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HomeMy WebLinkAboutCCpkt2014-12-09 CITY OF ANNA AGENDA NOTICE – CITY COUNCIL WORKSHOP December 9, 2014 6:30 p.m. – Anna City Hall Administration Building The City Council of the City of Anna will meet in Workshop Session at 6:30 p.m., December 9, 2014 at the Anna City Hall Administration Building, located at 111 N. Powell Parkway (Hwy 5), regarding the following items: 1. Call to Order. 2. Roll Call and Establishment of Quorum. 3. Presentation by Jason Adams on A-Town Sports. (Maurice Schwanke) 4. Presentation/Discussion regarding a proposed multi-family project. (City Manager) 5. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov’t Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code §551.071); b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072); acquisition of right-of-way, easements, and land for municipal facilities; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 12-09-14 CC Workshop Meeting Agenda.doc 1 Posted 12-05-14 negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t Code §551.087); proposed residential and retail developments; d. discuss or deliberate personnel matters: City Secretary update; City Manager Annual Review; non-advisory Boards and Commissions. (Tex. Gov’t Code §551.074). The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 6. Consider/Discuss/Action on any items listed on posted agenda for December 9, 2014 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. 7. Adjourn. This is to certify that I, Natha Wilkison, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m., December 5, 2014. Natha Wilkison Natha Wilkison, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 12-09-14 CC Workshop Meeting Agenda.doc 2 Posted 12-05-14 CITY COUNCIL MEETING SIGN IN SHEET DATE: 02 Please sign -in as a record of attendance. All persons desiring to address the council are requested to sign below and fill out an Opinion/Speaker Registration Form. Please hand t Council Meeting. he Opinion/Speaker Registration Form to the City Secretary prior to the start of the City NAME �fl1C �D �M ADDRESS Y{OUR} iiOMETOW N CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP December 9, 2014 6:30 p.m. —Anna City Hall Administration Building The City Council of the City of Anna will meet in Workshop Session at 6:30 p.m., December 9, 2014 at the Anna City Hall Administration Building, located at 111 N. Powell Parkway (Hwy 5), regarding the following items: 1. Call to Order. 2. Roll Call and Establishment of Quorum. 3. Presentation by Jason Adams on A -Town Sports. (Maurice Schwanke) 4. Presentation/Discussion regarding a proposed multi -family project. (City Manager) 5. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions, a. consult with legal counsel regarding pending or contemplated gation 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 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. 12-09-14 CC Workshop Meeting Agenda.doc 1 Posted 12-05-14 negotiations, or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). Tex. Gov't Code . 551.087), proposed residential and retail developments; d. discuss or deliberate personnel matters: City Secretary update; City Manager Annual Review; non -advisory Boards and Commissions. (Tex. Gov't Code §551.074). The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 6. Consider/Discuss/Action on any items listed on posted agenda for December 9, 2014 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. 7. Adjourn. This is to certify that I, Natha Willcison, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5#00 p.m., December 5, 2014. Natha Wilkison, City Secretary 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified wider 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. 12-09-14 CC Workshop Meeting Agenda.doc 2 Posted 12-O5-14 CITY OF AN NA, TEXAS AGENDA SUBJECT: Schwanke) SUMMARY: Item No. 3 WS City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: December 9 , 2014 City Manager Presentation by Jason Adams on A -Town Sports. (Maurice �ii13����L� u] � 1►�il�r, � _ �P►F CITY OF ANNA, TEXAS Item No. 4 WS City Secretary's use only City Council Agenda Staff Report Date: December 9, 2014 Staff Contact: City Manager Exhibits: Yes AGENDA SUBJECT: Presentation/Discussion regarding a proposed multi -family project. SUMMARY: City staff has been approached by the Bonner Carrington group about the possibility of constructing a multifamily development on property located north and west of the Oak Hollow subdivision. The company intends to submit an application for federal tax credits which will be used to fund the construction of the project. Approximately 70% of the community apartment homes will be available for residents paying affordable rate rents, with rents limited at affordable rates and with maximum income qualification standards. In order to submit a competitive application, the group will be requesting a resolution of support and a financial contribution from the City for this project. Representatives from Bonner Carrington will present to the Council information about their proposed project, and explain the type of support and contribution they would need for a successful application. Y{pUA}HOMETOWN CITY OF ANNA AGENDA NOTICE —CITY COUNCIL REGULAR MEETING December 9, 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 9, 2014, at the Anna City Hall Administration Building, located at I I I North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Council Meeting. Please sign the Sign -In -Sheet as a 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 Courncil 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 ulas attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. I. The Council may vote andlor 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. 12-0944 CC Regular Meeting Agenda.doc 1 Posted 12-05-14 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by ImP. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve October 28, 2014 Regular City Council Minutes. b. Approve November 13, 2014 Regular City Council Minutes. c. Approve resolution authorizing approval of an Interlocal Agreement with the City of Melissa to purchase a portion of Anna's minimum take -or -pay obligation under the GTUA/City of Anna potable water contract. (Clayton Fulton) d. Approve a resolution regarding a Special Event Permit for the annual Christmas Parade. (Maurice Schwanke) e. Approve resolution regarding West Crossing Phase 5 Final Plat. (Maurice Schwanke) 6. Public Hearing: For City Council to hear public comment regarding the proposed rezoning of The Villages of Hurricane Creek from "PD" — single family residential to "PD"— single family residential. (Maurice Schwanke) 7. Public Hearing: For City Council to hear public comment regarding the creation of a Public Improvement District for The Villages of Hurricane Creels. (City Manager) 8. Public Hearing (lst): 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) 9. Public Hearing (Ist): 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) 10. Consider/Discuss/Action regarding a resolution initiating procedures, and setting the dates and times for public hearings to be held in connection with the proposed annexation of approximately 64.1 acres of land located in the Guinn Morrison survey, Abstract number 559 and the Hiram Brinlee Survey, Abstract number 30. The property is located north of Foster Crossing Blvd. and is traversed by County Road 419. The annexation consists of 4 parcels of land. (Maurice Schwanke) 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legallyjustified 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. 12-09-14 CC Regular Meeting Agenda.doc 2 Posted 12-0544 11. Public Hearing (ISt): For City Council to hear public comment regarding the need to continue in effect current curfew for minors Ordinance No. 208-2005. (Chief Jenks) 12. Consider/Discuss/Action regarding a resolution authorizing Lite Anna Economic Development Corporation to enter into a consulting Agreement with David D. Funderburgh Real Estate Investments, Inc. (Jessica Perkins) 13. Consider/Discuss/Action regarding a resolution approving an appointment to serve a two-year term on the Greater Texoma Utility Authority Board of Directors. (City Council) 14. Consider/Discuss/Action regarding a resolution selecting an engineering firm to provide engineering services for the sewer improvements associated with the 2014 Texas Community Development Block Grant Program Project. (Joseph Johnson) 15. Consider/Discuss/Action regarding a resolution selecting an administration consulting firm to provide consulting services for the sewer improvements associated with the 2014 Texas Community Development Block Grant Program Project. (Joseph Johnson) 16. Consider/Discuss/Action regarding a resolution approving an engineering task order for the Throckmorton Sanitary Sewer Interceptor Project. (Joseph Johnson) 17. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, Lite City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code, 551.071); b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right -of --way; easements; and land for municipal facilities; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development 1. The Council may vote and/or act upon each of the items listed in this agenda. 2. The Council reserves the right to retire into executive session concerning any of the items listed on this agenda, whenever it is considered necessary and legally justified under the Open Meeting Act. 3. Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary at 972 924- 3325 two working days prior to the meeting so that appropriate arrangements can be made. 12-09-14 CC Regular Meeting Agenda.doc 3 Posted 12-O544 negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). Tex. Gov't Code . 551.087); proposed residential and retail developments; d. discuss or deliberate personnel matters: City Secretary Update; City Manager Annual Review; non -advisory Boards and Commissions. (Tex. Gov't Code . 551.074). The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 18. Consider/Discuss/Action on any items listed on posted agenda for December 9, 2014 Workshop Session or any closed session occurring during this Regular Meeting, as necessary. 19. Adjourn. This is to certify that I, Natha Willcison, City Secretary, posted this agenda at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. December 5, 2014. Natha Wilkison, City Secretary 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. 12-09-14 CC Regular Meeting Agenda.doc 4 Posted 12-O544 CITY OF ANNA, TEXAS AGENDA SUBJECT: Call to order. SUMMARY: STAFF RECOMMENDATION: Item No. I City Secretary's use only City COundi Agenda Staff Report Date: Staff Contact: Exhibits: December 9 , 2014 City Manager CITY OF ANNA, TEXAS Item No. 2 City Secretary's use only City Council Agenda Staff Report Date: December 9, 2014 Staff Contact: City Manager Exhibits: AGENDA SUBJECT: Invocation and Pledge of Allegiance. SUMMARY: STAFF RECOMMENDATION: CITY OF ANNA,TEXAS Item No. 3 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: December 9, 2014 City Manager AGENDA SUBJECT: Citizen comments. Citizens are allowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought up during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. � u�P li�il_1�•� STAFF RECOMMENDATION: CITY OF AN NA, TEXAS Item No. 4 City Secretary's use only City COuncil Agenda Staff Report Date: December 9, 2014 Staff Contact: City Manager Exhibits. AGENDA SUBJECT: Receive reports from Staff or the City Council about items of community interest. Items of community interest include expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. SUMMARY: STAFF RECOMMENDATION: CITY OF ANNA, TEXAS Item No. 5 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: December 9, 2014 City Manager AGENDA SUBJECT: Consent Items. These items consists of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council Member making such request prior to motion and vote on the Consent Items. SUMMARY: a. Approve October 28, 2014 Regular City Council Minutes. b. Approve November 13, 2014 Regular City Council Minutes. c. Approve Resolution regarding Interlocal Agreement with the City of Melissa to purchase a portion of Anna's minimum take -or -pay obligation under the GTUA/City of Anna potable water contract. (Clayton Fulton) d. Approve a Resolution regarding a Special Event Permit for the annual Christmas Parade. (Maurice Schwanke) e. Approve Resolution regarding West Crossing Phase 5 Final Plat. (Maurice Schwanke) STAFF RECOMMENDATION: Staff recommends approval of the consent items. MINUTES OF CITY OF ANNA AGENDA NOTICE - CITY COUNCIL WORKSHOP October 289 2014 6:30 p.m. —Anna City Hall Administration Building The City Council of the City of Anna met in Workshop Session at 6:30 p.m., October 28, 2014 at the Anna City Hall Administration Building, located at I I I N. Powell Parkway (Hwy 5), regarding the following items: 1. Call to Order. Mayor Mike Crist called the meeting to order at 6:30 pm. 2. Roll Call and Establishment of Quorum. Mayor Mike Crist and Council Members James T. Cook, Lauren Lovato, John Beazley and Dick Dowd were present. Council Members Chad Barnes and Nathan Bryan were absent. 3. Briefing/Discussion regarding Hackberry elevated tower and water line project. (City Manager) Philip Sanders, City Manager presented the item to council and answered questions. Gary Hendricks City's consulting engineer was present and explained the project. Mr. Hendricks answered questions from council members. Mr. Rollins was present and spoke on this item. 4. Briefing/Discussion regarding November and December City Council meeting dates. (City Manager) Philip Sanders, City Manager presented the item to council. November and December meeting dates were discussed. City Council will meet Thursday, November 13, 2014 and Tuesday, December 9, 2014 and Tuesday, December 16, 2014. Council Member Beazley made the motion to enter closed session at 7:07 pm. Council Member Lovato seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 5. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss auy items listed or referenced on this agenda under the following exceptions.0 a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of 10-28-14 CC Workshop Meeting Minutes.doc 1 10-28-14 Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code 55� 1.071); 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 I; proposed residential and retail developments; d. discuss or deliberate personnel matters: City Secretary Annual Review and update; City Manager Annual Review; Boards and Commissions. (Tex. Gov't Code, 551.074). The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. Council Member Cook made the motion to return to open session at 7:29 pm. Council Member Lovato seconded the motion. Motion passes. AYE 5 NAY 0 6. Consider/Discuss/Action on any items listed on posted agenda for October 28 2014 City of Anna City Council Regular Meeting oj• any Closed Session occurring during this Workshop, as necessary. Council Member Dowd made the motion to take no action. Mayor Crist seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 7. Adjourn. Mayor Crist made the motion to adjourn at 7:30 pm. Council Member Beazley seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 10-28-14 CC Workshop Meeting Minutes.doc 2 10-28-14 Natha Wilkison, City Secretary APPROVED: Mike Crist, Mayor 10-28-14 CC Workshop Meeting Minutes.doc 3 10-28-14 MINUTES OF CITY OF ANNA AGENDA NOTICE — CITY COUNCIL REGULAR MEETING October 28, 2014 7:30 p.m. —Anna City Hall Administration Building The City Council of the City of Anna met in Regular Session at 7:30 p.m., October 28, 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 crttendance. If you wish to speak on an open -session agenda item please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order. Mayor Mike Crist called the meeting to order at 7:30 pm. 2. Invocation and Pledge of Allegiance. Mayor Crist gave the invocation. 3. Citizen comments. Citizens are allowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought 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. No Citizen comments. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment), a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality, and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Philip Sanders, City Manager mentioned Election Day, November 4, 2014 and that Early Voting was going on this week. Mayor Crist mentioned Halloween on Friday and Chief Jenks made a couple of suggestions concerning safety. i 10-28-14 CC Regular Meeting Minutes.doc I 10-28-14 5. Consent Items. These items consist of non -controversial or "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve City Council Regular minutes of September 23, 2014 b. Approve City Council Special minutes of September 30, 2014. c. Approve City Council Regular minutes of October 14, 2014. d. Review minutes of the Anna Economic Development Corporation from August 7, 2014 and September 4, 2014. (Jessica Perkins) e. Review minutes of the Anna Community Development Corporation from August 7, 2014 and September 4, 2014. (Jessica Perkins) f. Approve a Resolution approving a Rail Road Crossing License Agreement for CR 422. (City Manager) g. Approve a Resolution regarding Final Plat of Anna Crossing Phase IA. (Maurice Schwanke) h. Approve a Resolution regarding Final Plat of Anna Crossing Phase IA and 1B Right-of-way Dedication. (Maurice Schwanke) i. Approve a Resolution regarding Animal Control Services Agreement with Collin County. (Chief Jenks) j. Approve a Resolution regarding Animal Shelter Services Agreement with Collin County. (Chief Jenks) k. Approve a Resolution regarding Oncor Street Light Settlement Agreement. (City Manager) 1. Approve a Resolution regarding West Crossing Phase 5 Preliminary Plat. (Maurice Schwanke) m. Approve a Resolution regarding Avery Pointe preliminary plat. (Maurice Schwanke) n. Review P & Z Minutes for August 8, 2014 and September 8.2014. (Maurice Schwanke) Mayor Crist asked to remove items k, 1, and m at this time. Mayor Crist made the motion to approve item 5 a thru j and item n. Council Member Beazley seconded the item. Motion passes. AYE 5 NAY 0 ABSTAIN 0 Item 5 (k) —City Manager, Philip Sanders requested that council not take action at this time. Council Member Beazley made the motion to take no action on item 5 (k). Council Member Lovato seconded the motion. Motion passes. Aye 5 NAY 0 ABSTAIN 0 Mayor Crist recused himself from discussion of item 5 (1). Maurice Schwanlce, Director of Planning and Development presented the item to council. Deputy Mayor Pro-Tem Cook made the motion to approve. Council Member Beazley seconded the motion. Motion passes I 10-28-14 CC Regular Meeting Minutes.doc 2 10-28-14 AYE 4 NAY 0 ABSTAIN 0 Council Member Cook and Council Member Dowd recused themselves from the discussion of item 5 (m). Maurice Schwanke, Director of Planning and Development presented the item to council. Mayor Crist made the motion to approve. Council Member Lovato seconded the motion. Motion passes 2 to 1. AYE 2 NAY 1 (CM Beazley) ABSTAIN 0 6. Consider/Discuss/Action regarding adoption of an ordinance authorizing the issuance and sale of City of Anna, Texas combination tax and revenue refunding bond, taxable Series 2014A. Providing for the payment of said bond, and enacting other provisions relating to the subject.. (Clayton Fulton) Clayton Fulton, Director of Finance presented the item to council. Mr. Fulton introduced Andre Ayala with First Southwest explained the item to council and answered questions. Council Member Beazley recused himself from discussion of this item. Council Member Lovato made the motion to approve. Council Member Cook seconded the motion. Motion passes. AYE 4 NAY 0 ABSTAIN 0 7. Consider/Discuss/Action regarding adoption of an ordinance authorizing the issuance and sale of City of Anna, Texas general obligation refunding bond, Series 201413, levying an annual ad valorem tax for the payment of said bond, and enacting other provisions relating to the subject. (Clayton Fulton) Clayton Fulton, Director of Finance presented the item to council and answered questions. Council Member Beazley recused himself from discussion of this item. Council Member Dowd made the motion to approve. Council Member Lovato seconded the motion. Motion passes. AYE 4 NAY 0 ABSTAIN 0 8. Public Hearing: For City Council to hear public comment regarding the proposed rezoning of Villages of Hurricane Creels from "PD" —single family residential to "PD"— single family residential. (Maurice Schwanlce) Maurice Schwanlce, Director of Planning and Development presented the item to council. Mayor Crist opened the public hearing at 7:52 pm. There were no comments. Mayor Crist made the motion to hold open and continue to November 13, 2014 at 7:30 pm. Council Member Dowd seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 1 10-28-14 CC Regular Meeting Minutes.doc 3 10-28-14 9. Public Hearing: For City Council to hear public comment regarding the creation of a Public Improvement District for the Villages of Hurricane Creek. (City Manager) Philip Sanders, City Manager presented the item to council. Mayor Crist opened the public hearing at 7:54 pm. There were no public comments. Mayor Crist made the motion to hold open the public hearing and continue on November 13, 2014.Council Member Dowd seconded the motion. Motion passes. AYE 5 NAY 0 10. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by QJR Partnership LTD. (City Manager) Philip Sanders, Philip Sanders presented the item to council and answered questions. J. D. Rollins spoke regarding the item. Council Member Cook made the motion: "I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 1.92 acres of land, more or less, in the F.T. Daffau Survey, Abstract No. 0288, City of Anna, Collin County, Texas, said tract described in a deed to QJR Partnership LTD, recorded in Instrument Number 20020214000237330 and Volume 5106, Page 2380 of the Deed Records of Collin County, Texas (D.R.C.C.T.), said 1.92 acres of land being more particularly described by the metes and bounds description set forth in Exhibit "A" to this resolution, which I incorporate in full into my motion, for a water easement." Mayor Crist seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 11. Consider/Discuss/Action regarding approval of a Development Agreement with Troy and Floella Queen. (City Manager) Philip Sanders, City Manager presented the item to council and answered questions. Mayor Crist made the motion to approve. Council Member Cook seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 12. Consider/Discuss/Action regarding approving a Resolution approving CDBG Sewer Grant Agreement. (City Manager) Philip Sanders, City Manager presented the item to council and answered questions. Council Member Dowd made the motion to approve. Council Member Beazley seconded the motion. Motion passes. AYE 5 NAY '0 ABSTAIN 0 1 ]0-28-14 CC Regular Meeting Minutes.doc 4 I0-28-14 Mayor Crist asked to go back to Item 11. Mayor Crist made the motion to amend his motion to include that the development agreement becomes effective when it is executed by both parties. Council Member Cook seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 Council Member Beazley made the motion to enter closed session at 8:05 pm. Mayor Crist seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 13. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code 55 1.071); b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code g551.072); acquisition of right-of- way; easements; and land for municipal facilities; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations, or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code 551.087 ;proposed residential and retail developments; d. discuss or deliberate personnel matters: City Secretary Annual Review and Update; City Manager Annual Review; Boards and Commissions. (Tex. Gov't Code, 551,074). The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. Council Member Dowd made the motion to return to open session at 10:01 pm. Council Member Beazley seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 I 10-28-14 CC Regular Meeting Mimrtes.doc 5 10-28-14 14. Consider/Discuss/Action on any items listed on posted agenda for October 28, 2014 Workshop Session or any closed session occurring during this Regular Meeting, as necessary. Council Member Dowd made the motion to take no action. Council Member Lovato seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 15. Adjourn. Mayor Crist made the motion to adjourn at 10:01 pm. Council Member Beazley seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 ATTEST: APPROVED: Natha Wilkison, City Secretary Mike Crist, Mayor I ]0-28-14 CC Regular Meeting Minutes.doc 6 ]0-28-14 MINUTES OF CITY OF ANNA AGENDA NOTICE -CITY COUNCIL WORKSHOP November 13, 2014 6:30 p.m. —Anna City Hall Administration Building The City Council of the City of Anna met in Workshop Session at 6:30 p.m., November 13, 2014 at the Anna City Hall Administration Building, located at 111 N. Powell Parkway (Hwy 5), regarding the following items: 1. Call to Order. Mayor Milce Crist called the meeting to order at 6:30 pm. 2. Roll Call and Establishment of Quorum. Mayor Mike Crist and Council Members John Beazley, Chad Barnes, Nathan Bryan and Dick Dowd were present. Council Members James T. Cook and Lauren Lovato were absent. Council Member Barnes made the motion to enter closed session at 6:31 pm. Council Member Beazley seconded the motion. Motion passes. h NAY 0 3. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions, a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code 55 1.071); 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; 014 (2) To deliberate the offer of a financial or other incentive to a business 11-13-14 CC Workshop Meeting Minutes.doc 1 l 1-13-14 prospect described by subdivision (1). (Tex. Gov't Code 2551.087 proposed residential and retail developments; d. discuss or deliberate personnel matters: City Secretary update; City Manager Annual Review; non -advisory Boards and Commissions. (Tex. Gov't Code &551.074). The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. Council Member Dowd made the motion to return to open session at 7:30 pm. Council Member Beazley seconded the motion. Motion passes. AYE 5 NAY 0 4. Consider/Discuss/Action on any items listed on posted agenda for November 13 2014 City of Anna City Council Regular Meeting or any Closed Session occurring during this Workshop, as necessary. Council Member Barnes made the motion to take no action. Council Member Bryan seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 5. Adjourn. Council Member Bryan made the motion to adjourn at 7:30 pm. Council Member Barnes seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 ATTEST: APPROVED: Natha Willcison, City Secretary Milce Crist, Mayor I 1-13-14 CC Workshop Meeting Minutes.doc 2 11-13-14 MINUTES OF CITY OF ANNA AGENDA NOTICE — CITY COUNCIL REGULAR MEETING November 139 2014 7:30 p.m. —Anna City Hall Administration Building The City Council of the City of Anna met in Regular Session at 7:30 p.m., November 13, 2014, at the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), to consider the following items. Welcome to the City Cozmcil Meeting. Please sign the Sign -In -Sheet as a record of attendance. If you swish to speak on an open -session agenda item please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1. Call to Order. Mayor Mike Crist called the meeting to order at 7:30 pm. 2. Invocation and Pledge of Allegiance. Mayor Mike Crist gave the invocation. 3. Citizen comments. Citizens ar•e allowed 3 minutes to speak. The Council is unable to respond to or discuss any issues that are brought rip during this section that are not on the agenda, other than to make statements of specific factual information in response to a citizen's inquiry or to recite existing policy in response to the inquiry. No public comment. 4. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the agenda. Philip Sanders, City Manager stated that the next City Council would be December 9, 2014. There would not be a meeting the week of Thanksgiving. ll-13-14 CC Regular Meeting Mimites.doc 1 I 1-13-14 5. Recognition of 2014 Anna Citizen Academy Graduates. (City Council) Mayor Crist presented certificates of recognition to the graduates of 2014 Anna Citizen Academy. 6. Consent Items. Ilrese items consist of non -controversial of "housekeeping" items required by law. Items may be considered individually by any Council member making such request prior to a motion and vote on the Consent Items. a. Approve a Resolution regarding "Oak Hollow PH 6" amending plat. (Maurice Schwanke) b. Approve a Resolution regarding "Westfield Addition Phase 3" site plan. (Maurice Schwanke) Council Member Barnes made the motion to approve. Council Member Bryan seconded the motion. Motion passes. NAY 0 7. Public Hearing: For City Council to proposed rezoning of The Villages single family residential to "PD"— Schwanke) ABSTAIN 0 hear public comment regarding the of Hurricane Creek from "PD" — single family residential. (Maurice Philip Sanders, City Manager presented the item to council. Mayor Grist opened the public hearing at 7:39 pm. There was no public comment. Mayor Grist made the motion to hold open and continue the public hearing until 7:30 in on December 9, 2014. 8. Public Hearing: For City Council to hear public comment regarding the creation of a Public Improvement District for The Villages of Hurricane Creek. (City Manager) Philip Sanders, City Manager presented the item to council. Mayor Grist opened the public hearing at 7:40 pm. There was no public comment. Mayor Grist made the motion to hold open and continue the public hearing on December 9, 2014 at 7*30 pm. Council Member Barnes seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 9. Consider/Discuss/Action regarding a Resolution approving an Interlocal Agreement with Collin County for the construction of Ferguson Parkway. (City Manager) Philip Sanders, City Manager presented the item to council and answered questions. Council Member Barnes made the motion to approve. Council Member Bryan seconded the motion. Motion passes. I I-13-14 CC Regular Meeting Minutes.doc 2 1143-14 AYE 5 NAY 0 ABSTAIN 0 10. Consider/Discuss/Action regarding a Resolution approving an Economic Development Agreement with Bloomfield Homes, L.P., for the construction of Ferguson Parkway. (City Manager) No action taken at the request of the developer. 11. Consider/Discuss/Action regarding a Resolution approving a Subdivision Improvement Agreement for Lakeview Estates, Phase 1. (City Manager) No action taken at the request of the developer. 12. Consider/Discuss/Action regarding a Resolution approving a final plat of Lakeview Estates, Phase 1. (Maurice Schwanke) No action taken at the request of the developer. 13. Consider/Discuss/Action regarding Resolution approving an Amended Subdivision Improvement Agreement with the Owners of an approximate 634 acre tract of land located in the Grandison Stark Survey, Abstract No. 798. (City Manager) Philip Sanders, City Manager presented the item to council and answered questions. Mayor Crist made the motion to approve. Council Member Beazley seconded the motion. Motion passes. AYE 5 NAY 0 14. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the City Staff to use lawful means, including negotiations and if necessary proceedings in eminent domain, to acquire an easement on private property owned by Robert Coates. (City Manager) This item was skipped. 15. Consider/Discuss/Action regarding a Resolution finding a public necessity and authorizing the use of eminent domain to condemn private property owned by Addison Wilson and/or others for public right-of-way associated with alterations to CR 422. (City Manager) Philip Sanders, City Manager presented the item to council and answered questions. Mayor Crist "I move that the City of Anna, Texas authorize the use of the power of eminent domain to acquire 0.123 acres of land, more or less, in the Grandison Stark Survey, Abstract No. 798, City of Anna, Collin County, Texas, said tract being part of Tract 2, conveyed to ADD G. Wilson as recorded in Volume 408, Page 90 of the Collin County Land Records, said 0.123 acres of land being more particularly described by the metes and bounds description set forth in Exhibit "A" to this resolution, which I incorporate in ll-13-14 CC Regular Meeting Minutes.doc 3 11-13-14 11 into my motion, for roadway right-of-way." Council Member Dowd seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 16. Consider/Discuss/Action regarding a Resolution approving a contract for the construction of the Public Works Parking Lot. (Joseph Johnson) Joseph Johnson, Director of Public Worlcs presented the item to council and answered questions. Council Member Bryan made the motion to approve. Council Member Barnes seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 17. Consider/Discuss/Action regarding a Resolution authorizing a request for qualifications (RFQ) for architectural services. (City Manager) Philip Sanders, City Manager presented the item to council and answered questions. Council Member Barnes made the motion to approve. Council Member Dowd seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 18. Consider/Discuss/Action regarding a Resolution approving an Interlocal Agreement for Child Abuse Investigation Services Law Enforcement Services. (Chief Jenks) Kenny Jenlcs, Chief of Police presented the item to council and answered questions. Council Member Bryan made the motion to approve. Mayor Crlst seconded the motion. Motion passes. AYE 5 NAY 0 Council did not enter closed session. ABSTAIN 0 19. CLOSED SESSION (EXCEPTIONS): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: a. consult with legal counsel regarding pending or contemplated litigation and/or• on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code 5� 51.071); b. discuss or deliberate the purchase, exchange, lease, oi• value of real property (Tex. Gov't Code §551.072); acquisition of right-of- way; easements; and land for municipal facilities; I I-13-14 CC Regular Meeting Minutes.doc 4 11-13-14 c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code � 551.0887); proposed residential and retail developments; d. discuss or deliberate personnel matters: City Secretary Update; City Manager Annual Review; non -advisory Boards and Commissions. (Tex. Gov't Code 4551.074). The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 20. Consider/Discuss/Action on any items listed on posted agenda for November 13, 2014 Workshop Session or any closed session occurring during this Regular Meeting, as necessary. Council Member Beazley made the motion to take no action. Council Member Barnes seconded the motion. Motion passes. AYE 5 NAY 0 ABSTAIN 0 21. Adjourn. Council Member Beazley made the motion to adjourn at 7:55 pm. Council Member Barnes seconded the motion. Motion passes. AYE 5 ATTEST: NAY 0 Natha Will<ison, City Secretary ABSTAIN 0 APPROVED: Milce Crist, Mayor I 1-13-14 CC Regular Meeting Minutes.doc 5 11-13-14 i CITY OF ANNA, TEXAS Item No. 5 c City Secretary's use only City Council Agenda Staff Report Date: December 3, 2014 Staff Contact: Clayton Fulton Exhibits: Yes AGENDA SUBJECT: Approve a Resolution authorizing approval of an Inter -local Agreement with the City of Melissa to purchase a portion of Anna's minimum take -or -pay obligation under the GTUA/City of Anna potable water contract. SUMMARY: As a member of the Collin Grayson Municipal Alliance (Cities of Anna, Melissa, Van Alstyne, and Howe), each city has a minimum take or pay (MT/P) agreement with the Greater Texoma Utility Authority and the North Texas Municipal Water District for 59,312,500 gallons of ground water annually. For the water year ended July 31st, 2014 the City of Melissa exceeded their MT/P by 52,965,500 gallons. The other member cities did not exceed their MT/P amount. In order for the City of Melissa to avoid an increase in their MT/P for the 2015 water year, it has been recommended that the City of Melissa purchase the excess capacity from the other three member cities for the 2014 water year. The remaining members may sell a portion of their un-used MT/P obligation to the City of Melissa If approved, the City of Melissa will purchase 2,892,600 gallons ofour un-used MT/P for $3,500.01. An agreement to sell excess water to Melissa for the 2014 water year will not have any effect upon the 2015 water year or upon Anna's MT/P volume or obligations. A memo from the CGMA consultant detailing the sale of our excess MT/P is attached. STAFF RECOMMENDATION: Approve the resolution authorizing the City Manager to execute the attached ILA with the City of Melissa. RESOLUTION NO. A RESOLUTION RELATED TO AN INTER -LOCAL AGREEEMNT BETWEEN THE CITIES OF ANNA AND MELISSA UNDER WHICH THE CITY OF ANNA AGREES TO TRANSFER A PORTION OF ITS CONTRACTUAL MINIMUM TAKE OR PAY WATER OBLIGATION WITH THE GREATER TEXOMA UTILITY AUTHORITY TO THE CITY OF MELISSA IN EXCHANGE FOR AN AGREED PAYMENT FROM MELISSA AND AUHORIZING THE EXECUTION AND ADMINISTRATION OF SAID INTER -LOCAL AGREEMENT WHEREAS, the City of ANNA has previously authorized and executed agreements with the Greater Texoma Utility Authority for a surface water supply system to be planned, funded, constructed, and operated by GTUA, including the payment of monthly minimum take or pay water purchase provisions necessary to find said water transmission system and purchase of potable water; and WHEREAS, the City of ANNA has chosen to not accept delivery of water through the end of the 2014 water year (ended July 31, 2014) and desires to transfer a portion of its obligated minimum take or pay for said 2014 water year to the City of Melissa for consideration detailed in an inter -local agreement ; and WHEREAS, the City of Melissa has indicated interest in purchasing a portion of the City of ANNA's minimum take or pay for the water year ended July 31, 2014 as explained in a memorandum to the City Managers / Administrators of the Cities of Melissa, Anna, Van Alstyne, and Anna dated October 17, 2014 by Donald E. Paschal, Jr., consultant to said cities, which memorandum is attached to said Inter -local agreement as "Exhibit A"; and WHEREAS, it is acknowledged that a companion or similar agreement is contemplated between Lite City of Melissa and the other CGMA-GTUA cities (including all Alstyne and Howe). NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of ANNA that: SECTION 1: The City Council of the City of ANNA authorizes the execution by the City Manager of the attached Inter -local agreement with the City of Melissa for the terms detailed therein providing for the following: A. Transferring a portion of ANNA's GTUA required minimum take or pay to Melissa as provided for in the attached Inter -local Agreement. B. Invoicing Melissa for the agreed portion of the 2014 water year minimum take or pay. C. Accepting Payment from Melissa as provided for in the attached Inter -local agreement. SECTION 2: It is specifically provided that the participating cities shall have the right to verify quantities of water with the GTUA prior to final consummation of the attached agreement. Upon motion of seconded by the above resolution was approved by the City Council of the City of at its meeting held this day of , 2014, by the following vote: AYE NAY ABSTAIN Mayor, City of ANNA City Secretary, City of (S E A L) INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF MELISSA, TEXAS AND THE CITY OF ANNA, TEXAS FOR PURCHASE AND CORRESPONDING SALE OF A PORTION OF THE SELLING CITIES' MINIMUM TAKE OR PAY OBLIGATION UNDER THE GTUA- CITY OF ANNA POTABLE WATER SUPPLY CONTRACT THIS AGREEMENT (this "Agreement") is made and entered by and between the CITY OF MELISSA, TEXAS, a Texas home -rule municipality, hereinafter referred to as "Melissa", and CITY OF ANNA, TEXAS, a Texas home -rule municipality hereinafter referred to as "Anna", collectively referred to herein as the "Cities", as follows: WITNESSETH: WHEREAS, both Melissa and Anna are political subdivisions within the meaning of Interlocal Cooperation Act, Texas Government Code, Chapter 791, as amended (the "Act"); and WHEREAS, the Act provides authority for entities such as Melissa and Anna to enter into Interlocal agreements with each other to perform governmental functions and services as set forth in the Act; and WHEREAS, each of the Cities has previously entered into an agreement with the Greater Texoma Utility Authority ("GTUA") for the planning, construction, funding, and operations of a surface water supply system to serve Melissa and Anna, as well as the City of Van Alstyne, Texas ("Van Alstyne") and the City of Howe, Texas ("Howe") (each municipality referenced herein either by name or as "Participating City"), which agreement specifies the obligations of each Participating City; and WHEREAS, each of said Cities has entered an Amended and Restated Contract for Water Supply providing that from the time water has been delivered to each Participating City for one month and forward, on a monthly basis, each Participating City shall be charged for water at the greater of its minimum take -or -pay amount (MT-P) under the Potable Water Supply Contract made and entered between such Participating City and GTUA; and WHEREAS, for the water year 2013-2014 ended July 31, 2014 as provided for in said water purchase agreements, including the North Texas Municipal Water District, hereinafter referred to as "NTMWD" standard water purchase agreement, only the City of Melissa actually received delivery of water, the volume of which equaled or exceeded the individual City required Melissa MT-P; and WHEREAS, Melissa has a predecessor agreement with NTMWD for delivery of water through a separate water delivery point, which delivery point has a separate and distinct MT-P, which exceeded the MT-P entitling Melissa to said excess water purchase (over MT-P) at a significantly discounted purchase rate; and WHEREAS, Anna desires to sell a portion of its unused MT-P and Melissa desires to purchase a portion of Anna's unused minimum MT-P as defined in this Agreement and detailed in MT-P Transfer agreement for 2013-2014 water year —Melissa/Anna -Page 1 "Exhibit A" attached hereto for reference thus allowing Anna to recover a portion of the purchased but unused MT-P for the stated water year; and WHEREAS, the background of the above noted agreements, volumes, rates, and circumstances are further detailed in the October 17, 2014 memorandum attached hereto for reference and labeled "Exhibit A". NOW, THEREFORE, MELISSA and ANNA, for and in consideration of the recitals set forth above and terms and conditions below, agree as follows. i 11 �1.7U1 This Agreement shall apply to the NTMWD water year ended July 31, 2014 and shall be executed and consummated in full between November 1, 2014 and December 31, 2014 and shall not apply to subsequent water volumes or water years unless by written amendment to this Agreement. II. GENERAL SCOPE OF AGREEMENT Anna shall transfer 2,892,600 gallons (2,892.6 one thousand gallon increments) of MT-P water to Melissa for the water year ended July 31, 2014 and Melissa shall remit to Anna a payment for said transfer of MT-P at the rate of $1.21 per thousand gallons totaling in the sum of $3,500.01 as payment in full for said portion of Anna's MT-P. Following execution of this Agreement, Anna shall submit to Melissa an invoice for the transfer of the described MT-P for the above stated sum and Melissa shall remit payment for said transfer within fifteen (15) days of receipt of said invoice, it being the intent that this transaction shall be completed on or before December 31, 2014. III. RESPONSIBILITIES OF THE PARTIES 1. The respective City Councils of Melissa and Anna have approved this Agreement authorizing the sale /purchase of MT-P as described herein and fiuther detailed in the attached Exhibit A. 2. Anna, following approval of this Agreement by Melissa, shall submit to Melissa an invoice for the referenced 2,892,600 gallons of MT-P water in the amount of $3,500.01. 3. Melissa shall remit to Anna the above stated payment for the transferred MT-P within fifteen (15) working days of the receipt of the Anna invoice. 4. If either party wishes to verify the metered quantities of water or the portion of the minimum take or pay to which this Agreement refers shall be entitled to verification subject to said verification being completed prior to the submission of the invoice referenced in item III — 2 above. Should GTUA verification indicate a different volume of minimum take or pay than referenced herein, the parties hereto shall modify said quantity and the resultant payment for said quantity of minimum take or pay prior to the invoicing and payment phase (item III — 2 & 3 above). MT-P Transfer agreement for 2013-2014 water year• —Melissa/Anna -Page 2 IV. TERMINATION The Cities recognize that this Agreement shall commence upon the effective date herein and continue in full force and effect until termination in accordance with its provisions. Melissa and Anna herein recognize that the continuation of any fixture contract after the termination of this Agreement or impacting any future water year shall be subject to City Council approval for each City, respectively. Following termination of this Agreement, or should either City fail to execute this Agreement, there shall be no further commitment hereunder. V. RELEASE AND HOLD HARMLESS Melissa and Anna, to the extent authorized under the constitution and laws of the State of Texas, agree to be responsible for their own acts of negligence which may arise in connection with any and all claims for damages, costs, and expenses to person or persons and property that may arise out of or be occasioned by this Agreement. In the event of joint and concurrent negligence, Melissa and Anna agree that responsibility shall be apportioned comparatively. This obligation shall be construed for the benefit of the parties hereto, and not for the benefit of any third parties, nor to create liability for the benefit of any third parties, nor to deprive the parties hereto of any defenses each may have as against third parties under the laws and court decisions of the State of Texas. VI. AUTHORITY TO SIGN The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have Lite necessary authority to execute this Agreement on behalf of the parties hereto. The Cities have executed this Agreement pursuant to the authority granted by its governing body. VII. 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 to be contrary to the law or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of the Agreement. However, upon the occurrence of such event, either party may terminate this Agreement by giving the other party thirty (30) days' written notice. VIII. VENUE This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. The parties agree that this Agreement shall be enforceable in Collin County, Texas, and, if legal action is necessary, exclusive venue shall lie in Collin County, Texas. MT-P Transfer agreement for 2013-2014 water year — Melissa/Anna -Page 3 IX. INTERPRETATION OF AGREEMENT It is acknowledged that this is a negotiated document. Should any part of this Agreement be in dispute, the Cities agree that the Agreement shall not be construed more favorably for either city. X. REMEDIES No right or remedy granted herein or reserved to the parties is exclusive of any right or remedy granted by law or equity; but each shall be cumulative of every right or remedy given hereunder. No covenant or condition of this Agreement may be waived without the express written consent of the parties. It is further agreed that one (1) or more instances of forbearance by either party in the exercise of its respective rights under this Agreement shall in no way constitute a waiver thereof. XI. SUCCESSORS AND ASSIGNS The parties each bind themselves, their respective successors, executors, administrators and assigns to the other party to this contract. Neither party will assign, sublet, subcontract or transfer any interest in this Agreement without the prior written consent of the other party. No assignment, delegation of duties or subcontract under this Agreement will be effective without the written consent of both parties. MT-P Transfer agreement for 2013-2014 water year— Melissa/Anna -Page 4 IN WITNESS WHEREOF, the parties have executed this Agreement by signing below. Date: APPROVED AS TO FORM: CITY ATTORNEY Date: APPROVED AS TO FORM CITY ATTORNEY CITY OF MELISSA5 TEXAS By: Jason Little City Manager CITY OF ANNA, TEXAS I� Philip Sanders City Manager MT-P Transfer agreement for 2013-2014 water year —Melissa/Anna -Page 5 ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the by , rule municipality, on behalf of said municipality. STATE OF TEXAS § COUNTY OF COLLIN § day of , 20149 of the City of Melissa , Texas, a Texas home Notary Public, State of Texas This instrument was acknowledged before me on the day of , 2014, by , of the City of Anna, Texas, a Texas home Notary Public, State of Texas MT-P Transfer agreement for 2013-2014 water year —Melissa/Anna -Page 6 Exhibit A Attach copy of October 17, 2014 memorandum from Donald E. Paschal, Jr. to CGMA City Managers regarding the subject: Sale of GTUA-CGMA Minimum Take or Pay to Participant City MT-P Transfer agreement for 2013-2014 water year —Melissa/Anna -Page 7 CITY OF ANNA, TEXAS RESOLUTION NO. RESOLUTION REGARDING THE APPROVAL OF A SPECIAL EVENT PERMIT AND AUTHORITY TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF ANNA AND GREATER ANNA CHAMBER OF COMMERCE FOR A SPECIAL EVENT PERMIT TO SPONSOR A CHRISTMAS PARADE EVENT ON SATURDAY, DECEMBER 13r", 2014 ON POWELL PKWY, FOURTH STREET AND SHERLEY STREET. WHEREAS, the Greater Anna Chamber of Commerce has submitted a Special Event Permit application to conduct a Christmas Parade on Saturday, December 13t", 2014 on Powell Pkwy, Fourth Street and Sherley Street; and WHEREAS, the City of Anna Parks Board has reviewed the application and is recommending that the City Council of the City of Anna, Texas (the "City Council") approve the Special Event Permit; and WHEREAS, according to Anna City Code of Ordinances, Part II, Article 47, the City shall enter into a Special Event Agreement (the "Agreement) incorporating the terms and conditions of said permit; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. The City Council hereby approves the Special Event Permit and authorizes the City Manager to execute and sign the Special Event Agreement attached hereto as Exhibit 1. PASSED by the City Council of the City of Anna, Texas, on this 9t" day of December, 2014. ATTEST: APPROVED: Natha Wilkison, City Secretary Mayor, Mike Crist CITY OF ANNA, TEXAS Item No. S�dI City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: FYhihitc 12/09/14 Maurice Schwanke Yes AGENDA SUBJECT: Approve a Resolution regarding a Special Event Permit for the annual Christmas Parade. SUMMARY: The Greater Anna Chamber of Commerce has planned a parade and centennial celebration for Saturday December 13t" from 12:00 p.m. to 1000 p.m. The area includes The parade starts at the Anna ISD Middle school site and proceeds southerly with Powell Parkway to 4th Street then east on 4t" Street to Sherley Street then southerly on Sherley Street to the Anna ISD Administration Building. The attached map identifies the proposed areas. The Park Board recommended approval of the Special Event Permit at their regular meeting held on Monday, November I/ , 2014. STAFF RECOMMENDATION: Approval of Christmas Parade EXHIBIT A Item No. City Secretary's use only AGREEMENT FOR SPECIAL EVENT This Agreement for Special Event ("Agreement") is made by and between the City of Anna ("City"), and the Greater Anna Chamber of Commerce, Incorporated ("GACC") entered into on this 9th day of December, 2014. Section 1. Scope According to Anna City Code Ordinances, Part II, Article 47, Section 4.04, the City enters into this Agreement with GACC for use of Powell Parkway, 4th Street, Sherley Street and surrounding area for the Christmas Parade. Section 2. Definitions Meanings. For purposes of this Agreement, the following meanings shall apply: 1. City shall mean the City of Anna, Texas. 2. GACC shall mean the Greater Anna Chamber of Commerce, Incorporated. 3. Christmas Parade (Parade) shall mean the community event sponsored by the GACC and associated events and activities to take place in Anna, Texas on December 13th, 2014. 4. Powell Parkway, 4th Street, Sherley Street and surrounding area. 5. City Hall Parking Area means the parking area located at 111 North Powell Parkway. 6. Special Event means any event that operates wholly or partially within the incorporated City limits and may require the use of or assistance from any department or employee of the City, or the use of any City property. Section 3. General Requirements 3.01 Terms of Special Event Agreement The GACC has submitted a Special Event Permit application and sought authorization for the special event from the City of Anna Parks Board subject to entering into this agreement with the City. Said application is attached hereto as Exhibit 1. EXHIBIT A Item No. City Secretary's use only The Council authorizes the Special Event, subject to the following restrictions, for which GACC will be responsible: Parking Restrictions: All parking for the event will be conducted on premises designed or adapted for parking. Parking is to be prohibited on all public rights of way (shoulders, grass areas directly adjoining roadways, etc.). Event staff, signage, barricades, or a combination thereof, must be utilized to keep patrons from parking in rights of way. If parking areas are full, Event staff must be in place to direct vehicles to open parking areas. Vehicles on City/Park Property: Except for designated parking areas and other designated areas approved by the Director of Public Works, motor vehicles are prohibited from driving on City/Park property, except on designated paved parking areas and except as otherwise stated in this paragraph. At the discretion of the Director of Public Works motor vehicles may be allowed on some turf areas to deliver equipment but must be immediately removed when the delivery is complete. The City may prohibit any vehicle or trailer from driving on turf areas if in the opinion of the Director of Public Works the ground is too wet to support the weight of the vehicle. Except for small utility vehicles approved by the Director of Public Works, all motor vehicles are expressly prohibited from driving on or crossing the concrete walking trails. The applicant will ensure that all event participants observe these rules and will be responsible for paying for any damages to property caused by vehicles driven by participants of this event. Vendors and other Participants: Vendors and other persons or businesses providing entertainment or activities for the event may only locate on designated areas of the park that have been approved by the Director of Public Works. Section 4. Fees GACC represents that it has submitted a nonrefundable permit application fee in the amount fifty ($50.00) dollars, a refundable three hundred ($300.00) dollar deposit, and will pay for any additional actual costs incurred by the City in reviewing such application that exceeds said amount. Page 2 of 6 EXHIBIT A Item No. City Secretary's use only Section D. Licenses and Permits The GACC shall obtain and pay for any and all permits, licenses, disposal fees, or any other costs required for the Parade and to fulfill this Agreement. The GACC must comply with all federal and state laws, and local ordinances while organizing and participating in the Parade. Section 6. Independent Contractor Status/ Liability/ Indemnity It is expressly understood and agreed that the City has no right of control, supervision, or direction over any work performed by the GACC relating in any way to the GACC's undertaking, promoting, operating, and performance of any other activity related to the Parade (the "Work"), including but not limited to its employees or its subcontractors, or does the City have any control, supervision or direction of the means, methods, sequences, procedures, and techniques utilized to undertake, conduct, or complete any of the Work. There shall be no joint control over the Work. The GACC agrees to fully defend, indemnify and hold harmless the City from any claim, proceeding, cause of action, judgment, penalty, or any other cost or expense arising or growing out of, associated or in connection with the Work. The indemnification includes, but is not limited to, attorney fees incurred by the City in defending itself or in enforcing this Agreement. By entering into this Agreement, GACC waives all rights and remedies in law or in equity except to seek enforcement of specific performance of the obligations under this Agreement. This provision is not intended to and does not waive any of the City's governmental immunities, including immunity from suit and liability. Section 7. Insurance GACC shall procure and maintain for the duration of this Agreement and the Special Events insurance to cover claims for injuries to persons or damages to property, which may arise from or in conjunction with the performance of the Work or in any way related to the GACC's undertakings performed in connection with the Parade, including but not limited to coverage for GACC, its agents, representatives, employees, or subcontractors and Special Event participants, attendees and spectators. The insurance policy must be a Commercial General Liability Insurance Policy with combined single limits of liability for bodily injury and property damage of not less than $500,000 for each occurrence if the estimated attendance of the Special Event is up to a total of 4,999 persons, and $1,000,000 for each occurrence if the estimated attendance is a total of 5,000 persons or more. Failure of the GACC to maintain the required coverage is a breach of this Agreement and shall not relieve GACC of any other contractual responsibility or obligation. Each policy shall name the City as an additional insured and provide that there will be no alteration or modification which reduces coverage in any Page 3 of 6 EXHIBIT A Item No. City Secretary's use only way prior to 30 days written notice being given to the City. A copy of a certificate of insurance shall be filed with the City's Secretary. Section 8. Amendment; Termination This Agreement may not be amended or terminated except pursuant to a written instrument signed by both parties. Section 9. Notice Notice as required by this Agreement shall be in writing delivered to the parties via U.S. certified mail, return receipt requested, at the addresses listed below: City of Anna Natha Will<ison, City Secretary City of Anna 111 N. Powell Parkway Anna, Texas 75409 GACC Connie Christensen, GACC President 807 Interurban Street Anna, Texas 75409 Each party shall notify the other in writing within 10 days of any change in the information listed in this section. Section 10. No Waiver of Immunity Nothing in this Agreement waives any governmental immunity available to the City under Texas law. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Section 11. Entire Agreement This Agreement represents the entire and integrated Agreement between the City and GACC and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Section 12. Governing Law and Venue This Agreement shall be governed by the laws of the State of Texas as to interpretation and performance. Any and all legal action necessary to enforce this Agreement shall be Page 4 of 6 EXHIBIT A Item No. City Secretary's use only brought in a court of competent jurisdiction in Collin County, Texas or in the United States District Court for the Eastern District of Texas, Sherman Division. Section 13. Severability The provisions of this Agreement are severable. In the event that any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement shall be found to be contrary to the law, or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of this Agreement. Section 14. Contract Interpretation This Agreement is the result of negotiation between the parties, and shall, in the event of any dispute over the meaning or application of any portion thereof, be interpreted fairly and reasonably, and not to be more strictly construed against one party than another, regardless of which party originally drafted the section in dispute. Section 15. Force Majeure If a party is prevented or delayed from performing any of its obligations hereunder due to a natural or manmade event or condition not caused by such party and beyond such party's reasonable control, then such party's performance of those obligations shall be suspended until such time as the event or condition no longer prevents or delays performance. If any event or condition results in the creation of amounts of refuse in excess of ordinary amounts, then the parties shall discuss, but shall not be bound to conclude, terms and conditions for collection of those excess amounts. Section 16. Assignment It is understood and agreed that GACC shall not assign, sublet, or transfer any of the rights and duties under the terms of this Agreement without the prior written approval of the City. Section 17. Effective Date This Agreement shall be effective upon the date first stated herein, and performance of this Agreement shall begin as soon thereafter as practicable. Page 5 of 6 IN WITNESS WHEREOF, City and GACC have executed this Agreement. By: Connie Christensen, GACC President Greater Anna Chamber of Commerce Philip Sanders City Manager Item No. City Secretary's use only ( ` f rr r TTTT L t'Pe 1Aa �rtee VIP s gill Ilt I, All dd r iiiiim Pell IV lop — I •�" i`: i r{Ilk T t "' - r `I Ik ;f rT� :: 1p •: i 6 0 Let It t.-�. t r �i IVy,. r r-r " S s:.f. 4 64 IL Ar Net el It Volt 11 Missive / } r ' nma. �1 / ie-�' -+/��is _ Lev, `. _ ~r ff rf _Lm r Vale - eo r F�rIF 4 It 54- if tt wtocwrwae- For��} t� rc.vr ar .iu vsr_ -' r:It I A.F 'ems- •f — J �1- r•,1.. - ; r - TIT t- r ` •I i i' S Y�' r , r y : F' e - r -r i � 'Fir VVIMS I :/ 1 a C TFy-4� — ' �' — r• I It 1T. •' a,P 1 �ti ��n�3 V; _ _ :.s r - -- + tt SPECIAL EVENT PERMIT APPLICATION Planning and Development Dept. 101 N. Powell Pkwy Anna, TX 75409 97M24-3325 CtiY OF ANNA TEXAS T e of Event: ❑Carnival ❑Circus ❑Festival p arade ❑Tent ❑Other A licant Name: y (' (', Address: 7 " `) Cit State. Zi Code: C' Phone - a Email: CUnrut, of rr Date: al 1 14 Note: Applications must be filed at least 30 days in advance. Application Fee $50 non-refundable) Deposit $300 (refmdable) Same Information As Above if not the same, complete the next two lines) Issue Deposit Refund To. Address: City: State: Zip Code Date(s)of Activity: C Reservation Time Block: Yr Type of Activity (explain purpose ofactivit : Estimated Number of People Attending Activity. Reservation Location: Will Food and/or Beverages be on -site for the activity? ❑ Yes ❑ No Will Alcohol be served or sold? ❑ Yes (if yes, include request letter ISMo If yes, please indicate who the vendors are (food and drinks): Pkase identify all other activities & structures (bounce f LCI \) tnAur . :91 AP. house, tents, music, sports, games, etc): Chv of Anna . i r,IF r I I . I - ' 4 rIF Fro W,. :t !Is.. .... VIVO .. _—. ., —. ... ..r.._. .._ _, I .. .. — ._... ...._ III .... ,p .. .. it I . r..+r�N U8V�417�I1 CITY OF ANNA, TEXAS AGENDA SUBJECT: Approve Resolution for West Crossing PH 5 Final Plat. Item No. 5 e City Secretary's use only City COunal Agenda Staff Report Date: 12/09/14 Staff Contact: Maurice Schwanke Exhibits: Yes SUMMARY: A final plat has been received on approximately 18.073 acres of land that is located northwest corner of Hackberry Drive and West Crossing Blvd. A preliminary plat was approved for the property by the City Council on October 28th, 2014. The owner/developer is proposing 92 residential lots on the tract. The civil construction plans have been reviewed by the City Consulting Engineer. STAFF RECOMMENDATION: Approval of the Resolution CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE "WEST CRPSSOMG PH 5" FINAL PLAT" GENERALLY LOCATED IN ANNA'S CITY LIMITS LOCATED AT THE NORTHWEST CORNER OF HACKBERRY DRIVE AND WEST CROSSING BLVD AND IS SUBJECT TO THE SUBDIVISION RULES AND REGULATIONS AS SET FORTH IN THIS RESOLUTION. WHEREAS, In order to provide for the orderly development of land within the Anna city limits and extraterritorial jurisdiction, the City Council of the City of Anna, Texas (the "City Council") has adopted Part IlkA of the Anna City Code of Ordinances ("Subdivision Regulations"); and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein as if set forth in full for all purposes. Section 2. Approval of Final Plat The City Council hereby approves the West Crossing Phase 5 final plat. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 9th day of December, 2014. ATTEST: Natha Wilkison, City Secretary 1 APPROVED: Mayor, Mile Crist i 3 � MON IooalS y � O N N 41o" �W � J � o v%% u M e P a tzI 16 _ tz 16 ei - g al ea III I. 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J E N o Ln u 3 $ 5 e 0« a `° L o 0 9 6 m E 6 O a 3 3 AD M _ ° G ''' i_ 3 L n 3 3 3 — 4 8 V c a a 3 _CA "A c ° _ _ _ _ _ ` _ n $ 3 _ _ o CA — x ou CA o CA M J CA 8 3 L m 3 AM CA 0 a > CA At$% tl c g E a C 0 — 9 E m i n o a v a 9 J p w E E 9 E o 'Ecm CA 9 E 3 E 3 E 3 E $ v E 9 3 9 Nu CA `_ E u° tg _ CA — Ca _`°3 a0 AD 9 M.0 3& CA ea E m E uE ea E — ° g 3 o >Eto $ r AD o�,'�, E g l; e v 3 c 3 CA -�E= $m- P m zi a o i�S a'� s s Oo m 5� `e� 8 Z Z i E g E -_ &` L '° n o= z G `° H 3 0; -a a ¢ a C - ra` G S 0 at, 3mm>38 S i 3 0 �a c `�a9 CITY OF AN NA, TEXAS AGENDA SUBJECT: Item No. 6 City Secretary's use only City Council Agenda Staff Report Date: 12/09/14 Staff Contact: Maurice Schwanke Exhibits: Yes Public Hearing: For City Council to hear public comment regarding the proposed rezoning of The Villages of Hurricane Creek from "PD" — single family residential to "PD" — single family residential. SUMMARY: This zoning submittal consists of approximately 368.2 total acres of land within the City of Anna. The uses proposed for this Property follow the intent of the City of Anna Comprehensive Plan. The proposal creates a master planned community featuring a mixture of lot sizes that should encourage sustainable neighborhoods. The following table summarizes the proposed lot sizes and densities: LAND USE SUMMARY USE ACREAGE +/- SF LOTS SF DENSITY (UNITS/ACRE) PERCENTAGE SINGLE FAMILY RESIDENTIAL - 50% MAXIMUM LOT COVERAGE 70' x 120' LOTS 84.07 365 4.34 51.4% 80' x 120' LOTS 45.32 185 4.08 27.7% 90' x 120' LOTS 14.61 55 3.76 8.9% 100' x 150' LOTS 1930 49 2.49 12.0% TOTAL 163.7 654 4.00 44.5 OPEN SPACE 148.7 40.4% FIRE STATION 2.5 0.7% AMENITY CENTER 2.0 0.5% ROW DEDICATION 51.3 13.9% TOTAL 3681 654 136 GROSS 100.0% This PD will replace the existing small lot entitlements with the smallest lot being 8,400 square feet. Also proposed in this PD are integrated parks and open spaces which will help to preserve areas designated within the 100-year floodplain. A fire station location is being planned for incorporation into the development as well as an amenity center. The Planning and Zoning recommended approval of the zoning request at their September 8, 2014. The vote was unanimous. A public hearing was opened and continued at the City Council on November 13. STAFF RECOMMENDATION: CITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located on the north side of FM 455 and west of U.S. 75) ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN, PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a requested zoning change on Property described in Exhibit A and Exhibit B ("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located on the north side of FM 455 and west of U.S. 75 being rezoned from "PD - Single Family Residential" zoning district to "PD- Single Family Residential (PD) zoning; and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna ("City Council") have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2. Zoning Change The Comprehensive Plan of the City and City of Anna Ordinance No. 116-2003 as amended and codified as Part III-C of The Anna City Code of Ordinances are hereby amended by changing the zoning of the Property described in Exhibit A from PD - Single Family Residential to PD — Single Family Residential zoning. I. PURPOSE AND INTENT A. Purpose and Intent: This zoning submittal addresses the disposition of approximately 368 total acres of land within the City of Anna more fully described on the legal description attached as Exhibit A (the "Property") and depicted on Exhibit Be The uses proposed for the Property follow the intent of the City of Anna Comprehensive Plan dated March 2010. It is the intent of the Planned Development (PD) to offer greater flexibility for residential development. The purpose of the district is to create a master planned community featuring a mixture of housing types in a manner that will encourage sustainable neighborhoods and attract investment to the area. 1. The purpose of this district is: a. To provide development and land use flexibility within the framework of a Planned Development zoning district. 2. The intent of this district is: a. To design streets and buildings which will contribute to creating safe neighborhoods. b. To provide an attractive environment for pedestrians which includes such things as buildings framing public space, street trees, lighting and canopies that will attract pedestrians. c. To contribute to the definition and use of public parks, ball fields and walking trails. d. Integrated parks and open space to preserve areas designated within the 100-year floodplain. This will protect existing stream corridors and other physical assets as amenities. 3. The Villages of Hurricane Creel< PD is intended to provide the community with a mixture of housing types in a pattern and amount that will encourage sustainable neighborhoods and development. 4. The Villages of Hurricane Creel< Concept Plan delineates the boundaries of the respective neighborhood areas (Exhibit B). The Development Standards shall apply to the entire Villages of Hurricane Creek District unless indicated otherwise. Housing mix, street types, building types and frontage standards for any particular area shall be controlled by the neighborhood areas delineated on the plan. B. Applicability: This Ordinance shall apply to all development within the PD boundaries. Unless otherwise stated herein, all ordinances of the City shall apply to The Villages of Hurricane Creek. II. DEFINITIONS Accessory Building or Use: (a) is subordinate to and serves a principal Building or principal Use; (b) is subordinate in area, extent, or purpose to the principal Building or principal Use served and is not physically connected to the principal Building; (c) contributes to the comfort, convenience and necessity of occupants of the principal Building or principal Use served; and (d) 2 is located on the same Building Lot as the principal Use served. If connected to the principal Building, a structure becomes part of the principal Building. Block: Property abutting on one side of the Street and lying between the nearest intersecting or intercepting Streets or nearest intercepting Street and railroad right-of-way, waterway, or other barrier to or gap in the continuity of development along such Street. Building: Any structure built for the support, shelter, or enclosure of persons, chattels, or movable property of any kind. When such structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate Building, except as regards minimum side yards. Building Line: Aline parallel or approximately parallel to the Street line at a specific distance there from marking the minimum distance from the Street line that a Building may be erected. Court: An open, unoccupied space on the same Lot with a Building and bounded on two sides by such Building, or the Open Space provided for access to a dwelling group. District: A portion of the territory of the city within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Part of the Code. The term "residential District" means any SF-E, SF-1, SF-84, SF-72, SF-60, SF-2, SF-Z, SF- TH, MH, or MF District; the term "commercial District" means any C4, NC, C-2, C-3 or.04 District. Dwelling Unit: A room or a group of rooms including cooking accommodations, occupied by one Family, and in which not more than two persons, other than members of the Family, are lodged or boarded for compensation at any one time. Dwelling Unit, Single -Family: Detached means located on a Lot or separate Building tract and having no physical connection to a Bung on any other Lot. Flood Plain: The land adjoining the channel of a river, stream, or watercourse that has been or may be covered by floodwater. Any land covered by the water of a 100 year frequency storm is considered in the Flood Plain and must comply with the engineering criteria found in the subdivision regulations and other relevant regulations of the City. Frontage: All the property abutting on one side of a Street between intersecting or intercepting Streets, or between a Street and aright -of -way, waterway, end of a dead-end Street, or village boundary measured along the Street line. An intercepting Street shall determine only the boundary of the Frontage on the side of the Street which it shall determine only the boundary of the Frontage on the side of the Street which it intercepts. Where a Lot abuts more than one Street, the planning and zoning commission shall determine the Frontage for purposes of the Part of the Code. Land Use Plan: The long-range plan for the desirable use of land in the City of Anna as officially adopted and as amended from time to time by the City Council, the purpose of such plan being, among other things, to serve as a guide in the zoning and progressive changes in the zoning of land to meet the changing needs, in the subdivision and Use of undeveloped land, and in the acquisition of rights -of -way or sites for public purposes such as Streets, parks, schools and public Buildings. Lot: The entire parcel of land occupied or to be occupied by a main Building and its Accessory Buildings, or by a group such as a dwelling group or automobile Court and their Accessory Buildings, including the yards and Open Spaces required therefore by this title and other applicable law. Lot, Corner: A Lot abutting on two intercepting or intersecting Streets where the interior angle of intersection or interception does not exceed 135°. Lot Coverage: The percentage of the total area of a Lot occupied by the base (first Story or floor) of Buildings located on the Lot. Lot, Interior: A Lot other than a corner Lot. Lot, Lines: The property lines bounding the Lot as defined herein. Lot, Through: A Lot having its front and rear on different Streets, or having its front or rear line on a Street and the other line on a river, lake, creek or other permanent body of water. Lot Depth: The average depth from the front line of the Lot to the rear line of the Lot. Lot Width: The width measured at a distance back from the front line equal to the minimum depth required for a Front Yard. Lot of Record: A Lot, which is part of a subdivision, the plat of which has been recorded in the office of the County Clerk of Collin County, or a parcel of land, the deed for which was recorded in the Office of the County Clerk, Collin County, prior to January 1, 1986. Main Building: A Building in which is conducted principal Use of the Lot on which it is situated. Open Space: That part of any Lot or tract that is used for recreational purposes, both passive and active, but not including areas used for parking or maneuvering of automobiles, or drives or approaches to and from parking areas, Floodplains, or 100% of any standing surface water, may be considered as Open Space, provided such Open Space is contiguous and part of the platted Lot and is maintained and utilized in the same manner and to the same degree as all other Open Space areas as is designated on the site plan as filed with the building permit application. Planned Development: Land under unified control, including developed as a whole; in a single development operation or a definitely programmed series of development operations, including all lands and Buildings; for principal and accessory structures and uses substantially related to the character of the District; according to comprehensive and detailed plans which include not only Streets, utilities, and Lots or Buildings sites, but also site plans, floor plans, and elevations of all Buildings as intended be located, constructed, used and related to each other, and detailed plans for other uses and improvements on the land as related to the Buildings, and with a program for provision, operation and maintenance of such areas, improvements, facilities, and L� services as will be for common Use by some or all of the occupants of the District, but will not be provided, operated, or maintained at general public expense. Planned Development is both a concept and a zoning classification which may include, in addition to planned unit development, commercial, shopping center, and industrial uses or combination thereof, which may be intended to serve areas within the District and areas without the District. Rear Yard: The required Rear Yard is an Open Space unoccupied and unobstructed except for Accessory Uses extending across the rear of a Lot from one side Lot line to the other side Lot line, the depth of which is dependent upon the zoning District in which the Lot is located. Screening Element (Device): A barrier of permanent material of sufficient heights and density so that the objects being screened are not visible from any point on the Lot line when viewed from any height between ground level and seven feet above ground level and shall mean any of the following: (a) Any solid material constructed of brick, Masonry, or of a concrete or metal frame, or wood or base which supports a permanent type material, the vertical surface of which is not more than 30% open; (b) Any dense evergreen hedge or plant material suitable for providing a visual barrier, for which such material shall be maintained in a healthy growing condition; or (c) Landscaped earth berms may, when appropriate in scale, be considered and used as a Screening Element in lieu of a fence, wall, hedge, or other dense planting material. Street: A public or private thoroughfare which affords the principal means of access to abutting property. The Villages of Hurricane Creel< Concept Plan (Exhibit B): The graphic plan for The Villages of Hurricane Creek that establishes and delineates the respective PD sub -districts such as the Village Center and other Neighborhoods. Thoroughfare: An officially designated federal or state numbered highway or county or other road or Street designated as a primary thoroughfare on the official Thoroughfare Plan of the City of Anna. Thoroughfare Plan: The official Thoroughfare Plan of the City of Anna adopted by the City Council establishing the location and official right-of-way width of principal highways and Streets in the city, together with all amendments thereto subsequently adopted. Use: The purpose for which land or a Building or structure thereon is designed, arranged intended or maintained or for which it is or may be used or occupied. This definition does not alter or affect the definition of Nonconforming Use as set forth in Section 39.01 of the Part. (Ord. No. 457-2009, adopted 08125109) Use, Accessory: A subordinate Use on the same Lot with the principal Use and incidental and accessory thereto. Yard: An Open Space, other than a Court, on the same Lot with a Building. 5 Yard, Front: A yard extending across the full width of a Lot and having a depth equal to the shortest distance between the front line of the Lot and the nearest portion of the main Buildings including an enclosed or covered porch, provided that the Front Yard depth shall be measured from the future Street line for a Street on which a Lot fronts, when such line is shown on the official map or is otherwise established. Yard, Rear: A yard extending across the full width of a Lot and having a depth equal to the shortest distance between the rear line of the Lot and the main Building. Yard, Side: A yard between the side line of the Lot and the main Building extending from the Front Yard to the Rear Yard and leaving a width equal to the shortest distance between said side line and the main Building. Zoning Map: The official Zoning Map of the City of Anna together with all amendments subsequently adopted. *Rules for Words and Phrases: For the purposes of the City of Anna Zoning Ordinance, words used in the present tense include the future tense; words in the singular number include the plural number, and words in the plural number include the singular number; the word "shall" is mandatory, not directory; the word "may" is permissive; the word "person" includes a firm, association, organization, partnership, trust, foundation, company, or corporation as well as an individual; the word "used" includes designed and intended or arranged to be used; the word "Building" includes the word "structure"; the word "Lot" includes "Building Lot" or parcel. Wherever the City of Anna Zoning Ordinance imposes a greater restrictionthan imposed by other ordinances, laws, or regulations, the provisions of the City of Anna Zoning Ordinance shall govern. I11. LOT TYPE REGULATIONS The Villages of Hurricane Creel< will include a specific lot type in order to achieve the goals established for the district. The lot type and requirement shall be as follows: A. Lot Type SF-84 (70' x 120'l: 1. Purpose: The SF-84 Single Family Residential District is designed to accommodate Single Family Residential development on relatively ample Lots. The District can be appropriately located in proximity to agricultural and Single Family Residential Uses. 2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The Permitted Uses are as follows: a. Single family dwelling, detached; b. Community center (public and private); c. Park, playground, or recreational center (public and private); d. School, public (primary and/or secondary); and e. Swimming pool (private) 3. Specific Use Permit: The following specific uses shall be permitted in a SF-84 District, when granted in accordance with Section 37 of the City of Anna Zoning Ordinance: a. Public, parochial, and private schools and colleges offering courses of general instruction and including convents, monasteries, dormitories, and other related living structures when located on the same site as the school or college. b. Churches, synagogues, chapels, and similar places of religions worship and instruction of a quiet nature when located in a substantial structure. c. Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this part for dwellings and have a landscaped or masonry barrier on all sides. Building shall conform to all space limits of this zone and shall be of such exterior designs to harmonize with nearby properties. d. Public and quasi -public buildings for cultural use. e. Country clubs as defined herein. f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance. 4. Plan Requirements: Except as otherwise specifically authorized Anna Subdivision Regulations, no building permit or Floodplain 5. Height Regulations: No building shall exceed thirty-five feet (35'). in the City 6. Area Regulations: The following minimum standards shall be required as measured from property lines: Lot Size: 8,400 square feet Lot Coverage. The combined area covered by all main buildings and accessory structures shall not exceed fifty percent (50%) of the total lot area. Building Size: The minimum square footage of a dwelling unit, shall be two thousand (2,000) sf. Front Yard: 20 feet minimum Rear Yard: 15 feet minimum (the required Rear Yard shall be open and unobstructed to the sky from a point 30 inches above the average elevation of the Graded Rear Yard, except for Accessory Buildings as permitted herein. Eaves, covered porches, and roof extensions without structural support in the Rear Yard may extend into the rear yard a distance not to exceed four feet. Balconies shall not project into the required Rear Yard.) Side Yard, Interior: Side Yard, Corner Lot, Street Side: Lot Width: Lot Depth: Masonry (Brick or rock veneer) 5 feet minimum 15 feet minimum (45 feet where adjacent to single Family or duplex residential District) 70 feet minimum; building line) 120 feet minimum 80% (measured at the front 7. Parl<ing Regulations: Two enclosed spaces behind the Front Yard line for single- family Dwelling Units and HUD Code manufactured homes. Other off -Street parking regulations are set forth in Section 38 of the City of Anna Zoning Ordinance. 8. Signs: Signs in this District shall comply with the requirements of the City of Anna Sign Ordinance (as amended). Lot Type SF-84180' x 120'): 1. Purpose: The SF-84 Single Family Residential District is designed to accommodate Single Family Residential development on relatively ample Lots. The District can be appropriately located in proximity to agricultural and Single Family Residential Uses. 2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The Permitted Uses are as follows: a. Single family dwelling, detached; b. Community center (public and private); c. Parl<, playground, or recreational center (public and private); d. School, public (primary and/or secondary); and e. Swimming pool (private) 3. Specific Use Permit: The following specific uses shall be permitted in a SF-84 District, when granted in accordance with Section 37 of the City of Anna Zoning Ordinance: a. Public, parochial, and private schools and colleges offering courses of general instruction and including convents, monasteries, dormitories, and other related living structures when located on the same site as the school or college. b. Churches, synagogues, chapels, and similar places of religions worship and instruction of a quiet nature when located in a substantial structure. c. Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this part for dwellings and have a landscaped or masonry barrier on all sides. Building shall conform to all space limits of this zone and shall be of such exterior designs to harmonize with nearby properties. d. Public and quasi -public buildings for cultural use. e. Country clubs as defined herein. f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance. 4. Plan Requirements: Except as otherwise specifically authorized in the City of Anna Subdivision Regulations, no building permit or Floodplain Development Permit shall be issued by the City for any parcel of land until a Final Plat — or Development Plat, as applicable — of the land has been recorded. 5. Height Regulations: No building shall exceed thirty-five feet (35'). 0 6. Area Regulations: The following minimum standards shall be required as measured from property lines: Lot Size: 9,600 square feet Lot Coverage: The combined area covered by all main buildings and accessory structures shall not exceed fifty percent (50%) of the total lot area. Building Size: The minimum square footage of a dwelling unit, shall be two thousand (2,000) sf. Front Yard: 20 feet minimum Rear Yard: 15 feet minimum (the required Rear Yard shall be open and unobstructed to the sky from a point 30 inches above the average elevation of the Graded Rear Yard, except for Accessory Buildings as permitted herein. Eaves, covered porches, and roof extensions without structural support in the Rear Yard may extend into the rear yard a distance not to exceed four feet. Balconies shall not project into the required Rear Yard.) Side Yard, Interior: Side Yard, Corner Lot, Street Side: Lot Width: Lot Depth: Masonry (Brick or rock veneer) 5 feet minimum 15 feet minimum (45 feet where adjacent to single Family or duplex residential District) fminimum; 80 eet building line) 120 feet minimum Ono/ (measured at the front 7. Parl<ing Regulations: Two enclosed spaces behind the Front Yard line for single- family Dwelling Units and HUD Code manufactured homes. Other off -Street parking regulations are set forth in Section 38 of the City of Anna Zoning Ordinance. 8. Signs: Signs in this District shall comply with the requirements of the City of Anna Sign Ordinance (as amended). 10 C. Lot Type SF-84 (90' x 1201: 1. Purpose: The SF-84 Single Family Residential District is designed to accommodate Single Family Residential development on relatively ample Lots. The District can be appropriately located in proximity to agricultural and Single Family Residential Uses. 2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The Permitted Uses are as follows: a. Single family dwelling, detached; b. Community center (public and private); c. Parl<, playground, or recreational center (public and private); d. School, public (primary and/or secondary); and e. Swimming pool (private) 3. Specific Use Permit: The following specific uses shall be permitted in a SF-84 District, when granted in accordance with Section 37 of the City of Anna Zoning Ordinance: a. Public, parochial, and private schools and colleges offering courses of general instruction and including convents, monasteries, dormitories, and other related living structures when located on the same site as the school or college. b. Churches, synagogues, chapels, and similar places of religions worship and instruction of a quiet nature when located in a substantial structure. c. Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this part for dwellings and have a landscaped or masonry barrier on all sides. Building shall conform to all space limits of this zone and shall be of such exterior designs to harmonize with nearby properties. d. Public and quasi -public buildings for cultural use. e. Country clubs as defined herein. f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance. 11 4. Plan Requirements: Except as otherwise specifically authorized in the City of Anna Subdivision Regulations, no building permit or Floodplain Development Permit shall be issued by the City for any parcel of land until a Final Plat — or Development Plat, as applicable — of the land has been recorded. 5. 6. 7 Height Regulations: No building shall exceed thirty-five feet (35'). Area Regulations: The following minimum standards shall be required as measured from property lines: Lot Size: 10,800 square feet Lot Coverage: The combined area covered by all main buildings and accessory structures shall not exceed fifty percent (50%) of the total lot area. Building Size: The minimum square footage of a dwelling unit, shall be two thousand (2,000) sf. Front Yard: 20 feet minimum Rear Yard: 15 feet minimum (the required Rear Yard shall be open and unobstructed to the sky from a point 30 inches above the average elevation of the Graded Rear Yard, except for Accessory Buildings as permitted herein. Eaves, covered porches, and roof extensions without structural support in the Rear Yard may extend into the rear yard a distance not to exceed four feet. Balconies shall not project into the required Rear Yard.) Side Yard, Interior: Side Yard, Corner Lot, Street Side: Lot Width: Lot Depth: Masonry (Bricl<or rocl<veneer) 5 feet minimum 15 feet minimum (45 feet where adjacent to single Family or duplex residential District) 90 feet minimum; building line) 12) feet minimum 80% (measured at the front Parl<in� Regulations: Two enclosed spaces behind the Front Yard line for single- family Dwelling Units and HUD Code manufactured homes. Other off -Street 12 parking regulations are set forth in Section 38 of the City of Anna Zoning Ordinance. 8. Signs: Signs in this District shall comply with the requirements of the City of Anna Sign Ordinance (as amended). D. Lot Type SF-84 (100' x 150'): 1. Purpose: The SF-84 Single Family Residential District is designed to accommodate Single Family Residential development on relatively ample Lots. The District can be appropriately located in proximity to agricultural and Single Family Residential Uses. 2. Permitted Uses: A Building or premise in a SF-84 District shall be used only for the purposes as listed in Appendix 2 of the City of Anna Zoning Ordinance. The Permitted Uses are as follows: a. Single family dwelling, detached; b. Community center (public and private); c. Park, playground, or recreational center (public and private); d. School, public (primary and/or secondary); and e. Swimming pool (private) 3. Specific Use Permit: The following specific uses shall be permitted in a SF-84 District, when granted in accordance with Section 37 of the City of Anna Zoning Ordinance: a. Public, parochial, and private schools and colleges offering courses of general instruction and including convents, monasteries, dormitories, and other related living structures when located on the same site as the school or college. b. Churches, synagogues, chapels, and similar places of religions worship and instruction of a quiet nature when located in a substantial structure. c. Utility substations necessary to the functioning of the utility, but not including general business offices, maintenance facilities and other general system facilities, when located according to the yard space rules set forth in this part for dwellings and have a landscaped or masonry barrier on all sides. Building shall conform to all space limits of this zone and shall be of such exterior designs to harmonize with nearby properties. 13 d. Public and quasi -public buildings for cultural use. e. Country clubs as defined herein. f. Uses as listed in Appendix 2 of the City of Anna Zoning Ordinance. 4. Plan Requirements: Except as otherwise specifically authorized in the City of Anna Subdivision Regulations, no building permit or Floodplain Development Permit shall be issued by the City for any parcel of land until a Final Plat — or Development Plat, as applicable — of the land has been recorded. 5. Height Regulations: No building shall exceed thirty-five feet (35'). 6. Area Regulations: The following minimum standards shall be required as measured from property lines: Lot Size: 15,000 square feet Lot Coverage: The combined area covered by all main buildings and accessory structures shall not exceed fifty percent (50%) of the total lot area. Building Size: The minimum square footage of a dwelling unit, shall be two thousand (2,000) sf. Front Yard: 20 feet minimum Rear Yard: 15 feet minimum (the required Rear Yard shall be open and unobstructed to the sl<y from a point 30 inches above the average elevation of the Graded Rear Yard, except for Accessory Buildings as permitted herein. Eaves, covered porches, and roof extensions without structural support in the Rear Yard may extend into the rear yard a distance not to exceed four feet. Balconies shall not project into the required Rear Yard.) Side Yard, Interior: Side Yard, Corner Lot, Street Side: Lot Width: 5 feet minimum 15 feet minimum (45 feet where adjacent to single Family or duplex residential District) 100 feet minimum; (measured at the front building line) 14 Lot Depth: 150 feet minimum Masonry (Brick or rock veneer): 80% 7. Parking Reraulatlons: Two enclosed spaces behind the Front Yard line for single- family Dwelling Units and HUD Code manufactured homes. Other off -Street parking regulations are set forth in Section 38 of the City of Anna Zoning Ordinance. 8. Sims: Signs in this District shall comply with the requirements of the City of Anna Sign Ordinance (as amended). TABLE NO. 3-1 Land Use Summary LAND USE SUMMARY USE ACREAGE +/- SF LOTS SF DENSITY (U NITS/ACRE) PERCENTAGE SINGLE FAMILY RESIDENTIAL'PD-XX' - 50% MAXIMUM LOT COVERAGE 70' x 120' LOTS 84.07 365 4.34 51.4% 80' x 120' LOTS 45.32 185 4.08 273% 90' x 120' LOTS 14.61 55 3.76 8.9% 100' x 150' LOTS 1930 49 2.49 12.0% TOTAL 163.7 654 4.00 44.5% OPEN SPACE 148.7 40.4% FIRE STATION 2.5 03% AMENITY CENTER 2.0 0.5% ROW DEDICATION 51.3 13.9% TOTAL 368.2 654 1.76 GROSS 100.0% IV. DEVELOPMENT AND DESIGN STANDARDS A. Accessory Buildings: All development within The Villages of Hurricane Creel< Planned Development District shall comply with Section 35 of the City of Anna Zoning Ordinance in effect at the time of City Council approval of this ordinance. Nothing in this ordinance shall be construed as preventing any Architectural Control Committee with jurisdiction over any neighborhood from further restricting permission, location, and type of any accessory structure. 15 B. Screening and Fences: All development within The Villages of Hurricane Creek Planned Development District shall comply with Section 40 of the City of Anna Zoning Ordinance in effect at the time of City Council approval of this ordinance C. Landscape Standards: All development within The Villages of Hurricane Creel< Planned Development District shall comply with the City of Anna Code of Ordinance Part III-E (Landscape Regulations) in effect at the time of City Council approval of this ordinance. 1. Tree Requirements: For all single-family and duplex parcels, builders shall be required to plant two large trees (minimum of three-inch caliper and seven feet high at time of planting) per lot prior to obtaining a certificate of occupancy. At least one of the trees shall be located in the front yard. Existing quality trees of at least three- inch caliper size located on the lot shall count to meet this standard if appropriate tree protection measures have been followed. (Ord. No. 56-2003, adopted 211112003) Requirements for single family residential and duplex lots three-inch caliper trees selected from the Large Tree list in the City of Anna Landscape Regulations shall be planted on all single family residential, duplex, and town home lots. At least one of the trees must be placed in the front yard of the lot. Single Family Residential (SF-84) requires 3 trees. The following are approved large trees: Caddo Maple Pecan Shagbark Hickory DeodarCedar Texas Persimmon Black Walnut Eastern Black Walnut Red Cedar Eastern Red Cedar Sweetgum Southern Magnolia Chinese Pistachio Texas Pistache Bur Oak Chinquapin Oak Shumard Oak Texas Red Oak Live Oak Western Soapberry Bald Cypress Winged Elm American Elm Cedar Elm Chinese Elm Lace Barlc Elm Siberian Elm D. Off -Street Parking Requirements: All development within The Villages of Hurricane Creek Planned Development District shall comply with Section 38 of the City of Anna Zoning Ordinance. E. Residential Architectural Standards: 1) House repetition. a. Within residential developments, single family homes with substantially identical exterior elevations can only repeat every four (4) lots when fronting the same right-of-way including both sides of the street. b. Homes side by side or across the street within one house (directly across the street or "caddy corner" across the street) shall not have substantially identical exterior elevations. 2) Building Articulation. At least four facade articulation techniques are required on each single family home to add architectural variety and interest to a building. The following features shall be acceptable techniques of exterior articulation. a. A base course or plinth course; banding, moldings, or stringcourses; quoins; oriels; cornices; arches; balconies; brackets; shutters; keystones; dormers; louvers as part of the exterior wall construction. (Quoins and banding shall wrap around the corners of the structure for at least two feet. b. Horizontal banding continuing the length of the wall that faces a street, or other similar highly visible areas. c. The use of both stone and brick on the front elevations with a minimum of ten percent coverage of one of the elements. d. Front porch of at least 50 square feet. e. The installation of at least two (2) coach lights. f. Other techniques for Building Articulation can be substituted if administratively approved by the Administrative Official. 3) Roofs. a. Except for porch roofs and shed roofs, pitched roofs shall have a minimum slope of 6" x 12" (six inches vertical rise for every 12 inches horizontal run) and shall have an overhang at least 1' (one foot) beyond the building wall; however, the overhang shall not encroach into a setback more than one foot. Porch roofs and shed roofs must have a minimum pitch of 4" x 12". b. Roofing materials in all residential districts may only consist of architectural asphalt shingles (including laminated dimensional shingles), clay and concrete tile, metal shingles, mineral -surfaced row roofing, slate and slate -type shingles, wood shingles, wood shakes or an equivalent or better product as compared with said materials. Should architectural shingles be used as roofing material, said shingles shall be accompanied with a minimum 25 year warranty. Under no circumstances shall three -tab shingles be used as roofing material. 4) Garages. Garages may be front facing or J Swing type. 17 5) Fenestration. a. Windowless exterior walls, excluding garage doors that face a public right-of-way, or other similar highly visible areas are prohibited. On two story structures, windows are required on the first and second story facing a public right-of-way. b. Windows shall be in harmony with and proportionate to the rest of the structure. c. The use of reflective glass on residential structures is prohibited. Reflective glass will be defined as having a visible light reflectance rating of 15% or greater 6) Masonry Content. a. Except as noted below, the exterior walls (excluding windows and doors) on the First Floor Front Elevation of any single family home shall be 90 percent masonry and 80 percent on the second floor front elevation. The total cumulative surface area of the remaining exterior walls (excluding windows and doors) shall be 80% masonry. b. Except as noted below, the exterior walls (excluding windows and doors) on the Front Elevation of any multi -family structure shall be 100 percent masonry. The total surface area of the remaining exterior walls (excluding windows and doors) shall be 90% masonry. c. Second floor Dutch Gable Roof elements are not required to be masonry if setback at least 3 feet from the first floor front elevation vertical plane. 7) Exceptions to the Residential Architectural Standards in this section may be only occur after application and review by the Planning and Zoning Commission and approval by the City Council by Specific Use Permit. (Ord. No. 597-201Z adopted 1012312012) V. DEVELOPMENT SCHEDULE Date Total Lots 2016 250 2017 300 2018 375 2019 450 2020 550 2021 654 Home construction anticipated through the end of 2021. Section 3. Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4. Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. l9 Section 5. Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6. Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this day of 2014. ATTESTED: APPROVED: Natha Wilkison, City Secretary Mike Crist, Mayor U.TI; EXHIBIT "A" LEGAL DESCRIPTION BEING all that certain tract of land situated in then Joseph Boyle Survey, Abstract Number 105, the John Coffman Survey, Abstract Number 197 the J. M. Kincade Survey, Abstract Number 509 J. W. Mitchel Survey, Abstract Number 565 the W. Rattan Survey, Abstract Number 752 and the T. Rattan Survey, Abstract Number 785, Collin County, Texas and being all of a called 262.41 acre tract as described by deed to Villages of Hurricane Creek, LP recorded in Volume 5430, Page 9864 of County Records, Collin County, Texas and being part of a called 114.252 acre of land described by deed to Don Collins, et al recorded in Volume 5257, Page 4877 of said County Records and being more particularly described by metes and bounds as follows: BEGINNING at the southeast corner of said 262.41 acre tract, in the west line of said 114.252 acre tract: THENCE S 89°54'24"W, 2687.84 feet; THENCE N 00°04'27"W, 387.21 feet; THENCE N 89°58'14"W, 849.21 feet; THENCE N 03°33'44"E, 1188.00 feet; THENCE N 88°26'26"W, 365.15 feet; THENCE N 23°08'27"W, 67.47 feet; THENCE N 02048115"E, 1930.31 feet; THENCE N 89°52'55"E, 465.63 feet; THENCE N 8901513211E, 742.56 feet; THENCE S 90°00'00"E, 1755.97 feet to the northeast corner of said 262.41 acre tract of land and being the northwest corner of said 114.252 acre tract; THENCE N 89011'00"E, 794.06 feet; THENCE S 00010'57"W, 232.18 feet; THENCE N 89056'12"E, 1184.36 feet; THENCE S 01006'39"E, 55.96 feet to the beginning of a curve to the right; THENCE with said curve to the right, an arc distance of 205.39 feet, through a central angle of 16°48'41", having a radius of 700.00 feet, the long chord which bears S 07°17'41"W, 204.65 feet; 21 THENCE S 15°4202W, 121.60 feet; THENCE with said curve to the left, an arc distance of 205.39 feet, through a central angle of 16°48'41", having a radius of 700.00 feet, the long chord which bears S 07°17'41"W, 204.65 feet; THENCE S 01°06'39"E, 201.55 feet; THENCE with said curve to the right, an arc distance of 116.43 feet, through a central angle of 09°31'48", having a radius of 699.99 feet, the long chord which bears S 03°39'15"W, 116.30 feet; THENCE S 08°25'09"W, 393.86 feet; THENCE with said curve to the left, an arc distance of 101.69 feet, through a central angle of 08°19'23", having a radius of 700.03 feet, the long chord which bears S 04°15'28"W, 101.60 feet; THENCE S 00°05'44"W, 1035.62 feet; THENCE with said curve to the right, an arc distance of 530.61 feet, through a central angle of 43°25'52", having a radius of 700.00 feet, the long chord which bears S 21°48'40"W, 518.00 feet; THENCE S 43°31'37"W, 241.38 feet; THENCE with said curve to the right, an arc distance of 25.41 feet, through a central angle of 00°02'48", having a radius of 400.00 feet, the long chord which bears S 43°4002W, 25.41 feet; THENCE N 89°44'S0"W, 655.06 feet; THENCE S 00°56'11"E, 265.80 feet to the Point of Beginning and containing 16,037,378 square feet or 368.2 acres of land more or less. 22 EXH11311 "B" CONCEPT PLAN LII F i3wil.-i , i I - IF g - ? .IF e c� i 0,ma0� } w ,o z I m�rc m 3uwi m� a 0 �z w�mo O= w msw U K �o mfam iau��°rma U OU mumaa e'mm Z ^n�w� i o �jm�a J W & WE mm3 mX III Z € wz m zw O ¢0 Q`�a U~J OO do g2 2'F 3 oo= m N o W O?z X N m N 5C zm m Dz' mz� U L. 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Gr ryS €1 €a x €4 t €ap €e§ €F€' ear?g Eq•555{({({({ w ►L � a 33Ce e 8 I G e. $p ? 7g 'v P is ai Ct 8 3i 3i g�€P k $° e i i �; 'S� a $ tr $F s$ i s s @F a U' ea n n e a n n e ea tltl n n tltl n_ tltl tlp ey p5 CCa yfi tltl yfi . tl tln yy efi j;; z .... = R yy € a 5 G 5 G 5 S E 3 5 a fi= .. d_ .. 5 6= fi fi a W' a �s: 00) I I. lw s Y � Y v: L � 5wt, Y s�a�j�jtt i §pVPA S ^eG�Fmsc9�� 4€4 5 ' L• L � pppp �gK a a l CITY OF ANNA, TEXAS Item No. 7 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Fvhihitc December 9, 2014 City Manager Yes AGENDA SUBJECT: Public Hearing: For City Council to hear public comment regarding the creation of a Public Improvement District for the Villages of Hurricane Creek. SUMMARY: The City received a petition signed by the owners of an undeveloped tract commonly referred to as the Villages of Hurricane Creek, which is a 368.2 acre tract generally located in the city limits north of FM 455, west of Interstate Highway 75, and east of Anna's western city limits (the "Property"). The Petition requests that the City create a public improvement district ("PID") over the Property. At its August 28, 2014 special meeting the Council set a public hearing on the advisability of creating the PID. A PID is a district that can be created by a municipality under Chapter 372 of the Texas Local Government Code. The district includes a certain area of property for which public improvements are needed. When a City creates a PID, bonds can be issued to help finance public improvements that specifically benefit the district. The bonds generate some of the initial capital required for the public infrastructure, including but not limited to water, sewer, roadways, drainage, landscaping, sidewalks, parks and open space, together with the design, construction and maintenance of any ancillary structures, features or amenities such as trails, playgrounds, walkways, lighting and similar items located in the development as well as similar off -site projects that provide a benefit to the district. If created, the PID would make assessments against the owners of the Property to pay the debt service on the bonds. The assessments would initially be paid by the developer. Once the property is developed the assessments would be paid by the individual lot owners according to an assessment plan. The developer and the City's financial advisor are also in support of creating a Tax Increment Reinvestment Zone ("TIRZ") on the property as an additional means of financing public improvements. City staff has been working with the developer as well as the City's financial advisor and bond counsel in support of this development, which would be Anna's first new residential development west of U.S. 75. Staff is supportive of a development concept that would diversify the City's housing stock by providing higher -priced homes in a master planned community with public parks and amenities that would draw new residents to Anna. Staff will recommend the creation of a PID and a TIRZ if the developer commits to delivering the type of development that staff believes would greatly benefit the City. The subject development is slated for single-family homes and related amenities. The current owners are under contract to sell the development to an entity affiliated with Centurion American ("Centurion"). Most of Centurion's other single-family developments are in or near the Metroplex, with several being located in and/or planned for communities in Collin County including McKinney, Frisco, Prosper, Allen, and Celina. Some of Centurion's marketing materials of their single-family developments can be found here. http://centurionamerican.com/county/single-family/ City Staff and the City Attorney are currently working with the developer and the current owners of the Property in drafting a subdivision improvement agreement that would govern development of the Property and the financing of the public improvements through the PID and an overlapping TIRZ. This public hearing is on the advisability of creating the PID. Staff and the developer are continuing their discussions regarding the creation of the PID. It is currently anticipated that the action items for the creation of the PID will be ready for consideration by the Council in December or January. STAFF RECOMMENDATION: A public hearing on this issue was opened on September 23 and held open until the current meeting. To comply with the hearing requirements under Chapter 372, once all interested persons have had an opportunity to comment on the PID, staff recommends that the Council approve a motion to hold open and continue the public hearing on January 13, 2015 at 7:30 p.m. i CITY OF ANNA, TEXAS Item No. 8 City Secretary's use only City COuncil Agenda Staff Report Date: 12/09/14 Staff Contact: Maurice Schwanke Exhibits: Yes AGENDA SUBJECT: 15Y 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 O 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 of the property are intending on selling 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: Approval for second public hearing INSTRUCTIONS TO NEWSPAPER: Please publish this Public Hearing notice at the next available date. Please bill the City of Anna. CITY OF ANNA FIRST PUBLIC HEARING ANNEXATION OF TERRITORY The City of Anna will hold a first public hearing on Tuesday, December 9`}', at 7:30 p.m. at the Community Room of the Anna City Hall Administration Building located at 111 North Powell Parkway (Hwy 5) regarding annexation of the following tract: A tract of land in the J C Brantley Survey, Abstract A0114 generally located south of County Road 376 east of County Road 427 and d adjacent to the city limits, containing approximately twenty-four (24) acres more or less, property being owned by Leonard OP JR Investment CO and Nancy Alice Leonard Investment CO Leonard Enterprises. The annexation is being undertaken as a result of petition of the property owner. Additional information regarding the annexation can be secured from the office of the Planning and Development Department, City of Anna, by phone at 972-924-2616, by mail at P. O. Box 776, Anna, TX 75409, or by personal inquiry at the Anna City Hall, 3223 N. Powell Parkway, Anna, TX 75409. These public hearings are an opportunity for citizens of Anna to comment on the proposed annexation. Persons unable to attend the hearings may submit their comments in writing to the City Secretary, PO Box 776, Anna, TX 75409 or through personal deliver at the Ana City Hall Administration Building, 111 N. Powell Parkway, Anna, TX, 75409. AFFI.iCA1IOtU/PETITION FOR ANNEXAs N:ON Include with Application: Legal Description of Property with surveyor's stamp Map Showing location of property A lication Fee: 100 io tfroe Niayor and Governin! odgi of fire City o, Anna, texas I (we), the undersigned, being owners) of Iroperty that is within the existing extraterritorial jurisdiction of the City of Anna, Texas, hereby petition your honorable body to extend the present city lir-nits so as to include the territory more fully described in Exhibit A, attached hereto and incorporated herein for all intents and purposes. I (we) am (are) the owner(s) and/or legally represent the owner(s) of the property described in Exhibit A, on which less than three qualified voters reside. (We) certify that this Petition is signed and acknowledged by each and every corporation and person owning the described land or having an interest in any part thereof. The undersigned represents) that he (they) and all other owners desire to be annexed to and made part of the City of Anna, Texas, subject to all laws, rules, and regulations of said city. Printed Name G� Signature Printed Name Name of Property and C►4rJ 17u f Per L4 /�S zre.�. CGG Date STATE OF TEXAS COUNTY OF ��t7.��� S This instrument was acknowledged before me by On the `f)� Notary Public in and for the State Ye of Texas , My Commission Expires: l ' /— �/ �O alb- , 07- 15-2€� IG EXHIBIT B 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. 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 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. 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 Local Government Code, Section 43.056. Page 4 of 4 ■ CITY OF ANNA, TEXAS Item No. 9 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: Yes 12/09/14 Maurice Schwanke AGENDA SUBJECT: 15t 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 cities is often crucial to establishing and maintaining urban order and effective government. This proposed involuntary annexation involves approximately 226.62 acres of land located immediately north of the Falls and Creekside subdivisions on both sides of County Road 370. The land is currently used for agricultural purposes and is surrounded on all four sides by properties that are inside the city limits. The Planning and Zoning Commission recommended approval of the annexation at their regular meeting on December 1St, 2014. STAFF RECOMMENDATION: Hold public hearing INSTRUCTIONS TO NEWSPAPER: Please publish this Public Hearing notice at the next available date. Please bill the City of Anna. CITY OF ANNA FIRST PUBLIC HEARING ANNEXATION OF TERRITORY The City of Anna will hold a first public hearing on Tuesday, December 9t�', 2014, at 7:30 p.m. at the Community Room of the Anna City Hall Administration Building located at 111 North Powell Parkway (Hwy 5), Anna, Texas, regarding annexation of the following: 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. Additional information regarding the annexation can be secured from the office of the Planning and Development Department, City of Anna, by phone at 972-924-2616, by mail at P. O. Box 776, Anna, TX 75409, or by personal inquiry at the Planning and Development Department, City of Anna, 3223 N Powell Parkway, Anna, TX, 75409. These public hearings are an opportunity for citizens of Anna and residents/property owners in the affected areas to comment on the proposed annexation. Persons unable to attend the hearings may submit their comments in writing to the City Secretary, P. O. Box 776, Anna, TX 75409 or through personal deliver at the Anna City Hall Administration Building, 111 N. Powell Parkway, Anna, TX, 75409. URLDIRFA ANNEXATION SERVICE PLAN 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 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. 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. 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 Local Government Code, Section 43.056. Page 4 of 4 CITY OF ANNA,TEXAS AGENDA SUBJECT: Item No. I0 City Secretary's use only City Council Agenda Staff Report Date: 12/09/14 Staff Contact: Maurice Schwanke Exhibits: Yes Consider/Discuss/Action regarding a Resolution initiating proceedings, and setting the dates and times for public hearings to be held in connection with the proposed annexation of approximately 64.1 acres of land located in the Guinn Morrison survey abstract number 559 and the Hiram Brinlee Survey Abstract number 30. The property is located north of Foster Crossing Blvd and is traversed by County Road 419. The annexation consists of 4 parcels of land. SUMMARY: This proposed involuntary annexation involves approximately 64.1 acres of land located north of Foster Crossing Blvd. on both sides of County Road 419. The land is currently used for agricultural purposes, A GCEC Electrical power substation, an industrial site with large pipe and pole storage and construction staging uses, The area is adjacent to the city limits on the west. Approximately 28 acres of the proposed annexation is slated to become a concrete batch plant owned by Tricycle Lane Texas LLC. This owner is also known as Burnco which is currently preparing a Development Plat for their facility. Traversing the site will be a major Collector Street in 120' of right-of-way that will need to be reserved or dedicated. The Resolution (if approved) would initiate or begin the annexation process for the area shown on the attached Exhibit A. If the Resolution is adopted, the City will schedule two public hearings that will be held during City Council Meetings on January 13, 2014 and January 27, 2014. A final vote on the annexation could occur during the February 241n Council Meeting. Prior to annexing properties that are appraised for property tax purposes as land for agricultural, wildlife management use, or as timber land (as defined in Subchapter C, D, or E Chapter 23, Tax Code) the City is required to offer to make a development agreement with the landowner. Such a development agreement would: 1) guarantee the continuation of the extraterritorial (outside the city limits) status of the property for a period of time; and 2) authorize the enforcement of all regulations and planning authority of the city that do not interfere with the use of the property for agriculture, wildlife management, or timber. The City could elect to proceed with annexation of property with a qualifying tax exemption if the owner declines a development agreement offer extended by the City. The attached Resolution directs the City Manager to offer the Development Agreement referenced in the Resolution as Exhibit B to owners of property with the agricultural exemption located within the area proposed for annexation. The proposed Development Agreement (if executed by the property owner & approved by the Council) would guarantee that the property would remain outside the city limits for one 1 year. Prior to adopting the Resolution, the Council may adjust the term of the agreement (Exhibit B, Section 5) as it deems appropriate. At the conclusion of the term of the agreement, the property owners would consent to voluntary annexation. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution. CITY OF ANIMA, TEXAS RESOLUTION NO. A RESOLUTION ESTABLISHING THE DATES, TIMES, AND PLACES FOR PUBLIC HEARINGS FOR THE ANNEXATION OF PROPERTY AND DIRECTING THE CITY MANAGER TO OFFER ON BEHALF OF THE CITY TO MAKE A DEVELOPMENT AGREEMENT WITH THE OWNERS OF S AID PROPERTIES WITHIN THE AREA PROPOSED FOR ANNEXATION WHEREAS, in order to better protect the health, safety, and welfare of the citizens of Anna, the City Council of the City of Anna wishes to consider annexation of certain property described as an approximately 64.1 acres of land located in the Guinn Morrison Survey, Abstract No. 559 and the Hiram Brinlee Survey Abstract, No. 30; as depicted in Exhibit A; and WHEREAS, said territory lies adjacent or Contiguous to the present boundaries of the City of Anna, Texas; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANIMA THAT Section 1. The City Council of the City of Anna hereby proposes to annex the property Shown in Exhibit A. Section 2. Public hearings regarding the proposed annexation are hereby scheduled as follows: 15t Public Hearing —January 13t" , 2014 at 7:30 p.m. in the City Council Chambers at the Anna City Hall Administrative Building, 111 N. Powell Pkwy, Anna, TX 2nd public Hearing —January 27t", 2014 at 7:30 p.m. in the City Council Chambers at the Anna City Hall Administrative Building, 111 N. Powell PI<wy, Anna, TX Section 3. The City Council hereby directs the City Manager to prepare a service plan that provides for the extension of full municipal services as required and appropriate for the area shown in Exhibit A. Section 4. The City Council hereby directs the City Manager to offer on behalf of the City, to make the Development Agreement, attached hereto as Exhibit B, with the owners of the properties that are appraised for property tax purposes as land for agricultural, wildlife management use, or as timber land (as defined in Subchapter C, D, or E Chapter 23, Tax Code). The City is required to offer to make a development agreement with the landowner located within the area proposed for annexation. PASSED by the following vote of all members of the City Council as present on this the 9t" day of December 9, 20145 ATTEST: City Secretary, Natha WIIkISon Mayor, Mike CI isL STATE OF TEXAS ) COUNTY OF COLLIN ) CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE DEVELOPMENT AGREEMENT This Agreement is entered into pursuant to Sections 43.035 and/or 212.172 of the Texas Local Government Code by and between the City of Anna, Texas (the "City") and the undersigned property owner(s) (the "Owner"). The term "Owner" includes all owners of the Property. WHEREAS, the Owner owns a parcel of real property(s) (the "Property") in Collin County, Texas, in the Guinn Morrison survey abstract number 559 and the Hiram Brinlee Survey Abstract number 30; and as shown in the attached Exhibit "A"; and WHEREAS, the Owner desires to have the Property remain in the City's extraterritorial jurisdiction, in consideration for which the Owner agrees to enter into this Agreement; and WHEREAS, this Agreement is entered into pursuant to Sections 43.035 and/or 212.172 of the Texas Local Government Code, in order to address the desires of the Owner and the procedures of the City; and WHEREAS, the Owner and the City acknowledge that this Agreement is binding upon the City and the Owner and their respective successors and assigns for the term (defined below) of this Agreement; and WHEREAS, this Development Agreement is to be recorded in the Real Property Records of Collin County. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: Section 1. The City guarantees the continuation of the extraterritorial status of the Owner's Property, its immunity from annexation by the City, and its immunity from City property taxes, for the term of this Agreement, subject to the provisions of this Agreement. Except as provided in this Agreement, the City agrees not to annex the Property, agrees not to involuntarily institute proceedings to annex the Property, and further agrees not to include the Property in a statutory annexation plan for the Term of this Agreement. However, if the Property is annexed pursuant to the provisions of this Agreement, then the City shall provide services to the Property pursuant to Chapter 43 of Texas Local Government Code. Section 2. The Owner covenants and agrees not to use the Property for any use other than for agriculture, wildlife management, and/or timber land consistent with Chapter 23 of the Texas Fax Code, without the prior written consent of the City. The Owner covenants and agrees that the Owner will not file any type of subdivision plat or related development document for the Property with Collin County or the City until the Property has been annexed into, and zoned by, the City. The Owner covenants and agrees not to construct, or allow to be constructed, any buildings on the Property that would require a building permit if the Property were in the city limits, until the Property has been annexed into, and zoned by, the City. The Owner also covenants and agrees that the City's SF-E—Single Family Residential — Large Lot District zoning requirements apply to the Property, and that the Property shall be used only for SF-E—Single Family Residential — Large Lot District zoning uses that exist on that Property at the time of the execution of this Agreement, unless otherwise provided in this Agreement. The Owner acknowledges that each and every owner of the Property must sign this Agreement in order for the Agreement to take full effect, and the Owner who signs this Agreement covenants and agrees, jointly and severally, to indemnify, hold harmless, and defend the City against any and all legal claims, by any person claiming an ownership interest in the Property who has not signed the Agreement, arising in any way from the City's reliance on this Agreement. Section 3. The Owner acknowledges that if any plat or related development document is filed in violation of this Agreement, or if the Owner commences development of the Property in violation of this Agreement, then in addition to the City's other remedies, such act will constitute a petition for voluntary annexation by the Owner, and the Property will be subject to annexation at the discretion of the City Council. The Owner agrees that such annexation shall be voluntary and the Owner hereby consents to such annexation as though a petition for such annexation had been tendered by the Owner. If annexation proceedings begin pursuant to this Section, the Owner acknowledges that this Agreement serves as an exception to Local Government Code Section 43.052, requiring a municipality to use certain statutory procedures under an annexation plan. Furthermore, the Owner hereby waives any and all vested rights and claims that they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owner has taken in violation of Section 2 herein. The Owner further agrees that the Owner will not in any manner contest any annexation of the Property initiated by the City under this Section or any annexation of the Property completed by the City after the Term of this Agreement. Section 4. Pursuant to Sections 43.035(b)(1)(B) of the Texas Local Government Code, the City is authorized to enforce all of the City's regulations and planning authority that do not materially interfere with the use of the Property for agriculture, wildlife management, or timber, in the same manner the regulations are enforced within the City's boundaries. The City states and specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212 development agreement. Section 5. The term of this Agreement (the "Term") is oneyear from the date that the City Manager's signature to this Agreement is acknowledged by a public notary. The Owner, and all A the Owner's heirs, successors and assigns shall be deemed to have filed a petition for voluntary annexation before the end of the Term, for annexation of the Property to be completed on or after the end of the Term. Prior to the end of the Term, the City may commence the voluntary annexation of the Property. In connection with annexation pursuant to this section, the Owners hereby waive any vested rights they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any application, plan, plat or construction any of the owners may submit or initiate during the time between the expiration of this Agreement and the institution of annexation proceedings by the City. Section 6. Property annexed pursuant to this Agreement shall be temporarily classified as SF-E Single Family Residential — Large Lot District until permanent zoning is established by the City Council pursuant to the City's Code of Ordinances, pending determination of the Property's permanent zoning in accordance with the provisions of applicable law and the City's Code of Ordinances. Section 7. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, gives written notice of this Agreement to the prospective purchaser or grantee, and shall give written notice of the sale or conveyance to the City. Furthermore, the Owner and the Owner's heirs, successor, and assigns shall give the City written notice within 14 days of any change in the agricultural exemption status of the Property. A copy of either notice required by this section shall be forwarded to the City at the following address. City of Anna Attn: City Manager 111 N. Powell Parkway Anna, Texas 75409 Section 8. This Agreement shall run with the Property and be recorded in the real property records of Collin County, Texas. Section 9. If a court of competent jurisdiction determines that any covenant of this Agreement is void or unenforceable, including the covenants regarding involuntary annexation, then the remainder of this Agreement shall remain in full force and effect. Section 10. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Section 11. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City's ability to annex the properties covered herein pursuant to the terms of this Agreement. Section 12. Exclusive jurisdiction and venue for disputes arising out of or related in any way to this Agreement shall be in Collin County, Texas. Section 13. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument. Section 14. This Agreement shall survive its termination to the extent necessary for the implementation of the provisions of Sections 3, 4, and 5 herein. Entered into this day of Philip Sanders City Manager, City of Anna, Texas THE STATE OF TEXAS } COUNTY OF COLLIN } 1►z���l This instrument was acknowledged before me on the _day of 2014, by Philip Sanders, City Manager, City of Anna, Texas. Notary Public, State of Texas Owner 1 Printed Name: THE STATE OF TEXAS } COUNTY OF } This instrument was acknowledged before me on the _day , Owner 1. Notary Public, State of Texas Owner 2 Printed Name: THE STATE OF TEXAS } COUNTY OF } of 2014, by This instrument was acknowledged before me on the _day of 1 20141 by , Owner 2. Notary Public, State of Texas Owner 3 Printed Name: THE STATE OF TEXAS } COUNTY OF } This instrument was acknowledged before me on the _day of 2014, by , Owner 3. Notary Public, State of Texas Owner 4 Printed Name. THE STATE OF TEXAS } COUNTY OF } This instrument was acknowledged before me on the _day of 2014, by Owner 4. 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CITY OF ANNA, TEXAS Item No. 1 I City Secretary's use only City Council Agenda Staff Report Date: December 9, 2014 Staff Contact: Chief Jenks Exhibits: n/a AGENDA SUBJECT: Public Hearing (1St): For City Council to hear public comment regarding the need to continue in effect current curfew for minors Ordinance No. 208- 2005. 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: N/A: This is a public hearing CITY OF ANNA, TEXAS Item No. 12 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: 12/9/2014 Jessica Perkins yes AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving a consulting Agreement with David Funderburg and Associates and the Anna Economic Development Corporation. SUMMARY: One of City Council's strategic goals is to develop a high tech business park in Anna. This resolution would allow the EDC to hire David Funderburg and Associates, an experienced group in establishing successful tech parks, to evaluate 4 pieces of property to evaluate their potential as a tech park. Having a list of attributes and characteristics of each property will better allow the EDC board and staff to determine what property has the most potential for the next steps. STAFF RECOMMENDATION: Staff recommends you approve the resolution. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA APPROVING AND AUTHORIZING THE ANNA ECONOMIC DEVELOPMENT CORPORATION TO PROCURE PROFESSIONAL SERVICES FOR STRATEGIC ECONOMIC DEVELOPMENT PLANNING AND MARKETING WHEREAS, the City of Anna City Council intends to allow the Anna Economic Development Corporation (the "EDC") to procure the professional consulting services of David D. Funderburgh Real Estate Investments, Inc., a Texas corporation d/b/a Funderburgh Realty for strategic economic development planning and marketing; and WHEREAS, the City of Anna City Council has found and determined that the expenditure for the above -referenced services are in the best interests of the EDC and will promote economic development and expanded business enterprise in the City of Anna; NOW THEREFORE, BE IT RESOLVED BY THE CITY OF ANNA CITY COUNCIL: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Authority for Expenditure The City of Anna City Council hereby authorizes the EDC's Board of Directors, subject to approval of the form and content by the EDC's legal counsel, a contract with David D. Funderburgh Real Estate Investments, Inc., a Texas corporation d/b/a Funderburgh Realty for professional consulting services not to exceed $36,500 without further approval, said authority to include execution of all necessary documents to consummate the business relationship with said consultant. PASSED AND APPROVED by the City Council of the City of Anna this day of 2014 APPROVED: ATTEST: Mike Crist, Mayor Natha Wilkison, City Secretary CITY COUNCIL OF ANNA, TEXAS RESOLUTION NO._ PAGE 1 OF 1 PROFESSIONAL SERVICES AGREEMENT FOR SITE EVALUATION SERVICES STATE OF TEXAS § COUNTY OF COLLIN § This Professional Services P,greement for Site Evaluation Consulting Services (this "Agreement") by and between Anna Economic Development Corporation, a Texas Type A development corporation, with its principal office at 111 North Powell Parkway, Anna, Collin County, Texas 75409, hereinafter called "AFDC" and David D. Funderburgh Real Estate Investments, Inc., a Texas corporation d/b/a Funderburgh Realty with its principal office at 9535 Forest Ln Ste 206, Dallas, TX 75243, hereinafter referred to as "CONSULTANT". CONSULTANT will involve the services of Richard A. Ferrara, AIA, an individual and Kimley Horn and Associates, Inc. a North Carolina corporation, d/b/a Kimley Horn, hereinafter individually or collectively referred to as "SUB -CONSULTANTS". WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 ENGAGEMENT OF CONSULTANT AFDC hereby contracts with CONSULTANT, as an independent contractor, and CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas. Said obligations and the professional services to be rendered under this Agreement are in connection with the following described project (referenced herein as the "Project"): Initial discovery and preliminary due diligence in the form of an evaluation study to assist the AEDC with selecting a location for the creation of anew technology business park, said services being described with more particularity in Article 2 of this Agreement. ARTICLE 2 SCOPE OF SERVICES CONSULTANT shall perform the following services in a professional manner: A. CONSULTANT shall perform all those services within the description of the "Project" as set forth in Article 1. Be The scope of services shall further include all services set forth in a 17-page document titled "Business Technology Park Proposal for Site Evaluation Services" dated October 17, 2014 a copy of which is attached to this Agreement as Exhibit A. PROFESSIONAL SERVICES AGREEMENT FOR SITE EVALUATION SERVICES Page 1 of 9 ARTICLE 3 PERIOD OF SERVICE, PROJECT DESIGNEE This Agreement shall become effective as of the date that all of the following have occurred: (1) the duly authorized representative of CONSULTANT executes this Agreement; (2) this Agreement, fully executed, has been delivered to AFDC; and (3) the City of Anna, Texas City Council has duly approved of AFDC entering into this Agreement. This Agreement shall remain in force for the period which may reasonably be required for the completion of the Project, which is estimated to be eight (8) weeks subsequent to the execution of this Agreement and any reasonable extensions approved by AEDC. CONSULTANT shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible and to meet the schedule(s) established by AEDC, acting through its Project designee, who shall be its Chief Administrative Officer ("CAO") unless otherwise designated in writing by AEDC. ARTICLE 5 COMPENSATION AFDC shall compensate CONSULTANT in the total not -to -exceed amount of $36,500 for all services rendered that are described under Article 2; to be paid within thirty (30) days of delivery to AEDC of an invoice certifying completion of said services; provided, however, that AEDC shall not be obligated to make any payment unless and until all of the services described under Article 2 have been fully and satisfactorily performed by CONSULTANT. Payment of the compensation due under this Agreement shall be in the form of a check made payable to "Funderburgh Realty" and said compensation may be divided amongst CONSULTANT and SUB -CONSULTANTS as determined by CONSULTANT. ARTICLE 6 OBSERVATION AND REVIEW OF THE WORK CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to AEDC any defects or deficiencies in the work of CONSULTANT or any partners, affiliates, subcontractors, or subconsultants that perform any work in connection with the Project. ARTICLE 7 OWNERSHIP OF DOCUMENTS All documents prepared or furnished by CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of AEDC upon the termination of this Agreement. CONSULTANT and the SUB -CONSULTANTS will be entitled to retain copies of all such documents. The documents prepared and furnished by CONSULTANT are intended only to be applicable to this Project, and AEDC's use of these documents in other projects shall be at AEDC's sole risk and expense. In the event AEDC uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein and by PROFESSIONAL SERVICES AGREEMENT FOR SITE EVALUATION SERVICES Page 2 of 9 CONSULTANT at the time such information and materials are delivered, CONSULTANT is released from any and all liability relating to such use in such other project. -s ! CONSULTANT shall provide services to AEDC as an independent contractor, not as an employee of the AEDC. CONSULTANT is not employed by the AEDC and shall not have or claim any right that would arise from employee status. AFDC shall not control the means, methods, sequences, procedures, or techniques utilized by CONSULTANT to perform work or services under this Agreement or any associated task order. ARTICLE 9 AUDITS AND INSPECTION AFDC shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. CONSULTANT shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and two years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved; provided that such period shall not exceed five years after the end of the contract period. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, CONSULTANT shall, to the best of CONSULTANT'S ability, also require all subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow AEDC similar access to those documents. All books and records will be made available electronically or within a 50 mile radius of the City of Anna. Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, a sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include electronic files, even if such electronic files are subsequently used to generate or prepare a final printed document. ARTICLE 10 INDEMNITY AGREEMENT CONSULTANT shall indemnify, defend, and save and hold harmless AEDC and its officersI agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the AEDC, that is caused by or results from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the CONSULTANT or the CONSULTANT'S agent, another consultant under contract over which the CONSULTANT exercises control, or another entity over which the CONSULTANT exercises control. PROFESSIONAL SERVICES AGREEMENT FOR SITE EVALUATION SERVICES Page 3 of 9 Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 11 INSURANCE During the performance of the services under this Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above: A. Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. B. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. C. CONSULTANT shall furnish insurance certificates or insurance policies at AEDC's request to evidence such coverages. The insurance policies shall name AEDC as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without 30 days' prior written notice to AEDC and CONSULTANT. In such event, CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. ARTICLE 12 TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminate by gg 30 days' advance written notice to the other party. B. If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to AEDC within 30 days after the date of termination. AEDC shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article 5 "Compensation." Should AEDC subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information obtained by CONSULTANT up to the time of termination. CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to AEDC on or before the date of termination, but may maintain copies of such documents for its use. PROFESSIONAL SERVICES AGREEMENT FOR SITE EVALUATION SERVICES Page 4 of 9 ARTICLE 13 RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the AEDC shall not constitute, nor be deemed a release of the responsibility and liability of CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by AEDC for any defect in the design or other work prepared by CONSULTANT, its employees, subcontractors, agents, and consultants. ARTICLE 14 NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three days after mailing: To CONSULTANT: Funderburgh Realty 9535 Forest Ln Ste 206, Dallas, Texas 75243 To AFDC: Constance Stump AEDC President 111 North Powell Parkway P.O. Box 776 Anna, Texas 75409 With a mandatory copy to: Clark McCoy Wolfe, Tidwell &McCoy, LLP 2591 Dallas Parkway, Suite 205 Frisco, Texas 75034 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three days after mailing. ARTICLE 15 ENTIRE AGREEMENT This Agreement constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior or contemporaneous offers, promises, representations, PROFESSIONAL SERVICES AGREEMENT FOR SITE EVALUATION SERVICES Page 5 of 9 negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. ARTICLE 16 SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE 17 COMPLIANCE WITH LAWS To the best of CONSULTANT'S reasonable information, knowledge and belief, CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. ARTICLE 18 DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE 19 PERSONNEL A. CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with AFDC. CONSULTANT shall inform AEDC of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. B. All services required hereunder will be performed by CONSULTANT or under its supervision. All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services. ARTICLE 20 ASSIGNABILITY PROFESSIONAL SERVICES AGREEMENT FOR SITE EVALUATION SERVICES Page 6 of 9 CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of AEDC. ARTICLE 21 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. ARTICLE 22 MISCELLANEOUS A. To the extent of any conflict between the terms of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits or task orders. The following exhibits are attached to and made a part of this Agreement: Exhibit A — Business Technology Park Proposal for Site Evaluation Services (17 pages) B. CONSULTANT agrees that AFDC shall, until the expiration of two years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of CONSULTANT involving transactions relating to this Agreement. CONSULTANT agrees that AEDC shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section. AEDC shall give CONSULTANT reasonable advance notice of intended audits. C. Exclusive jurisdiction and venue of any suit or cause of action under this Agreement shall lie exclusively in Collin County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. D. For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be David Funderburgh and the SUB -CONSULTANTS. However, nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the services required herein. E. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance PROFESSIONAL SERVICES AGREEMENT FOR SITE EVALUATION SERVICES Page 7 of 9 with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by AFDC. F. AEDC shall assist CONSULTANT by placing at CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for CONSULTANT to enter in or upon public and private property as required for CONSULTANT to perform services under this Agreement. G. CONSULTANT shall at all times maintain AEDC'S confidential or proprietary information in confidence and shall disclose same to third parties only as specifically instructed by AEDC or as may be compelled under court order. Any disclosure of privileged or confidential information by AEDC to CONSULTANT is in furtherance of AEDC 's purposes and is not intended to and does not waive any privileges that may exist with regard to such information. H. The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. IN WITNESS HEREOF, the Anna Economic Development Corporation has caused this Agreement to be executed by its duly authorized officer, and CONSULTANT has executed this Agreement through its duly authorized undersigned officers. ATTEST: ANNA ECONOMIC DEVELOPMENT CORPORATION By: its President Date of execution: AFDC Secretary CONSULTANT: David D. Funderburgh Real Estate Investments, Inc., a Texas corporation d/b/a Funderburgh Reality By: _ D. F�nde ution: h, its President PROFESSIONAL SERVICES AGREEMENT FOR SITE EVALUATION SERVICES Page 8 of 9 (title) PROFESSIONAL SERVICES AGREEMENT FOR SITE EVALUATION SERVICES Page 9 of 9 THE CITY OF NAIT//r4 Y OURI HOME' BUSINESS TECHNOLOGY PARK PROPOSAL for SITE EVALUATION SERVICES October, 2014 Richard A. Ferrara, AIA, Architect Emeritus Kimley>>> Horn October 17, 2014 City of Anna Economic Development Corporation c/o Jessica Perkins, Assistant to the City Manager CITY OF ANNA, TEXAS 101 N. Powell Parkway Anna, Texas 75409-0776 Re: Proposal for Business Technology Park Evaluation Services Anna, Texas Dear Jessica, Thank you for the opportunity to assist the City of Anna as you contemplate the development of a business technology park. Our team appreciates you and your associates making the time to visit with us and, as requested, we are pleased to present for your consideration this proposal for consulting services. THE ECONOMIC CHALLENGE The City of Anna website states your Strategic Vision as: ANNA IS OUR HOMETOWN. In order to protect and promote our community vision, we will implement policies that: • Promote the development of a full service community • Encourage small business development • Foster an environment that encourages multi -generational living • Exercise responsible stewardship over natural resources, and Consistent with achieving these goals, the City of Anna Economic Development Corporation k"AEDC") has further identified the need in the community to provide strategies to: • Better equalize the balance between the residential ad valorem tax base and the commercial ad valorem tax base. • Provide high quality commercial facilities to attract new business ventures. � cn • Provide alternative physical expansion spaces to incubate, support and encourage the growth of existing businesses in Anna. In response to these challenges, the AEDC has envisioned the creation of a new business technology park. We are pleased to be considered to provide initial discovery and preliminary due diligence in the form of an evaluation study to assist the AEDC with your deliberations. OUR APPROACH We propose to involve the following individuals. Each of these seasoned professionals has experience in numerous commercial real estate ventures and, specifically, the evolution, planning and execution of similar business technology parks. We believe that we can assist the AEDC in making their vision in to reality. David Funderburgh David is an experienced commercial real estate consultant and broker. He has provided advisory services for almost twenty years through Funderburgh Realty. Prior to establishing his own company David was associated for over ten years as Vice President and Portfolio Manager with the commercial real estate division of First Gibraltar Bank, FSB and its successor institutions. David's unique background in finance and as a commercial Broker is further complemented by his also being a licensed Architect. His broad, practical real estate and construction expertise will be useful to this study and assure that market considerations and economic issues will also be addressed. David has previously worked with several economic development corporations in the North Central Texas area in solving land acquisition and building related assignments. Richard A. Ferrara, AIA, Architect Emeritus Richard has over forty years of experience in providing architectural, land planning and zoning related services. He has planned and designed numerous large scale mixed use developments. In addition, he has been involved with the creation of thousands of acres of business technology parks including the acclaimed Rockwall Tech Park and the city of A1len's Millennium Park I & II Corporate Center. He has also been the lead Architect for � c� several million square feet of buildings. Richard will essentially be the creative director providing analysis of the property influences and suggesting layouts to harmonize with features of the land / surrounding environment. Devin,D. King, P.E. &Roy L. Wilshire, P.E. LEED AP Kimley-Horn and Associates, Inc. Devin and Roy bring the civil engineering resources of Kimley-Horn to the project. Kimley-Horn is a multi -disciplinary engineering consulting firm offering services to a wide range of public and private interests. They have significant experience with business campuses / tech park requirements and are providing civil engineering services for the Anna Town Center currently being developed by Chief Partners. They have an on -going relationship with the City of Anna public works services and will be furnishing due diligence research and analyses for the study. IDENTIFICATION of the TARGET PROPERTIES The AEDC has identified the following four properties to be the subjects for our study: � cis Property No. 1. Property Owner: Skorburg Company Property Owner of Record: Anna Town Center 44\Ship Ltd Two Turtle Creek Village Approximately 115 gross acres. Estimated 7045 acres net of DART rail line, S.H. 5 ROW and gas line easement. Property No. 2 Property Owner: Anna Ranch 157 LLC Partnership Approximately 151.53 acres. Property No. 3 Property Owner: Aycock R & D, Ltd. Approximately 142.332 acres. Property No. 4 Property Owner: Harlan Properties, Inc. Approximately 246.815 acres SCOPE OF SERVICES All real estate is unique for each tract studied. We will utilize our combined experiences in evaluating the individual characteristics of each property selected. Our analysis will incorporate the positive attributes as well as the negative issues that influence desirability and impact the acquisition value for each opportunity. Lastly, we will weigh timing concerns as to the economic maturity of the surrounding environment. Our approach will be systematic. We will hope to ultimately accumulate sufficient information about the properties to enable the AEDC to make informed decisions. � c� Land Ownership We will retain a property title insurance company to produce preliminary title information about the selected sites. Through this process we will review the publically available issues relative to the selected parcels for concerns such as easements, retained or perpetual property rights and investigate potential encumbrances. •'® Governmental Processes d When available, we intend to research and consider the following: • Building codes and Building Permit • Landscape ordinances related fees • Platting issues/status/process • Roadway /Utility Impact Fees • Zoning restrictions and processes • ROW dedication or pending ROW • Architectural/deed controls (if • Utility easement requirements known) m:� Transportation /Vehicular Issues Again, when available, we intend to research and consider the following: • Physical characteristics of bordering land parcels • Future thoroughfares or anticipated plans • Driveway, Deceleration Lane, Median or boulevard openings • TxDot and City regulations •'� Boundaries &Easements • Potential traffic flow issues and traffic controls + Future roadway/drainage construction funding or construction + Rights/obligations related to properties in the vicinity • Visibility / signage concerns We will note any apparent encroachments or protrusions that we discover on the properties. Also, on the basis of our investigation, we will comment on any title impediments such as boundary concerns, recorded easement documents or jurisdictional constraints. � c� ❖ Potential Nuisances, Hazards or Floodplain Matters We will physically visit the parcels to observe any adverse land uses that might affect the subject parcels. We will note any observable issues such as wet lands, landfill activity, sewage treatment, power generation substations/transmission lines or other possibly objectionable items. We will identify any regulatory FEMA floodplain that may appear to exist on the selected sites, per the available FEMA maps, and comment on the watershed characteristics in the area. ❖ Topography, Grading and Drainage Conditions On the basis of readily available existing topographic maps together with our on -site observations we will comment on the significance of the current topography and the potential developmental costs associated with existing ponds, lakes and/or views from the sites. Any general observations will be reported regarding soils or geology, predominate soil types, need of geotechnical reports, groundwater or percolation testing. We will also form a conceptual opinion as to the likelihood of requiring imported fill material from off site locations and whether or not municipal assistance might be available for participation in potential drainage improvements to the area. Lastly, we will conceptually review the necessity for on -site detention facilities, based on the current City drainage criteria and existing surrounding infrastructure. ❖ Utilities We will identify the current capacity of :the existing utilities, based on maps and plans provided to us by City staff, any proposed utility expansions / relocations and the telecommunication facilities serving the area. We will also identify the various service providers and provide our opinion as to the need for off -site utility extensions to serve the subject parcels, based on timely responses received by local utility service providers identified. � c� ❖ Illustrative Site Plans The results of our analyses and overview will be developed in to a conceptual site plan for each property including the following: • Recommended general layout Landscape massing • Points of entry • Defining signage locations • Vehicular circulation patterns • Vision corridors • Developmental phasing • Division of the various user parcels • Suggested water features • Bicycle/pedestrian trails �:• Land Valuation Lastly, we will research comparable land sales and provide an opinion of market value for the various subject parcels. This should assist the AEDC in determining the economic viability of the selected sites as well as form the initial basis for acquisition negotiation. � c� Production Time Frame and Professional Service Fees We will provide the AFDC with a .pdf digital file and eight (8) bound copies of our study findings. We will transmit copies of our completed study to you and then meet with you and your Board one time in a work session environment to review our conclusions and respond to any questions. We would intend to complete this study in approximately five (5) weeks subsequent to the execution of this proposal letter, at which time our fees would be earned and payable. We propose to complete the proposed scope of services for the four (4) sites for a not to exceed fee of $36,500.00 to be paid within fifteen (15) days of delivery of our invoice certifying completion of our services. If we are able to expeditiously obtain our due diligence information from the city staff and related utility servicers we will pass those savings along to the AEDC. � c�3 Disclosure of No Interest Funderburgh Realty, Richard A. Ferrara, MA., Architect Emeritus and KiIII ley -Horn and Associates, Inc. certify that we have no undisclosed interest in any real property located in Anna, Texas that is the subject of this report and that our engagement and compensation for this study will not be contingent upon the results of our analysis. This is a very exciting opportunity and we are confident that we can assist the AEDC in a variety of dimensions. If the foregoing meets with your approval, please indicate your acceptance by executing this letter in the space provided below and returning the original to our offices at your earliest convenience. We are gratefzcl,for the opportunity to be considered to serve the AEDC and the citizens of the City of Anna in the preparation of this study. Very truly yours, FUNDERBURGH REALTY CORPORATION ACCEPTED AND APPROVED: City of Anna Economic Development Corporation Jessica Perkins, Assistant to the City Manager and ED Director Date � cy3 DAVID D. FUNDERBURGH 9535 FOREST LANE, SUITE 206 DALLAS, TEXAS 75243 FRC l 000@A0LaC0M PROFESSIONAL E X P E R I E N C E FUNDERBURGH REALTY CORPORATION (1995 to Present) Providing commercial real estate brokerage, development, tenant/landlord representation and advisory services to the private, municipal and institutional investment communities. Offering diversified financial assistance in the evaluation of real estate assets for acquisition, market positioning and disposition. FGB REALTY ADVISORS, INC. FIRST NATIONWIDE BANK, FEDERAL SAVINGS BANK (Formerly FIRST GIBRALTAR BANK, FSB and FIRST MADISON BANK, FSB ) (1984 to 1995 ) VICF. PRESIDENT, PORTFOLIO MANAGER. (1988 to I YYJ ) Management of commercial real estate portfolios to promote near term profitability and ultimate disposition value of the assets. Responsible for the creation and implementation of financial objectives through the engagement / oversight of third party real estate professionals. Conducted multiple asset sale events including various seller retained loan facilities. Directed development of property rehabilitations as an adjunct to value enhancement programs. Experienced in federal contracting functions as well as private interests. Portfolio dimension extended to $130 Million in book value with multiple commercial properties and 2,900 multi -family units. VICE PRESIDENT. MANAGER, TEAM LEADER. (1984 to 1988) Administered a commercial real estate loan team portfolio ranging in book value to $350 Million. Maintained J monitored corporate financial goals while attempting to mitigate the risks inherent in major real estate lending and workouts. Independently performed numerous loan modification negotiations / closings together with extensive participation in legal document preparation. ARCIiITECTURAL PRACTICE (1972 to 1984) Association with several leading Dallas area architectural firms. Principal responsibility for management of staff and coordination with external consultants as Project Architect /Project Manager with Hellmuth, Obata and Kassabaum, Inc. from 1980 through 1984. Accountable for project production, internal profit controls and delivery pursuant to schedule and economic criteria. DAVID D. FUNDERBURGH EDUCATION UNIVERSITY OF TEXAS, ARLINGTON, SCHOOL OF ARCHITECTURE. B.S. ARCHITECTURE. Honor Roll eight terms. G'ontinuing Education / Seminars: Fundamentals of Finance &Accounting for the Non -Finance Executive; BOMA Risk Management for Office Buildings; Bursars Construction Lending; Construction Law; and numerous real estate classes. AFFILIATIONS TEXAS REAL ESTATE BROKER LICENSE N0.0455931 (CORPORATE). TEXAS REAL ESTATE BROKER LICENSE NO. 0408444 (INDIVIDUAL). Architectural Registration (Inactive) :TEXAS LICENSE NO. 7501. TRUSTEE, LAKE HIGHLANDS UNITED METHODIST CHURCH REFERENCES References will be provided upon request. � r� Richard A. Ferrara, A.I.A. Architect Emeritus Formerly President of RFA, Inc. PROFESSIONAL EXPERIENCE: Richard has over forty years of experience providing architectural, land planning and zoning services. He established Richard Ferrara Architect, Inc. in Richardson in 1971 which, in it's thirty year history, designed buildings ranging from small restaurants to a million square foot plus corporate campus. Additionally, Richard has planned numerous large scale mixed use developments such as the six Nortel buildings in Greenway Park as well as the master development plan for Greenway. Among the largest master plans creased by RFA, Inc. was the one for Twin Creeks in Allen, which is approximately 2,100 acres. Richard serves on a multitude of civic and municipal boards and committees, donating countless hours assisting these organizations in implementing current activities and planning for the future. Richard has been presented numerous recognitions for both his architectural and civic work that includes: ➢ Inclusion in the "Leadership Grove" at Richardson Civic Center National Excellence Award for the Nortel Corporate Campus, Richardson, TX ➢ Recognition for Outstanding Contributions to Architecture by the University of Houston ➢ Recognition by the City of Garland for his years of active community involvement ➢ Richardson Chamber of Commerce 2006 Citizen of the Year Richard maintained an active role in all phases of projects in which his firm was involved. EDUCATION: Bachelor of Science in Architecture, University of Houston, 1960 PROFESSIONAL ACCREDITATIONS: National Council of Architectural Registration Boards State of Texas PRIOR REGISTRATIONS: State of Louisiana State of Oklahoma Commonwealth of Virginia PROFESSIONAL AFFILIATIONS: Urban Land Institute* American Planning Association" American Institute of Architects* Texas Society of Architects Dallas AIA Construction Specifications Institute International Conference of Building Officials Southern Building code Congress International CIVIC INVOLVEMENT: Richardson: Member of the Richardson Planning Commission Brokers & Developers Committee at the Richardson Chamber of Commerce Richardson Wildflower Festival Steering Committee Chairman of the Billye Meyer 2001 Charity Golf Tournament Breckenridge Area Standards Committee Richardson YMCA Advisory Board Baylor -Richardson Hospital Foundation Board Baylor -Richardson Hospital Gala Committee Richardson Regional Medical Center — Wildride Bike Rally Leadership Richardson Class XIV Richardson Citizen Fire Academy McKinney: McKinney Economic Development Committee Garland: Zoning Ordinance Revision Committee North Area Planning Committee North Area Implementation Committee S.H. 190 Standard Committee Central Area Plan Committee, Chairman Single Family Development Standards Committee Garland Chamber of Commerce Dallas: FBI Citizens Academy Class One, 2010 Goals for Dallas Committee Dallas Real Estate Council Collin County:Inside Collin County Business Advisory Committee Allen: Allen Chamber of Commerce `Indicates current affiliations as of Janua.iy, 2014 � c� Professional Credentials ■ Master of Science, Civil Engineering, Texas A&M University ■ Bachelor of Science, Civil Engineering, Texas A&M University ■ Professional Engineer in Texas ■ Texas A&M University Civil Engineering Distinguished Graduate Award Winner, 2013 Kimley»)Horn Roy Wilshire, P.E., LEED AP Roy provides technical and managerial expertise for a wide range of Kimley- Horn's planning, engineering, and surveying projects. With more than 50 years of experience, both as a city traffic engineer and as a consultant, Roy works with public and private clients on major transportation and land development projects. His experience encompasses the full spectrum of transportation and civil engineering services from pre -design planning to design, construction, and operations. Roy is viewed as a leader in corporate campus design by many of his clients in the North Texas area. Relevant Experience ■ State Farm Regional Headquarters —Richardson, TX ■ Raytheon Headquarters — Richardson, TX • Encana Oil Regional Headquarters — Plano, TX ■ Children's Medical Center Legacy Campus — Plano, TX ■ Arts of Collin County Center and Museum Site Selection — Allen and Frisco, TX ■ Vaquero Development — Westlake, TX ■ Craig Ranch — McKinney, TX • Granite 190 — Richardson, TX ■ Cityplace — Dallas, TX ■ Exxon Headquarters — Irving, TX • JCPenney Company Headquarters —Plano, TX ■ Palisades West —Richardson, TX ■ Galatyn Park — Richardson, TX ■ AMX Headquarters — Richardson, TX ■ Blue Cross / Blue Shield of Texas — Richardson, TX ■ Dallas Logistics Hubs — Dallas, TX ■ EDS Legacy Development — Plano, TX ■ Exposition Mills Factory Stores — Denton, TX ■ Legacy Town Center —Plano, TX ■ Grapevine Mills Mall —Grapevine, TX ■ Gates of Prosper — Prosper, TX ■ McKinney Ranch — McKinney, TX ■ Elm Fork Ranch — Carrollton, TX ■ Frisco Bridges —Frisco, TX ■ Midtown Park —Dallas, TX ■ The Tribute -- The Colony, TX ■ Advanced Neuromodulation Systems (ANS) Headquarters — Plano, TX ■ Cypress Waters — Dallas, TX ■ Rayzor Ranch — Denton, TX °-=•_� Professional Credentials • Bachelor of Science, Civil Engineering, Oklahoma State University, 2006 • Professional Engineer in Texas and Oklahoma Hey))) Horn Devin King, P.E. Devin ned Kimley-Horn in 2006 and provides a full range of civil engineering on land development projects. He has more than eight years of project experience for commercial, industrial, and retail developments managing projects from inception through completion, many of which have accelerated schedules and multiple variables that present a unique set of challenges. Devin has worked on projects from the initial feasibility and site planning stage —through assistance with zoning, platting, entitlements, and site design — culminating with completion of construction documents to support proposed and future development. Task accomplishments include preparing feasibility studies, achieving zoning and entitlement approvals, performing cost estimates, site planning and design, and project management. Relevant Experience • Autumn Leaves Memory Care Facilities — Dallas, TX and Edmond, OK ■ Gold's Gym — Yukon, OK, Cedar Park, TX, and Town and County, MO ■ Baylor Medical Center of Irving — Irving, TX ■ Omnicom Parking Expansion — Irving, TX ■ Custer & Parker Shopping Center — Plano, TX ■ PCA Clinic — Royse City, TX ■ LISD High School Offsite Sewer Extension — Lewisville, TX ■ Wichita Falls Pedestrian & Bike Trail — Wichita Falls, TX ■ Bell Helicopter, Various Projects — Fort Worth, TX ■ Erickson Retirement Community, Highland Springs Campus — Dallas, TX ■ Comerica Bank — 10+ Locations in the Dallas/Fort Worth Metroplex • Reliant Rehabilitation Hospital — Richardson, TX • Rayzor Ranch Town Center — Denton, TX ■ Granite 190 Office Park and Parking Lot Expansion — Richardson, TX ■ Magic Valley O&M Facility — Raymondville, TX ■ Jean's Creek FEMA Flood Study — McKinney, TX ■ RaceTrac —Frisco, TX • B&B Theatres —Wylie, TX • Children's Medical Center — Plano, TX ■ Village at Camp Bowie — Fort Worth, TX ■ 8600 Harry Hines Parking Improvements — Dallas, TX ■ Austin Ranch Irrigation Main — The Colony, TX ■ Bone Daddy's — Plano, TX ■ Cypress Waters — Dallas, TX ■ Whirlpool Regional Distribution Center — Wilmer, TX ■ KinderCare -- 3 Locations in Dallas/Fort Worth Metroplex ■ Conway MOB and Hospital — Conway, AR Approved by the Texas Real Estate Commission for voluntary Use Texas law requires all at estate licensees to give the following information about brokerage services to prospective buyers, tenants, sellers and landlords. I nformation About Brokerage Services efore working with a real estate broker, you should know that the duties of a broker depend on whom the broker represents. If you are a prospective seller or landlord (owner) or a prospective buyer or tenant (buyer), you should know that the broker who lists the property for sale or lease is the owner's agent. A broker who acts as a subagent represents the owner in cooperation with the listing broker. A broker who acts as a buyer's agent represents the buyer. A broker may act as an intermediary between the parties if the parties consent in writing. A broker can assist you in locating a property, preparing a contract or lease, or obtaining financing without representing you. A broker is obligated by law to treat you honestly. IF THE BROKER REPRESENTS 7NE OWNER: The broker becomes the owner's agent by entering into an agreement with the owner, usually through a written - listing agreement, or by agreeing to act as a subagent by accepting an offer of subagency from the listing broker. A subagent may work in a different real estate office. A listing broker or subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first. The buyer should not tell the owner's agent anything the buyer would not want the owner to know because an owners agent must disclose to the owner any material information known to the agent. IF THE BROKER REPRESENTS THE BUYER: The broker becomes the buyer's agent by entering into an ', agreement to represent the buyer, usually through a written buyer representation agreement. A buyer's agent can assist the owner but does not represent the owner and must place the interests of the buyer first. The owner should not tell a buyer's agent anything the owner would not want the buyer to know because a buyer's agent must, disclose to the buyer any material information known to the agent. IF THE BROKER ACTS AS AN INTERMEDIARY: A broker may act as an intermediary between the parties if the broker complies with The Texas Real Estate License Act. The broker must obtain the written consent of each party to the transaction to act as an intermediary. The written consent must state who will pay the broker and, in conspicuous bold or underlined print, set forth the broker's obligations as an intermediary. The broker is required to at each party honestly and fairly and to comply with The Texas Real Estate License Act. A broker who acts as an intermediary in a transaction: (1) shall treat all parties honestly; (2) may not disclose that the owner will accept a price less than the asking price unless authorized in writing to do so by the owner; (3) may not disclose that the buyer will pay a price greater than the price submitted in a written offer unless authorized in writing to do so by the buyer; and (4) may not disclose any confidential information or any information that a party specifically instructs the broker in writing not to disclose unless authorized in writing to disclose the information or required to do so by The Texas Real Estate License Act or a court order or if the information materially relates to the condition of the property. With the parties' consent, a broker acting as an intermediary between the parties may appoint a person who is licensed under The Texas Real Estate License Act and associated with the broker to communicate with and carry out instructions of one party and another person who is licensed under that Act and associated with the broker to communicate with and carry out instructions of the other party. If you choose to have a broker represent you, you should enter into a written agreement with the broker that clearly establishes the broker's obligations and your obligations. The agreement should state how and by whom the broker will be paid. You have the right to choose the type of representation, if any, you wish to receive. Your payment of a fee to a broker does not necessarily establish that the broker represents you. if you have any questions regarding the duties and responsibilities of the broker, you should resolve those questions before proceeding. Real estate licensee asks that you acknowledge receipt of this information about brokerage services for the licensee's records. Buyer, Seller, .Landlord or Tenant Date Texas Real Estate Brokers and Salespersons are licensed and regulated by the Texas Real Estate Commission (TREC). It you have a question EQVU "OUSINO OPPORTUNITY or complaint regarding areal estate licensee, you should contact TREC at P.O. Box 12188, Austin, Texas 78711-2188 or 512.465-3960. 01 A TREC No. OP-K �w CITY OF ANNA, TEXAS Item No. 13 City Secretary's use only City Council Agenda Staff Report Date: December 9, 2014 Staff Contact: City Manager Exhibits: Yes AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution approving an appointment to serve a two-year term on the Greater Texoma Utility Authority Board of Directors. SUMMARY: The Greater Texoma Utility Authority (GTUA) is a local political subdivision of the State and is governed by a Board of Directors. The Authority is a special -law district organized under Article XVI, Section 59, of the Texas constitution and operates under Chapter 49 of the Texas Water Code. GTUA member cities include: Denison, Sherman Anna, Bailey, Collinsville, Ector, Gainesville, Gunter, Howe, Leonard, Muenster, Pottsboro, Tioga, Tom Bean, Valley View, Van Alstyne, Whitesboro, and Whitewright. The Authority operates under the provisions of Chapter 49 of the Texas Water Code. The Authority has no taxing power, but may incur debt by the issuance of bonds supported by revenues from the operations it finances. The Authority may enter into contracts to provide services for member cities and others when requested. The Authority provides its member cities with assistance in financing and construction of water and wastewater facilities. The Authority may also be requested to provide operations services for water and wastewater facilities by member cities and others. The Authority is governed by a Board of Directors appointed by its member cities. Places 1, 2, and 3 are appointed by the City of Denison. Places 4, 5, and 6 are appointed by the City of Sherman. The City of Gainesville appoints a member for Place 7, with Place 8 appointed by the City of Anna. Place 9 is appointed by the general law member cities. Board members serve two-year terms. Half of the Directors are appointed each year so that the terms overlap. The Board of Directors is responsible for establishing all policies of the Authority. Or. Dave Stump currently serves as the City of Anna's appointee to the Greater Texoma Utility Authority's Board of Directors in Place 8. His term expires at the end of 2014. Or. Stump is eligible for and has asked to be considered for reappointment to another term. The Board typically meets on the third Monday of each month at 12:00 noon. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS MAKING AN APPOINTMENT TO THE GREATER TEXOMA UTILITY AUTHORITY BOARD OF DIRECTORS WHEREAS, the City of Anna, Texas (the y") is a member of the Greater Texoma Utty Authority ("GTUA" or the "Authority"); and, WHEREAS, GTUA is a special -law district organized under Article XVI, Section 59, of the Texas constitution and operates under Chapter 49 of the Texas Water Code; and, WHERAS, GTUA is governed by a Board of Directors appointed by its member cities; and, WHEREAS, Place 8 on the GTUA Board is appointed by the City Council of the City of Anna, Texas (the "City Council"); and, WHEREAS, the term of current GTUA Board member serving in Place 8 expires at the end of 2014. 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. Appointment to the GTUA Board of Directors. The City Council hereby appoints in Place 8 on the GTUA Board %J Directors. to serve atwo-year term PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 9t" day of December 2014. ATTEST: Natha Wilkison, City Secretary APPROVED: Mayor, Mike Crist CITY OF ANNA, TEXAS RESOLUTION NO. PAGE 1 OF 1 CITY OF ANNA, TEXAS Item No. 14 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: Jose December 2, 2014 ph Johnson Attached AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution selecting the Engineering Firm needed to complete the sewer improvements to be completed in the 2014 Texas Community Development Block Grant Program Project Number 7214349. SUMMARY: The City has received $275,000 in Community Development Block Grant funds from the Texas Department of Agriculture to complete sewer improvements in targeted areas of the City (Geneva, Cunningham, S. Interurban, S. Riggins, Edwards). To properly design and engineer this federally -funded project, the City needs to procure an engineering firm that is familiar with this program. The federal government has established a set of procurement rules that apply to CDBG- funded projects, primarily to ensure that federal dollars are spent fairly and to encourage open competition for the best level of service and price. Requests for proposals have been issued and notices have been published in accordance with these requirements. The deadline for the submission of proposals was set for Friday, November 21, at which time, all proposals were opened, evaluated and ranked. The City received one engineering proposal. As such, no scoring or ranking is required. Staff respectfully requests that the Council formalize the selection of the engineering firm by passing the accompanying Resolution. Engineering will cost $59,900. This project is funded by grant funds administered the Texas Department of Agriculture in the amount of $275,000 and matching funds allocated in the FY 2014/2015 Utility Fund budget in the amount of $149,220. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution selecting Birl<hoff, Hendricks, and Carter, LLP to complete the project engineering for the sewer improvements to be completed in the 2014 Texas Community Development Block Grant Program Project. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS CONFIRMING THE SELECTION OF THE ENGINEERING FIRM NEEDED TO COMPLETE THE SEWER IMPROVEMENTS TO BE COMPLETED IN THE 2014 TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PROJECT. WHEREAS; the Anna City Council ("City Council") desires to develop a viable community, including decent housing, a suitable living environment, and expanding economic opportunities, principally for persons of low to moderate income; and, WHEREAS; the City of Anna has submitted an application for and received an award of grant funds from the Texas Department of Agriculture relating to the City's 2014 TxCDBG application; and, WHEREAS; the City of Anna ("City") has satisfactorily completed the professional procurement process; and, WHEREAS; the City Council now desires to engage the services of a qualified engineering firm to provide engineering services related to the sewer improvements to be completed in the 2014 Texas Community Development Block Grant Program ("TxCDBG") project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: 1. The procurement of engineering services has been completed through the Request for Proposals selection process and that Birkhoff, Hendricks, and Carter, LLP has been selected to provide engineering services for the activities to be completed in this 2014 TxCDBG project. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this day the 9rn day of December, 2014. APPROVED: Mike Crist, Mayor ATTEST: Natha Wilkison, City Secretary CITY OF ANNA, TEXAS Item No. 15 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: December 2, 2014 Joseph Johnson Attached AGENDA SUBJECT: Consider/Discuss/Action regarding a Resolution selecting the Administration Consulting Firm needed to complete the sewer improvements to be completed in the 2014 Texas Community Development Block Grant Program Project Number 7214349. SUMMARY: The City has received $275,000 in Community Development Block Grant funds from the Texas Department of Agriculture to complete sewer improvements in targeted areas of the City (Geneva, Cunningham, S. Interurban, S. Riggins, Edwards). To properly administer this federally -funded project and oversee all aspects of its overall management, the City needs to procure a grant management firm that is familiar with this program. The federal government has established a set of procurement rules that apply to CDBG- funded projects, primarily to ensure that federal dollars are spent fairly and to encourage open competition for the best level of service and price. Requests for proposals have been issued and notices have been published in accordance with these requirements. The deadline for the submission of proposals was set for Friday, November 21, at which time, all proposals were opened, evaluated and ranked. The City received one administration proposal. As such, no scoring or ranking is required. Staff respectfully requests that the Council formalize the selection of the administrative firm by passing the accompanying Resolution. Program administration will cost $35,000. This project is funded by grant funds administered the Texas Department of Agriculture in the amount of $275,000 and matching funds allocated in the FY 2014/2015 Utility Fund budget in the amount of $149,220. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution selecting Lawrence &Associates to complete the project administration for the sewer improvements to be completed in the 2014 Texas Community Development Block Grant Program Project. CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS CONFIRMING THE SELECTION OF THE ADMINISTRATION CONSULTING FIRM NEEDED TO COMPLETE THE SEWER IMPROVEMENTS TO BE COMPLETED IN THE 2014 TEXAS COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PROJECT. WHEREAS; the Anna City Council ("City Council") desires to develop a viable community, including decent housing, a suitable living environment, and expanding economic opportunities, principally for persons of low to moderate income; and, WHEREAS; the City of Anna has submitted an application for and received an award of grant funds from the Texas Department of Agriculture relating to the City's 2013/2014 TxCDBG application; and, WHEREAS; the City of Anna ("City") has satisfactorily completed the professional procurement process; and WHEREAS; the City Council now desires to engage the services of a qualified administrative consulting firm to provide administrative services related to the sewer improvements to be completed in the 2014 Texas Community Development Block Grant Program ("TxCDBG") project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: 1. That the procurement of administrative services Request for Proposals selection process and that selected to provide administrative services for the 2014 TxCDBG project, has been completed through the Lawrence &Associates has been activities to be completed in this PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this day the 9tn day of December, 2014. Mike Crist, Mayor ATTEST: Natha Wilkison, City Secretary CITY OFANNA,TEXAS Item No. 16 City Secretary's use only City Council 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 an engineering task order with Birkhoff, Hendricks, and Carter, LLP for the Throckmorton Creek Trunk Sewer Extension. SUMMARY: The Throckmorton Creek Trunk Sewer Extension is necessary in order to provide capacity for proposed and future development in the Throckmorton Creek Sewer Basin and will remove the Oak Hollow Lift Station No. 1 from service. The project consists of between 6,400 and 5,900 linear feet of 21-inch sanitary sewer along the banks of Throckmorton Creek generally between Taylor Blvd. and Foster Crossing Rd. The engineering services task order with Birkhoff, Hendricks, and Carter, LLP provides for design, bidding, and contract administration services for the project. The engineering consulting fee covering Basics Services (Parts 1-III) for the base project is for the lump sum amount of $130,000.00 and the alternate project is for the lump sum of $135,000.00. The additional services (Part IV) for the base project is for the amount of $92,700.00 and the alternate project is for $112,700.00, for a total not to exceed amount of $247,700.00. Funds are available for this project in the Throckmorton Creek Interceptor Project Fund. STAFF RECOMMENDATION: Staff recommends approval of the attached Resolution w Manager to execute a task order with Birkhoff, Hendricks, Throckmorton Creek Trunk Sewer Extension. ich authorizes the City and Carter, LLP for the CITY OF ANNA, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING AN ENGINEERING SERVICE TASK ORDER WITH BIRKHOFF, HENDRICKS AND CARTER, LLP FOR THE THROCKMORTON CREEK TRUNK SEWER EXTENSION. WHEREAS; The City has negotiated an engineering service task order with Birkhoff, Hendricks, and Carter, LLP for the design, bidding, and contract administration of the Throckmorton Creek Trunk Sewer Extension Improvements; and, WHEREAS; the amount of the engineering consulting fee covering Basics Services (Parts I - III) for the base project is for the lump sum amount of $130,000.00 and the alternate project is for the lump sum of $135,000.00 and the additional services (Part IV) for the base project is for the amount of $92,700.00 and the alternate project is for $112,700.00, for a total not to exceed amount of $247,700.00. 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 and Authorization of Engineering Service Task Order. The City Council hereby approves the Engineering Service Task Order with Birkhoff, Hendricks and Carter, LLP for the Throckmorton Creek Trunk Sewer Improvements, 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 service task order agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this 9t" day of December 2014. ATTEST: Natha Wilkison, City Secretary Mayor, Mike Crist RES. Throckmorton Creek Tnmk Sewer Extension PAGE 1 OF 1 12-09-14 CITY OF ANNA, TEXAS Item No. 17 City Secretary's use only City Council Agenda Staff Report Date: Staff C017taCt: Exhibits: December 9, 2014 City Manager AGENDA SUBJECT: Closed Session (Exceptions): Under Tex. Gov't Code Chapter 551, the City Council may enter into closed session to discuss any items listed or referenced on this agenda under the following exceptions: SUMMARY: a. consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code §551.071); b. discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov't Code §551.072); acquisition of right-of-way; easements; and land for municipal facilities; c. discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov't Code §551.087); proposed residential and retail developments; d. discuss or deliberate personnel matters: City Secretary Annual Review and Update; City Manager Annual Review; Boards and Commissions.(Tex. Gov't Code §551.074). The council further reserves the right to enter into executive session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. STAFF RECOMMENDATION: CITY OF ANNA,TEXAS Item No. 16 City Secretary's use only City COunal Agenda Staff Report Date: Staff Contact: Exhibits: December 9, 2014 City Manager AGENDA SUBJECT: Consider/Discuss/Action on any items listed on posted agenda for December 9, 2014 Workshop Session or any closed session occurring during this Regular Meeting, as necessary. SUMMARY: STAFF RECOMMENDATION: CITY OF ANNA,TEXAS AGENDA SUBJECT: Adjourn � ►�1J �il►�il_1�� STAFF RECOMMENDATION: Staff recommends a motion to adjourn. Item No. 19 City Secretary's use only City Council Agenda Staff Report Date: Staff Contact: Exhibits: December 9, 2014 City Manager