, TCAP can negotiate better electricity -buying deals than would be available to any member acting alone. With more than 160 political subdivision members purchasing approximately 1.4 billion kWh annually, TCAP is the largest organization of its kind in the state. The City of Anna has been a member of TCAP since 2008. Attached is a ballot for the election of eight members to the TCAP Board of Directors for the 2015-2016 term of office. Eleven individuals have volunteered to become candidates for TCAP directors and their brief biographies are included in the attachment. The deadline for completing the complete the ballot is Wednesday, December 31, 2014. STAFF RECOMMENDATION: Staff recommends approval of the attached resolution and submission of the ballot. CITY OF ANNA, TEXAS RESOLUTION NO. k RESOLUTION OF THE CITY OF ANNA, TEXAS CASTING A BALLOT FOR THE ELECTION OF SEVEN MEMBERS TO THE TCAP BOARD OF DIRECTORS WHEREAS, The Texas Coalition for Affordable Power (TCAP) is a non-profit corporation comprised of cities and other political subdivisions; and, WHERAS, through the strength of numbers, TCAP can negotiate better electricity - buying deals than would be available to any member acting alone; and, WHERAS, the City of Anna, Texas is a member of TCAP and is eligible to cast a ballot for the TCAP Board of Directors; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval of Ballot in the TCAP Board of Directors Election The City Council of the City of Anna, Texas casts its ballot to elect the following individuals to the TCAP Board of Directors: 1. 2. 3. 4. 5. 6. 7. 8. PASSED AND APPROVED day of December, 2014. Mike Crist, Mayor by the City Council of the City of Anna, Texas on this 16tn ATTEST: Natha Wilkison, City Secretary 1015/2016 TCAP Board Biographies (alphabetical order) BALLOT - 201512016 TCAP BOARD OF DIRECTORS' Instructions for Voting: Only one ballot per member city/entity. The member representative is entitled to cast eight for the eight positions to be filled. PLEASE BE SURE THAT NO MORE THAN EIGHT CANDIDATES HAVE BEEN CHECKED! Ballots with more than eight cast votes will be rejected. No more than one vote may be cast for the same nominee. Places 1, 3, and 5 will be filled by the three candidates in the high consumption (HQ category receiving the most votes. Places 7 and 9 will be filled by the candidate in the medium consumption (MC) category receiving the most votes. Place 11 will be filled by the candidate in the low consumption (LC) category receiving the most votes. Places 13 and 15 will be filled by the two candidates receiving the most votes but who were not elected to a particular consumption category. The exception to this rule is the requirement in TCAP Bylaws that stipulates the board of directors include at least one member from each of the four ERCOT zones (North, South, West, and Houston). Nominees who are incumbents (I) are noted on the ballot. try», .,.I.,.nl.? .lra m fnr hallnt nrrlar ❑ Gerald Joubert, Forest Hill - LC ❑ Jonathan Phillips, Keller — LC (I) ❑ Mike Goodrum, Sugar Land — HC (I) ❑ Chris Fuller, Colleyville -LC ❑ David Barber, Arlington — HC (I) ❑ Greg Vick, Watauga — LC (I) ❑ Clifford Howard, Lewisville — MC (I) ❑ Gilbert Reyna, Victoria- MC (I) ❑ ❑ Gabriel Gonzalez, Harlingen Teclo Garcia, McAllen — HC — HC (I) (I) ❑ Martin Garza, Mission — MC Please complete and return b�p.m. C.S.T., Wednesday. December 31, 2014 to: Margaret Somereve, TCAP Secretary 15455 Dallas Parkway, Suite 600 Addison, TX 75001 or msomereve@tcaptx.com You may also submit i Yn person by 10:00 a.m. at the January 9, 2015 TCAP Meeting Submitted by (MUST BE COMPLETED): Printed Name Signature Member City/Entity: 1015/2016 TO P Board Bi (alphabetical order) David Barber, City of hies David Barber has been employed as an Assistant City Attorney for the City of Arlington ;; w since 1988. During that time, David's principle areas of responsibility include or have included cable television, electric, gas and telecommunication franchising; municipal election law; monitoring Texas legislative sessions; monitoring telecommunications and cable television issues before the Texas Legislature, Congress and the FCC; local regulation of sexually oriented businesses; local government ethics; land use and development law; municipal redistricting; and municipal court prosecution. David has been an active participant in the Texas Coalition of Cities for Utility Issues (TCCFUI) since 1998 and has served as TCCFUI's Telecommunications Committee Chair since 2008. David was certified as a Local Government Fellow "in recognition of demonstrated excellence in the field of local government law" by the International Municipal Lawyers Association in 2006 and recertified in 2011. David received his B.A. in history from the University of Texas at Arlington and his J.D. from South Texas College of Law. Chris Fuller, City of Chris Fuller has actively represented his employer cities in electric and gas rate cases, including CAPP, for the past eight years. He currently serves as the Executive Director of Development and Infrastructure for the city of Colleyville, where he oversees all areas of development, including community development, economic development, and public works, as well as the city's information services department. Fuller previously served as Deputy City Manager for the city of Keller for six years. In that role he was responsible for oversight and management of the community development, economic development, public works, information services, and human resources departments, as well as the public library and citywide communications. Before joining Keller, he was the Director of Development and Business Strategies for the city of Colleyville. Fuller holds both a master's degree in public administration and a bachelor's degree in science from the University of North Texas. Teclo Garcia, City of McAllen Teclo Garcia started his career at the City of McAllen in 1999 as Director of Media Relations forming the City's first public information office. After leaving in 2001 to be Editor in Chief at the Brownsville Herald followed by Senior Editor at the Arizona Republic, Teclo returned to McAllen in 2008 to the position of Director of Government Affairs for the City of McAllen. Teclo is currently responsible for developing state and federal legislative agendas for the City on issues ranging from transit, water policy, immigration, port of entries, aviation, and development. Prior to 1999, Teclo was with Editor of the Monitor, reporter for the Valley Morning Star and Corpus Christi Caller — Times, and served in the United States Air Force. Teclo received his Bachelors in Mass Communications from Southwest Texas State University. 2015/2010 TCAP Board Biographies (alphabetical order) Martin Garza, City of Mission Martin Garza has been the City Manager of Mission since August 2013. Mr. Garza has a long history with the city, having served the Mission Police Department for 21 years, and was serving as police chief when he was named interim city manager. He began his law enforcement career in Mission in 1991 as a patrolman. He later served as an investigator and was promoted to lieutenant He served three years as assistant police chief before being named chief in April of last year. Mr. Garza holds a bachelor's degree from The University of Texas -Pan American and has an associate's degree from Laredo Junior College. Gabriel Gonzalez, City of Harli Gabriel Gonzalez is a graduate of The University of Texas at Austin with a BA degree in Economics. He has been with the City of Harlingen as Assistant City Manager for 13 years and prior to coming to Harlingen, he served as City Manager for the City of San Benito for 3 years. He was with San Benito for a total of 8 years serving as Community Development Director, Assistant City Manager and eventually City Manager. Prior to that, he worked for the City of Brownsville for 6 years. He served as a STAP Board member before the organization merged into TCAP. Mike Goodrum, City of Sugar Land Mike Goodrum has been with the City of Sugar Land for over 12 years and is currently serving as an Executive Director. Goodrum oversees Accounting, Budget and Research, Facilities Management, Fleet Services, Human Resources, Information Technology, Purchasing and Treasury. He began his career as an intern with the City of Sugar Land in 1999 and progressed to several leadership positions with the City, including Community and Environmental Services Director and Director of Public Works. He earned a bachelor's degree in political science from Texas A&M University. Goodrum is member of the International City/County Management Association, the Texas City Management Association and the American Public Works Association. Clifford Howard, City of Lewisville Clifford Howard is the Fiscal Services Manager for the City of Lewisville and has served the City's Finance Department in multiple capacities in his over 26 years of service. Clifford's area of expertise is utility rate studies, utility collection and billing services, as well as banking and investments. For the past 12 years, Clifford has served on the Dallas Water Utility Cost of Service rate subcommittee. Prior to being elected to the Texas Coalition for Affordable Power Board (TCAP) he served TCAP on their Technology committee. He is an active member of the Government Finance Officers Association, Government Finance Officers Association of Texas, and Government Treasurers' Organization of Texas. Clifford is a graduate of Midwestern State University in Wichita Falls and holds a Bachelor's degree in Accounting. 1015/2016 TCAP Board Biographies (alphabetical order) Honorable Gerald Joubert, City of Forest 11111 Mr. Joubert is currently employed as a Lieutenant in the Security Division of a logistics company based in Fort Worth. A resident of Forest Hill since November 1989, he received the City of Forest Hill Volunteer of the Year in 2000. Mayor Joubert began his career with the City as a City Council member in 2003. He was first elected Mayor in May, 2011, and is currently serving his second term, after running unopposed this past May. He is committed to maintaining an open and transparent city government, bringing quality economic development to the community, improving city infrastructure, and providing superior customer service to the citizens him and the council serve. "As the city continues to grow and change with the times, so will our COMMUNITY DRIVEN spirit, the spirit we as citizens of Forest Hill have carried with us for many, many years." Mayor Joubert's current positions include Member of the TCAP Legislative/Regulatory Committee; Chairman, City of Forest Hill Community Development Corporation (CDC) and a member of CDBG (Community Development Block Grant) Ranking Committee since 2012; Mayors Council Legislative Representative since 2014; Mayors Council Economic Development Committee since 2013; North Texas Council of Governments Nominating Committee since 2013; NBC-LEO since 2007; Texas Association of Black City Council Members (TABCCM) since 2008; City of Forest Hill Memorial Park Planning Committee since 2012; City of Forest Hill Civic & Convention Center Planning Committee since 2012. He is also the Assistant Regional Director, Region 6, NBC-LEO (National Black Caucus of Elected Officials). The Mayor is also active in the community as Deacon of Mount Zion Christ Holy Sanctified Church (member since 1990) and is involved with the Forest Hill Chapparels (youth football league). In the past he has served on the City of Forest Hill Parks and Recreation board, as President of the City of Forest Hill Planning & Zoning Commission, as Baseball commissioner of the Forest Hill Youth Association, an Advisory Board Member of the Everman ISD, Everman ISD Athletic Booster Club, Everman ISD Band Booster Club, Everman Youth Association -Pony League Baseball and as a Coach for Everman PeeWee Football league Mayor Joubert and his wife Sonya have been married for 26 years and have five children. Jonathan Phillips, City of Keller• Jonathan Phillips is the Director of Administration and Strategic Services for the City of �`� Keller. He is responsible for supervising all Administration staff, Maintenance Division and the City's communication efforts. Also included in his duties are special projects, franchise utilities for electric, gas, telephone and cable. He also manages the City's contracts for solid waste and recycling services, and cell towers. In addition to these roles, he serves as the City's liaison to the Public Arts Board. Jonathan's background in municipal government spans eleven years and includes extensive management experience in parks and recreation and facilities. Phillips holds a bachelor's degree from the University of North Texas and a master's degree in business administration from The University of Texas at Arlington. 1015/2016 TCAP Board Biographies (alphabetical order) Gilbert Reyna, City of Victoria Graduating Cum Laude from the University of Houston in Houston with a Bachelor of Accounting Degree, I obtained my Certified Public Accountant certificate in September 1988, 2 years after completing college. In 1986 I began employment with the accounting firm, Harrison, Waldrop & Uherek (HWU), an accounting firm which consists of 15.19 professionals, serving as an Audit Manager, in charge of several large government entities, private and public enterprises. I remained with HWU until January 1995 when I was hired as the Assistant Director of Finance for the City of Victoria. One year later, I was appointed as the City of Victoria Director of Finance; also serving as the treasurer of the Victoria Sales Tax Development Corporation and remaining in both capacities to date. For the period March, 2009 until October, 2009 I acted as interim representative to ERCOT. I was a board member of STAP representing the City of Victoria from March, 2009 until the end of 2010, at which time I was elected to the TCAP board. I have served on the board of TCAP for the terms of January, 2011 through December, 2014, currently serving in the capacity of treasurer. To date, I have been unable to attend only two meetings, both with an excused absence. Greg Vick, City of Watauga Greg Vick was appointed the City Manager for the City of Watauga in May 2013 and joined the TCAP board later that same year. Prior to his current position, Mr. Vick served on the first Board for the original Cities Aggregation Power Project back in 2001. Mr. Vick brings has over 30 years of municipal experience. His public service includes serving in the capacity as City Manager in Gladewater, Cedar Hill, and Elgin. He also served as Assistant City Manager in North Richland Hills, Farmers Branch, and The Colony. His experience is in cities of various sizes including those that are fast growing as well as those undergoing major redevelopment efforts. Mr. Vick earned his Bachelor's Degree in Political Science from Abilene Christian University and his Master's in Public Administration from the University of North Texas.